Sumday Vacation Transaction GONE BAD! What to do now?

After numerous purchases from Sumday Vacations... I am not a happy with them NOW....a Transaction GONE BAD!

I purchased a timeshare from them at end of 2010. Since this was an even use year, biennial, I received the filed deed and thought everything was okay until I went to prepay my 2012 fees (so I could get the highest banking power from the unit) and find out that it is not in my name.

I inquired about this on November 28, 2011 and has yet to get resolved. I have left voice mails for Sherry and emails. She said that it was sent with a transfer fee in December 2010.

Well.... guess what....Still no response....

What should be my next step? Would filing with the BBB help?

I now just want my money back.

Any advice would be appreciated.

Peggy

got4boys said:

After numerous purchases from Sumday Vacations... I am not a happy with them NOW....a Transaction GONE BAD!

I purchased a timeshare from them at end of 2010. Since this was an even use year, biennial, I received the filed deed and thought everything was okay until I went to prepay my 2012 fees (so I could get the highest banking power from the unit) and find out that it is not in my name.

I inquired about this on November 28, 2011 and has yet to get resolved. I have left voice mails for Sherry and emails. She said that it was sent with a transfer fee in December 2010.

Well.... guess what....Still no response....

What should be my next step? Would filing with the BBB help?

I now just want my money back.

Any advice would be appreciated.

Peggy

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Did the deed copy you received from Sumday have the correct information? If yes, wouldn't this be an error on the part of the resort processing the transfer?

Sumday Vacations, ebay auctions

still they should have replied to her messages.. sounds like another one may have bit the dust..

maybe they will come here to defend their actions or lack there of..

carl2591 said:

still they should have replied to her messages.. sounds like another one may have bit the dust..

maybe they will come here to defend their actions or lack there of..

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I would contact the BBB or other state/federal authorities. My guess is as a result of Sumday action or inaction, the unit is now late in the 2012 maintance fees with all associated problems relating to this status (i.e. possable freeze of 2012 usage etc.).

http://tugbbs.com/forums/showthread.php?t=160636

I would suggest you take a deep breath

These types of things take time to research to find out what went wrong.

If you have the recorded deed, it is more that likely the resort/management companies error.

If Sherry is working on correcting it, why do you now want your money back?

I have purchased quite a few units from them, I have a few in various stages of closing now, and all is going well.

Do mistakes get made? Of course, we are all human, but Sumday has always fixed them or if they couldn't they will refund your money.

Greg

got4boys said:

After numerous purchases from Sumday Vacations... I am not a happy with them NOW....a Transaction GONE BAD!

I purchased a timeshare from them at end of 2010. Since this was an even use year, biennial, I received the filed deed and thought everything was okay until I went to prepay my 2012 fees (so I could get the highest banking power from the unit) and find out that it is not in my name.

I inquired about this on November 28, 2011 and has yet to get resolved. I have left voice mails for Sherry and emails. She said that it was sent with a transfer fee in December 2010.

Well.... guess what....Still no response....

What should be my next step? Would filing with the BBB help?

I now just want my money back.

Any advice would be appreciated.

Peggy

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aliikai2 said:

... If Sherry is working on correcting it, why do you now want your money back? ...

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My mistake, apparently if you are a victum you are just supposed to sit back and take it. If Sumday does fix problems, then there should not be any problem with Sumday taking the deed back and giving a full refund, plus damages for the loss of use for the 2012 week.

She has not replied to multiple inquiries or phone calls.

got4boys said:

She has not replied to multiple inquiries or phone calls.

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They are in today, They returned my phone call after I got an answering machine. It appears you got Sumdays last best and final postion at this point in time. The BBB and a lot of the State Consumer Protection folks give the ability to file a complaint on-line. Wish you luck. Some BBBs can get a resolution for you. If this was bought via E-Bay, you may want to let them know also (not that they care). What did the resort say, did they even have a request from Sumday to transfer the ownership?

I almost had dealing with this company with a closing of a re-sale.
After they wanted 750 to close, I did not go through with it.

retailman said:

I almost had dealing with this company with a closing of a re-sale.
After they wanted 750 to close, I did not go through with it.

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Wise move. You saved at least $750 dollars and probably a lot of grief.

This is one reason why dealing with those jackleg closing companies that eBay sellers use is a gamble.

