# Rescission period questions



## milkysoju2 (Mar 6, 2011)

Hi guys,

My wife and I signed the Club Wyndham Plus on Feb 28 at Shawnee Village,
Pennsylvania. After researching the web (thanks to Tug BBS), I decided
to rescind the contract and sent the Express mail with the return
recipt requested on Mar 5.
I found out that Pennsylvania, which I signed the contract has 5 days
of rescission period whereas my 'New Jersey Resident Public Offering
Statement' says

YOU ARE ENTITLED TO THE RIGHT TO CANCEL THIS CONTRACT BY MIDNIGHT OF THE SEVENTH DAY ON WHICH YOU HAVE EXECUTED THIS CONTRACT OR AGREEMENT.

Do I have 5 days? or 7 days?
I faxed and also sent rescission letter to Contract Department in Las
Vegas on the 5th day.   Am I on the safe ground?

Never felt so stupid for signing off $15,000 deal at the spot.

Thanks in advance.


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## DeniseM (Mar 6, 2011)

You are bound by the laws of the state in which the resort is located, and it's the date of postmark - not of receipt that counts.

Did you send it return receipt requested?

Did you also dispute it with your credit card?  If not, you should do so immediately.

As far as the address, was their one in the rescission instructions?


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## milkysoju2 (Mar 6, 2011)

*Oh Boy*

The Poperty is Bently Brook Resort in MA (3 day rescission period).
I signed the contract in Pennsylvania (5 days) 
and I live in New Jersey (7 days).

I received the 'New Jersey Resident Public Offering Statement for Bently Brook Resort Hancock, Massacusetts.'  along with all the signed documents, welcoming gifts, booklets and stuff.

On the first page, It says that I have seven days to cancel this contract.
However,  on the Cancellation Section of the same booklet, It says that I have three business days to cancel the contract.  

I faxed and sent the letter with the return recipt requested on 5th day.
Am I doomed ???????


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## DeniseM (Mar 6, 2011)

I'm not an attorney, and I didn't stay at a Holiday Inn last night, but it sounds like the New Jersey laws should apply.  

Did you dispute it with your Credit Card?


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## vacationtime1 (Mar 6, 2011)

An ambiguity in a contract is generally construed against the person who drafted it.  The 3 day/7 day language in the same document is obviously inconsistent, and that inconsistency should be interpreted in your favor.  You believed what the contract said on page one -- that you had 7 days to rescind.  The seller cannot take advantage of its mistake, especially when it is so plainly in writing.

Your credit card company should take your side on this which is why you need to take DeniseM's advise and protest the charge immediately.  Make certain your credit card company has the date you mailed the rescission and the 7 day language in the contract.


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## milkysoju2 (Mar 6, 2011)

No,  Not yet.
Thanks for reminding me of doing that.
I didn't make any deposit since that sales guy told me I have an excellent credit and the deposit can be made after five months with no interests.
He refered it as 'deposit on delay' or something.  He also set up Auto monthly Payment with my debit card.
Now I am looking at my contract that I cash deposited $3887.25
What is going on in here?   Let me call my bank now.
Thanks again for your quick replies.


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## milkysoju2 (Mar 6, 2011)

*Rescission letter*

Alright I just called my bank and disputed.
As the contract stated, I sent it by the Express mail with the return receipt requested to

Contract Department
P.O.BOX 94443
Las Vegas, Nevada 89193.

I also faxed it to 702-227-3298.  I am now thinking about sending 2nd notice tomorrow morning via certified mail while I am still within that 7 day rescission period.  I just can not belive how sneaky those sales guys and the timeshare deals.
I am deeply upset these guys are out there to rip off the regular, middle class people who wants to enjoy their vacations with their family.


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## timeos2 (Mar 6, 2011)

milkysoju2 said:


> Alright I just called my bank and disputed.
> As the contract stated, I sent it by the Express mail with the return receipt requested to
> 
> Contract Department
> ...



By all means send it again. You do not want to be stuck with what amounts to a ripoff compared to the same thing on resale. If you really liked the system - it is a good one - then be sure to look at resales (you may even find it for free with payment of the transfer and current year fees).  Just be sure you got the rescind safely in place first. Wyndham does have a great system of resorts & at resale its a real value. 

