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[ 2013 ] one more to rescind and need help!

kumar2k

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Hello,

continuing the chain of people falling prey to the developer's marketing gimmicks, we are going through the buyer's remorse ourselves.

I am within the 10 day period and have drafted a word document to be mailed in the next couple of hours to HGVC to rescind along with the copy of the contract.

The rescission statement reads as this :
"You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida Statutes, whichever is later. Your notice cancellation shall be effective upon the date sent and shall be sent to Seller at Contract Services - Rescission .......******** Florida. Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all Closing documents in advance, the Closing, as evidenced by delivery of the Deed or other document, before expiration of your ten (10) calendar day cancellation period, is prohibited."

Also as a foot note they have "for purposes of Sections 721.06(1)(g) and 721.065(c), Florida Statutes, shall mean that a written notice of cancellation is delivered, by any means, which may include certified mail, return receipt requested, to the entity designated to receive the notice of cancellation in the statement required by Sections 721.06(1)(g) or 721.065(2)(c), Florida Statutes."

Bear with me (read as my paranoia) for all the above details. my questions are
1. in the footnote the words by any means, which may include .... tells me I could also fedex this. This is what I am planning to do: I will send one copy by certified mail with return receipt. I will also send another copy tonight by Fedex next day delivery.

Will that sort of fool proof my cancellation? If FedEx reaches before certified mail (which I think it will), would not cause any issues I guess, right?

Please let me know your thoughts.
Last but not the least, I can't believe we did this and fell for this!!!
Thanks a bunch TUG users.


BTW, my rescission letter reads like this

FROM {US}

TO {HGVC contact info}

DATE: {TODAY}

REF : { CONTRACT #, # of Points, # Frequency, MEMBER#, BONUS POINTS #}

To Whom it May Concern:


We, the undersigned, are exercising our legal rights and hereby rescind our recent purchase per Contract # , XX points at the location details and the XXXX bonus points awarded as per the contract.

The property was purchased on XXX Date at the Hilton Garden Vacation location in Orlando, FL, known as Parc Soleil Suites by Hilton Grand Vacations.

Enclosed is a copy of the contract you have provided us. We ask that you refund in full the amount we paid towards the purchase ($XXX.XX) and cancel this transaction forthwith.

{Signed by US}

Is this good enough to cover ourselves?
 
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TUGBrian

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what are the details in the cancellation section of your purchase agreement?
 

Rent_Share

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IMHO I would send it Certified Mail Return Receipt Requested. Your recession is effective upon acceptance by the post office not receipt at the addresss


Based on the footnote

Also as a foot note they have "for purposes of Sections 721.06(1)(g) and 721.065(c), Florida Statutes, shall mean that a written notice of cancellation is delivered, by any means, which may include certified mail, return receipt requested, to the entity designated to receive the notice of cancellation in the statement required by Sections 721.06(1)(g) or 721.065(2)(c), Florida Statutes."
Contract language that is open to say UPS, Fedex would say "would include, but not limited to" . . . .


You can send it as many ways as you want, to satisfy your worries, just make sure you have a signature from the Post Office that you sent at least one copy Certified Mail
 

kumar2k

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Thanks David for your reply.

TUGBrian - I have attached the cancellation statement from the contract in my original posts.
 

bogey21

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IMHO I would send it Certified Mail Return Receipt Requested. Your recession is effective upon acceptance by the post office not receipt at the address.
Anything more than the above is overkill. Just save your receipt from the Post Office and staple to it the Return Receipt Card when it is returned to you by the PO. Any thing more is a waste of money.

George
 

Rent_Share

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Hilton is not Westgate
 

kumar2k

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OK, certified mailed with return receipt. have the date stamp of today which is the 5th day.

Hopefully I should be good.

do I also go ahead and regular mail the 'packet' they gave us?

btw, by saying Hilton is not Westgate, I am assuming that Hilton is better in their service. is that right? totally new to this world of TS and not sure who Westgate or their reputation is . lol

I will keep you all posted and I will come back and update on the progress. I found that missing in many of the earlier rescind discussions.
 

55plus

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You saved yourself many thousands of dollars by rescinding. Buy yourself something nice, like a Harley, with the money you saved. Buy resell next time, but not before you understand how timeshares work and the differences in resort developers...
 

theo

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Good job, well done, congratulations...

OK, certified mailed with return receipt. have the date stamp of today which is the 5th day.

Hopefully I should be good.

do I also go ahead and regular mail the 'packet' they gave us?

btw, by saying Hilton is not Westgate, I am assuming that Hilton is better in their service. is that right? totally new to this world of TS and not sure who Westgate or their reputation is . lol

I will keep you all posted and I will come back and update on the progress. I found that missing in many of the earlier rescind discussions.
You are exercising a legal right, one clearly and plainly provided to you by applicble law. In other words, the developer sales people aren't doing you a personal favor here and, more important, they simply have no option other than to honor and process your properly and timely submitted rescission (cancellation). Period, amen. It could, however, take up to 45 days for the refund of your deposit.

The previous mention of "Wastegate" is a thinly veiled reference to the indisputable fact that Westgate is perhaps the sleaziest timeshare sales operation to be found anywhere on Planet Earth. The Westgate CEO (David Seigel) has some personal notoriety of his own, but he is not worth further discussion. The Hilton name certainly has no such associated stink or stigma.
 

Rent_Share

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btw, by saying Hilton is not Westgate, I am assuming that Hilton is better in their service. is that right?
HVGC has the reputation of being reputable, the compared one, not so much
 

krw

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Cancelling at Hilton

I recently bought the one time visit of one week in Hawaii and sent the letter to cancel per recission rights for Hilton in Hawaii via certified USPS. Hilton responded within a couple of days notifying me of acceptance and refund of the deposit. Hilton handled it very well.
 

kumar2k

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Thanks guys for all the guidance and encouragement. Certified mail I sent reached them yesterday morning. Hoping they will process this soon.

