belaire golf resort and spa

kime155 wrote:

Please include me in this class action lawsuit. I earned it by what I bought at Belaire. Kim Erickson

carolynt40 wrote:

Who sent this message?

Monday, January 12, 2015

Final hearing takes place, evidence period concluded, closing statements to be presented by parties.

On January 5, 2015, the final hearing in the class action (Accion Colectiva 320/2013-VII), took place without the appearance of the defendant. In regards to the testimony and confessional evidence that were presented by the plaintiffs and that were to be discharged by the defendant; due to the fact that the defendants did not appear, the judge determined their lack of interest and in consequence, ruled to consider them confessed to the matters set forth in the confessional questionnaire. The final hearing has concluded the evidence period. The parties are therefore summoned to deliver their closing arguments and statements within a period of 10 business days.

It is past the 10 business days for delivery of "closing arguments and Statements." So what has happened??????

In case anyone hasn't seen the latest posting on the class action suit, it states, as of Jan 26th, there will be a sentencing within 30 days.

I also received this email. Well, shall we all get on a plane and high-tail it down there, and collect our money!

Many did the above in the last 2 years and have received NOTHING

I hope nobody will fall for this "offer". Maybe its legit but it should not be allowed to be posted in this thread. I have notified Redweek and expect it to be deleted.

Hello everyone;

This is César Rincón, and I have good news... the judge's final statement has been issued today, february the 20th, and it is favorable for your interests!!!

We remind you that you can adhere to the suit by just sending us via packaging (normal mail is too slow in México) certain documents. YOU DO NOT HAVE TO PAY US ANYTHING, THE JUDGE WILL FIX OUR FEES ONCE HE EXECUTES HIS SENTENCE.

PLEASE DON'T BE SCAMMED, WE WILL NOT CHARGE YOU A PENNY, OUR FEES WILL BE PAYED ONCE THE MONEY IS RECOVERED, THE JUDGE (NOT US) WILL SAY HOW MUCH OUR FEES WILL BE.

To adhere, you can contact us in the following e mails:

César Rincón: cesar.rincon@rinconabogados.com

Mr. Michelle Pelayo: michelle.pelayo@rinconabogados.com

Mr. Carlos Román: carlos.roman@rinconabogados.com

You can also call us on 011 52 33 38 26 25 26

Visit our website at www.rinconabogados.com

You can also contact us through Mr. Rodrigo Cruz, although he no longer works in our law firm, he is still helping us on these matters.

PD. You can ask us for a copy of the judge's statement, we will gladly sent it to you via e mail (please keep in mind it is in Spanish).

And what is "favorable for our interests" ? $1 for every $1000 we put in? Tell us more please before we shell out more money getting all the paper work in order or our those of us who have not been a part of the original class action not allowed to now present out paper work? Please answer Cesar!!!!!!!!

carolynt40....read the post again. The judge will decide the amount and the amount going to the lawyers. But remember, this is just a court ordered settlement. It remains to be seen how much money is even available...if anything. You may be sorry you didn't at least give it a try. I, for one, am very skeptical about any money (cash) being recovered. Hope I am wrong......time will tell.

What are the certain documents? We have already given all paper work asked for by Rodrico. That took a lot of time and money. Why would we need anything else? All of us who entered into this law suit have had our papers in order for a long time. These should be available to you without us doing any thing more.

Janet, Carolynt, and anyone else who have questions:

1. If you already sent your paperwork to us, then don't worry, you don't have to send us anything else. The paperwork is only for those who have not adhered to the class action yet.

2. If you haven't adhered to the class action you can still do so now… just send us an email asking for information and we will send you a document that explains such matters.

3. Halh is right, how much money you get back is up to how much is available by Belaire/HotelU. As of now, the lot in Puerto Vallarta where the hotel was supposed to be built is in sequestration, this means that the lot will be sold in order to obtain the money that is needed to pay you all back.

THIS WILL NOT BE QUICK, we are, however, optimistic in these matters.

Ok I will also try again. About two years ago I sent all the paper work to rodrigo. Passport info my contract, various other items. Since that time I have asked on this site, by email, tried by phone to ask if I am part of the lawsuit and I have never received any confirmation. I finally gave up. I too don't believe much will come if his but I would be inteteredted unknowing if I am in the suit or not. My contract number is 1269. Can anyone that reads this give info as to whether I am on board or not. I have read all your blogs so I know what emails are out there. But when I write an email to someone, I need a response.

dough204 wrote:

Ok I will also try again. About two years ago I sent all the paper work to rodrigo. Passport info my contract, various other items. Since that time I have asked on this site, by email, tried by phone to ask if I am part of the lawsuit and I have never received any confirmation. I finally gave up. I too don't believe much will come if his but I would be inteteredted unknowing if I am in the suit or not. My contract number is 1269. Can anyone that reads this give info as to whether I am on board or not. I have read all your blogs so I know what emails are out there. But when I write an email to someone, I need a response.

dough204 - I am in exact situation as you are. Just like that. I have never received any confirmation from Rodrigo even I have asked few times. The only difference from yours is the contract number. Mine # is 1234. Since then I stopped believe in anything I was reading here.

