# Need help rescinding Welk contract



## Orange17

My husband and I took a tour on Saturday (11/20/10) of the Welk resort in Escondido and unfortunately ended up signing a contract for an EOY 1br/120,000 points. We have thought about it and have changed our minds. We would now like to rescind. If anyone has experience dealing with Welk, I would really appreciate any and all the help you can give (addresses, forms used, etc.) Please help! Thank you!


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## Passepartout

Welcome to TUG. Glad you found us in time. Rescinding will save you thousands. The instructions for rescinding will be found in the material you got from them. Probably very fine print. I have no personal info on Welk, or any other, but from some years of reading others' instructions, here's what I've picked up. Follow the instructions EXACTLY. If they say certified mail, do it. If they say Fed-Ex, do it that way. 

It probably won't do any good and will just add you your aggravation to contact the salesman. You can bet s/he will contact you with a huge bargain before this is done. Don't believe it. 

Rescind, then if you are still interested in a timeshare, come on back and poke around TUG. There are some huge bargains now- at 0% to 20% of developer prices. It's safe to say the vast majority of us love luxury vacations at Motel 6 prices.

Best wishes....

Jim Ricks


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## DeniseM

Here is some info. about rescinding, it was written for a different company, but besides that, everything applies to you.


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## Orange17

Thank you! I'm going to do it all today & hopefully mail it out with the last pick up. One other question, any idea on the success rate of rescinding Welk contracts?


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## DeniseM

As long as you follow the directions exactly, within the legal timeframe, you should be able to rescind - it's your legal right.  See the post above for more info.


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## Orange17

DeniseM, any thoughts on rescinding in person? I live about 45 minutes away from the resort & if doing it in person will help process the info faster, I'd gladly drive up there today. Is it possible to rescind in person?


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## DeniseM

Actually - rescinding in person is a bad idea.  You will be put under tremendous pressure not rescind and it will be a very uncomfortable situation.  I would definitely do it by mail and keep it impersonal.


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## fishingguy

The address that you send the rescinion to could be different than the resort or sales staff you dealt with.  So, *exactly* following the instructions  in your packet is very important!


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## theo

*One thought...*



Orange17 said:


> I'm going to do it all today & hopefully mail it out with the last pick up.



Assuming that your rescission instructions specifically identify U.S. mail as the vehicle for delivery of your cancellation, go to the Post Office and use certified mail. Using certified mail will produce a date stamped receipt of your mailing, unlike just dropping a package it into a mailbox and "hoping for the best".

Whether or not the recipient signs a return receipt is basically irrelevant --- you're merely providing yourself with some retrievable *documentary proof *of having met applicable recission deadlines, just in case the recipient later tries to falsely claim that you failed to do so.


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## T_R_Oglodyte

Orange17 said:


> DeniseM, any thoughts on rescinding in person? I live about 45 minutes away from the resort & if doing it in person will help process the info faster, I'd gladly drive up there today. Is it possible to rescind in person?



As long as you follow the directions provided and get everything done within the rescission deadline you will have no problem rescinding.  If you were to rescind in person by the end of the day you will have wasted about three hours, burned up about six or seven gallons of gas, and added unnecessary wear and tear on your car. 

The only reason to rescind in person would be if it were necessary to have the documents delivered (not shipped or mailed) by a specific day and that was the only way to get them there on time.  Then, as pointed out, there is the matter that the address for notifying of rescission is not necessarily the same as the sales office location.  Some operations deliberately make those different addresses, as they don't want people who might be dissatisfied with their purchase hanging around the sales office.

++++++

The rescission terms will also likely require that you return all membership materials provided to you.  That could be a pretty hefty chunk of materials, which could be expensive to ship on an overnight or two-day delivery.

So read the terms of the rescission carefully.  You will likely find that the only document that actually has to be returned by a specific date/time is the rescission notice itself; the terms might simply say that the other materials must also be returned.  In that case, you don't need to pay premium shipping charges for that big bulk of material. 

But you should clearly state in the transmittal that the other materials have been sent separately, and say what that method is, including a tracking number or post office receipt.  That way it is crystal clear that you have complied with all of the terms of rescission.


