# Hopefully another success story



## j1987 (Dec 9, 2014)

Hey all,

I recently attended a timeshare presentation (HGVC).  Foolish me decided to say yes and purchase it.  Immediately I was met with buyer's remorse and I frantically did some searching and discovered several of the stories here.  I am relieved to find out that I'm within my rights to rescind and I dropped a letter off that night.  I also wrote another rescission letter and sent it certified mail as my first one was in haste and just a quick drop off at the mailbox.

I'm refreshing my USPS tracking every hour just hoping for some kind of update to the tracking status, but reading all the stories here makes me feel hopeful that I am going to get my money back and I'll be happily adding my story to the running scoreboard.  A couple of quick questions to all of you to ease my paranoia:

1) I signed on the 6th, dropped the first letter off on Sunday the 7th, and the better letter via certified mail on Monday the 8th.  The estimated date of arrival is Thursday the 11th for the second letter, which is the last of my five days to initiate a rescission per Nevada (where the TS is).  This should all be fine and okay, correct?  I keep thinking of overnighting another letter just to ensure it arrives but I think that's just me being paranoid.  I included in both letters verbiage regarding "I hereby revoke my contract or agreement with [Developer]".  In the second letter, I included verbiage regarding the cancellation of my financing which was absent in the first.  Both letters include my contract number and the statement to refund my specific payment amount on my credit card and not to charge anything else to it.  I requested a written response in both.

2)  I have proof that I sent the letter via certified mail and return receipt request, does anyone have any experience with what happens if they don't receive my letter?  Like if it were to be lost in the mail or something?  I know, I'm being paranoid, but I really want to be out of this whole debacle.

3)  I contacted the selling agent and told her I would be rescinding, I believe she fed me some misleading information ("you have five business days to cancel").  I just wanted to mention this, I'm still abiding by the contract with regards to rescinding.

As I said, I hope I'm another success story to add to the leaderboard here.  I acted within my legal time period and everyone seems to think that HGVC is actually pretty good about handling rescissions, so I feel pretty good that the outcome is going to be what I want and I'm very thankful for that.  Thank you all so much for the information here and looking out for foolish individuals like myself.  I'll update the thread once I have more information and I look forward to everyone's comments.  Thanks again!


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## theo (Dec 9, 2014)

*No "hope" required --- just a bit of patience...*



j1987 said:


> <snip> ...wrote another rescission letter and sent it certified mail as my first one was in haste and just a quick drop off at the mailbox. <snip>
> 
> <snip> I contacted the selling agent and told her I would be rescinding, I believe she fed me some misleading information ("you have five business days to cancel").  <snip>



*Postmark* date is all that matters in the eyes of of the law. Your certified mail receipt (unlike the mailbox drop) provides you with documentary proof of the actual USPS postmark date --- save that USPS receipt! Date of arrival at the (...hopefully correct) addressee location matters not at all. Rescission *postmark* date is all that matters. 

5 days is exactly right for a Nevada developer-direct purchase rescission (the time frame varies among different states from as few as 3 days to as many as 15 days in Alaska,  with *most* states being 5-7 days). Resale transactions can't be rescinded at all in NV (...or in most other states, Florida being a noteworthy exception). 

Sit back, relax and let the law work for you. It's a "reversible mistake" made in a moment of weakness and now you're correcting it. Good for you and well done! 
Also, do *not* answer any (legally meaningless anyhow) incoming phone calls from the seller, looking to somehow salvage their sale (and their commission). 
HGVC (quite unlike Wyndham, Westgate and some others) is not particularly known for making any such desperate phone calls, but all it takes is one hungry and desperate sales weasel to become the exception. Don't even answer the phone if your caller i.d. indicates the seller as the caller; the law is already at work for you. 

I realize that it's stressful for you until this is fully and conclusively resolved, but try to remind yourself that rescission (cancellation) is a legal right provided to you by state law. It's not someone choosing to do you a personal favor or voluntarily performing an act of kindness out of sheer benevolence. *It's the law*!  Period, amen.

Note too that it may very well take several weeks before your deposit is refunded --- there is really no predicting in advance. In a worst case scenario, it could even take up to the legal maximum of 45 days, but HGVC is probably not going to delay and procrastinate (...as slimy Westgate most likely *would*) in issuing your refund. 