Depending on the state, the way these eBay sellers play it, they often violate the real property brokerage laws and laws on the unauthorized practice of law. In North Carolina, they violate both. If it were an NC, timeshare, I would advise complaints on the eBay seller, closing company, and eBay itself with the NC State Bar office on Unauthorized Practice of Law, and the state Real Estate Commission. Some states laws are more lax in one or both areas so YMMV.

The NC State Bar has already issued warning letters to a number of the jackleg closing companies used by eBay sellers. I would love to see one of them push their luck again and end up on the receiving end of a criminal felony indictment.

I am sorry, are you the OP in this thread??

Using terms like Victim, loss of use, bla, bla, bla doesn't help the op with her situation.
If you were to post, " Well what I did was" .
But rabble rousing when something can be fixed is counter productive.

If the end result is Sumday's fault I am sure that the OP we be taken care of. If however it is a resort/management company issue will you then issue an apology to Sumday ? I think not.

Greg

rrlongwell said:

My mistake, apparently if you are a victum you are just supposed to sit back and take it. If Sumday does fix problems, then there should not be any problem with Sumday taking the deed back and giving a full refund, plus damages for the loss of use for the 2012 week.

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No, I was not the orginal poster, however, I am an owner of a resort that was being falsly advertized as a Club Wyndham Access deeded timeshare. See the tread(s) addressing this issue. He/she apparently has no regard for his buyers, seller, or owners at the resorts that could be harmed by his self serving business practices.

You are probably right, the words I use may not help the Orginal Poster, but maybe filing with BBB and the appropriate law enforcement authorities might.

If you are interested in what I did in problematic situations through the BBB, you might to review the records of the BBB of Central Flordia. I understand their records are open to the public. By the way they did a great job.

If you read the following post(s) by the Original Poster, I think you will find that the OP is not aware of any significant steps being taken towards resolution of the issue.

It looks like you may be what is called a TRoll in internet speak.

A person who, on a message forum of some type, attacks and flames other members of the forum for any of a number of reasons such as rank, previous disagreements, sex, status, ect.
A troll usually flames threads without staying on topic, unlike a "Flamer" who flames a thread because he/she disagrees with the content of the thread.

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You don't have a dog in that fight either but continue rabble rousing even after seeing pages after pages of glowing recommendations from long time tuggers.

Since you appear to be unaware of Ebay's listings parameters, you must put a location on an timeshare you list, so you will see things like Worldmark Kauai, even though they are pure points and don't have a home resort.

This is what you are seeing and I guess not understanding.

Update: The reseller got in touch with me and sent me something called, "Wyndham Owners Interest Sheet". This document shows the E-Bay listing that shows Club Wynhdam Access points as a deeded property as a Club Wyndham Access program. He also indicated this was not a deeded property. It is a certificate of ownership property. The E-Bay listing is showing Smokey Mountain with a RCI number attributed to Smokey Mountain. The Wyndham Owners Interest Sheet makes no reference to Smokey Mountains. It is showing simply Club Wynhdam Access points. The difference, as I understand it, has to do with Maintance Fees. I believe that Smokey Mountain Maintance fees are less than the Club Wynhdam Access maintance fees.

I would think that E-Bay re-sellers would not intentionally misrepresent timeshare descriptions in order to possably get a sale. This hurts not just their own reputation, but the whole of the re-sellers that use E-Bay.

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rrlongwell said:

No, I was not the orginal poster, however, I am an owner of a resort that was being falsly advertized as a Club Wyndham Access deeded timeshare. See the tread(s) addressing this issue. He/she apparently has no regard for his buyers, seller, or owners at the resorts that could be harmed by his self serving business practices.

You are probably right, the words I use may not help the Orginal Poster, but maybe filing with BBB and the appropriate law enforcement authorities might.

If you are interested in what I did in problematic situations through the BBB, you might to review the records of the BBB of Central Flordia. I understand there records are open to the public. By the way they did a great job.

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As to running around and touting the BBB they are a toothless tiger that can suggest or attempt to mediate, similar to what I am doing without all the hype and hoopla,

Greg

aliikai2 said:

It looks like you may be what is called a TRoll in internet speak ...

