Description

On October, 2022, I purchased fractional ownership of a 1-bedroom unit with 5 Platinum weeks at Vallarta Gardens Beach Club and Spa Private Residence Club hereafter referred to as the Residence Club located in the city of La Cruz Nayarit, Mexico. It was, what I have come to learn, a serious fraud and conspiracy to defraud citizens of the United States by a timeshare company in Puerto Vallarta, Mexico. Specifically, Kovay Vacations (previously known as Vallarta Gardens) of La Cruz de Huanacaxtle, Nayarit, Mexico. Using methods including false contracts, credit card fraud, banking fraud, and wire fraud, they have established a business that is sophisticated and effective in luring in victims to a scheme that has proved to be a giant scam. The sales price of $31,508.93 closing costs was $3,781.07 with a total purchase price of $35,290.00. On the date of purchase, I paid a down payment of $11,028.13 with closing costs of $3,781.07 for a total of $14,809.20. I paid the downpayment and closing costs using credit cards. My Chase VISA for $2,809.20 and Barclays Mastercard for $12,000.00. I also signed a Promissory Note for $20,480.80 for the balance owed for the purchase which was paid in full on 11/28/2022 using American Express credit card. Vallarta Gardens used deceptive marketing to entice me to apply for a Credit Card on site for the downpayment. They assured me that they were a certified partner of Barclays Bank which enabled them to obtain instant approval on credit applications because of Vallarta Gardens reputation and relationship with Barclays Bank. As of this writing, they owe me $35,389.00 in accordance with the Guaranteed Liquidation Agreement and $45,900.00 in accordance with the Guaranteed Marketing Agreement for the deposit my six (6) weeks of fractional ownership at Vallarta Gardens over the last three years since I purchased my fractional ownership in October 2022. AMS is now unreachable, and I do not get any assistance from Vallarta Gardens despite near constant attempts via phone, email and letters. Enclosed is copy of Barclays RCI Credit Card statement for the month showing the $12,000.00 charge. I have referenced other supporting documents that describe the purchase and the fraud and are available on request but are not included in this letter due to the number of documents and length of the documents. In addition to the purchase, I entered into agreement FORTEX Securities for a deferred security insurance program through called the Linked Deferred Security Agreement which insures my investment for a period of 10 years for a one-time premium of $3,866.45. It allows the policy holder to make a partial withdrawal of accumulated Interest of $18,075.65 at the beginning of 6th year or full withdrawal of $72,608.64 and the forfeiture of the Residence Club property. Whether this guarantee is honored is unknown and requires me to keep my account with Vallarta Gardens active by paying annual maintenance dues. I have filed complaints with the Federal Bureau of Investigation (FBI) Internet Crime Center (IC3) on August 28, 2025, and with the Federal Trade Commission on September 18, 2025. I have spent more than two years attempting to get my money promised and even guaranteed to no avail. I now know that this is a scam and all should be advised to avoid.