The developer is under *no* obligation to "keep you posted", "confirm in writing" or in any other way "update" you along the way. They might choose to do so, but they certainly don't have to do so. Their only obligation is to process your rescission (cancellation) and issue you a full refund of the deposit paid. No more and no less.


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## Cheryl20772 (Dec 10, 2014)

As Theo wrote, it's the postmark that's important and your certified mail receipt is your legal proof. If for some reason your letter isn't delivered or comes back undeliverable, don't open it. You could remail it in another envelope to a better address and it would still work because your first attempt is legal proof of your intent.

So, if your letter is in the mail, relax. It's just a matter of time now to clean up this mess.

Welcome to TUG! You really are fortunate to have come here now. It's obvious that you like timesharing a lot, so please stay and learn how it can best work for you. Whether you end up buying resale, retail or rent to or from other owners, TUG has every resource you need to be thrifty and wise about it.


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## j1987 (Dec 10, 2014)

Hey Theo; Cheryl;

I just wanted to say thank you so much for contributing your thoughts.  It makes me feel better about the situation knowing that since I've already sent the letter and the receipt is safely in my possession, I'm covered from a legal perspective.  I will say that there is still some anxiety, of course, but that won't go away until after I know I'm freed of this property.

I'm very thankful for the lesson I've learned here and that it doesn't come with any lasting consequences.  Next time I purchase a timeshare, I'll be more educated.  Thank you both so much!


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## TUGBrian (Dec 10, 2014)

Welcome to TUG, glad you found us in time to save thousands!!


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## j1987 (Dec 10, 2014)

Thanks Brian!  Like I said, once this is fully resolved, I'm more than happy to provide you with the total cost saved for the scoreboard.


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## LannyPC (Dec 10, 2014)

j1987 said:


> 3)  I contacted the selling agent and told her I would be rescinding, I believe she fed me some misleading information ("you have five business days to cancel").  I just wanted to mention this, I'm still abiding by the contract with regards to rescinding.



Just a word of caution.  Do not contact, or attempt to contact anyone from the resort, sales team, or timeshare company.  The people there will likely try to fast-talk you (like they did in the sales presentation) into reversing your decision to rescind.  You might also get a phone call from someone at the resort with the same intention.

The general piece of advice here is to not take any phone calls from the area where you purchased.  There is no legal need to make verbal contact with anyone.  Your letter of rescission was mailed off properly and timely.  That's all that's needed.

HGVC might not be as notorious for this as Westgate's people but, nonetheless, avoid any verbal contact with anyone TS-related (at least until you've received your full refund).


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## TUGBrian (Dec 10, 2014)

j1987 said:


> Thanks Brian!  Like I said, once this is fully resolved, I'm more than happy to provide you with the total cost saved for the scoreboard.



sounds great, just let me know and ill happily add you to the list!


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## slushy (Dec 13, 2014)

*Rescind and advise credit card company*

I was in a similar situation. If you charged your deposit on a credit card, do notify your credit card company and file a dispute indicating that you have cancelled your purchase and have the documents to support it. TUG2  community is terrific!


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## torontobuyer (Dec 13, 2014)

Cheryl20772 said:


> As Theo wrote, it's the postmark that's important and your certified mail receipt is your legal proof. If for some reason your letter isn't delivered or comes back undeliverable, don't open it. You could remail it in another envelope to a better address and it would still work because your first attempt is legal proof of your intent.:



If it came back, why would one then remail it in another envelope, in effect, mailing away even better evidence, that it was sent?

BTW, reading the title of this thread, I thought the success story would be about getting a timeshare, not getting out of one.


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## Larry M (Dec 13, 2014)

*Thread title*



torontobuyer said:


> If it came back, why would one then remail it in another envelope, in effect, mailing away even better evidence, that it was sent?



I was wondering that, but it makes sense.

At this point the seller has received no notice of recission. You have to send him something.
You still have the receipt for the certified mail.



torontobuyer said:


> BTW, reading the title of this thread, I thought the success story would be about getting a timeshare, not getting out of one.