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## Orange17

Thank you all very much for your advice! I will follow the instructions for rescission and will post an update when I get a response. Wish me luck!


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## funtime

If you are successful in rescinding, please do not give up on timesharing.  You picked an excellent resort.  Just check for sales on ebay rather than retail and also read a lot on this site.  Funtime


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## suser

*Cancellation*

Were you able to cancel your contract? I got suckered in just today. I'm already having second thoughts!


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## DeniseM

suser said:


> Were you able to cancel your contract? I got suckered in just today. I'm already having second thoughts!



Rescinding isn't difficult and it's your legal RIGHT.  Please find the instructions in your purchase papers and follow them exactly.  I recommend that you DO NOT call the company and ask for help/advice - they will help you by stalling until it's too late to cancel.  Rescind by mail and keep copies of everything.

Then you can take your time, do your homework, and purchase on the resale market for pennies on the dollar - with no pressure...

You want to rescind immediately - you only have a certain number of days.


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## suser

*Cancellation confirmation*

I have written my notice of cancellation and will be mailing it certified first thing tomorrow.  How will I know that the contract has been cancelled? Should I ask for a confirmation?


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## DeniseM

suser said:


> I have written my notice of cancellation and will be mailing it certified first thing tomorrow.  How will I know that the contract has been cancelled? Should I ask for a confirmation?



They will contact you.


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## timeos2

*Timeshare can be great, but not at retail prices*



suser said:


> I have written my notice of cancellation and will be mailing it certified first thing tomorrow.  How will I know that the contract has been cancelled? Should I ask for a confirmation?



You should hear from them within a week or so. Should they ask you to "reconsider" or otherwise temp you with a "deal" just say no. You have the right to rescind and now that you are better informed you know that the value in timeshare, Welk or any other you may decide to get, is by purchasing resale. That may be as low as free for the cost of closing or at least 80-90% below the exact same week(s) from retail. 

Congratulations on find help before your right to get out of a bad decision ran out.


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## suser

*Notice of cancellation received*

They finally called and acknowledged that they received my cancellation notice. I called back but no answer and theyll be closed tomorrow and Thursday. They said that they have a couple of questions to ask. 

Thank you so much to this forum! I really thought it was hard to back out of this contract.

Thanks u guys!


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## djs

suser said:


> They finally called and acknowledged that they received my cancellation notice. I called back but no answer and theyll be closed tomorrow and Thursday. They said that they have a couple of questions to ask.
> 
> Thank you so much to this forum! I really thought it was hard to back out of this contract.
> 
> Thanks u guys!



The only question(s) they need to ask you are geared towards convincing you to keep the timeshare.  If you did everything correctly, they don't need you to answer any further questions.


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## DeniseM

You don't have to call back, but if you do, expect them to:

Sweeten the pot with a "better" offer.
Tell you a sob story about the sales person losing the commission.
Question your ethics for rescinding.
Put a lot of pressure on you to reconsider.

Don't get embroiled in a long discussion - get ready to say "No Thank You," very firmly, and several times.


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## theo

*My $0.02 worth...*



DeniseM said:


> You don't have to call back...



Denise makes several good points above. I would simply add that any post-rescission verbal conversation is (in addition to being entirely unnecessary and unproductive) can also potentially be conveniently "misinterprested" by the desperate folks about to lose their sale as your "expressing reconsideration".

My advice is to "say it only in writing" ---- and then say not another word. 
Your timely submission of the written and signed exercise of your legal rights, as provided by pertinent state law, is *all* that is required or appropriate. There aren't any further "questions" to be asked or answered. 

Close that door and lock it shut.


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## arc918

djs said:


> The only question(s) they need to ask you are geared towards convincing you to keep the timeshare.  If you did everything correctly, they don't need you to answer any further questions.



Agreed big time! 

I'd be inclined to confirm that the contract was indeed canceled correctly and then hang up on them.


