# Cancellation letter "Available for pickup at USPS"



## percheazy (Apr 20, 2018)

So long story short, I bought a Wyndham timeshare and send my cancellation letter the very next day (Monday). I had sent the letter certified mail to the PO Box in Las Vegas that was on the cancellation policy of my contract. The letter is supposed to be signature and return receipt. It was supposed to be delivered yesterday at 8pm and this morning I'm seeing it saying available for pickup at the post office. 

My questions are:
Should I send another letter to the Suite this time? (There were two possible addresses to send to and I just chose the first one)
Will they even go down to the post office to sign for it?

Any other advice is welcome


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## Braindead (Apr 20, 2018)

I would print off the tracking history for 3 or 4 days to show if someone picked it up or not.
You don’t need to do anything more as long as you have proof it’s sitting there waiting on Wyndham to pickup the letter.
I think someone else posted they see what you do and the rescission went through just fine.
Wyndham can’t use negligence[not picking up the letter] on their part for not allowing your cancellation.


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## Passepartout (Apr 20, 2018)

As long as you have the proof that you mailed it within the allowable rescission period, you're covered. No need to send it again. Today's Friday. They will pick up the mail at the desk and sign for it.


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## percheazy (Apr 20, 2018)

If perchance they they don't happen to pick up the letter let's say by next Friday what would my next step be?

Also I paid for half my deposit now and the other half is scheduled to be taken out on the 15th of next month. Do you have any suggestions for that? Should I call my credit card company and tell them to not allow it?


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## dioxide45 (Apr 20, 2018)

This is one reason why I always also suggest sending the letter standard ole USPS First Class mail. It is still legally recognized and they can't really refuse to accept it. Certified mail can be refused by not signing for it. What likely happened is that the post office stuffed a little card in the PO box that said they were holding a letter that required signature. The person that runs to pickup the mail just grabbed everything from inside the box and stuffed it in a bag and left.

Sorry that I don't have any other actual advice on how to fix it. Though if you are still inside your rescission period. Make a run to the post office and have a first class letter post marked today.


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## Passepartout (Apr 20, 2018)

percheazy said:


> If perchance they they don't happen to pick up the letter let's say by next Friday what would my next step be?
> 
> Also I paid for half my deposit now and the other half is scheduled to be taken out on the 15th of next month. Do you have any suggestions for that? Should I call my credit card company and tell them to not allow it?


You are worried for naught. I think Wyndham is an honorable player and it's highly unlikely that they will refuse to pick up a Certified letter. They just won't. It will be picked up before a couple days goes past (if it hasn't been signed for already). If on the outside chance I'm wrong, I'll eat a heapin' helping of crow and say 'Who Knew that these guys are jerks, too. But I strongly doubt it. You could call your cc, but unless a charge has been received you have nothing to contest.

For now- and over the weekend- RELAX! You did what was necessary. Stop worrying!

Jim


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## percheazy (Apr 20, 2018)

Ok I'll stop worrying over it. Im sure you're right. Just hope to get it sorted out and find some better deals out there.


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## Passepartout (Apr 20, 2018)

percheazy said:


> Ok I'll stop worrying over it. Im sure you're right. Just hope to get it sorted out and find some better deals out there.


You will find plenty of good deals. There is no rush, odds are you can't get one transferred into your name and be able to book and use your own TS this year anyway. And I think the best 'deals' come up after people have used their week, and are facing the upcoming annual fees. Stick around TUG- you've only been here 2 days. You have MUCH to learn, Grasshopper. If you have some vacation time coming up, use some of that money you saved to rent a stay or two at different resorts (different systems) so you can experience some of the other ones. An informed buyer is a smarter shopper. And when you DO go shopping, remember- Just because a TS week is cheap, doesn't automatically make it a good deal.

Jim


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## percheazy (Apr 20, 2018)

Yeah I'm definitely planning on renting one from here for January or February. so far from looking at all the resorts and at the different locations they have resorts at, in leaning towards staying at a Wyndham.


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## Arimaas (Apr 21, 2018)

percheazy said:


> If perchance they they don't happen to pick up the letter let's say by next Friday what would my next step be?
> 
> Also I paid for half my deposit now and the other half is scheduled to be taken out on the 15th of next month. Do you have any suggestions for that? Should I call my credit card company and tell them to not allow it?



