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Old August 25, 2010, 09:03 AM   #1
Skinnygrl
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[2010] Cancelling a Contract

I didn't know where to put this question, so I made a new thread... Please move it to the correct forum if this is not ok. Thanks!

Does anyone have the phone number for the contract department? I sent my cancellation letter and the new member packet to:

Wyndham Vacation Resorts Inc.
Contracts Department
P.O. Box 94443
Las Vegas, Nevada 89193

I mailed it express mail and they attempted to deliver it yesterday but no one picked it up. If they don't get it within 5 days, it will be sent back to me. We signed the contract on 8/20 and today is 8/25. The contract said we had 7 days to cancel. Are we ok because the letter was dated 8/23 or should I be concerned?
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Old August 25, 2010, 09:30 AM   #2
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Very important that you send your cancellation with return receipt, so you have the proof they received it. They don't have to receive it within the rescind period, but you must have it postmarked by the final rescind date. I am thinking you did that.....
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Old August 25, 2010, 09:38 AM   #3
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I did not send it return reciept because I sent it Express mail. There is a slip that shows the postmark date and the tracking information. I alsop have the receipt. I asked the clerk at the post office about signature confirmation, but he said that might actually slow the receipt since it will be held at the post office until they sign for it. If the package gets sent back, I will make sure I don't open it and go from there... Thanks!
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Old August 25, 2010, 09:42 AM   #4
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Well, 1st off Congratz on the Rescind decision!

That said, I would be burning up the phone lines to ensure that my package was received. the date on your letter is immaterial, the date of the postmark matters...that's why formal correspondence should be registered to show proof of mailing. I "think" Express Mail gives the same proof so you should be reasonably OK in that respect.

My only question would be...Did you follow your Rescind Procedures to the letter? Phone calls and email will not get that job done. Honestly, I thought Rescinds were done at the home resort but I've never done one.

Still, smarter folks than me will soon be chiming in...Again, Congratz on the Rescind! Buy Resale...
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Old August 25, 2010, 10:11 AM   #5
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Yes, the contract is at home but the language basically said you have 7 days from the date of the Agreement to send a written letter of cancellation to this address... along with all welcoem materials. So I sent the free tote, and all paperwork the sales person gave us and this letter:



Contract Department
Wyndham Vacation Resorts, Inc.
P.O. Box 94443
Las Vegas, Nevada 89193


Dear Sir or Madame,

We wish to cancel this Agreement, Contract Number: XXXXX-XXXX, dated August, 20, 2010. Enclosed are all membership materials, all in good condition.

We had originally agreed to pay $XXXX toward an equity trust, which would be used toward the purchase of XXXXXX biennial Club Wyndham Plus Points, however we have decided that we do not wish to become involved with Wyndham Vacation Resorts at this time. Please cancel this Agreement as of the date of this letter.

Thank you for your time.


Sincerely,


ME

Contract Number: XXXX-XXXXXX
Member Number: XXXXXXXX
Date of Agreement: August 20, 2010
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Old August 25, 2010, 10:16 AM   #6
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Sometimes the instructions specify a mailing method - that's the only thing I would check. Everything else seems in order.
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Old August 25, 2010, 10:19 AM   #7
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Sometimes the instructions specify a mailing method - that's the only thing I would check. Everything else seems in order.

No, it didn't specifiy... The statement in the contract was only a few lines in section 8 that just said to mail the letter and membership materials (in good condition) back to that address within the 7 days of signing the agreement. It said the cancellation would be effective the date of the letter.

Do I need to cancel the Perks membership seperately or will Wyndham put a stop on it once they realize I cancelled the agreement?
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Old August 25, 2010, 10:39 AM   #8
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They will cancel everything associated with the contract. Express mail should be fine as proof of postmark date. Just make sure you hang onto the carbon copy of the address slip and your receipt.
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Old August 25, 2010, 10:56 AM   #9
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Great, thanks! I look forward to buying some resale points! We were looking at either the Glade in TN or Star Island in FL. Any thoughts?
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Old August 25, 2010, 11:00 AM   #10
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I don't think you have to cancel the perks membership. We bought from the Developer in September of 08 and rescinded the next day and bought resale about 6 months later. I didn't realize it but my perks membership ran out in June and I have never paid for it. I never used it but I never paid for it either.

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Old August 25, 2010, 11:05 AM   #11
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You have it right.

Quote:
Originally Posted by Skinnygrl View Post
Great, thanks! I look forward to buying some resale points! We were looking at either the Glade in TN or Star Island in FL. Any thoughts?
Great choice to get a good deal on Wyndham by buying resale - the only way Wyndham makes any sense at all.

As for which resort - which is closer to you? Which would you prefer if you "had" to use your home resort vs going to anywhere the points system lets you? Which has lower fees (today - unfortunately there is no guarantee about fee level tomorrow)? Does either seem to be lagging in regular maintenance/updates? iF SO AVOID that as the owners there may be facing a special assessment for the things that should have been collected for slowly in the past.