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## edze

*Welk Rescission*

Hi group, just wanted to post a similar experience as well. After jumping the gun on a purchase last Sunday, me and my wife realized that the costs outweighed the benefits, especially after reading the forums. I respect that it is the salesperson's job to generate revenue in order to support him\herself, but not at the expense of a family or couple who do not know what exactly they are getting into.
 Anyways, after reading these forums, then reading the public notice buried in the booklet of paperwork, consulting the Federal Trade Commission Website, the State of California, and a couple of my real estate attorney friends, you are entitled to rescind and cancel the time share purchase with no obligation or penalty AND full entitlement to a refund towards all monies put towards the deposit of the time share program.
  In my Welk packet, it says you can fax or send mail to the specific address indicated in the documentation by the resort. Just to be absolutely certain, I compared and confirmed the mailing address information found in the rescission rights form that has to be, by law, affixed to the front of the public record that they have to give you. I faxed and sent them, via certified mail, our right to cancel within the rescission period.
  I haven't received a call from them yet but I am sure it will soon come, as I have heard with other individuals. Once the chaos is over I plan to do a write up of my experience and include any pertinent information to help others who may one day find themselves in a similar situation. Thanks and I'm glad I found this board!


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## poohlein

*pls help rescinding for welk resort*

Im having a panic attack if I did my rescinding letter the right way.  I sent already but second guessing myself. 
One paper explained to do cancel by written request and send to welk resort group attn preview center. The other paper is part of the public notice I believe saying to send to welk resort group, INC. And no attn to.  But seems like im supposedly have to fill out that specific form. (Its the first page of public notice) I dont know if im over thinking it. 
I also want to ask if I need to rescind with interval international or does it atomatically cancels if I rescind from welk resort?  
I just want to do it right. And get out of this nightmare. Thank u


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## vacationhopeful

What is the cost of 2 or 3 or 4 sets of Certified Mailing plus regular mail copies to EACH and EVERY address you FIND in the packet? About $7.00? So is 4 sets of mailings ($28) cheaper than the dollars spent on this developer purchase? *NO?*

Mail IT EVERYWHERES! One or more will be correct!

Jus don't go to the sales office to talk or give them a copy or to ASK them where to mail it.... THEIR ONLY GOAL is to save their commission check!

*DO IT TODAY - even if you have to take a cab to the US POST OFFICE*.

Remember, the legal standard in the USA is *"Regular Mail copy and a Certified Mail with Return Receipt copy"*. And keep a copy for YOURSELF with the Green & White post office receipt (stamped with date & their seal). You should get back in the mail, the GREEN POST CARD after they get your certified mail copy...

*Remember, there is NO SECOND CHANCES - Do it today - tomorrow you could get hit by a train*.


PS Most post offices have coin copy machines and will sell you envelopes. You can hand write out the rescind letter on any blank piece of paper --- even the back of a junk page of the contract. Photo copy it, sign each copy and MAIL away. And you can google USPS locations on your smart phone or via a computer with driving directions.


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## poohlein

*how long till you get a respond*

I sent my rescind letter overnite Aug 11 but since the post office had a cut off time for overnite they didn't received my rescind letter till Aug 13. I haven't heard anything from them and was wondering how long till they respond to my letter. I did ask  for confirmation of my rescind and asked for money back. Basically I followed a letter posted in this site about rescinding. I'm having a panic attack that my rescind letter is not being processed. Or that I'm stuck to it. Do I call them? Need ur guidance pls. Thanks in advance


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## Passepartout

It doesn't matter when they receive it as long as you SENT it, and it's postmarked within the rescission period allowed by law in the state where you signed the contract.

They are required BY LAW to process your rescission. They are NOT required to notify you of the progress of the rescission or when your down payment will be credited back to you. They have up to 45 days to refund your money.

I would not call anybody. The law is on your side, and as frustrating as it may be, you WILL get your money refunded and can continue on as if nothing had happened.

All the best...

Jim


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## poohlein

*how lond does it take before you receive anything?*

Hi Everyone,

i was wondering if anyone know or by experiece on how long does it take if your rescind letter is processed or receive a refund. i got suckered into signing on aug 10, sent my rescind letter aug 11 but they didnt get it till  aug 13. ive been waiting on a letter or refund but havent received it. how long do they have to respond or send money back? is it adviced to call or ask for an update? any number who i can call and ask? any comments or response is much appreciated. im really freaking out i dont want this anymore. please help


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## TUGBrian

you are fine, it goes off the date you mailed it (postmark) provided you mailed it using the proper method, and to the correct address there is no need to worry.

that said, its now october...you certainly should have heard something by now.

