# Wyndham's hand is in MY cookie jar! Their tenant is sitting in my Fixed Week unit.



## vacationhopeful (Feb 6, 2012)

Started this thread to seek info on OPTIONS or ways to proceed.

I try to put my guest in my Fixed Week unit at a Pompano Beach. A Friday checkin but I was calling Saturday around 5PM. Front Desk supervisor could NOT find my name on the inbound guest list. Asked her to go look on the Owner's List as I am a Fixed Week Owner. Told her my unit number - what is the problem - is someone in MY UNIT?

She had to call me back after researching "this".  Research WHAT? I own the week and the unit should be empty. Her story to me was this was a screw up which happens sometimes with the computer system when it uploads the inbound list to the resort.

On the my other thread, posters are suggesting this happens more often to Fixed Week owners than once in a Blue Wyndham moon.


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## rrlongwell (Feb 6, 2012)

vacationhopeful said:


> Started this thread to seek info on OPTIONS or ways to proceed ...



1.  Call Wyndham Reservations, ask to speak to the escalation department.

2.  Explain what happened and state that you want an equilvant number of Wyndham points as compensation for the loss of use of the fixed week and the embarisment to you and your guest by having to put the guest up in different accommodations.

3.  If that does not work, contact:

Brenda George

Director Consumer Affairs

Consumer Affairs Department

Office of the General Counsel

Wyndham Vacation Ownership

(407) 626-5195 direct 

(407) 370-5204 fax

brenda.george@wyndhamvo.com

I believe she is still there.  If not than ask for her replacement.

4.  If that does not work, file a complaint with the BBB of Central Florida against Wyndham Vacation Ownership and Wyndham Vacation Resorts as well as the Resort POA.


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## vacationhopeful (Feb 7, 2012)

Thanks, Robert.

Still need suggestions - in one sense, I don't want to start WWIII but I know that they are getting more brazen IF they actually have the computer system "stealing" units. This is NOT that I didn't checkin on Fri by 4PM - these people were in that unit before 4-5PM Saturday.

*Is ANYONE staying at the Wyndhams or in FLL RIGHT NOW? The unit's checkout day is FRIDAY --- I need a spy!* PM please ...


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## rickandcindy23 (Feb 7, 2012)

Wish I could be a spy for you.  

Sorry for the issues with Wyndham and your fixed week.  It's absolutely disgusting that Wyndham would steal your week, and they owe you for it!  I would be very angry, if this happened to me.  

Wyndham is really crusing for a lawsuit on this one.  I hope other fixed week owners find this thread.


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## ampaholic (Feb 7, 2012)

vacationhopeful said:


> Started this thread to seek info on OPTIONS or ways to proceed.
> 
> I try to put my guest in my Fixed Week unit at a Pompano Beach. A Friday checkin but I was calling Saturday around 5PM. Front Desk supervisor could NOT find my name on the inbound guest list. Asked her to go look on the Owner's List as I am a Fixed Week Owner. Told her my unit number - what is the problem - is someone in MY UNIT?
> .



I'm sorry but I don't understand Sat is after Fri yet you say you called on Sat to verify - do you mean the Sat *BEFORE* your check in or the Sat after?

If someone is in there *BEFORE* your check in - well, might it be their week?
If someone is there after - I've heard of resorts using a unit if you don't call and "confirm" your week or "occupy" your unit at check in time.

Please clarify


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## Ridewithme38 (Feb 7, 2012)

You own that room at that week.  If someone was in squatting in your house and you couldn't gain access, what would you do?

Contact the police, explain to them that someone is illegally staying in your property and you would like them removed, let Wyndham deal with the unhappy renter

Why treat this any differently then a squatter staying in your home?


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## rrlongwell (Feb 7, 2012)

Ridewithme38 said:


> You own that room at that week.  If someone was in squatting in your house and you couldn't gain access, what would you do?
> 
> Contact the police, explain to them that someone is illegally staying in your property and you would like them removed, let Wyndham deal with the unhappy renter
> 
> Why treat this any differently then a squatter staying in your home?



The police would probably treat this as a civil matter and indicate that an eviction proceedure would need to be used.  That would take over a week.

Remember, the occupant also has a lease claim to the unit because Wyndham gave them that.


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## jjmanthei05 (Feb 7, 2012)

I think your issue is with Wyndham not the people currently the unit. Here is my question, If there is a mechanical issue in your unit for your week, are you given a comparable/better unit during the same week or are you just "out" your week?