The class action has been resolved in first instance by the judge. The defendants may still appeal the resolution, and therefore it will not be definitive until the corresponding term for appeal elapses without there being one. Nevertheless, the court ruled favorably for the plaintiffs in this case, as translated from the actual sentencing document.

IT IS VERY IMPORTANT TO NOTE THAT ANY MONETARY SETTLEMENT WILL BE DETERMINED INDIVIDUALLY BY THE JUDGE FOR EACH MEMBER. EACH MEMBER WHO HAS NOT DONE SO, WILL STILL HAVE TO DOCUMENT THEIR CLAIM WITH SUPPORT EVIDENCE SUCH AS ORIGINAL CONTRACTS (OR ALTERNATIVELY DULY CERTIFIED COPIES WITH APOSTILLE OR LEGALIZATION WHEN REQUIRED BY LAW), TRANSLATIONS INTO SPANISH IF THESE ARE IN ENGLISH, PROOF OF PAYMENT (CREDIT CARD STATEMENTS, VOUCHERS OR WIRE TRANSFER CONFIRMATIONS), LETTER OF ADHESION. ADDITIONALLY OTHER INFORMATION MAY BE REQUIRED BY THE JUDGE IN EACH INDIVIDUAL CASE.

DO NOT FALL FOR SCAMS CLAIMING TO HAVE A BALANCE FOR SETTLEMENT IN A MEXICAN BANK TO BE RELEASED UPON PAYMENT OF UP FRONT FEES !!!!!!!

Resolution Section of the Sentence.

FIRST.- The class action that was filed as an individual homogenous class action filed by Carlos Roman Hernandez, in his character as legal judicial representative of the Civil Association called “Defensa Colectiva A.C.” is favorable to the plaintiffs, who ascertained their actions in respect to the considerations contained in their initial complaint document against RESORT INTERNATIONAL FOUNDATION S DE R.L. DE C.V., as assignee of the rights of WORLD RESORT MARKETING ENTERPRISES, S. DE R.L. DE C.V., consequently:

SECOND.- All agreements executed between the defendant RESORT INTERNATIONAL FOUNDATION S. DE R.L DE C.V. as assignee of the rights of WORLD RESORT MARKETING ENTERPRISES, S. DE R.L. DE C.V.; with the members of the plaintiff class, and those who adhered, as well as those consumers that further adhere to this sentence in the terms of the law; are hereby rescinded.

THIRD.- RESORT INTERNATIONAL FOUNDATION S. DE R.L. DE C.V. as assignee of the rights of WORLD RESORTS MARKETING ENTERPRISES, is hereby sentenced to refund the amounts paid by each one of the members integrating the class and those who adhere.

FOURTH.- The defendant RESORT INTERNATIONAL FOUNDATION S. DE R.L. DE C.V. as assignee of the rights of WORLD RESORTS MARKETING ENTERPRISES are condemned to the payment of damages and losses caused to the members of the plaintiff class, quantifiable and pending liquidation in by incidental means, upon the execution of the sentence.

FIFTH.- RESORTS INTERNATIONAL FOUNDATION S. DE R.L. DE C.V., as assignee of the rights of WORLD RESORTS MARKETING ENTERPRISES, is hereby sentenced to the payment of delinquent interests, at the legal rate of nine percent per year on the amount that has to be returned individually to each member of the plaintiff class and those who adhere, that will generate from the moment that the refunds are legally collectable from the defendant, and in the case that the latter does not fulfill the sentence.

SIXTH.- RESORTS INTERNATIONAL FOUNDATION is hereby sentenced, as assignee of the rights of WORLD RESORTS MARKETING ENTERPRISES, to the payment of expenses and costs in favor of the plaintiffs and the adhered, in the terms corresponding to this instance, which must be regulated incidentally.

As resolved and undersigned by Mario Oscar Lugo Ramirez, First District Judge in Civil matters in the State of Jalisco, before Licentiate Rafael Martinez Garcia, the Secretary that authorizes and attests to the above.

How long will this next step for repayment take? Any time line been set?