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I have been called worse, even on the Tugs Forums. Hopefully, my experience has help some along the way to satisfactory resolutions to their problems or to avoid problems.

"attacks and flames other members of the forum" If the shoe fits, you might want to wear it. Yes, I have seen that Sumday is a participant of one or more of the TUGS threads.

By the way as a token of my good will, a complement: Your defense of Sumday and it's business practices were very well done.

Thank You

It is easy to defend one of the good guys that I have purchased around 30 units from over the last 2 years.
There have been two issues on those purchases, one the previous owner had used some of the next years points.
Sumday wrote us a check for the value of those points.
The other was the resort filling out the information sheet as 1-52 float, when it was in fact a Gold season Weeks that didn't work for us.
They refunded us within a week or two.

Greg

rrlongwell said:

No, I was not the orginal poster, however, I am an owner of a resort that was being falsly advertized as a Club Wyndham Access deeded timeshare. See the tread(s) addressing this issue. He/she apparently has no regard for his buyers, seller, or owners at the resorts that could be harmed by his self serving business practices.

You are probably right, the words I use may not help the Orginal Poster, but maybe filing with BBB and the appropriate law enforcement authorities might.

If you are interested in what I did in problematic situations through the BBB, you might to review the records of the BBB of Central Flordia. I understand their records are open to the public. By the way they did a great job.

If you read the following post(s) by the Original Poster, I think you will find that the OP is not aware of any significant steps being taken towards resolution of the issue.

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rrlongwell said:

I have been called worse, even on the Tugs Forums. Hopefully, my experience has help some along the way to satisfactory resolutions to their problems or to avoid problems.

"attacks and flames other members of the forum" If the shoe fits, you might want to wear it. Yes, I have seen that Sumday is a participant of one or more of the TUGS threads.

By the way as a token of my good will, a complement: Your defense of Sumday and it's business practices were very well done.

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retailman said:

I almost had dealing with this company with a closing of a re-sale.
After they wanted 750 to close, I did not go through with it.

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I paid a lot more than that for a closing with another company, but because the resort transfer fee was $550.

I purchased twice from sumday vacations (Dennis) in the past year. The first time it turned out that the week was not what it was supposed to be, and I received a refund immediately. The second time it went well, they were fast and responsive. They seem to be very willing and responsive to work through issues. That's just my experience.

Moi aussi - good experience with Sumday, as I had mentioned before in another thread.

Gophesjo said:

Moi aussi - good experience with Sumday, as I had mentioned before in another thread.

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+1 here too. I bought a 3BR Lockout Spinnaker Palace View from him earlier last year. I had a great experience.

In my experience, I have always attracted more bees with honey than with vinegar. However, your mileage may vary (YMMV). Hope this trashing approach works out for ya.

To the OP -- You could contact the law enforcement agency where their office is located and tell them you've been a victim of theft. Or at least leve a voice-mail to the effect that you are planning on doing so absent any response.

A public explanation of the situation

got4boys said:

After numerous purchases from Sumday Vacations... I am not a happy with them NOW....a Transaction GONE BAD!

I purchased a timeshare from them at end of 2010. Since this was an even use year, biennial, I received the filed deed and thought everything was okay until I went to prepay my 2012 fees (so I could get the highest banking power from the unit) and find out that it is not in my name.

I inquired about this on November 28, 2011 and has yet to get resolved. I have left voice mails for Sherry and emails. She said that it was sent with a transfer fee in December 2010.

Well.... guess what....Still no response....

What should be my next step? Would filing with the BBB help?

I now just want my money back.

Any advice would be appreciated.

Peggy

Click to expand...

Peggy,
I am sorry that this transfer had an unforeseeable turn. As you know we received the recorded deed back from the county on 12/7/10 and sent the original to you. A copy with the appropriate transfer fee was sent to Southwind MGMT (Spinnaker's title dept) that same day. Southwind never contacted us to state any problem had occurred and we assumed the transaction was finalized with them. I hate to say this but Southwind is not the easiest to get along with and they do not communicate well with others.

However, I am not making excuses but after you contacted us in December of 2011 we immediately started researching what had transpired but we could not get Southwind to cooperate/respond. Here is Southwind's response.