The title was "Hopefully another success story." He's referring, of course, to a _successful recission_


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## torontobuyer (Dec 13, 2014)

Larry M said:


> The title was "Hopefully another success story." He's referring, of course, to a _successful recission_


Thanks for that. It added so much to the obvious.



Larry M said:


> I was wondering that, but it makes sense.
> 
> At this point the seller has received no notice of recission. You have to send him something.
> You still have the receipt for the certified mail.





Still doesn't make sense. Either way you had the certified mail receipt. But saying the seller has received no notice of rescission, and now you send them something that can actually prove that they didn't get it? Or maybe a slick lawyer just might try to present the second letter opened, or unopened, saying that was post marked too late.

And by that logic, what if letter two comes back? You have to put it in a third, fourth, fifth?


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## Cheryl20772 (Dec 13, 2014)

torontobuyer said:


> And by that logic, what if letter two comes back? You have to put it in a third, fourth, fifth?


There are at least three reasons I can think of why a certified letter would come back to sender.

1. Incorrect address
2. Refused or ignored by addressee
3. Not enough (or missing) postage.

There might be other reasons, but primary I'd bet would be the first one. I have never read on this forum where a letter has been returned to sender, so it would most likely be a very rare thing.  I don't know what you would do, but the first thing I'd do is get out my contract and compare what I put on the envelope with that. If it was my mistake, I'd make a new envelope with the correct address and send it again by certified mail to the correct address. The unopened envelope would be postmarked with the earlier date. If the co tract had an incorrect address in it, I'd get on the phone and find out what the correct address is and tell them about the problem and that I was resending the sealed letter. The first letter sent is legal proof of your *timely* intention. That's the one that needs to be preserved. You wouldn't be proving to them they didn't get it, but that you took action within the correct timeframe.

Stuff happens with the mail. Postage can come off and so can a return receipt card. That's why the dated receipt the clerk gives is very important. I prefer a tracking code on letters so I know when it's delivered. That at least gives an idea for when action might be expected.


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## theo (Dec 14, 2014)

*Observations...*

For what it's worth, even the slimy likes of Westgate is not known to attempt to play games with a timely submitted and properly addressed letter of rescission; they know full well that *it's the law and not a choice or option*.

Westgate may very well drag their feet to the legal max (45 days) in issuing the refund itself (as has been reported by others). They might also call to try to get the buyer to change his / her mind (don't even answer those calls), but they have (to my knowledge, anyhow) *never* been reported to actually *refuse* certified mail sent to the proper address in Ocoee, FL.


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## j1987 (Dec 16, 2014)

Hey all,

Just wanted to once again thank everyone for their comments and assurances that I've done everything correctly.  My notice was received on 12/11, I have the receipt that I requested and still have the original receipt from the post office.  I've been checking my credit card statement daily and the credit hasn't been posted yet.  I received a phone call from HGVC and they left a voicemail saying they had some questions regarding my paperwork.  I haven't called them back since most people here seem to advise against doing so.  I'll post again once the rescission has been finalized - thanks again for all your help!


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## Cheryl20772 (Dec 16, 2014)

j1987 said:


> Hey all,
> 
> Just wanted to once again thank everyone for their comments and assurances that I've done everything correctly.  My notice was received on 12/11, I have the receipt that I requested and still have the original receipt from the post office.  I've been checking my credit card statement daily and the credit hasn't been posted yet.  I received a phone call from HGVC and they left a voicemail saying they had some questions regarding my paperwork.  I haven't called them back since most people here seem to advise against doing so.  I'll post again once the rescission has been finalized - thanks again for all your help!



Well done! It's almost over. Try not to worry about this now. Keep calm and enjoy the holidays. If they should catch you on the phone, just be prepared to resist any persuasion they might try to convert you. 

Buying a timeshare is a huge decision and not to be entered into without doing a lot of homework. What other such large purchase and ongoing financial obligation would you make like this? I swear those sales people have been trained to make people abandon reason.


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## theo (Dec 17, 2014)

j1987 said:


> Hey all,
> 
> Just wanted to once again thank everyone for their comments and assurances that I've done everything correctly.  My notice was received on 12/11, I have the receipt that I requested and still have the original receipt from the post office.  I've been checking my credit card statement daily and the credit hasn't been posted yet.  I received a phone call from HGVC and they left a voicemail saying they had some questions regarding my paperwork.  I haven't called them back since most people here seem to advise against doing so.  I'll post again once the rescission has been finalized - thanks again for all your help!



