# Rescind Letter



## BamaBlue

Hi all,
I am new to the Tug website and have spent some time reading in your forums and I wish I had found this site earlier. I own 500K Wyndam Club Access points and a grandfathered Gold member. I just had a few days vacation in Tennessee and to make a long story short, ended up purchasing 128000 more points. You would think someone like me that has been with them for over 10 years wouldnt do that. Anyway, I am in the process of writing the rescind letter to cancel the new contract and go back to my original contract. I am not sure what all I need to put in the rescind letter. 
I am looking at the paperwork now and I see the normal purchaser cancellation: 
you may cancel a contract to purchase a timeshare interest within fifteen (15) days from the date of the contract. If you elect to cancel, you may do so by hand delivering notice to the seller at 10750 west charleston blvd., suite 130, las vegas, nevada 89135-1026, within the designated period, or by mailing notice to the seller ( or his agent for service of process ) by prepaid united states mail at attn: Account Controls and Administration, P.O. Box 94443, Las Vegas, Nevada 89193, postmarked anytime within the designated period.
I didnt have to do a CC transaction. They were taking my existing contract as downpayment on the new contract. There is a transaction for Bill Me Later. 
I am happy with my timeshare ( although after reading posts on here, i do think i could have saved thousands of dollars by buying resale ) and have got lots of use from it over the years but just dont see any reason I should be adding these new points. 
So, my question is , what all do I need to include in the rescind letter?
I look forward to learning more and trying to contribute to this forum in the future.


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## DeniseM

I wrote this for a different system, but the basics apply to everyone.  There is a sample rescinding letter - http://www.tugbbs.com/forums/showthread.php?t=74493


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## 55plus

Say in your letter that you have come to your senses and wish to cancel the purchase, or something along that line. Include the contract number, etc., in your letter. Mail it return receipt so you can track it and have proof it was received on their end and by who received it. 

Where in Tennessee? We were just at Wyndham Nashville for the first time. It's a great resort and in a great location - decorated to the max for Christmas. It's close to a lot of things and activities. Easy access from the interstate, etc. We're going to go back there because it's such a great place and we had so much fun.

Johnny Cash's sister, JoAnn Cash, sang in the activity center at the resort. It was free entertainment provided by the resort.


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## massvacationer

BamaBlue said:


> Hi all,
> I am new to the Tug website and have spent some time reading in your forums and I wish I had found this site earlier. I own 500K Wyndam Club Access points and a grandfathered Gold member. I just had a few days vacation in Tennessee and to make a long story short, ended up purchasing 128000 more points. You would think someone like me that has been with them for over 10 years wouldnt do that. Anyway, I am in the process of writing the rescind letter to cancel the new contract and go back to my original contract. I am not sure what all I need to put in the rescind letter.
> I am looking at the paperwork now and I see the normal purchaser cancellation:
> you may cancel a contract to purchase a timeshare interest within fifteen (15) days from the date of the contract. If you elect to cancel, you may do so by hand delivering notice to the seller at 10750 west charleston blvd., suite 130, las vegas, nevada 89135-1026, within the designated period, or by mailing notice to the seller ( or his agent for service of process ) by prepaid united states mail at attn: Account Controls and Administration, P.O. Box 94443, Las Vegas, Nevada 89193, postmarked anytime within the designated period.
> I didnt have to do a CC transaction. They were taking my existing contract as downpayment on the new contract. There is a transaction for Bill Me Later.
> I am happy with my timeshare ( although after reading posts on here, i do think i could have saved thousands of dollars by buying resale ) and have got lots of use from it over the years but just dont see any reason I should be adding these new points.
> So, my question is , what all do I need to include in the rescind letter?
> I look forward to learning more and trying to contribute to this forum in the future.




I agree that you should rescind....you already have a good amount of points plus are VIP gold......no reason for most people to buy more retail


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## BamaBlue

Thanks Denise, Jim, and all... I love this forum. You guys are great...
Jim, We were at Wyndham Smokie Mountains. It was really nice for Christmas also.. I also have been to the Wyndham in Nashville and loved it there. We were there around Christmas last year and saw all the lights at Opryland hotel just right up the street.


