[ 2011 ] Holiday Inn Vacation Club - Rescission

[newbieowner11]

I recently purchased a timeshare from (HIVC) Holiday Inn Vacation Club - Orange Lake Resorts in Orlando, Florida.

I was swept in by the sales pitch and made a spur of the moment purchase. After doing some thinking and reading the threads in this forum and around the web, this might not be the best option for me right now. So I'm thinking of backing out while I still have the chance to.

I am still within the 10 day recission period, and have read that I should follow the recission instructions listed in the contract to the tee.
However, I was not show to find any such instructions or anything related to recission in the copies of my contract.

What should I do?
Should I just send in a recission letter (what if they say my recission is not valid because I didn't follow "instructions"?)
Should I call the salesperson and ask about the steps? (or call the "quality assurance manager"?)
Or does anyone have a copy of the recission instructions for HIVC?

Would the recission also cancel the loan/mortagage they gave me?
Will it affect my credit score/rating?

I still have about 6 days left...

Would appreciate anyone's help or advice!

 

[Passepartout]

Welcome to TUG. We're so glad you found us in time.

Absolutely rescind. You can get a really nice TS for pennies in today's market, but first get released from the one you bought.

The address WILL be in your contract where to send a rescission letter. It won't be prominent. You simply write something like, "I want to exercise my right of rescission on contract #xxxxx-xxx dated 12/xx/2011. Return any and all down payments to me."

As you said, follow the instructions in the contract. Barring that, sending the letter certified, with delivery receipt, postmarked within the rescission period should cover it

Don't call the sales office. Expect calls to sweeten the deal or talk you out of rescission.

Good luck!

When you get confirmation from them, and if you still want to think about timeshare vacations, come back here. Learn about the various systems and then you will be an informed consumer. You'll find that most of us own several, we use them often and simply can't imagine vacationing any other way. We just learned to buy them resale, and how to squeeze more vacation out of less maintenance fees.

Jim Ricks

 

[pedro47]

Welcome to TUG. We're so glad you found us in time.

Absolutely rescind. You can get a really nice TS for pennies in today's market, but first get released from the one you bought.

The address WILL be in your contract where to send a rescission letter. It won't be prominent. You simply write something like, "I want to exercise my right of rescission on contract #xxxxx-xxx dated 12/xx/2011. Return any and all down payments to me."

As you said, follow the instructions in the contract. Barring that, sending the letter certified, with delivery receipt, postmarked within the rescission period should cover it

Don't call the sales office. Expect calls to sweeten the deal or talk you out of rescission.

Good luck!

When you get confirmation from them, and if you still want to think about timeshare vacations, come back here. Learn about the various systems and then you will be an informed consumer. You'll find that most of us own several, we use them often and simply can't imagine vacationing any other way. We just learned to buy them resale, and how to squeeze more vacation out of less maintenance fees.

Jim Ricks

This is great advice !!! Rescind!!! Rescind !!! Rescind right now follow the instruction in your contract and Rescind.

 

[newbieowner11]

Wow, thanks for the quick responses.

That's the thing, I cant find any instructions on rescinding in the contract.
I've read through everything in my contract.

 

[Passepartout]

You got instructions in #2. You need an address. Trust me. It's in the contract. If you can't locate it, as a last resort (!) send your rescission letter- as I said, it doesn't need to be fancy- certified w/delivery receipt to the sales office. Keep original contract, send copies if you want, but get it off on Monday so you have the earliest possible postmark.

Holiday Inn is a reputable outfit and will know that you are within your rights. They have no choice but to honor your wishes.

If it were certain Mexican outfits I'd have reservations, but if you are within the legally allowable rescission timeframe, you'll be fine. The contract will be cancelled and your down payment will be returned. It may take a while for your credit card to show the refund, but you'll get it.

Jim

 

[newbieowner11]

Ahhh ok, thanks Jim!
Will send the letter right away.

 

[DeniseM]

Here is an article about rescinding, it was written for a different resort, but everything else applies to you - http://www.tugbbs.com/forums/showthread.php?t=74493

 

[chrispy08]

glad you found TUG in time,my family loves OLCC and we go there every year, bought a fixed week resale there and for now, that's where we go.

 

[theo]

Keep looking...

I cant find any instructions on rescinding in the contract. I've read through everything in my contract.

The law clearly and absolutely requires that cancellation / rescission rights and instructions be provided to you, in writing, right along with the other contractual documents at time of purchase. More often than not, it's "smaller print" info found somewhere near the end of the signature page, but...

It may be provided as an entirely separate document. If the latter, you certainly would not be the first buyer to discover that your sales weasel somehow just conveniently "forgot" to provide and include that particular page. That "oversight" does not in any way impact or negate your rescission rights, which you seem to somehow already know is a 10 day period in the state of Florida.

