Canceling Wyndham CWA

[sanjibbi]

Hi All,
Need some help. I signed a contract in South Carolina on 09/02. After coming back from vacation and reading all the documents in detail and also joining this forum, I want to cancel my contract. Sunday USPS is closed and Monday is Labor Day holiday. SC rule is 5 days ( not sure if it is 5 business days and excludes national holidays). If I post the rescission letter on Tuesday in certified mail, do you guys think I am good within the 5 days rule?

Thanks
SB

 

[Sandi Bo]

Hi All,
Need some help. I signed a contract in South Carolina on 09/02. After coming back from vacation and reading all the documents in detail and also joining this forum, I want to cancel my contract. Sunday USPS is closed and Monday is Labor Day holiday. SC rule is 5 days ( not sure if it is 5 business days and excludes national holidays). If I post the rescission letter on Tuesday in certified mail, do you guys think I am good within the 5 days rule?

Thanks
SB

Welcome to TUG, glad you found us!

Below is link to a post that is a sticky at the top of this forum. It has some excellent detail for you to refer to (a fax number and email address to use as a secondary method to rescind).

Sticky - HELP! How can I cancel/rescind my recent Wyndham timeshare purchase

How To Rescind Your Recent Wyndham Timeshare purchase This post is designed to be a quick guide on how to rescind your timeshare purchase from Wyndham. If you are not purchasing from Wyndham, or want a more in-depth guide please refer to this TUG advice article...

tugbbs.com

I can't answer about the 5 day rule. My guess would be it's business days. Someone smarter than me about that will answer soon, I am sure. I bet you are okay, and can feel a little more comfortable by sending a fax and email, as well (I know I would ).

Best of luck to you, and Welcome!

 

[ecwinch]

No, I dont think you will meet the deadline if you wait until Tuesday. The South Carolina statute says 5 days, which is generally held to be calendar days unless expressly stated as business days.

So here are a couple of options:
1) Fax and email the recession notice to Wyndham (at the fax and email below). This does not meet the legal requirement perfectly, but will help.
2) Check to see if there are any post office locations still open. In large cities, airport locations have been known to stay open up until 11pm.
3) Regardless, mail out the letter today - if just putting into the post office mailbox - as a backup. Be sure to date it for today.
4) See if you can find someone that will accept a fedex or UPS mailing (airport again).

The legal requirement is that your letter has to be mailed by the recession deadline. A proof of mailing is ideal, as it is clear evidence. But in the absence of the post mark or proof of mailing, the other methods will support that you mailed your letter by the deadline (which you should do).

From the sticky on this forum.
However, in addition, you can fax your rescission notice to 702-227-3298, and/or email the notice to rescissions.wvr@wyn.com. We strongly recommend that email and fax only be used as secondary methods, as certified mail is method that is outlined in your contract.

 

[scootr5]

Not sure if it has been tried and would hold up, but if you can not find a let USPS location you could perhaps have someone record a video of you mailing it? Closeup of the envelope address, pull back to show it being dropped in the mailbox.

 

[TheTimeTraveler]

The USPS does have 24/7 self service Kiosks in major cities. See if you can find one near you and get over there prior to midnight tonight and retain your receipt (which should indicate the date and time of mailing deposit). Short of Tuesday, this may be your only option at this point in time.

I would say you have to at least "try".

You know you have overpaid, and what you paid thousands for can be purchased on the resale market for pennies on the dollar. A great move to try and rescind.....

Best of luck!




.

 

[troy12n]

Drive to Columbia, Charleston, CHarlotte which may have a post office open on Sunday...

 

[Grammarhero]

We hope your rescission and deposit refund are successful. To track TUG rescission savings, mind sharing how much you saved with rescission? As half of tuggers initially bought developer/retail TS, there is no shame.

Also, our last Wyndham rescission instructions were in December 2019. Would you kindly submit the most recent one? You can PM me too.

 

[chapjim]

It has been reported here that Wyndham doesn't quibble about being a day late in submitting rescission documentation. The main thing is to get it done.

 

[Grammarhero]

It has been reported here that Wyndham doesn't quibble about being a day late in submitting rescission documentation. The main thing is to get it done.

Wyndham quibbles. The guy who was one day late had to threaten to hire a lawyer, although he didn’t get his credit affected.

 

[Sandi Bo]

And OP's timing just couldn't be worse, could it? Going into a holiday weekend, having the days the post office is closed still count in his 5 days? Doesn't seem right, but then again, this is the world of timeshares.

Hope it all works out, @sanjibbi

 

[sanjibbi]

No, I dont think you will meet the deadline if you wait until Tuesday. The South Carolina statute says 5 days, which is generally held to be calendar days unless expressly stated as business days.

So here are a couple of options:
1) Fax and email the recession notice to Wyndham (at the fax and email below). This does not meet the legal requirement perfectly, but will help.
2) Check to see if there are any post office locations still open. In large cities, airport locations have been known to stay open up until 11pm.
3) Regardless, mail out the letter today - if just putting into the post office mailbox - as a backup. Be sure to date it for today.
4) See if you can find someone that will accept a fedex or UPS mailing (airport again).

