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Rescinding a westin nanea options timeshare

dioxide45

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For legal purposes the date on the stamp from the machine is not considered a postmark since there is no evidence that the item wasn't mailed at a later date with that stamp.

If a postmark is truly what is needed, then @purpledog25 is SOL unless Vistana is like a government agency and when a deadline is on a Sunday or Holiday then the next business day is considered the deadline.
Could you mail it with a priority flat rate envelope from one of those machines? It would print a label instead of a stamp from the machine.
 

controller1

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Could you mail it with a priority flat rate envelope from one of those machines? It would print a label instead of a stamp from the machine.

See my edited response above. The tracking label will be scanned on Monday as that will be the date the post office determines as the mailing date.
 

dioxide45

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See my edited response above. The tracking label will be scanned on Monday as that will be the date the post office determines as the mailing date.
True, but I don't think they would mark it with a post mark. So Vistana would only see the date on the label. It certainly doesn't hurt to try. At this points, nothing to lose.
 

controller1

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True, but I don't think they would mark it with a post mark. So Vistana would only see the date on the label. It certainly doesn't hurt to try. At this points, nothing to lose.

True, no post mark would be added. And true there is only something to be gained.
 

DavidnRobin

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Vistana will not care if off by a day - they are a legit Corp - but get it sent now!
Plus - I think it is business days...


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RX8

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I need help cause I just purchased the same timeshare. I have until midnight tomorrow night to cancel. My question is, how do I get it delivered by midnight tomorrow? I’m in California and timeshare is in Maui.

While some states have business days both CA and HI have seven calendar days. Hawaii also allows one to personally deliver the rescission but that doesn’t help you since you are back in CA. I haven’t seen this come up before when the last day falls on a Sunday but I would think one could argue that you didn’t get the full seven days to rescind since you cannot mail and you cannot personally deliver the rescission.

My suggestion is to see if you can get a fax number and send the rescission via fax. State that you are faxing because you are unable to mail due to no mail service today. I would also mail a rescission letter tomorrow. Another option, if there is a tugger at Nanea now, is to see if they would hand deliver your letter for you. I wouldn’t think Nanea would ask for an ID.

If you had purchased Westgate then you would for sure be SOL as they would be relentless to hold you to the contract. However, as another stated, you purchased from a legit company and they may very likely honor your rescission even if you just mailed it tomorrow. I wouldn’t rely on that though as you have thousands of dollars at stake. At the very least things you do today may be the proof you need to show that you at least tried to rescind during the rescission period.
 

Kebab

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Just arrived home last night after finding this forum the night before. First thank you to everyone that has built this community. I still have 3 days left on my right to cancellation form (state of california) put 10% down via credit card. My main question at this stage is i have 2 addresses to send this form to VSE pacific in orando and hawaii, i was also going to get ahold of my credit card company for someplace to forward this cancellation notice to them as way of additional proof of timeliness if any disputes arrive. Should i do anything else? Form just has a signature line for the spouse and myself and a place for a date. No fax number or any other mentioned document to include.

Thank you all.
@richter - did you have any issues with your rescission? What about the items you kept for the $25 fee? We just submitted our rescission and I want to follow up with them but not sure who to contact. Also, we kept the sales materials and items they gave us. I figured $25 fee was nothing compared to shipping it all back to them.
 

Grammarhero

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@richter - did you have any issues with your rescission? What about the items you kept for the $25 fee? We just submitted our rescission and I want to follow up with them but not sure who to contact. Also, we kept the sales materials and items they gave us. I figured $25 fee was nothing compared to shipping it all back to them.

Did you reply in the wrong thread? I don’t even see the earlier richter post


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bogey21

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Check on the Internet. There may be a PO open 24 hours a day somewhere near you. Years ago I often used one in the DFW Airport complex. You might get lucky. You never know if you don't check...

George
 

jackball

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I would consider taking a video of yourself placing the envelope(s) in the mail on time. Document by speaking the time and date into the video. Perhaps also include a shot of your watch or something that hopefully shows the time and date. Every 7 day period necessarily includes a Saturday and Sunday. If you place it in the mailbox on time, you have done what is required. These additional steps will help you prove that you did.
 
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