BUT do all you can to rescind this purchase as it is 95% too high!  The sale weasels are the some of the worst (only Wastegate beats them in the US).  Be thankful you decided to rescind.


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## milkysoju2 (Mar 9, 2011)

*Hope this helps.*

Hi guys,
I called the finance dept. this morning and confirmed cancellation is taking places.  I was surprised they were really helpful.  He even suggested me to fax and send the letter twice just in case.   

After all this, I realized how well they designed for people to fall in.  My sales guy called me on the 2nd day after I signed the contract.  (That's after numerous attempts to reach him just to ask simple questions).
He said how he FORGOT to give me another valuable gift of 'Two week free vacation' voucher.   He said He would sent it next day so I should just wait.
When I asked him about the maintenace fees of my timeshare. He said I have enough points so I don't have to pay anything.  Of course, that voucher never made it.

Thank you for all the info. and hope my experience could help others.


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## DeniseM (Mar 9, 2011)

milkysoju2 said:


> When I asked him about the maintenace fees of my timeshare. He said I have enough points so I don't have to pay anything.



Wow!  Talk about a bald faced lie!  :rofl:


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## Passepartout (Mar 9, 2011)

Sounds like they are trying any delaying tactic to make the purchaser miss his rescission window. It's no wonder timeshare (as a business model) has such a low approval rating. These developers' sales agents have no shame.

Jim


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## ronparise (Mar 9, 2011)

milkysoju2

My experience was the same as yours. We sent a letter certified mail, but by the time they got it, the process was well underway based on an email we sent. 

The Finance dept sees these rescissions every day...their job is to get them processed and money back to us as soon as possible.  I think they know if they make the process  difficult or try to make the case that an i wasnt dotted or a t crossed, or say you were a day late to force you into a deal you dont want; that would open up Wyndham to more law suites than they want to take on.

They must know how sleezy the sales dept really is and at least part of their job in the finance dept is to keep that sleezyness  hidden


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## memeUU (Mar 16, 2011)

We just got the Wyndham retail push on Monday and want to rescind it; I found the paragraph that says 5 days to rescind, etc.  I was about to send in the rescission papers but my husband thinks we're stuck with the $5,000 Bill Me Later downpayment since it is considered a "cash payment."  Is this true?  Can I successfully dispute the Bill Me Later charge if I rescind the deal?  Please reply if you can as quickly as you can ... we have 2 days.  Husband thinks that if I rescind the deal, we'll still have to pay the $5,000 Bill Me Later downpayment and lose out on everything.  Thanks so much!!!


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## Passepartout (Mar 16, 2011)

memeUU, rescission will cancel the entire sale. Send the letter. Now. Follow the instructions in your packet exactly. Don't worry about returning any gifts unless asked. Don't accept any calls from salespeople. You will get back any downpayment. If you used a credit card, call them and challenge the charge.

Best wishes and welcome to TUG.

When you catch your breath, c'mon back and learn about timeshare resales. There are some huge bargains out there.

Jim Ricks


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## jjmanthei05 (Mar 16, 2011)

memeUU said:


> We just got the Wyndham retail push on Monday and want to rescind it; I found the paragraph that says 5 days to rescind, etc.  I was about to send in the rescission papers but my husband thinks we're stuck with the $5,000 Bill Me Later downpayment since it is considered a "cash payment."  Is this true?  Can I successfully dispute the Bill Me Later charge if I rescind the deal?  Please reply if you can as quickly as you can ... we have 2 days.  Husband thinks that if I rescind the deal, we'll still have to pay the $5,000 Bill Me Later downpayment and lose out on everything.  Thanks so much!!!



I'm taking a stab in the dark but since it says your from Wisconsin, I'm guessing you bought at Glacier Canyon. If you rescind you will get your deposit back.  We did the same thing and luckly recinded before it was too late. We currently own a little more than 500,000 points and own because of that resort since it is about 60%-70% less than booking through the wilderness. After you rescind, take some time and learn about the system and look on eBay or here on TUG for resales if it is still of interest to you. We love the system, just not at developer prices!  