Jason


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## Passepartout (Feb 7, 2012)

rrlongwell said:


> The police would probably treat this as a civil matter and indicate that an eviction proceedure would need to be used.  That would take over a week.
> 
> *Remember, the occupant also has a lease claim to the unit because Wyndham gave them that.*



While I agree that the police would not want to inject themselves into what they would look at as a civil matter, the truth is that it appears that Wyndham rented something *they don't own*.

I smell a lawsuit. Depending on the numbers of people involved, I'd be very tempted to go to the press. If Princess lines can delay/detain ships over a couple hundred people with diarrhea, Wyndham can get judged by the court of public opinion over renting other peoples' property. 

This isn't finished by a long shot.

Jim


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## vacationhopeful (Feb 7, 2012)

ampaholic said:


> I'm sorry but I don't understand Sat is after Fri yet you say you called on Sat to verify - do you mean the Sat *BEFORE* your check in or the Sat after?
> ... I've heard of resorts using a unit if you don't call and "confirm" your week or "occupy" your unit at check in time.
> 
> Please clarify



My FIXED WEEK unit does NOT require me to comfirm occupancy. I found a renter on Saturday afternoon and called immediately. I knew I had "lost" Friday night, but it appears Wyndham rented this unit BEFORE hand as my name was NOT even assigned to my FIXED WEEK UNIT as the inbound guest. When it took Wyndham over an hour to call me back while LOOKING for my week (?????), I had already offer to supply them with a copy of my deed or MF bill or contract number. I even ask when this first started, my unit SHOULD be vacate as I own it.

AS for occupying my week --- do I have ONLY 5 minutes to claim it as MINE before they can use/rent/seize it as THEIR property??? Remember, this was NOT past the 24 hour period of check in when I first called.


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## stevelb (Feb 7, 2012)

vacationhopeful said:


> My FIXED WEEK unit does NOT require me to comfirm occupancy. I found a renter on Saturday afternoon and called immediately. I knew I had "lost" Friday night, but it appears Wyndham rented this unit BEFORE hand as my name was NOT even assigned to my FIXED WEEK UNIT as the inbound guest. When it took Wyndham over an hour to call me back while LOOKING for my week (?????), I had already offer to supply them with a copy of my deed or MF bill or contract number. I even ask when this first started, my unit SHOULD be vacate as I own it.
> 
> AS for occupying my week --- do I have ONLY 5 minutes to claim it as MINE before they can use/rent/seize it as THEIR property??? Remember, this was NOT past the 24 hour period of check in when I first called.



Can we know the actual name of the resort in question, please.


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## ace2000 (Feb 7, 2012)

vacationhopeful said:


> My FIXED WEEK unit does NOT require me to comfirm occupancy. I found a renter on Saturday afternoon and called immediately. I knew I had "lost" Friday night, but it appears Wyndham rented this unit BEFORE hand as my name was NOT even assigned to my FIXED WEEK UNIT as the inbound guest. When it took Wyndham over an hour to call me back while LOOKING for my week (?????), I had already offer to supply them with a copy of my deed or MF bill or contract number. I even ask when this first started, my unit SHOULD be vacate as I own it.
> 
> AS for occupying my week --- do I have ONLY 5 minutes to claim it as MINE before they can use/rent/seize it as THEIR property??? Remember, this was NOT past the 24 hour period of check in when I first called.


 
Did they offer you a comparable unit at the resort for your time requested?  Not sure if you provided that already.


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## rrlongwell (Feb 7, 2012)

ace2000 said:


> Did they offer you a comparable unit at the resort for your time requested?  Not sure if you provided that already.



See post 1 on this thread.  I believe, they did take the guest in a different unit according to a post on a different thread on TUGS.  To the issue of damages, I do not think this makes a whole lot of differences.  The issue is the Orginal Poster was denied the use of a deeded week that was rented out by Wyndham for there profit purposes and the cooresponding problems that created.


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## MAINER4GOOD (Feb 7, 2012)

rrlongwell said:


> See post 1 on this thread.  I believe, they did take the guest in a different unit according to a post on a different thread on TUGS.  To the issue of damages, I do not think this makes a whole lot of differences.  The issue is the Orginal Poster was denied the use of a deeded week that was rented out by Wyndham for there profit purposes and the cooresponding problems that created.



