[2016] Rescinding Wyndham Contract

[Cyrus24]

The letter was sent and postmarked today? All you can do is wait. The day count is generally without regard to weekends and holidays. You could certainly argue that it was dropped in the box on 6/16/18.

 

[KaylaD]

The letter was sent and postmarked today? All you can do is wait. The day count is generally without regard to weekends and holidays. You could certainly argue that it was dropped in the box on 6/16/18.

Yeah my letter was typed and signed on the 15th and it’s on the actual rescind paper but when I went up there to drop it they were closed and not reopened till Monday (today) so I had no other choice! I feel that I am screwed and their fraudulent company will get away with doing this to a young family and I am physically sick waiting and reading all the reviews of this company!

 

[Passepartout]

Yeah my letter was typed and signed on the 15th and it’s on the actual rescind paper

They MIGHT (no guarantee) go by the date on the letter as showing that your INTENT was to rescind within the legitimate time frame, but it's a long shot.

 

[KaylaD]

They MIGHT (no guarantee) go by the date on the letter as showing that your INTENT was to rescind within the legitimate time frame, but it's a long shot.

That’s what I’m truly hoping and praying for!

 

[Lisa P]

For any reader's benefit, I'd just say... rescinding is not done in person, by phone, or by email. It is done by regular postal mail, preferably certified mail. Other approaches waste your time and energy - they are generally not in the protection laws or in your contract because what is written is King.

State laws where the timeshare is purchased will determine your consumer protections regarding timeshare purchases. In some states, Saturdays and/or Sundays do not "count" in the number of days you have to get a postmark on your rescission letter. In some states, all calendar days are counted, regardless of whether the post office is open or not. You should know that in many locations, mail that is dropped into a mail slot inside the lobby of a post office (ex., a Saturday when the counter is closed) may still be postmarked that day (or not). If it was me, and that date mattered, I would put one letter into the mail slot ASAP and follow with a copy sent by certified mail as soon as the post office was again open.

Kayla, I hope that by sending your letter now, it will work out for you. No harm in trying.

 

[KaylaD]

For any reader's benefit, I'd just say... rescinding is not done in person, by phone, or by email. It is done by regular postal mail, preferably certified mail. Other approaches waste your time and energy - they are generally not in the protection laws or in your contract because what is written is King.

State laws where the timeshare is purchased will determine your consumer protections regarding timeshare purchases. In some states, Saturdays and/or Sundays do not "count" in the number of days you have to get a postmark on your rescission letter. In some states, all calendar days are counted, regardless of whether the post office is open or not. You should know that in many locations, mail that is dropped into a mail slot inside the lobby of a post office (ex., a Saturday when the counter is closed) may still be postmarked that day (or not). If it was me, and that date mattered, I would put one letter into the mail slot ASAP and follow with a copy sent by certified mail as soon as the post office was again open.

Kayla, I hope that by sending your letter now, it will work out for you. No harm in trying.

You are right I should have dropped the letter on Friday anyway and then went back Monday and sent it certified . But this sorry company probably would have thrown it out anyway. Still trying to have hope! I called PayPal credit where they took out a line of credit for the down payment and they told me if they don’t approve it then I can dispute the charge. At least give them a headache too

 

[Passepartout]

You are right I should have dropped the letter on Friday anyway and then went back Monday and sent it certified . But this sorry company probably would have thrown it out anyway. Still trying to have hope! I called PayPal credit where they took out a line of credit for the down payment and they told me if they don’t approve it then I can dispute the charge. At least give them a headache too

Let's cross that bridge when (if) we come to it. I truly believe that if push comes to shove, you can show that you made a good-faith effort to rescind within the allowable time period, and frankly were an unwilling buyer in the first place (not that ANYONE goes to presentations prepared to buy). You might get calls from the salesweasel trying to talk you out of the rescission. Ordinarily, we say to NEVER answer their calls. They have answers to any argument you can come up with, but I think in your case, that you are just angry enough about it- and the rescission period is over anyway, that you are pretty much immune from their 'charms'. If they DO call (no guarantee), you'll know that they got the letter and that the rescission is in process. No call could mean that the next contact might be a 'Welcome to Wyndham' letter. We just don't know.

Fingers crossed

Jim

 

[taterhed]

A quick note....

I'm certainly not trying to make things worse or trying to start an argument or anything of the sort.
Wyndham is not necessarily the best company out there, but calling them 'sorry' isn't a path I'd start down if I were you.

