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Wyndham Breach of Contract

Gary Lamm

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Wyndham arbitrarily stopped charging our monthly payment of our Club Wyndham Plus dues. They did not inform us or bill us. Then they turned us over for collection, with an added monthly billing fee of $8 per month and also a collection fee. I have been fighting this battle with them for over a year now. I sent a check in December for payment of a full year's dues, with a restricted endorsement that depositing the check represented acknowledgment of full payment of dues and reversal of any and all collection fees. They have terminated our Club Plus membership and switched us from points to a fixed week. Their most recent egregious action was blocking access to our RCI account, even though we have other time share memberships that we deposit into RCI. And now we are receiving collection notices from Pinnacle again!

Has anyone else had a problem like this with Wyndham?

I am wondering whether our only option is to file a complaint with the US Attorney General, and file additional complaints with the attorney general of each state mentioned in our contracts.
 

Free2Roam

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Why did they stop charging? Expired credit card?
 

Braindead

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Wyndham arbitrarily stopped charging our monthly payment of our Club Wyndham Plus dues. They did not inform us or bill us. Then they turned us over for collection, with an added monthly billing fee of $8 per month and also a collection fee. I have been fighting this battle with them for over a year now. I sent a check in December for payment of a full year's dues, with a restricted endorsement that depositing the check represented acknowledgment of full payment of dues and reversal of any and all collection fees. They have terminated our Club Plus membership and switched us from points to a fixed week. Their most recent egregious action was blocking access to our RCI account, even though we have other time share memberships that we deposit into RCI. And now we are receiving collection notices from Pinnacle again!

Has anyone else had a problem like this with Wyndham?

I am wondering whether our only option is to file a complaint with the US Attorney General, and file additional complaints with the attorney general of each state mentioned in our contracts.
How many months went by before you realized your monthly bill hadn’t been paid ?

1. Wyndham didn’t stop charging you. If they did you wouldn’t of been turned over to collections.
2. You stopped paying your monthly bill. Why did this happen if you were on auto pay ?
A. Credit card expire?
B. Credit card denied due to credit limit?
C. Close bank account?
D. Insufficient funds in bank account?
3. When you have converted weeks to points & stop paying your weeks are dropped from the points. Returning them to your fixed week only

In December when you mailed the check, I’ll play 20/20 hindsight.
Assuming you were talking to Wyndham since you said you’ve been fighting this for over a year.
Wyndham told what you owed to be paid up to date.
Did you pay that amount ? No, you put a restricted endorsement while paying less than your balance allowing your situation to deteriorate to where you are now
End result your fixed weeks were dropped from the points program.

You can file your complaints but I wouldn’t expect much help as Wyndham clearly billed you but you didn’t pay.
First question, do you have proof you paid your monthly bill ? What’s your answer ? I didn’t know I had one ?

Wyndham will say the bill was sent & your only defense is that you didn’t receive it. Then ounce you figured out you hadn’t paid your bill you refused to bring your account up to date.

Harsh but a reality check
 
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55plus

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Settle up with Wyndham. Their pockets are deep. To Wyndham, it's peanuts, but it's also principle. They'll win in the end, which means you'll lose I'm sorry to say.
 

RX8

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This just doesn’t make sense. There has to be more to the story. If you had been getting monthly bills all along and then all of a sudden you no longer got them how could that have been missed by you? I think Braindead has got the likely scenarios nailed. If it is any of those then how is that Wyndham fault?
 

chapjim

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I'm with Braindead, too. Wyndham didn't stop billing you and you haven't helped yourself along the way.

First, the term is "restrictive endorsement" and you didn't do it when you drafted the check. Restrictive endorsements, the most common of which is "For Deposit Only," can only be done by the payee.

Second, if someone owes me money and writes something on a check about it being payment in full and the amount of the check was less than the amount owed, I would not cash the check. Did Wyndham cash your check with the so-called "restricted endorsement?" If they didn't, you may have made your dilemma worse by trying to be clever.
 