Legally, the  recission is valid the second it’s dropped in the mail. Doesn’t matter if Wyndham picks it up or not, or if you send it on a post card, certified, first class, priority, aerogram, etc. it’s called the mailbox rule in contract law. As long as the letter send complied with the instructions spelled out in the contract, you’re covered.


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## dioxide45 (Apr 21, 2018)

Arimaas said:


> Legally, the  recission is valid the second it’s dropped in the mail. Doesn’t matter if Wyndham picks it up or not, or if you send it on a post card, certified, first class, priority, aerogram, etc. it’s called the mailbox rule in contract law. As long as the letter send complied with the instructions spelled out in the contract, you’re covered.


Very true, but if the timeshare company claims to have never received the letter, it could require an expensive legal fight to prove you sent the letter. Then also it the process in which you sent it will be scrutinized per the contract.


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## Arimaas (Apr 21, 2018)

dioxide45 said:


> Very true, but if the timeshare company claims to have never received the letter, it could require an expensive legal fight to prove you sent the letter. Then also it the process in which you sent it will be scrutinized per the contract.



Not saying sending it certified isn’t the best route and smartest way to go to have your proof. Just saying it doesn’t matter how it’s sent, when they receive it, who picks it up, etc. once it’s dropped in the mail (as long as the contract doesn’t spell out which level of service is required), your recission is valid.


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## cgeidl (Apr 21, 2018)

Take a picture putting the letter in the envelope,a picture of the envelope with address,a picture of putting the letter in the mail,then relax. You have strong proof of mailing.If they had an Email address you could send a copy there and state you mailed the rescission in the Email.


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## taterhed (Apr 23, 2018)

If you completed the rescission letter correctly (name, contract information, all parties signed...) and mailed to correct address as specified within the rescission period.....you are done.
No expensive legal battle would be required.

If a company was dumb enough to challenge a valid rescission letter based on 'it wasn't picked up from the post office box,' they would deserve the look on the judges face, the hefty legal fees THEY would pay (yours and their own) and any other punitive fees assessed by the court for wasting the court's time.

If  it makes you feel better, fax, email or first-class a copy of the letter and the delivery receipt.  Just don't answer any replies.


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## bogey21 (Apr 23, 2018)

dioxide45 said:


> This is one reason why I always also suggest sending the letter standard ole USPS First Class mail. It is still legally recognized and they can't really refuse to accept it. Certified mail can be refused by not signing for it. What likely happened is that the post office stuffed a little card in the PO box that said they were holding a letter that required signature. The person that runs to pickup the mail just grabbed everything from inside the box and stuffed it in a bag and left.



Seems to me that the best approach is to send your rescission letter Certified Mail but not with the Green "Signature Required" card.  That way they don't have to sign for it but you can print out the tracking history on line as your proof you sent it in a timely manner and that they got it.

George


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## taterhed (Apr 23, 2018)

bogey21 said:


> Seems to me that the best approach is to send your rescission letter Certified Mail but not with the Green "Signature Required" card.  That way they don't have to sign for it but you can print out the tracking history on line as your proof you sent it in a timely manner and that they got it.
> 
> George



Yup:  Certified, return receipt requested.


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## dioxide45 (Apr 23, 2018)

bogey21 said:


> Seems to me that the best approach is to send your rescission letter Certified Mail but not with the Green "Signature Required" card.  That way they don't have to sign for it but you can print out the tracking history on line as your proof you sent it in a timely manner and that they got it.
> 
> George


I have found it isn't really that easy. I tried sending something as tracking only. The USPS required it to be sent certified in order to track it. Of course I was trying to send it on the cheap, but there didn't seem to be a viable option to send a letter with tracking not requiring a signature. It seems easier to send a package with traking only.


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## Arimaas (Apr 23, 2018)

dioxide45 said:


> I have found it isn't really that easy. I tried sending something as tracking only. The USPS required it to be sent certified in order to track it. Of course I was trying to send it on the cheap, but there didn't seem to be a viable option to send a letter with tracking not requiring a signature. It seems easier to send a package with traking only.



Probably because the base rate of the package includes tracking. I don’t think first class mail does.


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## taterhed (Apr 24, 2018)

taterhed said:


> Yup:  Certified, return receipt requested.



I need to correct/clarify my post:

I thought there was an option for certified mail without signature.  Apparently, that is incorrect. 
So, Certified mail with return receipt appears to be the correct and legally appropriate choice.


