Cancelation Letter Question

So, thanks to TUG users, I narrowly (I think) have avoided buying into a resort at a overinflated price. I sent letters via Express mail with signature proof of delivery yesterday to both addresses listed in the contract documents (it said one or the other, but I figured it was better to use the shotgun approach in case one didn't make it for some reason).

My question now is; the tracking information via USPS says that delivery to the Las Vegas address was attempted, but "No authorized recipient was available" and a notice was left. After 5 days of being unclaimed, the letter will be returned to the sender (me).

My question is; So what if Wyndham just refuses to accept the letter and/or never picks it up? No doubt they know that a delivery receipt letter is bad news for them and if they wait until after the 7 day grace period (tomorrow), can they say I didn't recind in time? Should I send a telegram, or can they refuse that too?

Any advice? Thanks again everyone!

The recision standard is proof of mailing Wyndham will honor the recision letter if you complied with the recision instructions in the original package

Fax them at 702-304-4217 and reference prior mailing!

I don't recall any posts where it was mailed in a timely manner that they have refused to honor!

I beleive I complied. It wasn't until after I sent off the express mail envelopes that I found a form in the original package which is a "Notice of Mutual Right of Cancellation of Time Share Purchase"

The form basically says I need to recind by midnight tomorrow night by sending that form to either of the two addresses that I sent my letters to or to send a telegram. It also says that I can send "this cancellation notice or any other written notice or send a telegram to..." Therefore I believe my letters qualify.

Not that I don't trust Wyndham at this point; but I don't trust Wyndham at this point......

If you have the proof from USPS that it was mailed to the correct address within the rescission period, you will be home free. If you put a down payment on a credit card, I'd dispute that charge as well just to be sure.

Jim

Yeah, we didn't use a credit card... we did the whole finance it through Wyndham thing which was a pay it off in 6 months same as cash type deal. Our intention was to come home and move some funds around and pay for it that way, but low and behold, "my eyes were opened" by fellow Tuggers here and I realized that I would be better off to recind the purchase.

So, as long as I have my trusty express mail receipts, I should be golden; right?

Don't forget to print off the attempt by the PO, Good chance they wont pick it up knowing what it is. Check it again in a few days and see if there is a status update.

JPD said:

Don't forget to print off the attempt by the PO, Good chance they wont pick it up knowing what it is. Check it again in a few days and see if there is a status update.

Click to expand...

Desn't Matter, the standard is "sent by"

In many offices, low-level employees are not allowed to sign for mail.
Certified mail, return receipt, is a method of serving small claims cases.
I have no reason to fear one, but I ain't about to help anyone pull a fast one.

So, I don't advise "signature required" mail, but that regular mail
with "delivery confirmation" (no signature required) be used instead.

Long + Short = Follow the instructions eggsactly as stated in the contract
... Even if you think you know a better way.

I also just sent a telegram to their address just to be safe. It cost me $50, but that's a pittance against any other potential issues on delivery.

Total waste of money. See prior posts!

A couple posts here where faxes have been accepted which cost little from home or nothing if from office.

Clerks doing recissions are on hourly wage or weekly salary and could care less about lying commissioned sales weasel in Podunk!

Yeah, you're probably right.... it's $50 down the drain... however, I am well accustomed to Murphy taking great pleasure in my life and I promise you; if it can go wrong, it will go wrong when I am the person involved and it seems it's alway not in my favor... I drop the $50 with a smile on my face and happiness in my heart.