• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 26 years!

    Join tens of thousands of other owners just like you here to get any and all Timeshare questions answered!
  • TUG started 27 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Check out our happy birthday post here: Happy Birthday TUG!
  • TUG has now saved timeshare owners more than $15,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $14 Million dollars
  • Follow the TUG Member Banner as it travels the world on vacation with Timeshare owners! Also sign up to get the banner sent to you so you can submit a photo of your vacation with the banner to share with TUG! Banner Thread
  • Sign up to get the TUG Newsletter for free! Join tens of thousands of other owners who get this every week! Latest resort reviews and the most important topics discussed by owners during the week!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    Read more Here
  • A few of the most common links here on the forums for newbies and guests!

Canel Contract - help!

hille

Guest
Joined
Mar 18, 2009
Messages
8
Reaction score
0
Points
0
Location
wilmington, nc
Cancel Contract - help!

Hi,
my husband and I got sucked into a presentation at the williamsburg plantation resort in virginia. for some reason we signed the contract, not really knowing what exactly we had signed. i have done some research and found out that our week 5 is completely useless. we paid 9900 bucks, putting down 1462 of that.
this happened friday and we have 7 days to cancel according to virginia law.
monday morning i went to the post office and sent the cancellation letters. one via certified, return receipt and one via registered mail. since information was withheld during the sales session and my questions were not truthfully answered, i also carbon copied one letter to the common interest community board in virginia. i made it clear in the letter that we will file a complaint if our deposit is not refunded in full or any more expenses are charged to our account.
during the session, i have specifically asked whether or not week 5 would have any influence on the trading power of our timeshare. the answer was no. now, i find out that we will never be able to trade that week for anything.
is there anything else i need to do before the cool-off phase runs out?
thank you
hille
 
Last edited by a moderator:

DeniseM

Moderator
Joined
Jun 6, 2005
Messages
54,433
Reaction score
4,712
Points
1,499
Here is a FAQ about rescinding, it was written for another timeshare system, but besides that, everything applies to you. Find the directions in your paperwork and follow them EXACTLY, keep a copy of everything, and mail it return receipt requested. Good luck!
 

hille

Guest
Joined
Mar 18, 2009
Messages
8
Reaction score
0
Points
0
Location
wilmington, nc
the contract just says to send it to the developer office certified mail return receipt. i also send one copy registered mail, because i am worried that they might not sign for the letter to delay things.
 

m61376

Tug Review Crew
TUG Member
Joined
Aug 2, 2006
Messages
6,916
Reaction score
135
Points
348
Location
NY
As long as it is postmarked by the deadline and you followed the directions, you will be fine. Just breathe a sigh of relief and give yourselves a pat on the back that you realized to rescind before the deadline.

Timesharing can be wonderful if you buy what is right for you. Take some time to learn about the different systems, think about where/when you'd like to travel and then possibly consider making a purchase. In many cases, you can do much, much better on the resale market. For instance, Platinum Marriott weeks in Williamsburg are selling for less than you paid, with Marriott reportedly having the nicest units in the area and significantly higher trade power.

You should buy where and when you'd like to visit most often, and buy something with enough trade power for what you want to trade into. As you've discovered, an off season week will have relatively poor trading power and, unless you are planning on last minute exchange, will be good for trading into other off season weeks. If you want peak resorts and trades you need to buy something equivalent. If, however, you like to travel a bit off season and/or plan last minute, then your needs will be different.

Welcome to Tug and take time to learn about the different systems before plunging in. :wave:
 

hille

Guest
Joined
Mar 18, 2009
Messages
8
Reaction score
0
Points
0
Location
wilmington, nc
thank you so much for your assuring words. i had sleepless nights over this deal.
are those practices not illegal? they flat-out lied to us about the benefits of the contract.
 

hille

Guest
Joined
Mar 18, 2009
Messages
8
Reaction score
0
Points
0
Location
wilmington, nc
i have just checked with the post office, my letters were delivered this morning.
should i expect any kind of response or nasty phone call?
 

ecwinch

Moderator
Joined
Jun 6, 2005
Messages
3,728
Reaction score
1,105
Points
548
Location
San Antonio
Resorts Owned
Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
It is not uncommon for the salesperson to try to contact you to "save" the sale, and sometimes those calls can turn ugly. Stay the course.
 

djs

TUG Member
Joined
Nov 29, 2006
Messages
1,334
Reaction score
6
Points
248
Location
South Boston, MA
When it comes to what he said to you, it's not worth anything if it isn't also in writing. Unfortunately it becomes a case of "he said/she said" and those are tough ones to prove. Besides, I'm sure there is a clause in the contract saying that nothing the salesperson told you applies if it isn't in the contract.

