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Fax or Mail cancellation notice - which is best

Discussion in 'Vistana Signature Experiences (formerly Starwood)' started by maggiesmom, Jul 6, 2018.

  1. maggiesmom

    maggiesmom TUG Member

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    My friend went to a TS meeting and is doing a package deal.
    I told her she should cancel and learn more about the Resort before buying from developer.
    Her paperwork states cancellation is to be sent by facsimile or by mail.
    I have always sent it by mail.
    Has everyone sent it by facsimile?.

    TIA.
     
  2. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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    Fax doesn't give a proof of delivery. Send it USPS Certified w/return receipt.
     
    Luanne likes this.
  3. Ckhawaii

    Ckhawaii Guest

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    What state/resort did she buy at? Some states have shorter time periods for canceling so time is of the essence
     
  4. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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    All the more reason to use USPS. The only 'date/time' stamp that matters is the postmark. Fax doesn't provide that.
     
  5. maggiesmom

    maggiesmom TUG Member

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    Not sure what state(I think FL).
    I'm letting her use my vistana resort unit.
    She could have bought there, not sure . She didn't say. Just worried she made a big mistake and wants out.
    I'll let her know to rescind and to put it in the mail today.
    I also told her about tug2 and read up. And if see has any questions, join tug2 and to post them .
    Thanks guys, your always helpful.
     
  6. maggiesmom

    maggiesmom TUG Member

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    Just talk to her, she bought(paid in full) an Explorer package(about $2000) at a Vistana meeting.
    She's completed the cancellation request and is going to the post office today. I made sure she is to send it registered with return receipt .
     
  7. drmirage

    drmirage Guest

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    It depends what type of Fax you use. I just cancelled the Explorer Package also. Used FaxZero.com to send a free fax.

    It gives you a confirmation.
    ------------------
    Dear xxxxxxxxxxxxxxxxxxx,

    Your fax to Helene at 4079034862 has been sent successfully!
    Successful delivery of your fax was confirmed at 1:16 PM Eastern Daylight Time on July 5th, 2018
    Your fax included 1 page of coversheet with your text and 1 page of attached documents.

    Thank you,
    FaxZero.com

    -----------------

    After sending the fax, I verified if the fax was received over the phone. (Saved a trip to the post office and postage)



     
  8. DeniseM

    DeniseM Moderator

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    Not registered mail - certified mail.
     
    controller1 likes this.
  9. taterhed

    taterhed TUG Member

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    Just to be perfectly clear:
    • If the contract documents specify a specific method of cancellation, then that method/address/instructions should be followed
    • In addition to the above instructions, USPS, certified mail with return receipt is almost always an acceptable legal method of notification. Other methods may NOT be legally sufficient.
    • The postmark date is the determination for rescission period in most cases.
    • Sending a 'Fax' as well as the certified letter is ok. It's not necessary, but it's ok. All document should be identical copies--don't send multiple different documents. A fax should NOT be used in lieu of following contract instructions or the certified letter as specified above.
    • Note that timeshare sales are covered (AFAIK) in all 50 states. The sale of vacation clubs, packages and samplers are not necessarily covered. This varies by state. If the contract contains rescission/cancellation instructions, then those instructions are valid--so long as they do not countermand state/federal/local laws (etc.) They can be more lenient...but they can't void state laws.
    I'm not a lawyer....good luck. Free advice, not worth a penny, but can save you thousands of $$$$$$$$$$
     
  10. Sandy VDH

    Sandy VDH TUG Review Crew: Elite TUG Member

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    Do EXACTLY what it says in the instructions.
     
  11. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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    If an Explorer package is some kind of 'trial, or sampler' package, it may not be considered a TS and not be eligible for rescission.
     
  12. controller1

    controller1 TUG Member

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    Per actual experience, Explorer packages do have a rescission period.
     
  13. dioxide45

    dioxide45 TUG Review Crew: Veteran TUG Member

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    You can always do both.
     
  14. dioxide45

    dioxide45 TUG Review Crew: Veteran TUG Member

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    I think it may depend on the state.
     
  15. controller1

    controller1 TUG Member

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    My rescission was for Westin Lagunamar in 2015.
     
  16. taterhed

    taterhed TUG Member

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    If the contract says you can rescind, you can rescind. If state law says you can rescind then you can rescind.

    Sent from my SM-N950U using Tapatalk
     
  17. maggiesmom

    maggiesmom TUG Member

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    She sent me a picture of cancellation, but I don't know how to attach it here.:crash:
    So here it is:(Very long)

    Cancelations and refunds
    You may cancel this agreement without any penalty or obligation, except for any credit transferred from another package, within 10 calendar days after the date you sign this agreement. If you decide to cancel this agreement, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and can be sent via facsimile to: 407-903-4718 or by mail to 9002 San Marco Court,Orlando, FL 32819, Attn: Document Administration. The refund shall be with in 20 business days after receipt of notice of, Any attempt to obtain a waiver of your cancelation rights is unlawful. Other than is provided in this paragraph, you will not be entitled to a refund of any payments made hereunder.
    If you execute a purchase contract for a timeshare period, Section 721.08, Florida Statutes,(Escrow Accounts) will apply to any new funds or other property received from you or on your behalf. Section 721.10, Florida Statutes, (Cancellation) Will apply to the purchase and you will not be entitled to a cancelation refund or a short- term product. In this instance, "short-term product" me ans this Explorer Package.
     
    Last edited: Jul 7, 2018
  18. taterhed

    taterhed TUG Member

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    Yup. So it says you can cancel....therefore you can.

    As stated: I'd mail a cert/rtn receipt letter to the address listed and (if desired) fax same letter to fax listed.

    Done deal.
     
  19. maggiesmom

    maggiesmom TUG Member

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    Update
    My friend received an email from the sales team asking why she canceled. I told her don't reply.
    She said her refund could take up to15 days to process from the date on email.

    She wondering when they(SPG) will remove the points from her SPG account. I told not to worry, if it's still there after the refund comes in call SPG.
    Thanks guys for your help and support for my friends.
     
    taterhed likes this.

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