The legal requirement is that your letter has to be mailed by the recession deadline. A proof of mailing is ideal, as it is clear evidence. But in the absence of the post mark or proof of mailing, the other methods will support that you mailed your letter by the deadline (which you should do).

From the sticky on this forum.
However, in addition, you can fax your rescission notice to 702-227-3298, and/or email the notice to rescissions.wvr@wyn.com. We strongly recommend that email and fax only be used as secondary methods, as certified mail is method that is outlined in your contract.

Thank you so much for your help. I was able to post mark it Sunday 09/06 from a 24 hr USPS location and also sent email as well as Fax. Hopefully this should be good.

 

[CPNY]

Thank you so much for your help. I was able to post mark it Sunday 09/06 from a 24 hr USPS location and also sent email as well as Fax. Hopefully this should be good.

Did you send it certified and do you have proof of mailing via a receipt ? That’s key Incase they claim they never received it

 

[Grammarhero]

Thank you so much for your help. I was able to post mark it Sunday 09/06 from a 24 hr USPS location and also sent email as well as Fax. Hopefully this should be good.

Nice. Mind sharing how much rescission would save you? As half of all tuggers initially bought developer TS, there is no shaming.

 

[tschwa2]

Hi All,
Need some help. I signed a contract in South Carolina on 09/02. After coming back from vacation and reading all the documents in detail and also joining this forum, I want to cancel my contract. Sunday USPS is closed and Monday is Labor Day holiday. SC rule is 5 days ( not sure if it is 5 business days and excludes national holidays). If I post the rescission letter on Tuesday in certified mail, do you guys think I am good within the 5 days rule?

Thanks
SB

Are you sure that CWA is 5 days even when purchased in SC? Does your contract specifically say 5 days or 10 days? I thought CWA was actually registered in a Florida trust and in that case the Florida rescission period would apply even if purchased in a state with a shorter period. If that is the case it would be documented on the contract. Sometimes the documents mention more than one rescission date to cover all the bases but as long as one of the ones mentioned is longer than the more lenient would apply.

 

[chapjim]

Wyndham quibbles. The guy who was one day late had to threaten to hire a lawyer, although he didn’t get his credit affected.

And now, the rest of the story!

 

[sanjibbi]

Nice. Mind sharing how much rescission would save you? As half of all tuggers initially bought developer TS, there is no shaming.

It is $21K

 

[sanjibbi]

Did you send it certified and do you have proof of mailing via a receipt ? That’s key Incase they claim they never received it

Yup, I sent certified and I have proof of that.

 

[sanjibbi]

Are you sure that CWA is 5 days even when purchased in SC? Does your contract specifically say 5 days or 10 days? I thought CWA was actually registered in a Florida trust and in that case the Florida rescission period would apply even if purchased in a state with a shorter period. If that is the case it would be documented on the contract. Sometimes the documents mention more than one rescission date to cover all the bases but as long as one of the ones mentioned is longer than the more lenient would apply.

Yup, my contract specifically said 5 days and it says it is governed under state law of SC and not state law of MA where I am from.

 

[55plus]

It is $21K

Congratulations on saving tens of thousands of dollars.

 

[dgalati]

It is $21K

Congrats on the 21K you saved! Consider buying Resale at pennies on the dollar. Be patient and you will be able to buy at $100 all in including closing and Resort transfer fees. Most of these cheap resale deals come from Owners that are paying exit companies to get out from under the burden of paying maintenance fees. Also consider that you can rent from a VIP owner cheaper then paying maintenance fees if the VIP passes along the 50% discount in the 60 day booking window. The free upgrades to a Presidential room without a additional cost is also a bonus if you are dealing with a Presidential reserve owner. Check out the last minute rentals link below @Normita @chapjim or @Jan M. that have rentals listed for less then a non VIP owner can pay in maintenance fees.. https://tugbbs.com/forums/forums/timeshare-rentals-offered.45/

 

[CPNY]

Yup, I sent certified and I have proof of that.

Excellent now buy resale and enjoy ownership. But check other systems first.

 

[Fredflintstone]

It is $21K

Great move! Hey, 21 k can rent a lot of timeshares that are for rent by owner. Hey, you can always take that 21 k and invest it in dividend stocks and use the dividend money to rent a super timeshare from other owners. You will be shocked on the deals out there and never be locked into a contract, MFs, exchange fees, club membership fees, having to sell to get out (and maybe need to literally PAY someone to take it off your hands)


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[55plus]

[Not appropriate for TUG]

 

[Fredflintstone]

[Response to deleted post, deleted]

 

[dgalati]

Great move! Hey, 21 k can rent a lot of timeshares that are for rent by owner. Hey, you can always take that 21 k and invest it in dividend stocks and use the dividend money to rent a super timeshare from other owners. You will be shocked on the deals out there and never be locked into a contract, MFs, exchange fees, club membership fees, having to sell to get out (and maybe need to literally PAY someone to take it off your hands)


Sent from my iPad using Tapatalk

You can also buy alot of clams for under $21 dollars all in. Without a commitment or burden of paying maintenance fees. I can also verify renting is cheaper vs owning without being locked into one system .