Sandi Bo

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Wyndham arbitrarily stopped charging our monthly payment of our Club Wyndham Plus dues. They did not inform us or bill us. Then they turned us over for collection, with an added monthly billing fee of $8 per month and also a collection fee. I have been fighting this battle with them for over a year now. I sent a check in December for payment of a full year's dues, with a restricted endorsement that depositing the check represented acknowledgment of full payment of dues and reversal of any and all collection fees. They have terminated our Club Plus membership and switched us from points to a fixed week. Their most recent egregious action was blocking access to our RCI account, even though we have other time share memberships that we deposit into RCI. And now we are receiving collection notices from Pinnacle again!

Has anyone else had a problem like this with Wyndham?

I am wondering whether our only option is to file a complaint with the US Attorney General, and file additional complaints with the attorney general of each state mentioned in our contracts.
An option is filing a complaint with the Florida DBPR (Department of Business and Professional Regulation). I have not heard them mentioned for awhile, a while back they seemed a decent option - WYN appeared to care what they say. Here is their website: http://www.myfloridalicense.com/dbpr/lsc/index.html

My understanding is that the DBPR is the closest thing to a boss that WYN has. They don't really have authority over WYN, but WYN likes to keep them happy. I got the feeling the DBPR makes suggestions and WYN will likely work with them or you if the DBPR agrees with you. Anything you file must be first hand - your experience only (that was my experience).

Search TUG for DBPR and you'll see multiple posts.
 

Gary Lamm

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How many months went by before you realized your monthly bill hadn’t been paid ?

1. Wyndham didn’t stop charging you. If they did you wouldn’t of been turned over to collections.
2. You stopped paying your monthly bill. Why did this happen if you were on auto pay ?
A. Credit card expire?
B. Credit card denied due to credit limit?
C. Close bank account?
D. Insufficient funds in bank account?
3. When you have converted weeks to points & stop paying your weeks are dropped from the points. Returning them to your fixed week only

In December when you mailed the check, I’ll play 20/20 hindsight.
Assuming you were talking to Wyndham since you said you’ve been fighting this for over a year.
Wyndham told what you owed to be paid up to date.
Did you pay that amount ? No, you put a restricted endorsement while paying less than your balance allowing your situation to deteriorate to where you are now
End result your fixed weeks were dropped from the points program.

You can file your complaints but I wouldn’t expect much help as Wyndham clearly billed you but you didn’t pay.
First question, do you have proof you paid your monthly bill ? What’s your answer ? I didn’t know I had one ?

Wyndham will say the bill was sent & your only defense is that you didn’t receive it. Then ounce you figured out you hadn’t paid your bill you refused to bring your account up to date.

Harsh but a reality check

Your assumption is completely erroneous.
You appear to be a spokesperson for Wyndham . . .
* The scenario is that Wyndham ARBITRARILY stopped Auto Pay during a time we were on an extended road trip. No notice was sent by either regular mail or email. No bills were sent. When we returned home, there was a collection notice, and that is when we began the numerous phone calls with Wyndham and the collection agency.
* NO. Wyndham DID NOT "clearly bill us"! They did not bill us directly at all at any time once they removed our credit card from their system. And we did not "refuse to bring our account up to date" as that is exactly what we did. Nevertheless, Wyndham continued to add fees on a fully paid amount and then turn the cumulative amount over to collection.
* Of course we did not pay the amount Wyndham was demanding--BECAUSE we DID NOT owe that amount. There was no default on our part. We had a written agreement with Wyndham which they suddenly stopped honoring. They breached our written agreement by ceasing to honor that agreement by electronic billing/payment from our credit card. There was NO delinquency on our part. There was NO default on our part. The breach was solely on the part of Wyndham. Would you just automatically pay an amount that a creditor told you was due? With added fees and collection costs? When you had made arrangements through a written agreement for regular payment of the monthly charges?
* The ONLY statement in your long list that applies is that our credit card expired. HOWEVER, it was automatically renewed. Now that Wyndham has taken over WorldMark, we have three items that are set up for automatic electronic payment charged to our credit card. Wyndham continued to process the payments for two of those items to the very same credit card with the same expiration and renewal date but failed to do so for our Club Wyndham Plus dues.
* Of course we have proof of payment. Duh! They accepted the check I sent as full and complete payment on the condition that all fees and collection costs be reversed and our account be credited in full.
* Since there was no breach of contract on our end, Wyndham had no cause to drop us from the points program.
* And Wyndham most certainly has absolutely no right to terminate our RCI membership, which is affiliated with five other timeshares we own and in which we have weeks deposited.