Hola Rodrigo,

This is indeed, a good news and thank you for all the effort that you had exerted on our behalf.

I understand there is a time limit given to an appeal and after which the retrieval of the funds would then be implemented.

What is the time table that you could advise us on this matter?

Muchas gracias,

Ramon

The latest news regarding Belaire - U Hotel. We purchased a unit at Belaire in January 2007. Since that time every time I returned to Puerto Vallarta I would go there to see what was going on. This time I resisted because I heard from someone who was staying at Bayview which is next door, that it was all boarded up. Yesterday, I visited a friend at Velas Vallarta and just on a whim I decided to really see what was really happening up close. I walked over and in the drive was a large truck with a sign on the side that said potable water. The front is boarded up but the door was opened to the area and without asking anyone I just walked in. Of course, someone came out and asked why I was there. I told him that I was one of the persons who had purchased Belaire as a timeshare. He invited me in and there were about a dozen men and women working in the area where the restaurant was. He invited me to sit down and he told me that he was part of the group that recently purchased the property from the Mexican government for pennies on the peso. They were there fixing it up as they were going to open it today, not to sell this location but somewhere else, He gave me a piece of paper with the U Hotel logo on it which included a form to fill out. Various other literature was on the table also. He invited me back to hear what was going on and they would pay my taxi from where I was staying. Since it was on the way to the airport I agreed, at least get part of my taxi money paid. I told him I had limited time. I asked him a few questions like where is Antonio Copella. He is in jail in Vegas he said and he has cancer. I asked about the units upstairs and he told me they were all gone. By the way the hair salon was still there just like it was closed for the day and nothing had been taken out. All the shampoo bottles were there and all other products were on the shelves. Not sure what is left in the kitchen where they cooked for the restaurant. I returned today and was ushered into the tent up front. Two other groups of people were talking to someone. They offered me breakfast but I declined. They handed me another survey which I was to fill out like how many timeshares presentations did I go to, where do I own and on and on. They then told me that they were involved in buying condominiums and basically I would be signing my rights over to Belaire and getting involved with the 91 condos that they "own". Of course, added money would be needed. I did get a bit huffy when they asked for photo ID and to see a credit card and the female there said that I was so nice yesterday why was I not today. No way was I going to listen to the lies all over again. They wanted me to sign something and then they would give me a promissory note, whatever that would mean. I told the guy I was speaking to and he said his father is the one who purchased the land, that the only time I would sign anything over is if someone gave ME money, dollars or pesos. I did question him as to what the class action suit meant that has been "won",and he just blew that off saying that the property had many liens against it. With that I left and added that I will spread the word as much as possible of the new scam that has been started. By the way the yard is full of weeds and the escalator is still bundled up in the yard. They did not want me near the area looking at the structure. When will it ever end. Has anyone else had the same experience?

Is this last post for real? Are we really going on to the next bunch of scammers? What do the lawyers that have been working on the class action all this time know?

Yes, I am for real. I have written on this forum and also on Belaire Vacation Club forum. My notes go back to page 22 or maybe before. My contract number is 299. Any questions regarding this please ask. I was shocked to see the proceedings. The guy I spoke to said that one person had given Tony and group over $400,000. One time I spoke to a lady who had paid out $200,000. There are so many "scams" going on in Mexico now. Timeshares are not selling as they once did so the sales forces are going out trying anything to get people to buy. It sometimes involves "vacation clubs" and the sellers are taking in their timeshare properties and giving them promises, worthless checks, and promissory notes toward the purchase of a point system and a vacation club. I still own at Grand Miramar in Puerto Vallarta and Playa Grande in Cabo. Love them both.

I sent you two messages at your g-mail address in efforts to set up an appointment to meet with you. I have not received a response so I decided to correspond through Redweek. My husband and I will be in Nuevo Vallarta from April 10th through April 24th We would like to sign on to the class action suit and have the papers properly notarized while we are in Mexico.

I would appreciate your help in this matter.

Patricia Swan paswan@msn.com

I received an interesting email today. It was addressed as NEWS member services. Normally I would just delete this. For some unknown reason I decided to look at it. At first it appeared to be the normal uninteresting stuff. It started out as "Loyalty rewards" Don't stop here. Next it said Hot diggity deal, then scrolling down, way down! It said fraud alert. Now this caught my attention! Then further down it says More on Fraud alert. KEEP GOING. Here's where it gets very interesting. Looks like some hearings from the past. Then even further down. I mean way down, are some pictures and comments. What does all this mean. I was sent this email twice in a row! Some of us have never given up hope that we may recover some of our loses. Could this be a sign??