Again congratulations on avoiding the retail purchase and it's 90% + loss of value on day 8 by rescinding. Go get yourself those resale points and enjoy the great Wyndham system at a much better purchase price.
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Old August 25, 2010, 11:39 AM   #12
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go to USPS.com, put your tracking number from the express slip in the track/confirm box and get the tracking info for your express piece. it will show all dates/times from start to end.
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Old August 25, 2010, 03:59 PM   #13
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The one time that I rescinded my Wyndham purchase, I sent the notice certified mail with return receipt. I also faxed it to them. They had started the cancel process with the fax. However, I believe if I had not sent the letter, they would have not honored the fax request to rescind. I called after putting the rescind letter in the mail to find out what to do with "stuff" that I was given me. I was told that had already started the rescind process and that they would get back to me about the stuff. They never did get back to me.
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Old August 25, 2010, 11:48 PM   #14
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Exclamation skinnygrl

Just to be on the "safe-side" (sometimes the rescission MUST be by USPS, return receipt, only), you might want to do another "rescind letter", this time by regular mail, return receipt requested, and mail it tomorrow---still within your recission period.

Sure, it will cost you a few dollars more, BUT, with that postmark, it make no difference if they pick up the letter, or not.

Tony
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Old September 7, 2010, 03:11 PM   #15
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skinnygrl

Just wanted to know whether Wyndham accepted your rescind letter or did you have to take some extra action. Do let me know as i also am in the 7 day period and want to cancel my time share with Wyndham
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Old September 7, 2010, 03:41 PM   #16
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Quote:
Originally Posted by django View Post
Just wanted to know whether Wyndham accepted your rescind letter or did you have to take some extra action. Do let me know as i also am in the 7 day period and want to cancel my time share with Wyndham
Recision is not something that is dependent on someone's good mood -- it's the LAW.

If you follow the requirements for recision, which should be stated in your purchasing paperwork, Wyndham has no option but to refund your money. If they violate the law, they could lose their license to sell timeshares in that state.
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Old September 7, 2010, 04:28 PM   #17
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resale tips

once you have successfully rescinded, head to ebay for resale. Get a contract for a $1, with free closing. Maintenance Fees around ~$5 per 1000 is good. Besides the obvious search keyword of "wyndham points" use "fairshare points" as well, as that is what they were called and often doing this will pull up different contracts that may have not been listed before.
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Old September 10, 2010, 01:25 PM   #18
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If django is still out there, I hope he mailed off his letter by now...

I wouldn't mind knowing the outcome of Skinnygrl's issue as well.
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Old October 12, 2010, 05:12 PM   #19
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We are trying to rescind a contract for Club Wyndham Access that we signed yesterday. I sent rescind letters to the Florida address. Luckily I saw in the fine print on one of the payment option forms that I also had to call them to cancel. The lady I spoke to was very nice and told me that I had sent my Express mail letter to the wrong place, that it should have gone to Las Vegas. She gave me their fax number so I faxed the letter to them. She suggested that I also send a certified letter to them, which I will do tomorrow.

So I thought we had taken care of everything I needed to do, but now my husband was reading online and found mention here that we need to send the welcome packet back? Could you tell me exactly in which document and what section the rescission instructions are included? I looked but could find nothing. We tried to cancel at the resort but they would not even talk to us. All I could find in our contract was that we have 5 days to rescind. I sent the letter first to Orlando and wouldn't even have known to send to the Rescissions Dept if I hadn't talked to the lady in Finance. I'm sure there is some buried clause that I haven't found, so I would appreciate it if you would point me in the right direction.

Thanks,
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Old October 12, 2010, 05:37 PM   #20
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How To Cancel A Wyndham Contract

Mowife,

While it is possible that a contract to purchase Club Wyndham Access is somehow different from a contract to buy UDI points at a specific Wyndham Resort, the Recission Clause that you are looking for should be immediately above your signature on the last page of the Contract.

Look for verbage in BOLD Black Type that is printed with a slightly larger font than the regular contract information. Again, the statement should be the very last statement before your signature. But, depending on where the purchase took place the State law covering recission instructions may have caused the sentence to be placed somewhere else in the document.

DO NOT GO By WHAT someone at Wyndham may have verbally told you and DO NOT go by what is provided below. YOU MUST FOLLOW the INSTRUCTIONS in YOUR Contract to the letter!

Having said that, on a standard Wyndham contract the wording should look similar to and convey instructions similar to the following:

YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION WITHIN FIVE (5) DAYS AFTER THE DATE YOU SIGN THIS CONTRACT, NOT INCLUDING SUNDAY IF THAT IS THE FIFTH (5TH) DAY, OR THE DATE YOU RECEIVE THE DISCLOSURE STATEMENT PURSUANT TO... [Section of Applicable State Law which is left out of this statement because each State Code Section is different,] ...WHICHEVER OCCURS LATER. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY ANOTHER VERIFIABLE MEANS, TO WYNDHAM RESORTS, INC. AT __________________, LAS VEGAS, NEVADA 89193. [Note that the final address has been left out because it may differ significantly from the ACTUAL address required.]
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Old October 14, 2010, 11:51 PM   #21
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Goofyhobbie,

Our contract states (in the big bold print you referenced and just above our signatures): "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."