*Furthermore, Wyndham has failed and refused to send us any billing whatsoever for our 2019 dues, even though we have requested that they do so, so that we could keep them current.
 
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Gary Lamm

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I'm with Braindead, too. Wyndham didn't stop billing you and you haven't helped yourself along the way.

First, the term is "restrictive endorsement" and you didn't do it when you drafted the check. Restrictive endorsements, the most common of which is "For Deposit Only," can only be done by the payee.

Second, if someone owes me money and writes something on a check about it being payment in full and the amount of the check was less than the amount owed, I would not cash the check. Did Wyndham cash your check with the so-called "restricted endorsement?" If they didn't, you may have made your dilemma worse by trying to be clever.

Actually, you don't know what you are talking about. I worked in the legal field for over 30 years, and the restrictive endorsement must be placed on the check by the payor before it is even submitted to the payee.

Perhaps you do, but I do not play games to "try to be clever."

* Wyndham most certainly DID stop billing us. That is why it became necessary to calculate the amount due and send one check to them as payment in full.
* As clearly stated, yes, Wyndham did in fact process the check for payment in full with the restrictive endorsement already on it.

By the way, "Braindead" appears to be an agent of Wyndham.
 
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Gary Lamm

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Why did they stop charging? Expired credit card?

The credit card expired while we were on an extended road trip. However, Wyndham managed to update that same credit card to the renewal date for two other items that were set up for electronic payment of two other ongoing payments to Wyndham, which have continued to be made throughout this entire process. At no time has Wyndham billed us, sent us notice, or communited with us regarding this matter by regular mail or email. The only notices received have been from a collection agency which appears to be an arm of Wyndham. All communications with Wyndham have been initiated by me, including telephone calls and regular mail. This was an arbitrary decision on the part of Wyndham, and it appears to be a ruse to collect additional fees from us.
 
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Gary Lamm

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Settle up with Wyndham. Their pockets are deep. To Wyndham, it's peanuts, but it's also principle. They'll win in the end, which means you'll lose I'm sorry to say.

I have been trying to settle up with Wyndham. They refuse.
 

Gary Lamm

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This just doesn’t make sense. There has to be more to the story. If you had been getting monthly bills all along and then all of a sudden you no longer got them how could that have been missed by you? I think Braindead has got the likely scenarios nailed. If it is any of those then how is that Wyndham fault?

You are correct. It doesn't make sense. We did not "get monthly bills all along." We received NO notice or bill whatsoever from Wyndham. The very reason payments were set up for electronic payment was so that we could travel without worrying about payment of any bills coming in the mail while we were gone. We learned of what they had done about two months after the fact when we returned home from an extended road trip. Numerous--and I do mean NUMEROUS--ongoing attempts to resolve this matter have been made, all initiated by us. It is Wyndham's "fault" because Wyndham has breached the agreement we had with them and has lied to us in nearly every phone call made to them. You are correct that there is "more to the story" but it is not as you imply. I have pages of detailed notes from my conversations with Wyndham and their collection agency. They have failed and refused to follow up and follow up with a later response, as promised on occasion. There was no default on our part. There is absolutely a breach of contract on the part of Wyndham.
 

paxsarah

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This was an arbitrary decision on the part of Wyndham, and it appears to be a ruse to collect additional fees from us.

This might be one of those situations where it’s best not to attribute to malice that which is just as easily explained by incompetence.
 

dgalati

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Actually, you don't know what you are talking about. I worked in the legal field for over 30 years, and the restrictive endorsement must be placed on the check by the payor before it is even submitted to the payee.

Perhaps you do, but I do not play games to "try to be clever."

* Wyndham most certainly DID stop billing us. That is why it became necessary to calculate the amount due and send one check to them as payment in full.
* As clearly stated, yes, Wyndham did in fact process the check for payment in full with the restrictive endorsement already on it.

By the way, "Braindead" appears to be an agent of Wyndham.
I would agree on this statement.
 