Remember that it could conceivably (and legally) take up to 45 days before you actually see your refund. HGVC probably won't take that long, although others (...Westgate of course comes immediately to mind) likely would drag their feet for most of that available window. 

Congratulations and well done.  If you decide to buy a timeshare, do lots of homework and research *first*; TUG is a great resource for that --- and buy *resale only* in order to save yourself thousands of dollars.


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## j1987 (Dec 17, 2014)

Hey Theo,

You mention 45 days but all the documentation I have says 20 (at most, one might say 15).  Is there a higher law that governs 45 days that may not be outlined?

Thanks!


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## theo (Dec 17, 2014)

j1987 said:


> Hey Theo,
> 
> You mention 45 days but all the documentation I have says 20 (at most, one might say 15).  Is there a higher law that governs 45 days that may not be outlined?
> 
> Thanks!



The short version is  that applicable *Federal* laws / regulations potentially allow for as long as 45 days to issue the refund. That being said, if you have paperwork from HGVC indicating their internal objective to process refunds within 20 days, HGVC will likely honor that stated time frame, although not legally obligated to do so. 

HGVC (unlike Westgate, by comparison) has a good reputation they would like to preserve. Accordingly, HGVC will likely process your refund in a timely manner. 
There have been first hand accounts posted on TUG where Westgate, on the other hand, has dragged their feet in refunds, perilously close to the 45 days maximum.


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## j1987 (Dec 28, 2014)

Hey all - sorry for the delay, I've been busy with the holidays and such.

I'm happy to report that I am now, officially, timeshare free!  Thank you all for your assistance.  If you want to add my story to the leaderboard, I was with HGVC and it was for the amount of roughly 12k.  I'm very happy to have had everything taken care of and wouldn't have been able to do it without everyone here.  It took about six days since my signing to receive my refund and I got a letter in the mail a few days following that.

Thank you all so much!


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## Cheryl20772 (Dec 28, 2014)

Well done  Thanks for letting us know.


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## LannyPC (Dec 29, 2014)

I'm also glad things worked out for you.  Now that you know about TUG, take lots of time to read about the ups and downs, ins and outs of timeshare ownership and usage before buying (even if it's resale).

Check out floating vs. fixed, weeks vs. points, renting vs. owning, AI vs. non-AI, etc.  Compare and really evaluate what would be best for you, your family, and your genuine interests and do so without a TS salesperson shoving it down your throat.

Again, good for you on the successful rescission.


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## nzanzi (Jan 18, 2015)

*Recission Refunds -amounts refunded??*

Hello All Members
Thanks to all the people who post here we have sent out the recission paperwork for a HI timeshare -Wyndham first week of Jan. Have recieved the return receipt..no phone calls from any sales people and we wont answer if they do call. Cannot believe how I got so caught up in the moment, my wife is going to remind me for atleast the next 10 years.
Anyways,I paid for the documentation fees and the initial deposit by signing up for a rewards card Visa Wyndham at the presentation.
After reading all the other posts I am confident I will recieve refund in a few weeks . Questions is are we entitled to refund of the processing fees as well (about $250.00 for all the paperwork, deed doc fees etc, or only the initial deposit  (about $3800.00) that was made thru the new credit card.
Thank you for your help!


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## Karen G (Jan 18, 2015)

nzanzi said:


> Questions is are we entitled to refund of the processing fees as well (about $250.00 for all the paperwork, deed doc fees etc, or only the initial deposit  (about $3800.00) that was made thru the new credit card.
> Thank you for your help!


I would think you'd be entitled to a refund of all the money you paid out. When a contract is rescinded, it means the parties to the contract are returned to their original position as if the contract had never happened.  There should be no fee to record deed documents because that shouldn't be any documents to record. There is no contract between the parties when it has been rescinded.


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## nzanzi (Jan 18, 2015)

Thanks Karen.
I wish i had read articles here before getting into this mess, but am soooo greatful to have send out recission and not be tied to this ownership for LIFE!


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