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Rescinding a timeshare by a Canadian citizen

Vacationer82

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Hi there, my husband and I just purchased our HCIV timeshare at Orange Lake in Florida yesterday and we definitely have cold feet. We walked into the the two hour presentation with every intention of leaving with the cash gift but they kept us there for 6.5 hours and we finally signed what we thought might be a good deal - $11 500 for 50000 points. Both he and I were a bit stressed about it and as soon as we got home, realized it was definitely the wrong move, after we found this forum. I found the cancellation clause and it says to send it to the John Young Parkway address. We have some questions for you:

1. We are from Canada and it states that we can’t use US certified mail: “USPS Certified Mail® is a product of the United States Postal Service. USPS Certified Mail® with delivery confirmation is not available in Canada. A comparable service used outside of the US is Registered Mailwith Delivery Confirmation.“ Will this work instead?
2. The amount they took from our VISA debit card (gave by mistake instead of actual Visa card) is in Canadian - should we put both amounts on the letter?
3. Do we need a lawyer to look over everything or can we do it ourselves?

Thanks for your help!
 
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Karen G

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I believe you can do this rescission by yourself, but hopefully someone who lives in Canada can give you some advice. If you get a receipt that shows the date of mailing if you use Registered Mail in Canada that should be sufficient. The date you mail your letter is they most important thing as you have just 10 days from the date of signing in Florida to rescind.

Compose a simple letter stating that you wish to rescind your purchase. Have each person who signed the contract sign the letter. Mail it to the address on your contract, and be sure to keep your receipt from the post office showing that you mailed it within the 10-day rescission period. The date of mailing is the key--not the date they receive your letter. You may want to notify your bank, too, since you paid with a debit card instead of a credit card.
 

Fredflintstone

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Hi there, my husband and I just purchased our HCIV timeshare at Orange Lake in Florida yesterday and we definitely have cold feet. We walked into the the two hour presentation with every intention of leaving with the cash gift but they kept us there for 6.5 hours and we finally signed what we thought might be a good deal - $11 500 for 50000 points. Both he and I were a bit stressed about it and as soon as we got home, realized it was definitely the wrong move, after we found this forum. I found the cancellation clause and it says to send it to the John Young Parkway address. We have some questions for you:

1. We are from Canada and it states that we can’t use US certified mail: “USPS Certified Mail is a product of the United States Postal Service. USPS Certified Mail with delivery confirmation is not available in Canada. A comparable service used outside of the US is Registered Mailwith Delivery Confirmation.“ Will this work instead?
2. The amount they took from our VISA debit card (gave by mistake instead of actual Visa card) is in Canadian - should we put both amounts on the letter?
3. Do we need a lawyer to look over everything or can we do it ourselves?

Thanks for your help!

I am from Canada and you can use International Xpress Post from Canada Post with signature requested.

However, it sounds like you may be in the US as you bought this timeshare yesterday? If that is the case, simply craft your rescission letter and send US certified mail today. This forum has plenty of good examples of what to say. Just keep the letter short, clear, concise and succinct.

I suggest you talk to no one. Your written instructions is all you need.




Sent from my iPad using Tapatalk
 

Fredflintstone

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Don’t worry about the amounts. In your letter you are stating you want a full refund. They will refund in US currency which will be converted to CDN by your bank. They will use the same mode to credit that they used to debit in most cases.

No Lawyer is needed for this. Just keep proof of postmark and copy of the letter you sent.


Sent from my iPad using Tapatalk
 

TheHolleys87

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I agree that as long as you are still in the US, you can use the USPS to send your rescission letter, certified of course. If you are back in Canada already, use the International Xpress Post.
 

vacationtime1

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You are not the first to succumb to the long high-pressure sales pitch.

You were wise to then research -- and to do it within the statutory rescission period.

Congratulations on finding TUG; you saved yourself $11.5K -- a lot of money in either currency.
 

Vacationer82

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I believe you can do this rescission by yourself, but hopefully someone who lives in Canada can give you some advice. If you get a receipt that shows the date of mailing if you use Registered Mail in Canada that should be sufficient. The date you mail your letter is they most important thing as you have just 10 days from the date of signing in Florida to rescind.

Compose a simple letter stating that you wish to rescind your purchase. Have each person who signed the contract sign the letter. Mail it to the address on your contract, and be sure to keep your receipt from the post office showing that you mailed it within the 10-day rescission period. The date of mailing is the key--not the date they receive your letter. You may want to notify your bank, too, since you paid with a debit card instead of a credit card.
Yes, I’ll notify my bank right now, thanks! So very glad I found this post. :)
 

Vacationer82

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I am from Canada and you can use International Xpress Post from Canada Post with signature requested.

However, it sounds like you may be in the US as you bought this timeshare yesterday? If that is the case, simply craft your rescission letter and send US certified mail today. This forum has plenty of good examples of what to say. Just keep the letter short, clear, concise and succinct.

I suggest you talk to no one. Your written instructions is all you need.




Sent from my iPad using Tapatalk
We’re back in Canada now, almost missed our flight because of the length of the presentation. We’ll compose the letter as suggested, will make sure to review it before sending so no signatures or content is missed. Thank you!
 

Vacationer82

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Don’t worry about the amounts. In your letter you are stating you want a full refund. They will refund in US currency which will be converted to CDN by your bank. They will use the same mode to credit that they used to debit in most cases.