Do you have confirmation that they received the letter (you mention they got it on the 13th)?


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## poohlein

i did the certified mail that they sign for so i have proof thjey received it.and no  i havent heard anything.


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## TUGBrian

while I would not normally suggest contact, it has been well over a month now.  If you dont hear anything in the next week or so, id probably think a phone call would be in order.

please note you MUST not get into a dialogue about cancelling your cancellation =)


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## DeniseM

Did you put the down payment on your credit card?  If so, open a formal dispute with your credit card - that will get their attention.


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## poohlein

yes it was on the a credit card. a credit card that we open through them also. part bank of america.


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## djjairo760

Orange17 said:


> My husband and I took a tour on Saturday (11/20/10) of the Welk resort in Escondido and unfortunately ended up signing a contract for an EOY 1br/120,000 points. We have thought about it and have changed our minds. We would now like to rescind. If anyone has experience dealing with Welk, I would really appreciate any and all the help you can give (addresses, forms used, etc.) Please help! Thank you!



Hello, 

Where you able to get anywhere? I have a timeshare with Welk Escondido, i want to cancel but they will not take it back..


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## TUGBrian

bit of a different situation here than yours, as they were well within their legal cancellation period after signing when they found TUG.


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## dotnetnerd

vacationhopeful said:


> Remember, the legal standard in the USA is *"Regular Mail copy and a Certified Mail with Return Receipt copy"*. And keep a copy for YOURSELF with the Green & White post office receipt (stamped with date & their seal). You should get back in the mail, the GREEN POST CARD after they get your certified mail copy...



Could you explain this please? What's the purpose of a Regular Mail copy?

Why not just a single letter, certified?

(I'm preparing a rescind letter and the clock is ticking)


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## taterhed

dotnetnerd said:


> Could you explain this please? What's the purpose of a Regular Mail copy?
> 
> Why not just a single letter, certified?
> 
> (I'm preparing a rescind letter and the clock is ticking)


 
Prepare your letter.  Sign and date.  Follow the instructions (if any) as closely as possible.

Make copies of all paperwork.  Take pictures of the letter and receipt at post office and email to yourself if you like.

Send the letter via USPS Certified mail.  Keep all copies of the transaction.  That is your proof of sending the letter.  

Other methods of delivery (FedEx etc..) may or may not meet the standard in your state. 

If for some weird reason, your contract states "use FedEx" or similar, then by all means--follow the contract--and also send a copy by USPS certified mail.  Just my 2c


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## dotnetnerd

It's HICV. To their credit, they do not try to hide the cancellation instructions - no sleazy velcro pockets  - the instructions are very clear and repeated twice in my docs plus in the online fineprint (no CDs anymore).

My letter reads like this:

To whom it may concern:
We are hereby exercising are legal right to cancel our purchase agreement. Details of the contract are as follows:...(date, contract number and page 1 of the Purchase Agreement)

Great idea re the pics. I'll take iPhone shots of the letter & envelope and of course keep the Certified receipt. We're still at the resort so I guess that means DON'T ANSWER the phone.

Anything I missed?


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## taterhed

dotnetnerd said:


> Could you explain this please? What's the purpose of a Regular Mail copy?
> 
> Why not just a single letter, certified?
> 
> (I'm preparing a rescind letter and the clock is ticking)


 
Why send both certified and regular mail copies?  To defeat those who might refuse to accept certified mail.  Meh... it's a 50 cent insurance policy. 

*Is Your Certified Mail Being Refused? Try one of these techniques:

*

When you send the Certified Mail, send a copy by regular U.S. Mail at the same time. If the regular mail is *not* returned, then it can be assumed that it was received. When you receive the certified mail back, *do not open it*. Keep a record of when it was sent, when it came back and what was in it for future reference. (One easy way to do this is to make a copy of the letter and attach it to the Certified Mail envelope when it comes back.)
In court, present the returned Certified Mail into evidence as well as the copies of the letter(s) sent by regular mail. State that although the Certified Mail was returned, the regular mail wasn't. Let the Judge draw his or her own conclusions about what this means.