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## BamaBlue

Should I say anything about the Bill me later transaction or will that be cancelled by the rescind letter notice.


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## timeos2

BamaBlue said:


> Should I say anything about the Bill me later transaction or will that be cancelled by the rescind letter notice.



No, just state that you are rescinding & that kills the contract and any charges you previously agreed to. So glad you wised up in time!  You sure don't need anymore Wyndham Points and retail is the most ineffective way to buy even if you did.


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## MFT

I'll post the rescind letter we used.  Worked like a charm.  You don't have to state any reason why you are deciding to rescind.  It's your right, and you have chosen.


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## MFT

Below is the template of what we used for our rescind letter. We paid our attorney to review it, and he felt it hit on the points required of the contract, as well as the little extra "meat" of stating the State statute.



Name
Street
City, State, Zip
Phone
Email


Revocation Letter: Wyndham Vacation Resorts, Inc., 
Contract Number: *************
Dated: ***********

I hereby rescind my contract or agreement for sale of RESORT NAME with Wyndham Vacation Resorts to purchase timeshare Contract Number ********** - *00000 Points, Deeded at Wyndham Vacation Resorts, Inc./RESORT NAME We are exercising our legal right to cancel this contract. We expect a full refund of our deposit of $**,***.**, in the credit card sale of WVR Down Payment, Order ID *******, Contract Number ************, Mastercard ending in **** **/2012. We also expect full refund of our deposit of $****,** in the "Bill Me Later" program, WVR Down Payment order ID *******, Contract Number ***************, Payment account number ending ****. Do not make any charges to my credit card.

A Notarized copy of this Revocation Letter has been sent to the following address pursuant to Revocation requirements and according to Tennessee Statutes which states: 
Purchase Cancellation
“You may cancel a contract to purchase a time-share interval within Number (XX)* Days from the date of Contract, where you have made an on-site inspection of the Time-Share Project before signing the contract, AND, if you have not made such an inspection, within fifteen (15) days from the date of the contract. If you elect to cancel, you may do so by hand delivering notice to the seller at 10750 West Charleston Blvd., Suite 130, Las Vegas, Nevada 89135-1026 within the designated period, or by mailing notice to the seller (or his agent for service of process) by prepaid United States Mail, Attention: Account Controls and Administration at PO Box 94443, Las Vegas, Neveda 89193, Postmarked anytime within the designated period".

Per instructions from SALESMAN NAME Customer Service Representative/RESORT NAME, we are also sending the original document package and the owner starter kit in tote bag with the Revocation Letter.

CC of letter will be sent certified mail to the following:
Owner Relations 
Wyndham Vacation Resorts
8427 SouthPark Circle, Suite 500
Orlando, FL 32819

Wyndham Vacation Resorts - Financial Services
P.O. Box 98940
Las Vegas, NV 89193-8940

Sales Office: c/o SALESMAN NAME
Wyndham Vacation Resorts RESORT NAME
STREET
CITY, ST, ZIP


Please note we maintain our rights under Tennessee Code Annotated 52-13-312, that we may file a complaint with the Tennessee Real Estate Commission located at 500 James Robertson Pkwy, Nashville, TN 37243-1151 if our specific instructions above are not completed in a timely manner.

Thank you for your cooperation and assistance with this matter.

Regards, 
____________________________________
Your Name

____________________________________
Spouces Name




____________________________________
Witness


____________________________________


Date: *** **, ****


* Spell out number (Ex: TEN), and then put in the numeric number: Ten (10 Days).


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## BamaBlue

Thanks for the help......


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## BamaBlue

Rescind Letter in the Mail !!!!!!!!!!!!
Thanks for the help everyone...
How long does it usually take on average to get the contract cancelled
after they receive it?