I would talk to the Resort Manager or someone high up to see what they are going to do to fix the mistake. If you feel the compensation is not enough, tell them what you feel is needed. Mistakes do happen, your guests got accommodations, and this is not a reason to go lawsuit-happy.

As a Resort Manager, this has happened to me a couple of times for various reasons over the years. It was not done for financial gain for the resort, but done to save money (if possible) for the resort. I understand Wyndham doesn't have the same financial issues I worry about, but they do need to make it right for the owner.


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## ace2000 (Feb 7, 2012)

rrlongwell said:


> See post 1 on this thread.  I believe, they did take the guest in a different unit according to a post on a different thread on TUGS.  To the issue of damages, I do not think this makes a whole lot of differences.  The issue is the Orginal Poster was denied the use of a deeded week that was rented out by Wyndham for there profit purposes and the cooresponding problems that created.


 
I think it might make a difference.  Seems like it would come down to what the contract states.  This has to occur frequently.  Also, I am assuming that the maintenance fees were paid in full?


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## vacationhopeful (Feb 7, 2012)

I talked to the Resort Manager Monday afternoon. I have met him several times. He admitted this was a computer problem that has happen before (losing fixed week owners and having other "guests" assigned to their deed unit). I asked where did these "guests" come from? (as EVERY reservation in the points reservation system is ASSIGNED a unit number). Were they Wyndham points owner, Extra Vacations (Wyndham rental arm of the corporation) or RCI Exchangers? He said he didn't know. I called my unit later and asked for "Linda"; when told there was "no Linda here", asked if they rented Linda's unit from LINDA? "No, they rented that unit from Wyndham".

Maintenance fees paid via credit card before year end.

No compensation offered. My inbound guest was assigned another unit when they did checkin on Sunday AM (my week started on Friday).

Wyndham tries to improve the Wyndham corporate bottom line EVERY chance they get. HOA can just issue another special assessment. T/S are filthy rich - they can pay more.

Will PM name of resort, if asked.


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## rickandcindy23 (Feb 7, 2012)

I think I know which one because you had previous post of a last-minute rental. 

This is inexcusable, and I am digusted with Wyndham.  Yes, they do rent all of the points for $8-10 to current members, too, who use resorts and probably Wyndham keeps the cash and doesn't give that money to the individual resorts for wear and tear, housekeeping, etc.


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## MAINER4GOOD (Feb 7, 2012)

vacationhopeful said:


> I talked to the Resort Manager Monday afternoon. I have met him several times. He admitted this was a computer problem that has happen before (losing fixed week owners and having other "guests" assigned to their deed unit). I asked where did these "guests" come from? (as EVERY reservation in the points reservation system is ASSIGNED a unit number). Were they Wyndham points owner, Extra Vacations (Wyndham rental arm of the corporation) or RCI Exchangers? He said he didn't know. I called my unit later and asked for "Linda"; when told there was "no Linda here", asked if they rented Linda's unit from LINDA? "No, they rented that unit from Wyndham".
> 
> Maintenance fees paid via credit card before year end.
> 
> ...



Linda, I would go back to the Manager and let him know what you expect for compensation. In my opinion, being reasonable would net you the best results. Even if it is a $100 dinner or $100 gift card for their mistake, it lets them know that they screwed up and you know they screwed up. After all, they had the space because they had room for your guests.


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## vacationhopeful (Feb 7, 2012)

MAINER4GOOD said:


> Linda, I would go back to the Manager and let him know what you expect for compensation. In my opinion, being reasonable would net you the best results. Even if it is a $100 dinner or $100 gift card for their mistake, it lets them know that they screwed up and you know they screwed up. After all, they had the space because they had room for your guests.



I believe the rental arm of Wyndham charges 40% as a "booking" fee and then, deducts housekeeping charges OFF after that. The HOA/Resorts/Owners almost Never get more than $20 per night - and ONLY for the number of nights rented out. One 1 rental per week (so if the first guy asks for 1 night, the other 6 nights it sits empty). The resort manager is slave to who the computer says is INBOUND and can reassign a unit in very limited situations - handicap, damaged unit, police tape, big ass VIP level. The resort does NOT collect money unless the computer tells them to.

I don't think he has even a gift card for Subway ... sales gets all the goodies.