There is no specific address listed and no mention of needing to return the information packet. It doesn't even state that the letter has to be mailed, but when I tried to hand deliver it at the resort, I was told by the salesman that it had to be mailed certified to the corporate office. The ONLY address I could find on the contract was the Orlando headquarters, so I sent a letter there. 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. I have scanned through all of the lengthy materials included in the packet but did not find any other mention of the rescission policy. I did find a general requirement that any communication sent by email or fax also had to be sent by certified mail. If you think there could be another buried clause somewhere, please let me know where to look.

My husband and I have called Financial Services several times to check on this process. I was told by a member of Owner Relations that sometimes they do request that the welcome packet be returned, but I was told that if this was necessary we would be notified later. (Someone else posted that they had been told the same thing but were never required to send it in.) I specifically asked if not sending the return packet would in any way halt the rescission process and was told no.

When I called today, I was told that our letter had been received and that the contract now has a status of cancelled and that the rescission is in process. I asked if there is anything else that we need to do to complete the rescission process and was told no. I also asked, since the rep said it was "in process," if there was any chance that the rescission would not go through. He said that once the contract gets a status of cancelled, that it is definite and after 30 days the contract will no longer appear on our account. I requested that he send me an email stating all of this in writing, but he said that he is not allowed to do that.

As I said, my husband and I have called several times. I guess it's possible that all of the multiple reps we've talked to could be lying to us, but we got names and login IDs from each person we spoke to, and our phone records should show that we were on the line for several minutes each time. In the letter that I faxed and mailed to Las Vegas, I also added a line requesting that we be sent an email by COB yesterday if any additional documents or information were needed to process the rescission. I have not yet received an email. At this point I think we have done everything we can do, based on what I've been able to find in the contract. It makes me a little nervous that I can't get them to send me anything in writing, but if this ever goes to court, I think we have enough documentation to show that we made a good faith effort to do whatever is required to get this contract cancelled.

If you have any other advice, please let me know. Thanks so much to everyone here for sharing your experiences and advice. It was very helpful during this stressful process.

mowife
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Old October 15, 2010, 12:06 AM   #22
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Rescission not dependent on welcome materials

You sent the letter to the address indicated for exercising your right to rescind. Financial Services confirms that your letter was received and your contract has been cancelled. Your right to rescind the contract is not dependent on returning your informational packet and the rescission cannot be held up for that. Exercising your rescission rights cancels the contract. Once your contract is cancelled, they may request that you return the materials you received, although I have never known them to actually do that.

Retain a copy of your letter and your proof of mailing the letter of rescission with the postmark date and time. That is your documentation for having met the legal requirements to exercise your right of rescission, which they are bound to honor if you met the terms within the allotted timeframe.

If you signed up for autopay, keep an eye on your statement and see that no charges are drawn on your account.

Good job

Last edited by learnalot; October 15, 2010 at 12:16 AM.
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Old October 15, 2010, 12:55 AM   #23
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Quote:
"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:

Quote:
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:


Quote:
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!
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Old October 15, 2010, 06:48 AM   #24
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Done and out. You can safely sleep again

Quote:
Originally Posted by mowife View Post
Goofyhobbie,

When I called today, I was told that our letter had been received and that the contract now has a status of cancelled and that the rescission is in process. I asked if there is anything else that we need to do to complete the rescission process and was told no. I also asked, since the rep said it was "in process," if there was any chance that the rescission would not go through. He said that once the contract gets a status of cancelled, that it is definite and after 30 days the contract will no longer appear on our account. I requested that he send me an email stating all of this in writing, but he said that he is not allowed to do that.

As I said, my husband and I have called several times. I guess it's possible that all of the multiple reps we've talked to could be lying to us, but we got names and login IDs from each person we spoke to, and our phone records should show that we were on the line for several minutes each time. In the letter that I faxed and mailed to Las Vegas, I also added a line requesting that we be sent an email by COB yesterday if any additional documents or information were needed to process the rescission. I have not yet received an email. At this point I think we have done everything we can do, based on what I've been able to find in the contract. It makes me a little nervous that I can't get them to send me anything in writing, but if this ever goes to court, I think we have enough documentation to show that we made a good faith effort to do whatever is required to get this contract cancelled.

If you have any other advice, please let me know. Thanks so much to everyone here for sharing your experiences and advice. It was very helpful during this stressful process.

mowife
You can stop calling & get some good sleep. It is over and you fulfilled the requirements to cancel. They are not lying about that - it won't change now.

You dodged a bullet and can, if you want, still get the benefits of a timeshare ownership after some research and a resale purchase at a very low cost - especially compared to any retail purchase. Just take your time before making any timeshare purchase and be sure you understand exactly what you are buying into and where the real costs are.
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Old October 15, 2010, 08:52 PM   #25
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Thanks again for all of the advice. I will let you know if I hear anything more from Wyndham.

learnalot - We did sign up for autopay but I already called to cancel that. I also called our credit card and informed them of the situation. They said that they would refuse any charges but if we see anything come through on our statement to just let them know and they will take care of it.

mowife
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