@KRW, did they call you from the QA dept as pointed out by few others in the past? or How did they respond (mode of communication) to you within two days in your case?
 

theo

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Another few cents' worth...

Thanks guys for all the guidance and encouragement. Certified mail I sent reached them yesterday morning. Hoping they will process this soon.

@KRW, did they call you from the QA dept as pointed out by few others in the past? or How did they respond (mode of communication) to you within two days in your case?
Fwiw, please note that they (the company) have no legal obligation to communicate with you at all at this point, beyond the actual processing of your cancellation and the issuance of refund of your deposit.
They may opt to call you, send you a confirmation, etc. but they have no obligation to do so.
Their only legal obligation at this juncture is to process your cancellation.
 

djs

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Fwiw, please note that they (the company) have no legal obligation to communicate with you at all at this point, beyond the actual processing of your cancellation and the issuance of refund of your deposit.
They may opt to call you, send you a confirmation, etc. but they have no obligation to do so.
Their only legal obligation at this juncture is to process your cancellation.
Of course they may opt to call you and attempt to save the deal. They might throw in a bonus week or two, or some other freebie that still won't be worth it. If you see their number come up on Caller ID, your best bet would be not to answer the phone. If for some reason they are having trouble processing your refund they will leave a message.
 

kumar2k

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Thank you!! Thank you!!! Thank you!!!!

HGVC has successfully refunded my deposit back to my credit card.
Phew! it was 10 torment days. A big hug and thanks to you all, who saved a bunch for me and my family. :whoopie:

In a nutshell following is the timeline.

got sucked into the sales pitch on March 8th @ Parc Soleil :eek:
started repenting the decision midnight of March 9th @ Parc Soleil :wall:
found TUGBBS, RESCISSION CLAUSE, and HOPE on March 11th :D
more interactions with TUGBBS Members and reading stories March 11th and 12th :cool:
Mailed the rescission letter March 12th (5th day) and the waiting period begins :shrug:
Mail reached on March 14th- Hope increases and then feeling how can I do this ! :doh:
Called the agent March 20th at HGVC Contracts department and heard the words it has been refunded today - :cheer:
Saw the money back in my CC account TODAY!!! :banana:

TONIGHT :zzz:
 

Rent_Share

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Welcome

The right timeshare (possibly rented from an owner or purchased resale) can be a wonderful vacation opportunity.

Stick around do your research

Hilton might be the right mini system, but IMHO they lack enough variety in locations.


If Wyndham is serious about adding New York they would have everything Hilton has PLUS ++++ (Chicago would give them a further heads up)
 
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timeos2

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Welcome

The right timeshare (possibly rented from an owner or purchased resale) can be a wonderful vacation opportunity.

Stick around do your research

Hilton might be the right mini system, but IMHO they lack enough variety in locations.


If Wyndham is serious about adding New York they would have everything Hilton has PLUS ++++ (Chicago would give them a further heads up)
Two huge pluses to Wyndham are the relatively low fees (and SUPER low resale cost) and the many, many locations (some unique areas for timeshares). There are minuses too but if you are aware of and minimize them Wyndham Points can represent a tremendous value in timeshare. If you buy retail Wyndham you will never get close to your value spent out in use or resale. NEVER BUY RETAIL TIMESHARE.
 

Chatty Kathy

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another rescinder

It's so unlike me to fall for something like this, but HGVC has a great sales pitch. Luckily, I found your site, and others, and realized it was not a wise decision. I've been sick to my stomach over this.

I followed the instructions in the contract and mailed my certified letter today. I'm glad I realized my mistake in time. It's good to hear that others haven't had a problem with rescinding (within the time limit).

I do really like the Hilton properties, but when I started playing with the numbers to see how much I was "saving," it just didn't add up.

Thanks to all the members here who are sharing their advice and experience!

Just to follow up, I will let you know how long it takes to get my deposit back.
 

TUGBrian

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love that these threads help people find us in time to cancel more timeshares and buy resale!!
 

Chatty Kathy

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I'm still worried that I missed some little detail.

I read something on another forum about making sure you sign your name the same way on the letter as you did on the contract.

For example, on the contract, my full name is printed (first/middle/last), and my signature is first and last name.

On the rescission letter, I printed my full name (first/middle/last), and signed it with my first/middle/last name.

I listed the date at the top of the letter vs. at the bottom next to my signature.

Is that OK? I'm completely paranoid at this point. I'm still within my 5 days, so can send a 2nd letter if needed.

Also, should I go ahead and mail back the "lovely" bag and booklets they gave me?

Thanks again for everyone's help here.
 

Passepartout

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I think your signature be fine. All you are doing is showing that your intent is to cancel the sale. If it was Wastegate, I'd say to 're-do the letter, but not HGVC. You should box up the promotional junk and send by slowest cheapest means. Or keep it until they ask or threaten to charge for it.

Jim
 

Rent_Share

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You will be fine, come back and confirm you success / savings
 

Chatty Kathy

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Deposit returned

I mailed the cancellation letter on the 9th. They signed for it on the 13th.

My deposit was refunded to my credit card account today, on the 20th. I'm so relieved!

:whoopie:

They didn't even ask for the promotional materials back.

Thanks for your help!
 

TUGBrian

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Congratulations on your successful rescission! Heres to hoping you find the same timeshare for thousands less from another TUGGER looking to sell!
 
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