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Rescinded 45 days ago and no refund

Dannyh86

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Hi I sent my rescission letter to welk on September 4, 2014 and still haven't received my refund. What should I do now other than calling the credit card company about the payment. Thanks
 

bellesgirl

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I would definitely put in a dispute with the credit card immediately. This will keep you from having to pay that amount (or any interest) until the dispute is resolved. I would also contact Welk and inform them that you are disputing the charge.
 

Patri

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Do you have proof of your mailing?
 

Dannyh86

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Yeah I have the paper they gave me when I mailed it an the signature of when they received it is on their website also.
 

DeniseM

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Hi I sent my rescission letter to welk on September 4, 2014 and still haven't received my refund. What should I do now other than calling the credit card company about the payment. Thanks

Just to clarify - they may not "contact" you at all - they may just refund the payment to your credit card - have you been checking your credit card account online to see if you've received the credit?

If not:

You can't dispute the CC payment with a phone call - you have to do it in writing, so you do need to call your credit card company to find out exactly what they need for a dispute. You want to do this immediately.

Follow up with a letter to Welk - I'd send it return receipt requested, so they have to sign for it. Keep your letter short and sweet:

On xyz date I bought a timeshare from you - contract #ABC.

On xyz date, I rescinded from the contract, and I have documentation that you received my rescission letter - enclosed. (Include a copy of the letter and the receipt showing they received it.)

Because I have not heard from you, nor received a refund, I have disputed the payment with my credit card company.
 
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DeniseM

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Have you called Welk?

George

Don't call - the resort sales staff and management are not involved in rescinding, and there is no reason to talk to them, unless you want another sales pitch.
 

bogey21

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Don't call - the resort sales staff and management are not involved in rescinding, and there is no reason to talk to them, unless you want another sales pitch.

Personally I have had success with phone calls, 3 Deed Backs for example. My fear is that a letter often just gets lost in the shuffle. Call and ask for the Accounting Department. If the person asks why, just say you want to see if a check has been received. If that doesn't work call back again with another story. My experience is that eventually you will get through to someone who can help.

George

PS Before you ask. My 3 Deed Backs probably took 10 to 12 phone calls.
 

DeniseM

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George - Rescinding, and doing a deed back, are completely different processes. There is a specific process, mandated by law, for rescinding.

The "legal" requirement for rescinding is sending the letter by the deadline, so it's hard to imagine that it got "lost in the shuffle," unless Welch is intentionally thumbing their nose at the law.

He already knows that they received his rescission letter - he has the receipt showing that they received it, so I'm not sure what a phone call, or multiple phone calls will accomplish.
 
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Dannyh86

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Yeah I've been checking my credit card daily since I mailed the rescission letter. I still haven't seen the credit.
 

DeniseM

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Yeah I've been checking my credit card daily since I mailed the rescission letter. I still haven't seen the credit.

Time to play hard ball - do a formal dispute with your credit card company.
 

bogey21

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George - Rescinding, and doing a deed back, are completely different processes......

He already knows that they received his rescission letter - he has the receipt showing that they received it, so I'm not sure what a phone call, or multiple phone calls will accomplish.

When I suggested calling I was aware that he has proof they received his "rescind" letter. I think a phone call saying "You got my letter. Where is my refund" is worth a shot. You obviously don't. To each his/her own.

George
 

DeniseM

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George - If you could call, and talk to the right person, it would make sense to call, but the system is designed to direct you back to sales, where they are going to try to talk you out of rescinding. That's why they don't put the number in the rescission directions. They intentionally direct you to people who are going to try to talk you out of rescinding. It's simply not productive to call.
 

Dannyh86

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Yesterday I called and made the dispute for the deposit amount and this morning when I woke up I checked my account and the credit was posted so I had to call and cancel the dispute. Thanks everyone
 

theo

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Yesterday I called and made the dispute for the deposit amount and this morning when I woke up I checked my account and the credit was posted so I had to call and cancel the dispute. Thanks everyone

They had a maximum of 45 days (from the date of their receipt of your rescission) to issue your refund. Seems like they "pushed the envelope", but they did make it.
 
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Dannyh86

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Yeah I guess they decided to use all their time. Is it 45 days from the date I sent it or 45 days since they received it? Either way I'm glad I got the refund, one less worry
 

pedro47

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Yesterday I called and made the dispute for the deposit amount and this morning when I woke up I checked my account and the credit was posted so I had to call and cancel the dispute. Thanks everyone

I am very happy for you. Good Luck.
 

theo

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Yeah I guess they decided to use all their time. Is it 45 days from the date I sent it or 45 days since they received it? Either way I'm glad I got the refund, one less worry

As stated previously, they had (and met) 45 days from receipt of your notice of rescission to refund your deposit. The postmark date of your mailed notice of rescission applies specifically to individual state law identifying the rescission period for that particular state, but that is irrelevant to the time period for issuance of a refund.

There is no good reason to take 45 days to issue a refund for a deposit initially placed on a credit card --- it may perhaps even be an act of spite. They don't derive any particular financial benefit from delaying refund of a credit card-based deposit and there is no imaginable scenario in which it should ever take 30 days, let alone 45.

In any case, they made it "under the wire" with your refund and you have confirmation thereof. You can now breathe a sigh of relief. :) Congrats.
 
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