Many folks here on TUG started just like you. They heard a sales pitch--some of it true, some of it....well, more sales than truth. But they, like you, wanted an opportunity to spend time with their families or friends and have a better vacation. You signed a contract with eyes wide open....and laws to provide you with the right to rescind. You are not alone. Many folks here have learned to love timeshares....despite starting with a developer purchase.

I understand that you made a good attempt to rescind....I wish you much luck and hope it comes out ok....but vilifying the company won't help you.

If you end up being an owner... let's hope your rescission request is honored...you'll need to learn how to use and enjoy what you bought. Timeshares really do offer a great opportunity to enjoy your vacations and Wyndham resorts have a lot to offer.

The worst case scenario here isn't being 'stuck' with what you bought....it's letting it ruin your outlook and experiences on vacations; the time when you're supposed to have fun and relax and regenerate.

So, again, my heart goes out to you. I wish you success with the rescission letter. But, if you become a Wyndham owner now or buy another timeshare in the future.....please learn from the great folks here at TUG how to make the most of your timeshare and vacation plans.

Trust me: making vacation plans because you already paid for them.....isn't the worst problem in the world #firstworldproblems and can bring your family closer if you let it.

cheers.

 

[Braindead]

For any reader's benefit, I'd just say... rescinding is not done in person, by phone, or by email. It is done by regular postal mail, preferably certified mail. Other approaches waste your time and energy - they are generally not in the protection laws or in your contract because what is written is King.

State laws where the timeshare is purchased will determine your consumer protections regarding timeshare purchases. In some states, Saturdays and/or Sundays do not "count" in the number of days you have to get a postmark on your rescission letter. In some states, all calendar days are counted, regardless of whether the post office is open or not. You should know that in many locations, mail that is dropped into a mail slot inside the lobby of a post office (ex., a Saturday when the counter is closed) may still be postmarked that day (or not). If it was me, and that date mattered, I would put one letter into the mail slot ASAP and follow with a copy sent by certified mail as soon as the post office was again open.

Kayla, I hope that by sending your letter now, it will work out for you. No harm in trying.

I pretty sure my last Wyndham contract specifically stated CERTIFIED mail. A contract a couple of years ago also accepted a faxed rescission but I don’t think the fax number shows anymore but diffferent state laws may effect on legal ways to rescind

 

[bendadin]

I rescinded via fax on Friday. I also used FedEx and USPS certified mail on the same day and those letters were received yesterday. This morning my account shows the PICs and excess RT had been removed, my program fee had been rolled back, and my additional programs had been amended. We also walked in the door before we headed out and told them that we were rescinding. They told us to follow the instructions in the contract and thank you very much for returning the Amazon Fire. Now, had they listened to our wishes last week, it would have saved a lot of hassle and backtracking.

But in the end, this doesn't dissuade us or sour us on Wyndham (well okay, no sales update ever again for us.)

 

[Richelle]

Ok, so it looks like we just pretty much got the same deal, and after feeling like we were pressured into moving on a deal that would not be there later, we caved. Knowing during the signing I had 5 days to cancel allows me to come home and regroup. My question is how do I go about getting the same package/better on the resale area. They made it sound we could only get to VIP if we purchase 400,000 points and the only way to get the Wyndham Club Access was through them.

I guess I should be rescinding as well it seems.

You have to have minimum of 400k eligible points to be VIP. PIC points are eligible. I posted a new Thread called "Minimum purchase to enroll a PIC that explains it", but in a nutshell, i bought a fixed week on ebay for $28 total (including closing and transfer costs). I made a retail purchase through Wyndham corporate and enrolled that fixed week into the PIC Plus program. That fixed week gets me 254,000 pits that are eligible for VIP status and bookings. If you buy (2) three bedroom fixed weeks on ebay and buy a small package through corporate ($10k, give to take a couple thousand depending on what you buy and what you negotiate), you can have Silver VIP for that price. You still have to pay the maintenance fees for both the fixed weeks and the Wyndham program fee of 58 cents per 1,000 points, but the MF per 1k points is cheaper if you keep the maintenance fees under $850 a year. Also, that 254,000 points cost me $28. If I would have bought those points straight up, it would have cost me at least $50k at the resort.