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## timeos2 (Feb 7, 2012)

This is one of the many problems that the recent spate of changes Wyndham has unilaterally decided to impose - much like the infamous Wastegate - that made us decide to sell our ownership despite over 15 years of very satisfied use. It had become increasingly and uncomfortably clear that Wyndham holds all control and you as an owner are left to beg for your rights - deeded week or points - it doesn't seem to matter. Think about it. What recourse do you really have when the resort is managed by Wyndham, the collections, reservations and BOD are all run by or controlled by Wyndham - then there is you, the tiny owner is a vast sea of others. They know it makes zero sense to try to get judicial satisfaction even if your rights are trampled as the cost to you would far exceed any potential win (and there is zero guarantee of a win).  So you are reduced to pitting one area of Wyndham control against the other(s).  Guess who tends to win!  

It is all too typical of a developer controlled operation and why we sold not only Wyndham but all our ownerships that didn't have owner control and independent management.  And of course it helped that we can get virtually any timeshare at any time far cheaper renting than owning in 99% of the cases.  The two we kept just happened to be our favorites or we may have sold those as well.  Good luck trying to get justice from the very people who are screwing you over to begin with.


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## Tia (Feb 7, 2012)

Why does it not surprise me?   They definitely got caught making $ off your property and oops you discovered them. Unit should of been empty as they have their $ from it via paid up maint. fees.


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## am1 (Feb 7, 2012)

rickandcindy23 said:


> Yes, they do rent all of the points for $8-10 to current members, too, who use resorts and probably Wyndham keeps the cash and doesn't give that money to the individual resorts for wear and tear, housekeeping, etc.



Yes this is a horrible situation.  The resort may not have had space Friday night for Linda if her or a guest arrived.

Wyndham most have ownership, right to use of billions of points that they can and should be able to rent out.  

Unsold inventory
Plus partners
Owners give points to offset mfs


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## chapjim (Feb 7, 2012)

rrlongwell said:


> Remember, the occupant also has a lease claim to the unit because Wyndham gave them that.



Nemo dat quod non habet.

One of the things I actually learned in law school!  "You can't give what you don't have."


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## rrlongwell (Feb 7, 2012)

chapjim said:


> Nemo dat quod non habet.
> 
> One of the things I actually learned in law school!  "You can't give what you don't have."



Yes, as a general rule, you are right, however, Wyndham has physical control of the timeshares, and as had pointed out to me a number of times by the sales staff, if I do not buy more timeshares from them, they will start taking mine.  That is why, in my bad joke, I welcomed the orginal poster to the Wyndham "We do not like you" club.  And, yes, I have had to insist my reservation be honored or let me complete the reservation.  A couple of locations have told me to leave the resort immediatly when I declined to buy another timeshare from them.

Also, please see post 14.  Someone who ID'ed himself as a non-Wyndham resort manager, explained that when it happens with him, it is to do it to save money for the Resort.

Also, I remember, over the years of a couple of scandles that involved Real Estate, where a non-owner sold properties that did not belong to them then took the money and ran.

You would be referring to what ethical attornies would follow.


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## jjmanthei05 (Feb 8, 2012)

timeos2 said:


> . They know it makes zero sense to try to get judicial satisfaction even if your rights are trampled as the cost to you would far exceed any potential win (and there is zero guarantee of a win)...



One thing you may want to look into is suing Wyndham in small claims court. You don't need a lawyer, make them jump through hoops and would probably get more out of them than from them directly.

Jason


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## GeraldineT (Feb 8, 2012)

Being new to the timeshare world I am a bit confused on something.  I understand a fixed week entitles you to a specific unit on a specific week but am confused.  I understand being upset.  It is your week which you paid for but didn't your renters receive an equal unit.  I could understand the potential lawsuit if they were flat out turned away or looking for compensation if they were given something less than what you paid for but is simply staying in unit 7 instead of unit 10 something that needs to clog up the already bogged down court system in Florida.  Am I oversimplifying this or missing something.  Other than the different unit what was actually "lost"?


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## vacationhopeful (Feb 8, 2012)

GeraldineT said:


> Being new to the timeshare world I am a bit confused on something. ....  Am I oversimplifying this or missing something.  Other than the different unit what was actually "lost"?



Do you think Wyndham was going to SEND me a check for "using" my unit without my permission? My renters did NOT checkin til Sunday AM - are they going to send me a check for inventory usage for those 2 nights (a FRI and SAT - high points/cost nights). What if I never made it down there and DIDN'T learn by accident that they had rented my unit and kept the money?

