Help! Mailed rescind letter on 11/20 but it’s not there yet

[Daisy63]

hi, I posted about buying a flex vacation plan on 11/18 and then I decided to cancel and mailed in my rescind letter on 11/20. Originally the post office told me it should arrive in 2-3 days and the tracking info shows expected to arrive on 11/24. Now it says the delivery is delayed but it’s been like that since 11/27(now is 11/30). I kind of freak out now because I’m worried the post office lost my mail. If they do, what should I do next? I did take a pic of the letter and envelope before I mailed It.

Thanks for any advice!

 

[VacationForever]

Oh dear. It happened once to us where we sent certified mail with tracking to an employee who was out on extended leave. USPS routed a local address to another part of California and it sort of looped and the letter never arrived at the recipient's address. We went back to the post office several times to get to the bottom of it. They had essentially lost the letter in the system... routed to another city several hundred miles away. In the end the letter was returned to our office address 3 months later. It was a good address but USPS totally messed up.

At this stage, I would suggest you send another letter to rescind, with tracking again, and in it to include a copy of your tracking information to show that you did send the letter to rescind within the sitpulated timeline.

 

[pedro47]

Anything important like this we always used Fed Ex. It costs more but it will be their overnight.

 

[okwiater]

If you took pics before mailing, and mailed it using a guaranteed method such as certified, you will be fine. I agree with the previous poster that you should be notifying Vistana via other methods at this point to ensure the paperwork doesn't end up being processed. Between the GPS/timestamped photos of the letter and the certified mail receipt, you can prove it was mailed on time.

 

[Passepartout]

I would go back to the post office (with your receipt and pictures) and let them put a trace on it. What matters as far as the rescission is concerned is the postmark showing WHEN it was mailed, NOT when it's received.

Good Luck!

Jim

 

[taterhed]

Just for posterity--and anyone who might read this in the present or future--

This is from the TUG advice section:

• Along with the letter, send a copy of the main page of the contract.
• Be sure you send your rescission letter using the exact form of mail/communication stated in the instructions - you may be required to FAX or mail your rescission - follow these instructions exactly.
• If you are required to mail your rescission, make sure it is postmarked within the required time and that you get a return receipt when it's delivered.
• If you are required to FAX your rescission, make sure you keep a copy of the FAX receipt to document the date and time.
• If the rescission instructions require you to send a FAX, you should also mail a copy of your rescission papers via a trackable mail delivery service with proof of delivery.
• Make copies of everything you send - don't send any original documents.
• Expect your salesperson to try and talk you out of it. Don't get embroiled in a long discussions, just keep politely repeating, "I'm not interested."
• You may be required to return the owner's guide or other materials you got as a new owner upon request.

Keep in mind, the LAW--the only thing that matters--is very specific on timeshare rescission and varies by state/country. I don't know your state, but it's easy to look up. The LAW specifies the rule (usually or always, would need state...) and stipulates when the clock starts, how many days you have and what qualifies as a legal response for cancelling the contract (usually the day you MAIL the rescission letter). Courts will uphold a document mailed by USPS (even if delayed) and may/may not uphold other forms of delivery (UPS, FedEx etc....). Follow the contract.

I would definitely follow-up as advised by the other posters.

Good luck

 

[geist1223]

With out giving any Legal Advice normally the important Legal Date is the Date of Mailing. You have to be able to prove the Date of Mailing. Organizations normally have P.O. Boxes. While they empty the P.O. Box every Business Day they may not take the time to pickup and sign for Certified/Registered Mail every day. I remember when WM's P.O. Box was in San Francisco and their Business Office was in Las Vegas. Boy did this cause delays. I started sending everything with a Certificate of Mailing attached.

 

[dioxide45]

Anything important like this we always used Fed Ex. It costs more but it will be their overnight.

Keep in mind that sending it via FedEx may not protect you under the law. Also, FedEx and others have been known to lose packages too.

 

[dioxide45]

We had a similar issue for a timeshare sale where the disbursement check was being sent to us. It was set priority two day but took over a week to get to us. I would suggest doing as @okwiater said. WOrst case is you may need to get an attorney involved, it would probably still be much cheaper than what you paid for your developer Flex Options.