You should still rescind. I still recommend ebay if VIP, Club Pass, and Plus Partners is not important to you. If you want to use those PIC points for booking, it' an $89 fee per fixed week and there is a process to do that. You do not have to pay the fee to have them eligible for VIP status.

 

[taterhed]

Ok, so it looks like we just pretty much got the same deal, and after feeling like we were pressured into moving on a deal that would not be there later, we caved. Knowing during the signing I had 5 days to cancel allows me to come home and regroup. My question is how do I go about getting the same package/better on the resale area. They made it sound we could only get to VIP if we purchase 400,000 points and the only way to get the Wyndham Club Access was through them.

I guess I should be rescinding as well it seems.

IMHO:

What you should do is rescind now....

Why? Because you've only heard one side of the story. The 'sales' story. And that story has many versions and translations, but it's only part of the truth....and only partly truthful.

Welcome to TUG: come on in and look around. Learn from the many folks here that have expert knowledge and personal experience. You're not alone. Here's a suggestion:

1. Take your time. Find out what fits your vacation needs and goals and what's entailed in owning and using a timeshare effectively.
2. Get some advice. Figure out what will work for you--and what won't. Get advice, options and find out what's a cost-effective ownership for you. (if any!)
3. Carefully choose and study before you buy. Buying what you need and buying it right the first time is what the game is all about. After the developer prices, everything looks like a bargain. But, the devil is in the details.
   

Cheers and congrats on finding TUG

 

[paxsarah]

You have to have minimum of 400k eligible points to be VIP...

IMHO:
What you should do is rescind now....

Just to point out that although the information you both posted was informative, it was in response to a post from 2016. (Spoiler alert: he successfully rescinded. Yay!)

 

[taterhed]

Just to point out that although the information you both posted was informative, it was in response to a post from 2016. (Spoiler alert: he successfully rescinded. Yay!)

psffft.

What is up with these 'walking dead' zombie posts......on the end of old threads????
I'm a goof. Like a lemming.

I swear, there have been a slew of posters jumping on old(er) posts and commenting on rescinding and cnx letters etc......
Guess I'll scan a bit more carefully.

In any case, the advice is good.......just dated?

 

[Lisa P]

Rob, guests visiting TUG have resurrected this thread multiple times in the last 2 years, by adding a related question rather than starting a new thread to ask their questions. Most of our responses have been to those newbie questions. You looked back and saw an earlier post and responded to that too, in an effort to be helpful. That's being a Tugger.

Not a lemming...

 

[Richelle]

Just to point out that although the information you both posted was informative, it was in response to a post from 2016. (Spoiler alert: he successfully rescinded. Yay!)

Oops! Lol

 

[PJH48]

Would you mind sharing the letter you send so I have the proper wording?

Also I couldn’t find the fax number anywhere.

Hello!

We are currently staying at Bonnet Creek and went to a sales presentation on Thursday 11/17/16. After listening to all the B.S. our salesman was spewing, my husband fell hook line and sinker for the 'it will pay for itself' line . I'll admit, it sounded like a great deal with huge discounts, maintenance fees paying for themselves and being able to rent units for $2000 with no fees deducted by Wyndham!

I know, I know... we should have never been in that presentation, but I honestly did want to learn more about Wyndham as it has some awesome locations we want to try.

So now to the point of my post... After showing my husband everything I found on here (THANK YOU BTW), I've already drafted our cancelation letter and copied the first page of our contract to send to Wyndham Contact Recissions. I should thank Bonnet Creek for letting me print those items free of charge lol. I feel fairly confident that the process will work as it's supposed to thanks to reading everyone's posts on here, but my main concern is what to do with the items given during our purchase? We received an Amazon Fire tablet with a lot of the literature loaded on to it. What should I do with it? Does it need to go back with my letter?

Also, we were approved for a PayPal credit line for the entire purchase amount. Has anyone had any issues getting that credited back to $0?

Another stupid move on my part was trying to handle this immediately the next morning by going to the sales department and trying to give it back (the tablet). All that got me was another sit down with our salesman and him blatantly lying about the rescission period. He claimed it was 15 days repeatedly until I called him out and said the contract we signed clearly stated 10. He also gave me his cell number and asked I call him after work hours so he can give me all the tricks to making money of this 'investment' lol.

So now, we have our letter signed and ready to send and I've found a fax number as well. If anyone could advise as to what to do with all of our literature, I'd greatly appreciate it! I'd also appreciate any additional contact information to follow up this process such as emails or phone numbers.