Now he or someone else will try and call you. They get paid on commission and the commission on a properly recinded timeshare is exactly $0. He wants to get paid and will give you some story about being able to provide a "deal" where you get some useless membership in a special club; or they may offer you several bonus weeks to use in the upcoming years (something along those lines). He might even resort to saying that he can cut the price in half if you'd be happier with an "every other year" ownership....you won't be happy with that, what you will be happy with is an affordable timeshare that has been purchased at a price that truly reflects the market. This isn't to say there's something wrong with an EOY timeshare, in fact that's what I own; basically you need to hold firm not cave in. You'll be at home when he calls so you're going to be on your turf. If you have Caller ID, maybe you just can ignore his calls. As long as you've followed the recision instructions properly (and they don't say anything about having to take their call) you can ignore him until you-know-what freezes over.
 

m61376

Tug Review Crew
TUG Member
Joined
Aug 2, 2006
Messages
6,916
Reaction score
135
Points
348
Location
NY
thank you so much for your assuring words. i had sleepless nights over this deal.
are those practices not illegal? they flat-out lied to us about the benefits of the contract.
You can relax now. Unfortunately, there is the saying: "how do you know when a timeshare salesperson is lying: when his lips are moving." Many times they tell half truths- purposefully misleading the buyer without actually lying. Less scrupulous ones actually lie.

Read here and ask lots of questions and next time you'll go into it with your eyes open so you can make an informed purchase.
 

theo

TUG Review Crew: Veteran
TUG Member
Joined
Mar 21, 2007
Messages
8,608
Reaction score
1,651
Points
448
Location
New England Coast
Be smart, be patient --- you're half way home...

i have just checked with the post office, my letters were delivered this morning.
should i expect any kind of response or nasty phone call?
If you get any phone calls from the sales people, hang up without comment of any kind. Any conversation in which you engage can (and likely will) just be misconstrued and/or misrepresented later. Having not one word to say on the phone cannot be misrepresented or misinterpreted.

If you followed the rescission instructions, using the address identified in the contract and within the time period provided by law, all will be fine in the end. Take a deep breath and be patient. Do not initiate or participate in any telephone conversation of any kind with these people.
 
Last edited:

Patri

Tug Review Crew
TUG Member
Joined
Jun 6, 2005
Messages
4,988
Reaction score
1,283
Points
398
When we rescinded we never got a phone call and the refund on our credit card came in a timely manner. You'll be fine.
 

hille

Guest
Joined
Mar 18, 2009
Messages
8
Reaction score
0
Points
0
Location
wilmington, nc
good to know. i habe been wondering and waiting for a call or an email. actually i was scared that i did something wrong and they won't tell me until it's too late.
but i checked the contract again last night, it sais to send the cancellation notice to williamsburg plantation, inc., which i did.
 

hille

Guest
Joined
Mar 18, 2009
Messages
8
Reaction score
0
Points
0
Location
wilmington, nc
ahhhh, i just got a phone call from williamsburg plantation.
the lady said she got our letter and was wondering what happened because of "the strong words" i had used.
she also said we needed to call her back because "they are not going to let me cancel this until i speak to one of you".

now what?
 

Htoo0

TUG Member
Joined
Sep 6, 2005
Messages
1,320
Reaction score
8
Points
248
Location
Oklahoma
I'd personally be tempted to call back and tell them conversing with them wasn't mentioned as a requirement to rescind. However, if they really need to talk with someone you'll contact them with the name of your attorney if they refuse to honor your right to rescind. Other than that, you have no interest in discussing the matter, you've decided to cancel and that's that. But that's just me, there may be better ways of handling the situation.
 

theo

TUG Review Crew: Veteran
TUG Member
Joined
Mar 21, 2007
Messages
8,608
Reaction score
1,651
Points
448
Location
New England Coast
Not their option...

ahhhh, i just got a phone call from williamsburg plantation.
the lady said she got our letter and was wondering what happened because of "the strong words" i had used.
she also said we needed to call her back because "they are not going to let me cancel this until i speak to one of you".

now what?
They do not have the option to "not let you cancel" if you have followed the cancellation instructions and have met the time deadline to do so. That's a matter of law -- it's not some kind of "courtesy" or "kindness" extended to you by the facility out of the goodness of their lying hearts. They simply have no choice in the matter.

I stand by my original advice. They only want to get you on the phone to make a last desperate effort to "sweeten the pot" and keep their deal from being DOA. If you insist upon calling them back, which I certainly do not recommend, it should be only to plainly and unilaterally state, seeking no comment from them in return:

"We have exercised in writing our right of contract rescission, a legal right provided by applicable statute. There is nothing further to discuss. Please expeditiously process our contract cancellation, as required by law. If we hear back from you by phone again, we will refer the matter directly to an attorney for action. Have a nice day. Goodbye."

But that's just me; I am simply unwilling to suffer such fools gladly....
 