 

[dwojo]

Send the letter rescinding your purchase certified so you get delivery confirmation

 

[newbieowner11]

Yup, I rechecked my documents again and was able to find the instructions. Must've missed it the first lookaround as the pages were double-sided and they were stapled weird.

Thanks for the help everyone. I've drafted my letter and am sending it tomorrow.

 

[theo]

Follow the instructions PRECISELY...

Yup, I rechecked my documents again and was able to find the instructions. Must've missed it the first lookaround as the pages were double-sided and they were stapled weird.

Thanks for the help everyone. I've drafted my letter and am sending it tomorrow.

Keep copies of everything you send and be very certain to use only the delivery method specified.
If the instructions specify use of U.S. Mail, as is likely, send your cancellation by certified mail in order to create and possess documentary proof of having met the postmark deadline. You may also choose "return receipt requested", but that return receipt component is neither legally necessary nor relevant if you simply follow all of the instructions precisely and can (...if necessary later) conclusively prove the postmark date of your rescission. When it is actually received matters not at all, in the final analysis.

Don't send any emails or faxes --- and stay off the phone on this matter. Fyi, the soon-to-be disappointed sales weasels are not actually required by law to provide you with any confirmation or acknowledgement regarding your rescission, although they may opt to contact you (...first, of course, in a last ditch effort to salvage their sale and their commission). They are legally required to process your rescission / cancellation and refund, but they really have no other obligation to "update" you during the actual process of doing so...

You're dodging a bullet here and reversing an expensive mistake before it's too late. Good job, well done --- and congratulations!

 

[babes16]

I bought a Holiday Inn Club Vacay TS at Orange lake 2 days ago. Im from Toronto do I have to mail it in Buffalo or Canada Post is sufficient? we have contacted AMEX about it but they said to contact the company then get back to AMEX after. Any urgent suggestion is much appreciated thanks.

 

[simpsontruckdriver]

If you're still in the USA, put your letter in the mail before you leave. I believe a postmark is a postmark, whether from the USA or Canada. If it's postmarked during the Recission Period, yet Orange Lake does not rescind, you could file a lawsuit. So, as long as the postmark is during the RP, you should be OK.

TS

 

[LannyPC]

From a Fellow Canadian

I bought a Holiday Inn Club Vacay TS at Orange lake 2 days ago. Im from Toronto do I have to mail it in Buffalo or Canada Post is sufficient? we have contacted AMEX about it but they said to contact the company then get back to AMEX after. Any urgent suggestion is much appreciated thanks.

First and most importantly, follow the rescission instructions carefully and promptly. After you have done that, if it's not too inconvenient, could you answer these questions for me as we were in a similar boat (except we did not make the purchase):

Are you currently an owner at OLCC?

How much did you pay for the Vacay TS? Was it a "new" TS or just an upgrade?

What "benefits" were offered to you?

 

[babes16]

Thanks simpsontruckdriver for the response. My husband took the extra effort to drive to Buffalo this morning around 9:00 just to be sure . The closest U.S. post office was only about 1 hour away from us. It was registered mail and overnight delivery. As a plus he took me to the Outlet Mall before heading back home.

 

[babes16]

LannyPC,

It was a new TS we didn't have any clue what a TS was all about until my husband researched about OLCC as soon as we landed back in Toronto. The purchase was around $9000. As for benefits the agent/s said the points could be redeemed for staying in any of their resorts in w/c accommodation will depend on how much points you have. It was good that you were able resist their "charm". I hope everything goes smoothly since I rescinded within the 10 day cooling period. Now we know better. We had a great vacation deal from our travel agent in the first place. So we will take that route .

 

[S1L1K0N]

We were given the presentation at Orange Lake in Kissimmee, FL., on May 23/13 and after saying no twice during the sales pitch we were presented w/ a bi-annual in Vermont for $11k and ~101,000 Holiday Inn Club Vacation points every two years (I can't remember the bi-annual maintenance costs at the moment). At this point, we had been at the presentation for about two and half hours and were starting to think this might be advantageous to us as we like to travel to different places from time to time as a family; and they way it was presented is that we were really 'buying the points' to spend where we wanted to go. Plus, we were staying on the resort as a promo through Holiday Inns and our oldest daughter was in the suite watching our youngest and we wanted to get going so we thought let's do it.

Once everything was finalized (about an hour later) we went about the rest of the day thinking we were getting a good deal for what we paid. Later that evening I discovered this site and realized we had probably made a mistake. We were still going to be in Florida until the 26th, so we decided we'd wait until we arrived home to do some further investigation and try not to worry about our decision as we didn't want to spoil the trip. To make a long story short, we did some further reading, and a lot of what we learned was from this site. We mailed a letter of rescission (using the hard to find address and instructions that came w/ the sales documentation) Tuesday, May 28/13 using Priority Post (overnight from Winnipeg to Orlando) through Canada Post. The rescission letter was received/signed-for on May 29/13 and I phoned them on Friday, May 31/13 to check on the status of the contract. At that time, they said the account still showed that it was in the normal state and the girl at the Quality Assurance desk asked us to phone back Monday or Tuesday as it usually takes a few days for the rescission to get processed in the system. I'm happy to report that my wife called them today and they reported that the contract was cancelled and that we can expect a refund of our deposit within 21 days.