Fredflintstone

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Sigh, thank god I rent now.




Sent from my iPad using Tapatalk
 

chapjim

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Actually, you don't know what you are talking about. I worked in the legal field for over 30 years, and the restrictive endorsement must be placed on the check by the payor before it is even submitted to the payee.

Perhaps you do, but I do not play games to "try to be clever."

* Wyndham most certainly DID stop billing us. That is why it became necessary to calculate the amount due and send one check to them as payment in full.
* As clearly stated, yes, Wyndham did in fact process the check for payment in full with the restrictive endorsement already on it.

By the way, "Braindead" appears to be an agent of Wyndham.

And, you appear to be full if it. If you think braindead is a Wyndham agent, you're not paying attention. Same goes if you think I am.
 

dgalati

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And, you appear to be full if it. If you think braindead is a Wyndham agent, you're not paying attention. Same goes if you think I am.
Full of it not full if it.
 

Jan M.

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Five years ago we had similar situation. My husband was getting gas before left for a week away. He now knows to check for a fake credit card reader that steals you credit card numbers before he uses a credit card at the pump. That was fun spending a couple days of our week away attending to everything when the credit card company contacted us about a questionable charge and we found out our credit card number had been stolen. I had to change any credit card auto pays I had set up when the credit card company closed our account and set up a new one.

Several months later I received a notice that our Wyndham account would be suspended for non payment if we didn't pay up. I knew the maintenance fee payments had been on the recent credit card statements and thought the notice was in error. It took the person in the financial department a few minutes of digging to figure out what happened. When I added the new card number to our Wyndham account it was too close to the payment date for their system to be able to handle it. I never caught it that the one month payment several months earlier had never been paid because of our credit card statement closing date. Sometimes I had two months payments on the same bill and to add to the confusion I had two statements that month from the credit card company closing one account and opening another account. I also told her that we had never missed a maintenance fee payment in the 12 years we had owned at that time and that we had always been on auto pay either through our checking account at first and then the credit card for a number of years. She looked at our payment history and confirmed this.

For future reference Wyndham's system needs at least a week, 10 days is even safer, if you change cards on your account for auto payments.

When she told me what month it was I explained about having our credit card number stolen and how I hadn't noticed it wasn't on our statement because of all I had to deal with and the closing date of our credit card statement. I even offered to send them a copy of the letter from our credit card company as proof of what I told her about our account number being stolen. The person in the financial department put the payment for the missing month on our credit card and waived all the charges.

I don't know if it was the fact that it was only one payment that was missed but our situation with them was easily resolved to our satisfaction. However I'm smart enough to know that I don't want to put myself in a situation like yours with Wyndham and expect to play games and win. As my husband says "You mess with the bull; you get the horns."

I suggest you suck it up and chalk this up as a lesson learned as others have suggested. Call Wyndham and ask, in a very conciliatory manner, if you pay all the charges if they can put your account back to what it was before all this. If you can't bring yourself to do something that feels like begging, have a family member make the call.
 

Braindead

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You appear to be a spokesperson for Wyndham . . .

*Furthermore, Wyndham has failed and refused to send us any billing whatsoever for our 2019 dues, even though we have requested that they do so, so that we could keep them current.
I’ve been called a lot of things but this is definitely a new one.
If you only knew the battles I’ve had with Wyndham you’d know how laughable your name calling is!!!!

You were dropped from the points program so Wyndham isn’t going to send you a 2019 MF bill. As far as Wyndham is concerned your out the door while you’re trying to get back in
As Jan M more or less stated, You’d better learn how to kiss some a$$ fast if you want to try to get this resolved with OC & Financial Services
 

bogey21

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Your assumption is completely erroneous....
* The ONLY statement in your long list that applies is that our credit card expired. HOWEVER, it was automatically renewed.

My guess is that your Credit Card was renewed with a new Maturity Date and a new 3 digit Security Code and that when Wyndham processed payments with the old data their request was rejected. Normally when that happens the company trying to collect sends you an email asking you to update the Credit Card information on their website. I understand your frustration but if Wyndham can prove that they asked you for new Credit Card information either by email or in writing, I think you are out of luck...

George
 
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