# Canel Contract - help!



## hille (Mar 18, 2009)

*Cancel Contract - help!*

Hi,
my husband and I got sucked into a presentation at the williamsburg plantation resort in virginia. for some reason we signed the contract, not really knowing what exactly we had signed. i have done some research and found out that our week 5 is completely useless. we paid 9900 bucks, putting down 1462 of that.
this happened friday and we have 7 days to cancel according to virginia law.
monday morning i went to the post office and sent the cancellation letters. one via certified, return receipt and one via registered mail. since information was withheld during the sales session and my questions were not truthfully answered, i also carbon copied one letter to the common interest community board in virginia. i made it clear in the letter that we will file a complaint if our deposit is not refunded in full or any more expenses are charged to our account.
during the session, i have specifically asked whether or not week 5 would have any influence on the trading power of our timeshare. the answer was no. now, i find out that we will never be able to trade that week for anything.
is there anything else i need to do before the cool-off phase runs out?
thank you
hille


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## Stricky (Mar 18, 2009)

Welcome to TUG.

Just make sure you follow the recinding direction exactly as they appear in the paperwork they gave you.


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## DeniseM (Mar 18, 2009)

Here is a FAQ about rescinding, it was written for another timeshare system, but besides that, everything applies to you.  Find the directions in your paperwork and follow them EXACTLY, keep a copy of everything, and mail it return receipt requested.  Good luck!


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## hille (Mar 18, 2009)

the contract just says to send it to the developer office certified mail return receipt. i also send one copy registered mail, because i am worried that they might not sign for the letter to delay things.


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## m61376 (Mar 18, 2009)

As long as it is postmarked by the deadline and you followed the directions, you will be fine. Just breathe a sigh of relief and give yourselves a pat on the back that you realized to rescind before the deadline.

Timesharing can be wonderful if you buy what is right for you. Take some time to learn about the different systems, think about where/when you'd like to travel and then possibly consider making a purchase. In many cases, you can do much, much better on the resale market. For instance, Platinum Marriott weeks in Williamsburg are selling for less than you paid, with Marriott reportedly having the nicest units in the area and significantly higher trade power.

You should buy where and when you'd like to visit most often, and buy something with enough trade power for what you want to trade into. As you've discovered, an off season week will have relatively poor trading power and, unless you are planning on last minute exchange, will be good for trading into other off season weeks. If you want peak resorts and trades you need to buy something equivalent. If, however, you like to travel a bit off season and/or plan last minute, then your needs will be different.

Welcome to Tug and take time to learn about the different systems before plunging in.


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## hille (Mar 18, 2009)

thank you so much for your assuring words. i had sleepless nights over this deal.
are those practices not illegal? they flat-out lied to us about the benefits of the contract.


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## hille (Mar 18, 2009)

i have just checked with the post office, my letters were delivered this morning.
should i expect any kind of response or nasty phone call?


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## ecwinch (Mar 18, 2009)

It is not uncommon for the salesperson to try to contact you to "save" the sale, and sometimes those calls can turn ugly. Stay the course.


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## djs (Mar 18, 2009)

When it comes to what he said to you, it's not worth anything if it isn't also in writing.  Unfortunately it becomes a case of "he said/she said" and those are tough ones to prove.  Besides, I'm sure there is a clause in the contract saying that nothing the salesperson told you applies if it isn't in the contract.

Now he or someone else will try and call you.  They get paid on commission and the commission on a properly recinded timeshare is exactly $0.  He wants to get paid and will give you some story about being able to provide a "deal" where you get some useless membership in a special club; or they may offer you several bonus weeks to use in the upcoming years (something along those lines).  He might even resort to saying that he can cut the price in half if you'd be happier with an "every other year" ownership....you won't be happy with that, what you will be happy with is an affordable timeshare that has been purchased at a price that truly reflects the market.  This isn't to say there's something wrong with an EOY timeshare, in fact that's what I own; basically you need to hold firm not cave in.  You'll be at home when he calls so you're going to be on your turf.  If you have Caller ID, maybe you just can ignore his calls.  As long as you've followed the recision instructions properly (and they don't say anything about having to take their call) you can ignore him until you-know-what freezes over.