We may still consider purchasing a time-share in the future, but it will definitely be on the re-sale market (after looking at the re-sale prices on this website) and are VERY grateful that we discovered this site.

Below is a copy of our rescission letter, w/ our names and contract info edited out.


Orange Lake Country Club, Inc.
8505 W. Irlo Bronson Memorial Highway
Kissimmee, FL 34747
407-905-1703

May 27, 2013

Attention Customer Service / Quality Assurance,

RE: Rescission of Contract XXXXXXX

We <Owner1> and <Owner2> are exercising our legal right of rescission on contract # XXXXXXX dated M-DD-YY (MO DAY, YEAR) for the property located at <Resort Name>, Unit XX/YYYY ZZZ. Return any and all down payments to the credit card used (<CreditCard> ending with XXXX).

Please provide us with a written response showing you have received this letter within the rescission period.

Sincerely,





<Owner1> <Owner2>

 

[simpsontruckdriver]

FYI, you can buy an Annual Fixed Week at Orange Lake CC (Kissimmee) for less than $200 on eBay. If you want to convert to points, they'll charge around $3000. Either way, it is FAR cheaper than $11000 for an Every-Other-Year contract! Basically, the high-priority times (summer and last weeks of December) go for $100+, while low demand times go for $100 or less. No matter what time you buy resale, RCI considers OLCC a Red Week Gold Crown resort.

TS

 

[LannyPC]

The rescission letter was received/signed-for on May 29/13 and I phoned them on Friday, May 31/13 to check on the status of the contract. At that time, they said the account still showed that it was in the normal state and the girl at the Quality Assurance desk asked us to phone back Monday or Tuesday as it usually takes a few days for the rescission to get processed in the system. I'm happy to report that my wife called them today and they reported that the contract was cancelled and that we can expect a refund of our deposit within 21 days.

Wow, i have to give those people credit. Usually the mantra here on TUG is to not talk to anyone at the resort while your rescission request is being processed because those people will usually try to talk you into reversing your decision to rescind.

Anyway, very smart of you to find TUG and follow the recommendation to rescind.

Now that you have found TUG, keep checking this site once in a while for information and suggestions on how to go about using (whether purchasing or renting) timeshares.

 

[S1L1K0N]

Wow, i have to give those people credit. Usually the mantra here on TUG is to not talk to anyone at the resort while your rescission request is being processed because those people will usually try to talk you into reversing your decision to rescind.

Anyway, very smart of you to find TUG and follow the recommendation to rescind.

Now that you have found TUG, keep checking this site once in a while for information and suggestions on how to go about using (whether purchasing or renting) timeshares.

Yeah, we used the phone number on the 'New Owner's Card' that they provided (the same phone number in the rescission letter), brings you to the receptionist/admin assistant at the Quality Assurance office. I never asked to speak to anyone, we just asked her if she could determine the status of the account. My guess is she's not on commission? Really feel like we dodged a bullet, we really had no desire to purchase, and looking back on it I almost feel like we said yes just so we could get out of the sales presentation. Of course, it cost us nearly $49 CDN to get the letter to Orlando the next day, but it was worth it.

 

[LannyPC]

we really had no desire to purchase, and looking back on it I almost feel like we said yes just so we could get out of the sales presentation.

Which appears to be the MOs of these sales presentations --- wear down the potential buyers until they cave in; after all, they're on vacation and they don't want to waste so much time here so keep them hostage until they buckle.

 

[S1L1K0N]

We received a rescission confirmation letter from Orange Lake today, along w/ the receipt for the deposit refund. I had checked our credit card online two days ago and the refund was already posted. In total, it was 11 business days from the day they received the rescission notice letter to the day we received our confirmation. One of the bright spots of dealing w/ a reputable company I suppose is that they follow the law.

 

[theo]

No other choice...

<snip> One of the bright spots of dealing w/ a reputable company I suppose is that they follow the law.

No timeshare developer company, reputable or otherwise, has any other option other than to fully comply with applicable state law regarding timeshare purchase contract rescission; they simply have no choice.
Even Westgate complies...

 

[danny.tracy.37]

We received a rescission confirmation letter from Orange Lake today, along w/ the receipt for the deposit refund. I had checked our credit card online two days ago and the refund was already posted. In total, it was 11 business days from the day they received the rescission notice letter to the day we received our confirmation. One of the bright spots of dealing w/ a reputable company I suppose is that they follow the law.

Please can you give me the correct address to Orange Lake so I can also send my cancellation/rescission letter. Thank you so much.

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