What if I had the BEST view in the house and they gave my renters the dumpster view and oders? Remember, as a FIXED & DEEDED is also Week, checkin day, and unit number deeded --- not a run of the house 2 days later that no one else wanted.

Do you rent out your neighbor's house when they go on vacation without their permission? If they came home early and you let them stay in your house, would they be compensated?

As for what was lost, TRUST that they are acting for the good of the resort  and as my agent vs the getting away with whatever they can BECAUSE they have the keys.

And I was NOT on the list of inbounds .... there are people who would not have freaked out on them and just rolled over due by saying "oh, I must have been wrong". There was NEVER a unit on the books for me to use - if I was standing at the front desk, they would have been happy to bill my credit card and tell me they will fix it in the morning (while my paperwork and MF info was sitting at home). I told them I would be happy to email them a copy of my deed and MF invoice.


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## timeos2 (Feb 8, 2012)

GeraldineT said:


> Being new to the timeshare world I am a bit confused on something.  I understand a fixed week entitles you to a specific unit on a specific week but am confused.  I understand being upset.  It is your week which you paid for but didn't your renters receive an equal unit.  I could understand the potential lawsuit if they were flat out turned away or looking for compensation if they were given something less than what you paid for but is simply staying in unit 7 instead of unit 10 something that needs to clog up the already bogged down court system in Florida.  Am I oversimplifying this or missing something.  Other than the different unit what was actually "lost"?



The simple issue is the op has the deeded ownership - not just rights - to a specific unit/weeek. Wyndham has no right whatsoever to that unit during that use time. They are litterally trespassing on a private owners property. It is a very big deal.


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## GeraldineT (Feb 8, 2012)

vacationhopeful said:


> Do you think Wyndham was going to SEND me a check for "using" my unit without my permission? My renters did NOT checkin til Sunday AM - are they going to send me a check for inventory usage for those 2 nights (a FRI and SAT - high points/cost nights). What if I never made it down there and DIDN'T learn by accident that they had rented my unit and kept the money?
> 
> What if I had the BEST view in the house and they gave my renters the dumpster view and oders? Remember, as a FIXED & DEEDED is also Week, checkin day, and unit number deeded --- not a run of the house 2 days later that no one else wanted.
> 
> ...



I guess I just do not see timeshare as real estate the same way I see my home.  I do not share my home with 51 other people nor is my home actually owned by someone else and "deeded" to me whereby I am entitled to its use.   Not knowing how someone arrived in the unit earmarked for you its hard to decide what the "penalty" to Wyndham should be.  I just think that legal action seems a bit drastic.  JMHO!


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## Timeshare Von (Feb 8, 2012)

GeraldineT said:


> I guess I just do not see timeshare as real estate the same way I see my home.  I do not share my home with 51 other people nor is my home actually owned by someone else and "deeded" to me whereby I am entitled to its use.   Not knowing how someone arrived in the unit earmarked for you its hard to decide what the "penalty" to Wyndham should be.  I just think that legal action seems a bit drastic.  JMHO!



The deed on a fixed week is very specific about the ownership and what the owner is entitled to.  It is not a "right to use" arrangement as you imply here.

Yes clearly the OP has rights that have been violated by the resort and she's entitled to some payment for their wanton disregard of her ownership and rental of her property.


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## Sandy VDH (Feb 8, 2012)

vacationhopeful said:


> I  as EVERY reservation in the points reservation system is ASSIGNED a unit number.



Not always true.  They have often not assigned units until check in, which allows them to better manage their inventory.    If you have a do NOT move then perhaps the specific room inventory is booked.  But this does depend on the resort and I am not sure how SB handles things.   I would generally aways call to say I was going to be late checking in just in case.  Perhaps in the future you will do this. 

I do not know how fixed week ownership is conveyed to the resort management.  Obviously some difficiency here.


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## GeraldineT (Feb 8, 2012)

Just curious as to what would happen in a fixed unit timeshare if for some reason the unit was not able to be occupied.  You have your week, arrange your transportation if needed to lets say Florida.  Arrive at the resort, check into your deeded unit and find out the plumbing doesn't work.


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## vacationhopeful (Feb 8, 2012)

GeraldineT said:


> I guess I just do not see timeshare as real estate the same way I see my home.  I do not share my home with 51 other people nor is my home actually owned by someone else and "deeded" to me whereby I am entitled to its use.   Not knowing how someone arrived in the unit earmarked for you its hard to decide what the "penalty" to Wyndham should be.  I just think that legal action seems a bit drastic.  JMHO!



