"NOTICE THAT YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHIN FIVE DAYS AFTER THE DATE OF THIS AGREEMENT. CANCELLATION MUST BE IN WRITING AND IF SENT BY MAIL, ADDRESSED TO THE OTHER CONTRACTING PARTY AS SHOWN ON THIS AGREEMENT, CANCELLATION WILL BE ACCOMPLISHED AT THE MOMENT THE LETTER IS POSTMARKED. IF SENT BY MAIL, THE LETTER MAY BE CERTIFIED WITH A RETURN RECEIPT REQUESTED. YOUR RIGHT TO CANCEL CANNOT BE WAIVED."
mowife,
At the top of the first page of the contract where it identifies you and your husband as one party and Wyndham as the
other party you may see something similar but not necessarily identical to what is provided here:
This Club Wyndham Vacation Ownership assignment agreement and use restriction ("Assignment Agreement") is made this 11th day of October, 2011, by and between Wyndham Vacation Resorts, Inc., a Delaware Corporation located at _________________________("Plan Manager") and _____________________________________ Joint Tenants with the Right of Survivorship ("Owner")
[The "other contracting party as shown on the agreement" is probably meant to identify the Seller (Wyndham) and (Wyndham's Address.)]
Given that you sent a letter (hopefully certified return receipt requested) and faxed the same letter to "THE "other contracting party as shown on (your) agreement" it would appear to this layman and any "reasonable man" that you have complied with the instructions.
Everything you did following that, including sending the letter by certified mail to the address provided by Wyndham's Financial Services Department is at least "icing on the cake" and an EXCELLENT "cover your ____" protective action.
Based on your succinct response above, I believe you can rest easy!
You have done everything that was possible given your particular circumstances.
The key sentence is quoted below:
After talking to Financial Services and being advised of the correct address, I both faxed and sent a copy of the letter in certified mail to the Rescissions Dept in Las Vegas.
Do as you have already planned to do, while the information is fresh and in hand. In addition, you might create a one page list of the actions that you undertook to comply with the Contract and attach copies of every document in your possession to that list. Make absolutely sure you retain the certified mail receipts and the time stamped transmission of the FAXES.
The U. S. Post Office certified receipt that you have or will get back from the Post Office is prima facie evidence that you sent something in an envelope or box to the address indicated. That certified receipt will or should have a signature identifying who received the envelope. Unfortunately their is no proof that anything was in the envelope; but the transmission record of the FAX should have a picture of the document you sent by FAX as your back-up.
As you have already figured out, you have a GREAT paper trail and your 8.5 x 11 list of who you taked to including dates, time, and what was said provides a record that backs up your other documentation.
P. S.: Hold on to the Sales Materials such as the Directory and the box that the sales person may have given to you for at least a month or so. But, in the meantime, I would not concern myself with the Sales Materials given to you after the signing of the contract.
The materials are a great source of information for you to keep as a memento of your experience. The day may come when you get the chance to help someone else who, like you, is trying to follow-through and rescind.
Based on what you have said above, you received no specific instruction to return the sales information and it is highly unlikely that Wyndham will make an issue about that after the fact. They certainly cannot hold you responsible for what they "gave to you" since they did not explicitly tell you what to do with the material in case of a recission.
After a reasonable period of time has passed and you have received a complete refund of any upfront payment as well as some kind of letter or acknowledgement from Wyndham that you are good to go, you can re-join us here on TUG and, if you are so inclined, look into buying what you originally liked for roughly 97% of what you were charged prior to the recission.
Good Luck,
I would appreciate hearing from you through TUG when the dust has settled!