No Lawyer is needed for this. Just keep proof of postmark and copy of the letter you sent.


Sent from my iPad using Tapatalk
Okay, will just request a full refund then - thanks!
 

Vacationer82

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Oh, and one last question - we signed this document in a LOT of places. What would be considered the official signature page we should include with our recession request? We didn’t get a CD rom, just a lot of photocopied papers and a booklet. Is it required to send that back to orange lake or not bother?
 

qlaval

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... They will refund in US currency which will be converted to CDN by your bank...
You will probably lose 5% ($550USD) doing so, as your bank will charge you a currency exchange fee of 2.5% on both transaction (purchase and refund) still that's a small fee to learn.
Good move on rescinding!
 

Passepartout

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Oh, and one last question - we signed this document in a LOT of places. What would be considered the official signature page we should include with our recession request? We didn’t get a CD rom, just a lot of photocopied papers and a booklet. Is it required to send that back to orange lake or not bother?
I haven't seen the contract, but the page with your signatures is likely the last one. The one that says something about agreeing to the terms blah blah blah. . . . It isn't necessary to send them a copy, it's only to show your 'official' signatures for ID purposes. I'm sure many have rescinded successfully without it. Including it is kind of a 'belt AND suspenders' approach.

Glad you found TUG, and Welcome. If you haven't been scared off entirely, and are curious about TS and want more information, we're still here.

Jim
 

Vacationer82

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You will probably lose 5% ($550USD) doing so, as your bank will charge you a currency exchange fee of 2.5% on both transaction (purchase and refund) still that's a small fee to learn.
Good move on rescinding!
They’ve only taken out ~$700 so far for the deposit so luckily it won’t be that big a hit. Phew!
 

jabberwocky

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You will probably lose 5% ($550USD) doing so, as your bank will charge you a currency exchange fee of 2.5% on both transaction (purchase and refund) still that's a small fee to learn.
Good move on rescinding!

Some credit card companies will reverse the 2.5% currency conversion charges if you show them that it is a refund (it would have to be the same amount in the foreign currency). I've done this with Amex a couple of times and they have been awesome at reversing - no questions asked (one a hotel charged me twice for the same room - the hotel refunded to the card but the amounts in $CDN was different due to the 2.5% currency differential).
 

jabberwocky

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I agree that as long as you are still in the US, you can use the USPS to send your rescission letter, certified of course. If you are back in Canada already, use the International Xpress Post.

Actually if you are in Canada already use Xpress Post USA - will be a bit cheaper than International Xpress post and will be less confusing for the post office. :) The recipient has to sign for this and you'll have tracking. Good luck!
 

Vacationer82

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So I sent the rescind letter yesterday, along with all the materials they gave us - I’d read somewhere on this site that they would deduct $50 from our refund if we didn’t? Will be tracking the package to ensure they receive and sign for it. Thank you all again for your help, I’ll let you know when we get our refund!
 

LannyPC

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We walked into the the two hour presentation with every intention of leaving with the cash gift but they kept us there for 6.5 hours and we finally signed...

Just out of curiosity, how many different sales people (regardless of whether they called themselves survey takers, managers, closers, etc., they're all sales people) did you have to face throughout this 6-hour boot camp?
 

Vacationer82

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Just out of curiosity, how many different sales people (regardless of whether they called themselves survey takers, managers, closers, etc., they're all sales people) did you have to face throughout this 6-hour boot camp?

We met with one at first, then his “manager” and then it became a back and forth between the two of them for the next four hours. We finished up with a quality assurance person, the a notary and finally we were done. They were all very nice at the time but wow, it was intense.
 

Grammarhero

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Hi everyone, we just got our refund back, so happy!! We lost a bit due to the exchange rate but as this means the contract is cancelled, it’s insignificant. Thanks again for all your help, so grateful we’re no longer in this for life!
Congrats!
 

equitax

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If they haven’t hit your debit card for the rest see with bank if you can freeze the card. I would send usps as well as FedEx. There is particular wording that you want to include in letter. If you are still in florida it’s under false 721 06 or 10. Google can help. So can this document
Congrats!


https://www.arda.org/uploadedFiles/...ll_Out_Boxes/Rescission Period Chart 8.14.pdf

Hi there, my husband and I just purchased our HCIV timeshare at Orange Lake in Florida yesterday and we definitely have cold feet. We walked into the the two hour presentation with every intention of leaving with the cash gift but they kept us there for 6.5 hours and we finally signed what we thought might be a good deal - $11 500 for 50000 points. Both he and I were a bit stressed about it and as soon as we got home, realized it was definitely the wrong move, after we found this forum. I found the cancellation clause and it says to send it to the John Young Parkway address. We have some questions for you:

1. We are from Canada and it states that we can’t use US certified mail: “USPS Certified Mail® is a product of the United States Postal Service. USPS Certified Mail® with delivery confirmation is not available in Canada. A comparable service used outside of the US is Registered Mailwith Delivery Confirmation.“ Will this work instead?
2. The amount they took from our VISA debit card (gave by mistake instead of actual Visa card) is in Canadian - should we put both amounts on the letter?
3. Do we need a lawyer to look over everything or can we do it ourselves?

Thanks for your help!
 
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