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## 55plus

BamaBlue said:


> Rescind Letter in the Mail !!!!!!!!!!!!
> Thanks for the help everyone...
> How long does it usually take on average to get the contract cancelled
> after they receive it?



I assume Wyndham set you up with a Wyndham Rewards credit card and made it part of your maintenance fee auto pay. Check on it because it may take awhile for it to kick in and you'll be stuck with a late payment fee. Or Wyndham may have cancel the card since you rescinded and not restore your auto pay back to your original payment setup and you'll be stuck with a late fee.


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## BamaBlue

I was thinking about that also. My normal payment was on auto pay around the 13th I think.. I will check and see when the payment paid last month and will call Wyndham finance dept. and tell them what is happening and make that payment. Thanks for reminding me....


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## MFT

Don't worry, as we fell for the same thing a few years back, and all the credits hit prior to the due dates, etc...  If it is getting tight to you CC due date, call them and request they credit the amount immediately.  

Remind them:  Please note we maintain our rights under Tennessee Code Annotated 52-13-312, that we may file a complaint with the Tennessee Real Estate Commission located at 500 James Robertson Pkwy, Nashville, TN 37243-1151 if our specific instructions above are not completed in a timely manner.

By showing them you know the law, it may speed up the process.  Yes, they consider us "cattle", and figure they can do what they want as there will be no recourse.  

The other side of the coin, is worst case, you end up with an interest payment, which is a small amount compared to having to pay for the TS!  And you can always call the CC company and dispute it, as you can tell them you cancelled the transaction, and the vendor took a substantial amount of time to credit your account.  They will then put it back on Wyndham.


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## BamaBlue

Just wanted to follow up. I got my letter in the mail yesterday saying that my contract has been rescinded. I called the finance dept. this morning and they confirmed. Checked my bill me later account and it was corrected also... Thanks everyone for the help and advice...


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## vckempson

Wow, y'all sure cover your bases, don't you.  A simple

_"Please rescind contract number XXXXX effective immediately."

Regards,

Joe Buyer_

That's all that's needed to be legal.


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## forever20ne

BamaBlue said:


> Just wanted to follow up. I got my letter in the mail yesterday saying that my contract has been rescinded. I called the finance dept. this morning and they confirmed. Checked my bill me later account and it was corrected also... Thanks everyone for the help and advice...



Just wondering if you ever got anything back or had to follow up? We have a five-day window to cancel (we signed on Sunday) and have tried to cancel the contract in person the very next day. They kept giving us the run around and misguided and incorrect information. Everytime I asked for something in writing and something to show proof of this and that they could not give us a straight answer. I want our old timeshare back. And our sales rep kept saying if we cancel we're locked in and can't pay it off and we'll continue to pay higher interest rate and blah blah. But when I asked the very last guy (contract person) he said we can pay it off in full at any time of the loan... So I'm confused about everything. I even said on multiple occasions that we were buying a house and i said it more than 10 times. I guess it was hard to decline when they tell u you were approved with another bank for 4% and they will take care of the transfer process... so at the end of signing when i asked for that in writing, they couldn't give me everything i wanted. So, hence the "buyer's remorse" and anxiety and the panic of being stuck with a contract that was $400 more than we were paying and $50 more in maintenance fees. We bought in Myrtle Beach, SC.... PLEASE HELP!


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## simpsontruckdriver

Vckempson said it best: look in all your paperwork to find your Recission instructions. Just write what he said. Make sure it is postmarked within 5 CALENDAR days of signing. Do NOT do it in person, they want your money, not your cancellation. They'll drag their feet, so by the time your Recission Period is over, you're stuck with the contract/mortgage, and you can't get rid of it until it's paid off.

TS


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## Rent_Share

*http://www.scstatehouse.gov/sess116_2005-2006/bills/1243.htm*



> (H) purchasers of interests in a vacation time sharing plan have an unqualified five-day pre-closing right of rescission;
> 
> (I) each developer of a vacation time sharing plan must place all purchaser funds in escrow, or otherwise secure such funds, prior to the expiration of the five-day rescission period and before the timeshare closing can occur;
> 
> You have five days to cancel this contract. The details of your cancellation rights are provided for in your purchase contract.