This from Pitney Bowes:

*(No)
SIGNATURE CONFIRMATION  *

Signature Confirmation services provides the mailer with information about the date and time an article was delivered and, if delivery was attempted but not successful, the date and time of the delivery attempt. A delivery record, including the recipient’s signature, is maintained by the USPS and is available electronically or by email, upon request. No acceptance record is kept at the office of mailing. Signature Confirmation service is available only at the time of mailing. Signature Confirmation service does not include insurance, but insurance may be purchased as an additional service (see 12.2.6). *Some statutes and regulations governing the mailing of documents with legal significance may require the use of Certified Mail or Registered Mail rather than Signature Confirmation.*

*Eligibility*

Signature Confirmation is available for First-Class Mail parcels and First-Class Package Service parcels (electronic option only); all Priority Mail pieces; Standard Post, Package Services, and Parcel Select parcels under 401.1.0. For the purposes of using Signature Confirmation with Standard Post, Package Services or Parcel Select parcels, additional requirements must be met.

*(No)*
*USPS TRACKING (formerly DELIVERY CONFIRMATION)*

USPS Tracking/Delivery Confirmation service provides the mailer with information about the date and time an article was delivered and, if delivery was attempted but not successful, the date and time of the delivery attempt. USPS Tracking/Delivery Confirmation service is available only at the time of mailing. No record is kept at the office of mailing. USPS Tracking/Delivery Confirmation service does not include insurance, but insurance may be purchased as an additional service (see 11.2.6). *Some statutes and regulations governing the mailing of documents with legal significance may require the use of Certified Mail or Registered Mail rather than USPS Tracking/Delivery Confirmation.* For mailings to APO/FPO/DPO destination addresses, USPS Tracking/Delivery Confirmation service may not always provide the mailer with online information regarding the date and time of an event scan.

So, looks like it's this:
*(Yes)* 
*Certified Mail®*
Prove you sent it. See when it was delivered or that a delivery attempt was made, and get the signature of the person who accepts the mailing when combined with Return Receipt.

Sample of services available below:


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## Arimaas (Apr 24, 2018)

taterhed said:


> I need to correct/clarify my post:
> 
> I thought there was an option for certified mail without signature.  Apparently, that is incorrect.
> So, Certified mail with return receipt appears to be the correct and legally appropriate choice.
> ...



Right. It depends what is specificed in the contract. It may say the letter must be sent certified. This is what the Bolded and underlined means. If the contract doesn’t specify the second the letter is dropped in the mail, by any means with a correct address and postage , it is legally valid (its called the mailbox rule in contract law). 

We are spending a lot of time on this topic!


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## ecwinch (Apr 25, 2018)

I’ll second the advice here. The mailbox rule is governing law, so as long as you have proof you dropped it in the mail by the recession deadline you are good. 

And certified mail is the best option that provides that proof. That they might fail to pick it up is immaterial, as that is not your obligation.


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## taterhed (Apr 25, 2018)

....and _certified_ will meet most, if not all, legal and contractual requirements you might run into.
Just sayin.  $3.45 (or the going price) isn't much money to save ten twenty or thirty THOUSAND dollars $$$$$.

A first class letter might be .50 cents, (fitty-cents), but having a crisp, green, certified return receipt in your mail box is priceless.

IMHO, YMMV, not valid in all 50 states, read the fine print in your contract, ASAP, yadda yadda yadda.


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## Braindead (Apr 25, 2018)

I can’t say if Wyndham is the same everywhere but my last contract states certified mail with return receipt requested


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## Passepartout (Apr 25, 2018)

I kinda wonder if the OP ever found that his letter had been picked up, or if, after it goes to the P.O. Box no further tracking is done.


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## b2bailey (Apr 26, 2018)

Yes, I revisited this post to see if there was a 'happy ending' -- kept trying, but would not let me write "O" "P" as it should be written. Is this TUG site doing it, or my Kindle woke with a mind of its own?


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## Passepartout (Apr 26, 2018)

b2bailey said:


> Yes, I revisited this post to see if there was a 'happy ending' -- kept trying, but would not let me write "O" "P" as it should be written. Is this TUG site doing it, or my Kindle woke with a mind of its own?


Occasionally my Kindle will act in unusual ways, so I do a 'hard restart'. Just hold the power button down until it shuts down entirely.(don't just wait until the 'do you want to shut down your Kindle? comes on) Then restart it. You'll find it behaves itself afterwards. 

Jim


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## ecwinch (Apr 26, 2018)

If it was the "free" Kindle they give out with a Wyndham purchase, I would go with the "mind of its own" theory....


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