This is the "detrimental reliance" defense - that you relied on their accounting to be correct, and should not suffer hardship due to that reliance.
I certainly would offer it up, it's not a strong hand IMHO.
Thanks for perspective, Eric. In your opinion, is there a strong hand to be used? Specifically, it appears from my experience as well as others, that Wyndham really has no idea what the correct point amounts in the account should be. For the situation that Mike outlined in his experience, it appears that Wyndham simply charted how many points he used in a given year, subtracted his contract amount, and came up with the "overage" that they charged him for.
In my first "interview" with Wyndham way back in August, this was their approach to my account. However, I pointed out that a had four different use years, which allowed me to roll forward points from year to year. Additionally, when I sold some contracts, they were transferred to the new owners without current use year points, even though I had plenty in my account. In those instances, I tried to get Wyndham to transfer the points to the new owner, and was not successful. The selling broker then simply had me reimburse the new owners for the maintenance fees for the missing points. In one instance, it was the current year AND the following year's points. In essence, this meant I would have more points than contracts would show. Couple this with several years of rolling points forward, and I could explain a sizable amount of the points overage. Of course, I had millions more points than that, which I attributed to Wyndham's faulty IT department. I have allowed those points to expire without using them, and I have kept screen shots on the final day of the use year to show what I surrendered.
I guess my suspicion is that Wyndham will use their simple methodology to come up with what my current use year points are, and attempt to ignore the points accumulation my records show. While I have used the screen shots to show what I have allowed to expire, I did not do that in prior years, when the amount of points was valid based upon the points rolling forward. So, I have a record of the points balance for prior years, but I do not have "proof" that a screen shot would provide. Any thoughts or suggestions?
Thanks