I own the unit and week by week number and unit number. Period. Just like YOU own you house. Period. Just because I get my room key from the FRONT DESK yearly, does not mean I have less of an ownership than you do with your house and a traditional metal key.

The "other party" was in the Wyndham computer system as the inbound user of MY UNIT. Wyndham has a fiduciary responsibility to maintain the access to the proper and legal deedholders. I pay them a yearly fee to manage the property. Wyndham accepted that management role and is paid to perform that and other tasks by both the HOA and the individual owners. 

Accomodating an single or small group of owners whose unit is unavailable because of a maintenance issue, is called goodwill to accomodate if possible. An intentional TAKING of one's property is called THEFT. To try and deny access by claiming "you are not listed on the inbound computer list" and having it happen to owners week after week is NOT a one time computer error. 

Wyndham is VERY quick to disenfranchise Fixed Week Owners whose resort is hit by an total disabling event but does NOT zapped their points owners --- just ask the Fixed Week owners of Wyndham Santa Barbara (who Wyndham's line was, pay us a conversion few (or trade in your Fixed Week) for points to use your vacation time somewheres else).


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## Passepartout (Feb 8, 2012)

Linda, I think WE all get it. So what has the on-site manager said they will do to make you whole? Simply blaming 'the computer' doesn't explain how they are going to keep out of a courtroom. Or have you called the cops and charged them with trespass of YOUR property?

Jim


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## vacationhopeful (Feb 8, 2012)

Sandy Lovell said:


> Not always true.  They have often not assigned units until check in, which allows them to better manage their inventory.    If you have a do NOT move then perhaps the specific room inventory is booked.  But this does depend on the resort and I am not sure how SB handles things.   I would generally aways call to say I was going to be late checking in just in case.  Perhaps in the future you will do this.
> 
> I do not know how fixed week ownership is conveyed to the resort management.  Obviously some difficiency here.



Sandy, in the last year or two I have noticed when booking any unit, there is a unit number assigned. As a vip-type and knowing the resort, I regularly do have a DO NOT MOVE placed on the reservation .... but the resort can override that for effiecency or other issues.

I think what might have happened with that "upgrade" on the computer system, is an issue of WHICH unit is empty but not updated as to IF it is a FIXED WEEK usage for the interval.

And as the Wyndham resort manager stated to me, it had been happening for a couple times here and there before, but that week 5 was a big bunch.

One of my other resorts had 2 MAJOR fixed week owners NOT pay their MFs for the 2011 and then going into 2012. The corporate (and not Wyndham corp) automatically put their units into their corporate advertised rental pool. This is also a South Florida beach resort and Winter units rented REALLY QUICK. One of those owners PAID UP after the drop dead date and the resort did scramble to accommodate his inbound tenants -- but into units not his (because he went pass the drop dead date). The other owner (and his guests) were denied access .... period (no key cards given, but the owner had been sent several certified letters for over a year).

And I used to get PAID very big dollars at very big corporations to figure out very fun & complex computer applications. And to run tests before going live. 

And let me state AGAIN: I do not get paid to debug or manage the Wyndham resorts or computer programs. Their incompetance should NOT become a problem for me.


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## vacationhopeful (Feb 8, 2012)

Passepartout said:


> Linda, I think WE all get it. So what has the on-site manager said they will do to make you whole? Simply blaming 'the computer' doesn't explain how they are going to keep out of a courtroom. Or have you called the cops and charged them with trespass of YOUR property?
> 
> Jim



They have offered nothing other than putting my guests into another unit. As for cops, this is a civil matter --- if I was denied total access, cops would have been helpful.

The resort manager, over the phone, can blow smoke ...I have limited facts ... collecting data is my job now.  Being onsite, I could have flashed paperwork to be filed from Broward County small claims court on him. 

I will actually be staying ONSITE for a week starting on the 17th. You can bet your bottom dollar I will be roosting in the lobby during checkin hours ... looking for the homeless Fixed Week owners --- it is always a busy Holiday Week.


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## bnoble (Feb 8, 2012)

If I were in your shoes, I would contact my lawyer and see what he says---but, I pay for legal coverage as part of my benefits package at work, so the conversation and most simple actions would not impose more costs to me.