 
Simple document stating you are rescinding

Send it Certified Mail

Get Proof of Mailing from the post office (no rescission statutes for any state include proof of receipt as a condition of rescission) Just like they wouldn't take back your rescission, it would be very easy to refuse all certified mail.

There may be other language in the contract that allows them to charge for any program materials not returned, so send it all back (Westgate has been alleged to deduct the cost of breakfast from the refund on a rescission.

Don't call, use your caller ID don't answer, be patient and you will get your refund


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## forever20ne

*Did they reinstate your previous contract?*

I am wondering after cancellation do they reinstate your previous contract? I was told my old one was wiped off clean and transferred to this new one. I have worked with collateral loans before and don't believe this is true. Your input is greatly appreciated!


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## cduran992

Hello, 

i recently attended a presentation at Worldmark, by Wyndam in Las Vegas. on 10/11 We signed and ate up what the salesman was selling. We later started thinking about it. & we decided it was not for us. (after signing our lives away) and felt a little sick that they NEVER mentioned they were going to run our credit to make sure we qualified for financing, NEVER told us that if we did qualify for financing they would open up a new credit card. They called it a "Rewards Card" in actuality its a credit card, with a hard credit check. That did't sit right with me the more i started thinking about. so on the 4 hour drive to vegas, i did my research and came across this website with a lot of helpful information on how to Rescind the contract. I looked over the paperwork they gave me, and no where does it state the cancellation period/mutual separation agreement, i checked and looked everywhere, it just states arbitration. I sent a total of 4, yes 4 letters stating i want to rescind, i sent them to a few different addresses. i sent 2 to: 10750 W. Charleston Blvd,  1 letter to po box 93843 las vegas nv, and another to: 8601 S. Las Vegas. I sent them on the 15th with certified mail and the last one on the 16th. all within the 5 day time period, i also included the sales employee number, a copy of the nevada state law that allows 5days with certified mail to be cancelled. The last two addresses i sent the last two letters was the address located in front of the handbook pamphlet they gave us. The only address, so my anxiety had me send two more after i sent the initial 2. LOL

I want to make sure it gets to the right people. Even thought i sent it on the 15th, and it wont be delivered until today or tomorrow will they still honor my letter?, even thought its postmarked the 15th?/16.

also do i cancel the credit card they signed me up for? or are they going to do it all together since it was done all in one?


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## easyrider

cduran992 said:


> Hello,
> 
> 
> I want to make sure it gets to the right people. Even thought i sent it on the 15th, and it wont be delivered until today or tomorrow will they still honor my letter?, even thought its postmarked the 15th?/16.
> 
> also do i cancel the credit card they signed me up for? or are they going to do it all together since it was done all in one?




I think you had 5 days to cancel the contract and they have 20 days to respond. It should be fine.

Bill

[QUOTE
*2013 Nevada Revised Statutes
Chapter 119A - Time Shares
NRS 119A.410 - Right to cancel contract of sale.*

Universal Citation: NV Rev Stat § 119A.410 (2013)


1. The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.

2. The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.

3. The notice of cancellation may be delivered personally to the developer, sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service, to the business address of the developer.

4. The developer shall, within 20 days after receipt of the notice of cancellation, return all payments made by the purchaser.
][/QUOTE]


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## Passepartout

cduran992 said:


> <snipped> i sent 2 to: 10750 W. Charleston Blvd,  1 letter to po box 93843 las vegas nv, and another to: 8601 S. Las Vegas. I sent them on the 15th with certified mail and the last one on the 16th. all within the 5 day time period, i also included the sales employee number, a copy of the nevada state law that allows 5days with certified mail to be cancelled. The last two addresses i sent the last two letters was the address located in front of the handbook pamphlet they gave us. The only address, so my anxiety had me send two more after i sent the initial 2. LOL
> 
> I want to make sure it gets to the right people. Even thought i sent it on the 15th, and it wont be delivered until today or tomorrow will they still honor my letter?, even thought its postmarked the 15th?/16.
> 
> also do i cancel the credit card they signed me up for? or are they going to do it all together since it was done all in one?