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## m61376 (Mar 18, 2009)

hille said:


> thank you so much for your assuring words. i had sleepless nights over this deal.
> are those practices not illegal? they flat-out lied to us about the benefits of the contract.



You can relax now. Unfortunately, there is the saying: "how do you know when a timeshare salesperson is lying: when his lips are moving." Many times they tell half truths- purposefully misleading the buyer without actually lying. Less scrupulous ones actually lie.

Read here and ask lots of questions and next time you'll go into it with your eyes open so you can make an informed purchase.


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## theo (Mar 18, 2009)

*Be smart, be patient --- you're half way home...*



hille said:


> i have just checked with the post office, my letters were delivered this morning.
> should i expect any kind of response or nasty phone call?



If you get any phone calls from the sales people, hang up without comment of any kind. Any conversation in which you engage can (and likely will) just be misconstrued and/or misrepresented later. Having *not one word* to say on the phone cannot be misrepresented or misinterpreted.

If you followed the rescission instructions, using the address identified in the contract and within the time period provided by law, all will be fine in the end. Take a deep breath and be patient. Do *not* initiate or participate in *any* telephone conversation of any kind with these people.


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## Patri (Mar 19, 2009)

When we rescinded we never got a phone call and the refund on our credit card came in a timely manner. You'll be fine.


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## hille (Mar 20, 2009)

good to know. i habe been wondering and waiting for a call or an email. actually i was scared that i did something wrong and they won't tell me until it's too late.
but i checked the contract again last night, it sais to send the cancellation notice to williamsburg plantation, inc., which i did.


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## hille (Mar 20, 2009)

ahhhh, i just got a phone call from williamsburg plantation.
the lady said she got our letter and was wondering what happened because of "the strong words" i had used.
she also said we needed to call her back because "*they are not going to let me cancel this until i speak to one of you".*

now what?


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## Htoo0 (Mar 20, 2009)

I'd personally be tempted to call back and tell them conversing with them wasn't mentioned as a requirement to rescind. However, if they really need to talk with someone you'll contact them with the name of your attorney if they refuse to honor your right to rescind. Other than that, you have no interest in discussing the matter, you've decided to cancel and that's that. But that's just me, there may be better ways of handling the situation.


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## theo (Mar 20, 2009)

*Not their option...*



hille said:


> ahhhh, i just got a phone call from williamsburg plantation.
> the lady said she got our letter and was wondering what happened because of "the strong words" i had used.
> she also said we needed to call her back because "*they are not going to let me cancel this until i speak to one of you".*
> 
> now what?



They *do not have the option* to "not let you cancel" *if* you have followed the cancellation instructions and have met the time deadline to do so. That's a matter of law -- it's not some kind of "courtesy" or "kindness" extended to you by the facility out of the goodness of their lying hearts. They simply have no choice in the matter. 

I stand by my original advice. They only want to get you on the phone to make a last desperate effort to "sweeten the pot" and keep their deal from being DOA. If you insist upon calling them back, which I certainly do *not* recommend, it should be *only* to plainly and unilaterally state, seeking no comment from them in return:

"We have exercised in writing our right of contract rescission, a legal right provided by applicable statute. There is nothing further to discuss. Please expeditiously process our contract cancellation, as required by law. If we hear back from you by phone again, we will refer the matter directly to an attorney for action. Have a nice day. Goodbye."    

But that's just me; I am simply unwilling to suffer such fools gladly....


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## Karen G (Mar 20, 2009)

hille, if you put your down payment on a credit card, you should contact the credit card people and dispute the charge.


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## Karen G (Mar 20, 2009)

hille said:


> ahhhh, i just got a phone call from williamsburg plantation.
> the lady said she got our letter and was wondering what happened because of "the strong words" i had used.
> she also said we needed to call her back because "*they are not going to let me cancel this until i speak to one of you".*
> 
> now what?