Jason


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## memeUU (Mar 17, 2011)

*Thank you!*

Thanks so much! I'm so glad I found TUG BBS ... we hadn't slept for two days worrying about this.  Today we did what you advised, faxed and then sent by certified return requested mail the cancellation request to Wyndham AND to Bill Me Later.  Hope we hear back quickly that all is over and done with.  Some of the stuff they told us was pretty shady - and they took our drivers' licenses and kept them for 3.5 hours even though my husband asked for them back repeatedly.  What was THAT for??? also he told us that the mgr had to specially approve unlimited $249 8days/7 nights RCI stays, but because we were "so nice" it would probably be approved... and then we found out that's now just part of the membership.  Never mentioned anything about housekeeping points.  The number of points we almost purchased would have let us stay about 2 nights a year.  Dodged a bullet on this one, can't thank you enough!!!  We Will probably worry until the whole cancellation thing is verified.  Thanks again for your advice!


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## memeUU (Mar 17, 2011)

*Thank you!*

Thanks so much! I'm so glad I found TUG BBS ... we hadn't slept for two days worrying about this.  Today we did what you advised, faxed and then sent by certified return requested mail the cancellation request to Wyndham AND to Bill Me Later.  Hope we hear back quickly that all is over and done with.  Some of the stuff they told us was pretty shady - and they took our drivers' licenses and kept them for 3.5 hours even though my husband asked for them back repeatedly.  What was THAT for??? also he told us that the mgr had to specially approve unlimited $249 8days/7 nights RCI stays, but because we were "so nice" it would probably be approved... and then we found out that's now just part of the membership.  Never mentioned anything about housekeeping points.  The number of points we almost purchased would have let us stay about 2 nights a year.  Dodged a bullet on this one, can't thank you enough!!!  We Will probably worry until the whole cancellation thing is verified. Thanks again for your advice!  (By the way, it was Myrtle Beach, not Glacier Canyon.)


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## hstraf (May 24, 2011)

ronparise said:


> milkysoju2
> 
> My experience was the same as yours. We sent a letter certified mail, but by the time they got it, the process was well underway based on an email we sent.



Do you remember what was the email address you sent to?  Or how you found it?

I am planning to send my rescind letter in a few hours, but I would also like to email them (and call if possible), but Mr. Google doesn't seem to have any info on the contract department of wyndham.

Thanks!


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## aliron (May 24, 2011)

*address in paperwork*

The address is in your paperwork and it should be located where it tells you how to cancel the contract.


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## ronparise (May 24, 2011)

hstraf said:


> Do you remember what was the email address you sent to?  Or how you found it?
> 
> I am planning to send my rescind letter in a few hours, but I would also like to email them (and call if possible), but Mr. Google doesn't seem to have any info on the contract department of wyndham.
> 
> Thanks!



I dont. My wife was on the phone bouncing from one Wyndham office to another, and got that email address from one of the several folks she talked to. We didnt save it because we really didnt expect the email to  be a part of anything...We paid more attention to the mailing address and certified mail


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## rrlongwell (May 24, 2011)

ronparise said:


> I dont. My wife was on the phone bouncing from one Wyndham office to another, and got that email address from one of the several folks she talked to. We didnt save it because we really didnt expect the email to  be a part of anything...We paid more attention to the mailing address and certified mail



I recently attended a owner's update at Shawnee Mountain.  They were pushing Bently Brook.  They said the sales office there had been closed and the remaining sales agents from the office were now working at Shawnee Mountain.  They said they only had 1 million points left to sell at that resort.  My guess if you met the 5 day cancellation requirement, Ron is probably right that the cancellation will go OK.  If not make a timely complaint to the Consumer Affairs Department (works for the legal department) ask for Brenda George.  It is my understanding that to sell timeshares in Pennsylvania a Pennslyvania Real Estate licenance is required.  If Wyndham does not take care of the problem promptly, you may want to file complaints with the Real Estate Boards (State) in both Pennsylvania and the state the resort is located in.  Hopefully, this issue works out quickly.


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## memeUU (May 30, 2011)

*finding contact info*

The contact info isn't easily accessible (not on a website) but if you CALL them they will give you the email address and the fax number.  I did my rescission by certified mail as required but I also FAXed everything before I sent it which got the ball rolling quickly.    
I also cancelled the new Bill Me Later accounts set up by them, but we still got emails and letters for at least 2 months afterward, as if we were members.  Still getting RCI info 4 months later, too.  They must have one heckuva delay in processing.


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