Thanks again!

CONGRATS!! Dodged a bullet there!

 

[Passepartout]

Would you mind sharing the letter you send so I have the proper wording?

Also I couldn’t find the fax number anywhere.

No need for 'proper wording'. Just include the contract #, the date signed, and signatures of all that signed the contract. Much has been argued either way, but we prefer that USPS Certified with return receipt gives YOU the best proof of both that you mailed it on time AND that it was received and signed for. The instructions are near the end of your contract. Follow them exactly.

 

[Braindead]

Rescission information should be on the last page of the contract just above your signature. Keep the rescission letter simple.
I am/ We are canceling contract number _ _ _ _ _ _ _ purchased at _ _ _ _ _ _ Resort
Sign and date.
Print name

Just make sure everyone that is on and signed the contract also signs and dates the rescission letter.
Use USPS certified mail so you can track delivery and print confirmation that it was delivered.

702-304-4217 Attention Rescission Department. That used to be in the contract as a Rescinding option with the address but Wyndham took it out.
Let us know if that fax # is no longer good

I would recommend sending Certified NO return receipt. There’s been confusion and anxiety on return receipt because if you send it to the PO Box in might sit there for a few days. Send certified track it and print that off for proof of rescinding date.

 

[Braindead]

Would you mind sharing the letter you send so I have the proper wording?

Also I couldn’t find the fax number anywhere.

I screwed up posting and didn’t respond to you. Just read my previous post.

 

[taterhed]

I would recommend sending Certified NO return receipt. There’s been confusion and anxiety on return receipt because if you send it to the PO Box in might sit there for a few days. Send certified track it and print that off for proof of rescinding date.

Certified mail is adequate.

Whether the recipient actually collects the mail---is totally irrelevant. If you have a copy of the document, the mailing receipt mailed inside the deadline....then you are good (unless the seller receives a defective document). Claims that 'we didn't receive the document in time' are not valid. Check the law. Postmark date establishes the time.

 

[Braindead]

Certified mail is adequate.

Whether the recipient actually collects the mail---is totally irrelevant. If you have a copy of the document, the mailing receipt mailed inside the deadline....then you are good (unless the seller receives a defective document). Claims that 'we didn't receive the document in time' are not valid. Check the law. Postmark date establishes the time.

Agree 100%!! That’s why I advise Certified NO return receipt. It doesn’t matter how long it takes Wyndham to pickup the mail.
Just track the certified letter and print off ounce its delivered. That’s all the proof you need for postmark date and that Wyndham received the letter. Postmark date is the day of rescission no argument there.

 

[HitchHiker71]

There's a sticky in one section on how to cancel/rescind a timeshare contract here:

https://www.tugbbs.com/forums/index...-rescind-cancel-my-timeshare-purchase.189301/

I think this same sticky should exist in every sub-forum, as people often come to the specific timeshare forum in search of advice for that specific timeshare company for rescission. Just my two cents of course.

 

[krissygov]

Hi all just joined TUG and this chat forum seems very enlightening. Just to be sure I have not missed a step...We signed our contract with Wyndham on 9/2/18, we sent a rescinded letter on the 5th. Per our contract we had 10 days to do so. I went to our UPS store and sent the letter and Kindle back via certified mail. I sent to the Las Vegas address. To confirm there is no phone number I can call to verify that they received everything within the 10 day time frame? Of course this makes me a little nervous as I am receiving phone calls now welcoming us to the Wyndham family...

 

[Passepartout]

Hi all just joined TUG and this chat forum seems very enlightening. Just to be sure I have not missed a step...We signed our contract with Wyndham on 9/2/18, we sent a rescinded letter on the 5th. Per our contract we had 10 days to do so. I went to our UPS store and sent the letter and Kindle back via certified mail. I sent to the Las Vegas address. To confirm there is no phone number I can call to verify that they received everything within the 10 day time frame? Of course this makes me a little nervous as I am receiving phone calls now welcoming us to the Wyndham family...

They are under no obligation to inform you of the progress of your rescission- but they ARE obligated to process the rescission. I think you will be fine. I suspect that the reason you're getting the welcome calls is that the two departments- sales and rescission- don't know what the other is doing. Just keep the receipt showing that you sent the letter off in time if it should come up.- or for that matter, should you get a bill for the Kindle. Sending a copy of the shipping receipt should end any confusion.

Welcome to TUG!

Jim