If you don't have something similar and/or are not willing to engage a local attorney for this, I would instead:

* Find the management company representative of record for the resort (this is presumably a Wyndham employee).
* Send them a certified letter asking for the damages you think are appropriate, with a specific date by which they should answer you, with the promise to move to small claims court if you get no satisfaction by then.
* Follow through on that promise.


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## jjmanthei05 (Feb 8, 2012)

bnoble said:


> If I were in your shoes, I would contact my lawyer and see what he says---but, I pay for legal coverage as part of my benefits package at work, so the conversation and most simple actions would not impose more costs to me.
> 
> If you don't have something similar and/or are not willing to engage a local attorney for this, I would instead:
> 
> ...



I wouldn't threaten small claims court, I would actually file it right away and let them scramble. Make them play on your timeline not theirs. If you really want to push the point include the HOA in the lawsuit. I'm not sure what you could claim as actual damages besides your time spent trying to straighten this out but you could definitively ask for punitive damages. 

Jason

Jason


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## amycurl (Feb 8, 2012)

After all, a woman just won $10,0000 in small claims court from Honda, whom she sued over the actual mpg of her Honda hybrid. Honda definitely scrambled in that case, and I bet that Wyndham would do the same.


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## ampaholic (Feb 8, 2012)

jjmanthei05 said:


> I wouldn't threaten small claims court, I would actually file it right away and let them scramble. Make them play on your timeline not theirs. If you really want to push the point include the HOA in the lawsuit. I'm not sure what you could claim as actual damages besides your time spent trying to straighten this out but you could definitively ask for punitive damages.
> 
> Jason
> 
> Jason



Not all jurisdictions would let you ask for punitive damages in Small Claims Court - so YMMV


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## rrlongwell (Feb 8, 2012)

jjmanthei05 said:


> I wouldn't threaten small claims court, I would actually file it right away and let them scramble. Make them play on your timeline not theirs. If you really want to push the point include the HOA in the lawsuit. I'm not sure what you could claim as actual damages besides your time spent trying to straighten this out but you could definitively ask for punitive damages.
> 
> Jason
> 
> Jason



If you file in court, I am not an attorney, but I do not see how you can avoid naming the POA.  The Wyndham Management group acts as their agents.


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## richardm (Feb 8, 2012)

You'll want to read the condo docs in their entirety and check to make sure this "takeover" can't be construed as the resort's right to assume an unoccupied unit via the breakage policy.  

You don't want to escalate this if you might lose and be counter sued for their legal costs.


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## Passepartout (Feb 8, 2012)

ampaholic said:


> Not all jurisdictions would let you ask for punitive damages in Small Claims Court - so YMMV



Small Claims court is to satisfy 'small damages' and not to teach the loser a lesson. No punitive damages are awarded (in any jurisdiction we could find). It can be possible to escalate the case into a higher court where punitive damages can be sought/awarded.

The nearly 10K damages paid to the Honda owner was arrived at by multiplying the miles she drove by the extra gas she bought over what Honda advertised her hybrid should have used.

Jim


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## SOS8260456 (Feb 8, 2012)

Minimum damages - rental income for first two nights rental....and that is at a minimum.

You buy a fixed unit so that you KNOW where you will be located and what your view will be.

This is not a matter of the unit being out of commission due to maintenance issues.

If they did it to this owner, how many others is it happening to that go unnoticed or unchallenged?


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## alexadeparis (Feb 9, 2012)

If you can be a named party in a class action, you might get something, but you would have to find a bunch of other people that were "similarly situated". You could ask for your maintenance fee back plus more for the trouble. 

My alma mater is being sued right now by law students that couldn't get jobs after graduation, and they are asking for their entire tuition back, plus more.


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## Beefnot (Feb 9, 2012)

In order to win a small claims suit, rathernthan have this simply be a 'nuisance' suit, you will have to demonstrate how you were "damaged", not just some hypothetical rights claim. Otherwise, the case will likely be dismissed.


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## vacationhopeful (Feb 25, 2012)

After meeting with resort management my first full day at the resort, NOTHING was offered other than a less than goodwill "promise".

After an Board/HOA/Wyndham meeting on Tuesday morning, a corporate Wyndham person made an offer to me. He passed it along to the resort manager (who was now the ex-resort manager but cleaning up "paperwork" onsite). I believe several TUGGERs were in attendance.