I don't quite understand her comments because she was "speaking to one of you" at the time, right?


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## theo (Mar 20, 2009)

*Good advice, but...*



Karen G said:


> hille, if you put your down payment on a credit card, you should contact the credit card people and dispute the charge.



Cancelling the contract and disputing the charge are separate and unrelated paths. In short, merely disputing the charge does *not* in any way actually invalidate the contract. Since credit card disputes must also be filed in writing, a copy of the contract rescission letter should be provided to the credit card issuer when the cc dispute is filed.


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## theo (Mar 20, 2009)

*I don't think so...*



Karen G said:


> I don't quite understand her comments because she was "speaking to one of you" at the time, right?



Sounded to me (see OP post #14 above) as though the info received was on an answering machine or voice mail message, as opposed to an actual two-way conversation between two participating people.


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## Karen G (Mar 20, 2009)

theo said:


> Cancelling the contract and disputing the charge are separate and unrelated paths. In short, merely disputing the charge does *not* in any way actually invalidate the contract. Since credit card disputes must also be filed in writing, a copy of the contract rescission letter should be provided to the credit card issuer when the cc dispute is filed.


I know that disputing the charge with the credit card company doesn't invalidate the contract.  The OP stated that she has sent the rescission letter, but she never mentioned anything about a credit card payment. I just wanted to add that to her list of things to do if she had paid anything by credit card.


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## hille (Mar 20, 2009)

we did not have a conversation, the messages were left on our phones. and sure enough, my husband called me during lunch and said i needed to call williamsburg plantation so that the cancellation could be done. i told him that there was no need to cancel and that i am not calling.

the charge was on a debit card, i have allready called the bank to make sure that no other charges are posted to the account.


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## T_R_Oglodyte (Mar 20, 2009)

I would send them a short note by regular mail (no need to be more formal here) advising them that:


 You received the message on the answering maching phone call.
 They have no right to unilaterally cancel your rescission request.
 Your rescission request remains in effect and you expect that they will terminate the agreement and refund all moneys paid in accordance with terms of the sales agreement.
Strictly speaking you probably don't need to send this letter, but if it causes someone to move more quickly you get your money back sooner.  Further, it removes any argument they might attempt that you tacitly agreed to put your rescission request on hold.

You don't need to go into any other discussion about anything.  One paragraph with those three bullet points is all you need.  And be sure to explicitly mention your contract number so they can't say it wasn't clear which of their many accounts was the subject of the letter.


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## djs (Mar 20, 2009)

Waiting for you to call them back is not one of their options.  Assuming you followed the recision process correctly their only option is to cancel the contract and refund your money.  My guess is that it is probably safe to assume you did things correctly, otherwise they'd never even call and when push came to shove they'd show that you didn't do things properly.

If you do choose to call back, they will try and push you.  They'll ask why you are canceling and your only response should be "because that's my right" nothing about it being too much money because that indicates to them there may still be a way to rope you in if the terms change.

Honestly though, I wouldn't even bother returning the call, I think Steve's advice about a quick short note is best.  Right now they are in salvage mode and any verbal/in-person communication with them gives them the opportunity to push you and misinterpret your wishes.


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## hille (Mar 20, 2009)

that was my thought. at least i know that i have done everything correctly, otherwise they would have never bothered to call.
thank you for all the input, i will just ignore them and let you know when i get my money back. i believe they have 45 days to reimburse me, hopefully it won't take that long.
thanks again
hille


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## theo (Mar 21, 2009)

*Good Trog...*



T_R_Oglodyte said:


> I would send them a short note by regular mail (no need to be more formal here) advising them that:
> 
> 
> You received the message on the answering maching phone call.
> ...



Steve, for a troglodyte you sure do give consistently good advice...


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## kwilson (Mar 21, 2009)

I hope you saved the recording of their call. The next time you have contact with them tell them you will be forwarding the recording to "the common interest community board in virginia" or the state Attorney General. That should get their attention and prompt action.


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