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## dotnetnerd

Thanks, that's pretty clever.

(BTW I hope I'm not hijacking this Welk thread - but I think it's applicable to all cancellations)


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## taterhed

dotnetnerd said:


> It's HICV. To their credit, they do not try to hide the cancellation instructions - no sleazy velcro pockets  - the instructions are very clear and repeated twice in my docs plus in the online fineprint (no CDs anymore).
> 
> My letter reads like this:
> 
> To whom it may concern:
> We are hereby exercising are legal right to cancel our purchase agreement. Details of the contract are as follows:...(date, contract number and page 1 of the Purchase Agreement)
> 
> Great idea re the pics. I'll take iPhone shots of the letter & envelope and of course keep the Certified receipt. We're still at the resort so I guess that means DON'T ANSWER the phone.
> 
> Anything I missed?


 
Sounds good. Here's a boilerplate if you need it. Don't answer phone, don't 'drop by' to say you're sorry. Follow the instructions to the letter, make copies, take pictures (camscanner app works great!) and keep the copies of the certified letter etc... in a safe place. Maybe not your checked luggage!

How much did you save?
When you get home and breath, come back to TUG and find out what timeshare experience might be right for you--at a fraction of the cost! 
Cheers.

Today's Date: xx/xx/xxxx
Names on contract: (wife and/or husband)
Contract Number: xxxxxxx
Date of Purchase: xx/xx/xxxx

Subject: Cancellation letter for timeshare contract number: xxxxxxx



Dear sir/madam

This letter is to inform you of my intention to cancel the timeshare contract number: xxxxxxx which was purchased on xx/xx/xxxx by (the exact name(s) written on the timeshare contract) in accordance with the laws of the state of (state where timeshare was purchased). I request a full refund of my deposit of (amount of deposit) and the cancellation of any future deposits found in the contract. The $xx,xxx in timeshare financing we requested should also immediately be cancelled. Please do not make any additional charges to my (debit card/credit card) or any future payments. Please confirm that you have received this legal timeshare contract number: xxxxxxx rescission in writing.

Sincerely, 


Signature 


Date of signature


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## taterhed

dotnetnerd said:


> Thanks, that's pretty clever.
> 
> (BTW I hope I'm not hijacking this Welk thread - but I think it's applicable to all cancellations)


 
No problem.  Get that letter written, signed, certified and sent.

Holiday Inn Vacation Club?
When you come back, if you're still interested in Holiday Inn VC, there are very pertinent threads about buying resale.  
Also, the "new to timesharing" thread contains a post with questions and answers that will help you understand what's right for you and solicit advice from people with lots of smarts.  The admins here are great and very helpful.

Here's the "new to timesharing link"  http://www.tugbbs.com/forums/forumdisplay.php?f=17


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## dotnetnerd

Yes, Holiday Inn Vacation Club.

We already have a Cape Canaveral unit worth 175,000 pts plus the Orange Lake we were forced to buy to get into the point system. It's 59,000 EOY.

I can get another Cape Canaveral for free from a family member, IF HICV lets me use it for points.

I'd be interested in moving up to Preferred (300,000+) but if the entry barrier is too high I'll forget it.


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## dotnetnerd

taterhed said:


> How much did you save?
> When you get home and breath, come back to TUG and find out what timeshare experience might be right for you--at a fraction of the cost!
> Cheers.



Thanks again Tater. 

It was $18000 but they offered to buy back our OL for 5000. So $13000 net

It was for a Las Vegas EOY 148,000 points. But since it's *EOY* we'd STILL not be in the preferred tier.


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## taterhed

good save!


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## taterhed

dotnetnerd said:


> Thanks again Tater.
> 
> It was $18000 but they offered to buy back our OL for 5000. So $13000 net
> 
> It was for a Las Vegas EOY 148,000 points. But since it's *EOY* we'd STILL not be in the preferred tier.


 
Here's an on-going active thread about just your situation.  Hope they can help you with some advice/ideas!

cheers

http://www.tugbbs.com/forums/showthread.php?t=234151


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