The evening before the end of my weekly stay, I was given a 1 year certificate for a 2 night stay in a unit of the same size and building as the one I own. I have to personally use it. Can not transfer it to anyone or sell it.


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## rrlongwell (Feb 25, 2012)

vacationhopeful said:


> After meeting with resort management my first full day at the resort, NOTHING was offered other than a less than goodwill "promise".
> 
> After an Board/HOA/Wyndham meeting on Tuesday morning, a corporate Wyndham person made an offer to me. He passed it along to the resort manager (who was now the ex-resort manager but cleaning up "paperwork" onsite). I believe several TUGGERs were in attendance.
> 
> The evening before the end of my weekly stay, I was given a 1 year certificate for a 2 night stay in a unit of the same size and building as the one I own. I have to personally use it. Can not transfer it to anyone or sell it.



Congratulations on the settlement.  Did the Manager lose the position over  this issue?


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## timeos2 (Feb 25, 2012)

richardm said:


> You'll want to read the condo docs in their entirety and check to make sure this "takeover" can't be construed as the resort's right to assume an unoccupied unit via the breakage policy.
> 
> You don't want to escalate this if you might lose and be counter sued for their legal costs.



"Breakage" doesn't apply to fixed weeks only float time.  A fixed week is deeded and for all intents belongs to the deeded owner for those 7 days as if it were a fully owned condo. They don't have to occupy or do a thing (except keep the fees current, of course) and can show up at any time during that use period & it should be ready and waiting for them. That is the beauty of a fixed ownership vs a flost one. You give up the right to pick your time flexibly for the guarantee that your exact unit/week will be there for you. 

The Association/Management has ZERO right to do anything with that time except make sure it is properly readied & waiting to be occupied by the deeded owner or their designated guests.  Anything else and they have seriously violated the owners rights and should be held responsible which usually means $$$ to compensate for the lost use.  

Remember, as happened in Fl, if that unit was unavailable due to damage then they are SOL - they owe the fees and get no use unlike float owners who still get a week of use in anay available unit(s).  So the reverse is also true. IF it is available it belongs to the deeded owner. NO ONE else has any rights to it during that time. As usual Wyndham, like Wastegate, is overstepping their rights and deserves to be punished as much as possible to avoid future issues. But given their history they will skate by and not care in the least that they are acting illegally.  Just like Wastegate.


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## vacationhopeful (Feb 25, 2012)

rrlongwell said:


> Congratulations on the settlement.  Did the Manager lose the position over  this issue?



No. What reason should the manager be dinged for the corporate computer system's programming issues? He was transferred in January and still have the Sea Gardens HOA meeting early next month.


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## vacationhopeful (Feb 25, 2012)

timeos2 said:


> ...... As usual Wyndham, like Wastegate, is overstepping their rights and deserves to be punished as much as possible to avoid future issues. But given their history they will skate by and not care in the least that they are acting illegally...



Yes, John ... they are getting off without a penalty. I also own more fixed week units at this resort. I have to live with them and they, have to live with me. However, this is posted here and my comments at the HOA meeting DID NOT please the VP from Wyndham who was there. He raced across the room to his underling who had the mike, to close the Q&A. The underlying answer to my question was "WyndHam NEVER takes an owners usage" and my counterpoint was THIS HAPPENSTANCE. The underlying's answer was THAT happen at a different resort and my reply was "Your answer was Wyndham NEVER and my answer was, IT WAS THE WYNDHAM COMPUTER SYSTEM; not the other resort or management."

The corporate "make nice" guy who offered "points" into my account went into an explaination as to how this is a 3 year project with 300 hundred computer persons, etc. He didn't do that on his own (I would bet you); he did it as directed. I got his name and business card.

I signed nothing. BUT they better NEVER do it to be again. I might think I was getting "picked on".


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## jhac007 (Feb 26, 2012)

vacationhopeful said:


> I signed nothing. BUT they better NEVER do it to be again. I might think I was getting "picked on".



Linda, since this comment was on the 25th........is the 26th incident the "NEVER"?????????
It's amazing how this is happening to you considering how well you are known on the local level.  Maybe.......the corporate folks are concerned about competing with your inventory!!!!!! 

Jim


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## vacationhopeful (Feb 26, 2012)

Well known on the local level --- but these computer downloads are coming out of the NEW and IMPROVED system that 300 hundred Wyndham ORLANDO computer employees have been working on for 3 years.


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