Karen Geiger of Southwind does not wish to transfer the property to you as they are claiming that the prior owner really didn't own that week and unit as the developer (Southwind) had mistakenly deeded it to them at the time of their purchase. Since that deed was filed in March of 2002 I see no way that Southwind can ten years later claim they made an error.

Sherry and I are working on this as fast as is humanly possible to get your resolution to this issue caused by Southwind, not by any action or failure of action by Sumday Vacations. I am sorry you felt it necessary to come on TUG and say these things but that is your right.

So, if you would prefer for us not to pressure Southwind into acceptance of this rightful transfer simply let me know and I'll gladly refund your money. At some point in time Southwind will ask you to sign a deed back to them so they can resell the unit, but since they aren't allowing you to be the owner they can't bill you for the unit either.

The other option you may want to consider is to go on our website and look at Spinnaker properties that we could replace this purchase with. There would be a huge benefit to you in doing this as Southwind now requires the seller's to pay $750 (Biennial) $1500 (Annual) in prepaid maintenance fees before it sells. So, if you found an every other year we have in inventory we could replace it for you and you would also gain the $750 maint. fee credit. As you know this resort is floating time so you have plenty of time to use it this year and it takes us less than a week for recording in Taney County.

You have done numerous transactions with Sumday Vacations and we value you as a client. I hope that you will contact me to resolve your complaint and allow me to keep you as a client for many years to come.

Jeff Brown

sumdayvacations said:

... So, if you would prefer for us not to pressure Southwind into acceptance of this rightful transfer simply let me know and I'll gladly refund your money. At some point in time Southwind will ask you to sign a deed back to them so they can resell the unit, but since they aren't allowing you to be the owner they can't bill you for the unit either ... The other option you may want to consider is to go on our website and look at Spinnaker properties that we could replace this purchase with. There would be a huge benefit to you in doing this as Southwind now requires the seller's to pay $750 (Biennial) $1500 (Annual) in prepaid maintenance fees before it sells. So, if you found an every other year we have in inventory we could replace it for you and you would also gain the $750 maint. fee credit ...

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Interesting options. You get a refund and are still stuck with the timeshare that cannot be used and the cooresponding legal problems that entails.

Or

Replace the property with another one from the same group. You could end up with two timeshares that cannot be used with the cooresponding problems.

Maybe Sumday may accept a deed back to them and a refund.

An old expression comes to mind. Take me once, shame on you. Take me twice, shame on me.

Look forward to hearing that Sumday will do the right thing and take a deed back and give a refund.

I would not have anything to do with just owning the property and not paying the maintance fees on it. You just eventually loss your rights to the timeshare that way.

Just out of idol interest, to Jeff: Do you have a active Real Estate License in the state the Resort is located in? and does that State require one?

rrlongwell said:

Interesting options. You get a refund and are still stuck with the timeshare that cannot be used and the cooresponding legal problems that entails.

Or

Replace the property with another one from the same group. You could end up with two timeshares that cannot be used with the cooresponding problems.

Maybe Sumday may accept a deed back to them and a refund.

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I'm not sure that's unreasonable, assuming that is an accurate version of the facts. Try this perspective.

You acquire legal title to an ordinary condominium from someone, and then turn around and resell that condominium to someone else. You file all of the paperwork to do a transfer, but the condominium association refuses to recognize the transfer, claiming that the condominium was incorrectly deeded to the original owner and the condominium in question is actually a different unit. Despite the fact that the original owner actually occupied and used the unit.

In that situation what do you think your obligations would be as the seller? Would you accept a deedback and refund the money to your buyer?

?????????????????????????

Did you read the same thing I did? They are offering a full refund or a better option taking another SW managed resort an receiving between $750 -$1500 worth of prepaid fees.
I can't see where this is anything but a win for the buyer, and Sumday is making this right.
Even though as I predicted it was a MANAGEMENT company mistake.
I will accept your apology now for bad mouthing a good resale company.

Greg

rrlongwell said:

Interesting options. You get a refund and are still stuck with the timeshare that cannot be used and the cooresponding legal problems that entails.

Or

Replace the property with another one from the same group. You could end up with two timeshares that cannot be used with the cooresponding problems.

Maybe Sumday may accept a deed back to them and a refund.

An old expression comes to mind. Take me once, shame on you. Take me twice, shame on me.

Look forward to hearing that Sumday will do the right thing and take a deed back and give a refund.

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