1) you did fine. Sleep well. The date they go by is the postmark- not when the letter is delivered.
2) the credit card is a separate issue. I am guessing the down payment was put on the new card? If so, wait until the refund is safely deposited back to that account, remove that amount to somewhere else, THEN cancel the new CC. Don't cancel it first, or assume that Wyndham will.
3) We know it's stressful, but it may take up to 45 days before your account is credited- depending on whenn it hits your billing cycle. AND they are under no obligation to inform you of the progress of the rescission. Just know that they ARE under state law to process it and that you are free of their clutches.

Good Luck, and Welcome to TUG!

Jim


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## HitchHiker71

For future reference, there's a sticky thread right in the Wyndham forum here for this topic, that includes a template for Wyndham rescissions:

https://www.tugbbs.com/forums/index...-my-recent-wyndham-timeshare-purchase.292041/


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## Grammarhero

cduran992 said:


> Hello,
> 
> i recently attended a presentation at Worldmark, by Wyndam in Las Vegas. on 10/11 We signed and ate up what the salesman was selling. We later started thinking about it. & we decided it was not for us. (after signing our lives away) and felt a little sick that they NEVER mentioned they were going to run our credit to make sure we qualified for financing, NEVER told us that if we did qualify for financing they would open up a new credit card. They called it a "Rewards Card" in actuality its a credit card, with a hard credit check. That did't sit right with me the more i started thinking about. so on the 4 hour drive to vegas, i did my research and came across this website with a lot of helpful information on how to Rescind the contract. I looked over the paperwork they gave me, and no where does it state the cancellation period/mutual separation agreement, i checked and looked everywhere, it just states arbitration. I sent a total of 4, yes 4 letters stating i want to rescind, i sent them to a few different addresses. i sent 2 to: 10750 W. Charleston Blvd,  1 letter to po box 93843 las vegas nv, and another to: 8601 S. Las Vegas. I sent them on the 15th with certified mail and the last one on the 16th. all within the 5 day time period, i also included the sales employee number, a copy of the nevada state law that allows 5days with certified mail to be cancelled. The last two addresses i sent the last two letters was the address located in front of the handbook pamphlet they gave us. The only address, so my anxiety had me send two more after i sent the initial 2. LOL
> 
> I want to make sure it gets to the right people. Even thought i sent it on the 15th, and it wont be delivered until today or tomorrow will they still honor my letter?, even thought its postmarked the 15th?/16.
> 
> also do i cancel the credit card they signed me up for? or are they going to do it all together since it was done all in one?



Congrats on rescinding. How much would you save with rescission?  It’s the post mark date that matters, not delivery date.


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## cduran992

20K for 7,000 Credits.


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## cbyrne1174

You always want to own an exact multiple of 10,000 if you want to own Worldmark because you get 1 housekeeping credit and 1 weekend only bonus time reservation per 10,000 credits. 10,000 costs about $2,000 on the resale market and is almost the exact same thing as a retail purchase.


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## Richelle

They are supposed to supply you with the page that tells you about your right to rescind. However, it is not uncommon for them to “forget” to include it with your other documents. Chances are, you signed that page, but they left it out of the paperwork they gave you. Unfortunately, if you did sign it, you have no proof they didn’t give it to you, unless they gave you your paperwork in digital form. Then you have something to show them. If it’s in paper form, they could claim you destroyed it and are lying. Either way, it does not matter. You mailed it in within the timeframe. You are good. Just don’t answer any calls from unknown numbers. The sales people like to call and try to talk you out of rescinding. 


Sent from my iPhone using Tapatalk


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