Last edited:

Karen G

Moderator
Joined
Aug 17, 2004
Messages
9,384
Reaction score
1,831
Points
749
Location
Henderson, NV
Resorts Owned
Once owned these: FirstFairway@Walden X 2; Lawai Beach; ManhattanClub; PuebloBonitoRose; 4 South Africa--now timeshare-free
hille, if you put your down payment on a credit card, you should contact the credit card people and dispute the charge.
 

Karen G

Moderator
Joined
Aug 17, 2004
Messages
9,384
Reaction score
1,831
Points
749
Location
Henderson, NV
Resorts Owned
Once owned these: FirstFairway@Walden X 2; Lawai Beach; ManhattanClub; PuebloBonitoRose; 4 South Africa--now timeshare-free
ahhhh, i just got a phone call from williamsburg plantation.
the lady said she got our letter and was wondering what happened because of "the strong words" i had used.
she also said we needed to call her back because "they are not going to let me cancel this until i speak to one of you".

now what?
I don't quite understand her comments because she was "speaking to one of you" at the time, right?
 

theo

TUG Review Crew: Veteran
TUG Member
Joined
Mar 21, 2007
Messages
8,608
Reaction score
1,651
Points
448
Location
New England Coast
Good advice, but...

hille, if you put your down payment on a credit card, you should contact the credit card people and dispute the charge.
Cancelling the contract and disputing the charge are separate and unrelated paths. In short, merely disputing the charge does not in any way actually invalidate the contract. Since credit card disputes must also be filed in writing, a copy of the contract rescission letter should be provided to the credit card issuer when the cc dispute is filed.
 

theo

TUG Review Crew: Veteran
TUG Member
Joined
Mar 21, 2007
Messages
8,608
Reaction score
1,651
Points
448
Location
New England Coast
I don't think so...

I don't quite understand her comments because she was "speaking to one of you" at the time, right?
Sounded to me (see OP post #14 above) as though the info received was on an answering machine or voice mail message, as opposed to an actual two-way conversation between two participating people. :shrug:
 
Last edited:

Karen G

Moderator
Joined
Aug 17, 2004
Messages
9,384
Reaction score
1,831
Points
749
Location
Henderson, NV
Resorts Owned
Once owned these: FirstFairway@Walden X 2; Lawai Beach; ManhattanClub; PuebloBonitoRose; 4 South Africa--now timeshare-free
Cancelling the contract and disputing the charge are separate and unrelated paths. In short, merely disputing the charge does not in any way actually invalidate the contract. Since credit card disputes must also be filed in writing, a copy of the contract rescission letter should be provided to the credit card issuer when the cc dispute is filed.
I know that disputing the charge with the credit card company doesn't invalidate the contract. The OP stated that she has sent the rescission letter, but she never mentioned anything about a credit card payment. I just wanted to add that to her list of things to do if she had paid anything by credit card.:)
 

hille

Guest
Joined
Mar 18, 2009
Messages
8
Reaction score
0
Points
0
Location
wilmington, nc
we did not have a conversation, the messages were left on our phones. and sure enough, my husband called me during lunch and said i needed to call williamsburg plantation so that the cancellation could be done. i told him that there was no need to cancel and that i am not calling.

the charge was on a debit card, i have allready called the bank to make sure that no other charges are posted to the account.
 

T_R_Oglodyte

TUG Lifetime Member
Joined
Jun 6, 2005
Messages
12,785
Reaction score
3,307
Points
648
Location
Belly-View, WA
I would send them a short note by regular mail (no need to be more formal here) advising them that:

  1. You received the message on the answering maching phone call.
  2. They have no right to unilaterally cancel your rescission request.
  3. Your rescission request remains in effect and you expect that they will terminate the agreement and refund all moneys paid in accordance with terms of the sales agreement.
Strictly speaking you probably don't need to send this letter, but if it causes someone to move more quickly you get your money back sooner. Further, it removes any argument they might attempt that you tacitly agreed to put your rescission request on hold.

You don't need to go into any other discussion about anything. One paragraph with those three bullet points is all you need. And be sure to explicitly mention your contract number so they can't say it wasn't clear which of their many accounts was the subject of the letter.
 

djs

TUG Member
Joined
Nov 29, 2006
Messages
1,334
Reaction score
6
Points
248
Location
South Boston, MA
Waiting for you to call them back is not one of their options. Assuming you followed the recision process correctly their only option is to cancel the contract and refund your money. My guess is that it is probably safe to assume you did things correctly, otherwise they'd never even call and when push came to shove they'd show that you didn't do things properly.

If you do choose to call back, they will try and push you. They'll ask why you are canceling and your only response should be "because that's my right" nothing about it being too much money because that indicates to them there may still be a way to rope you in if the terms change.

Honestly though, I wouldn't even bother returning the call, I think Steve's advice about a quick short note is best. Right now they are in salvage mode and any verbal/in-person communication with them gives them the opportunity to push you and misinterpret your wishes.
 

hille

Guest
Joined
Mar 18, 2009
Messages
8
Reaction score
0
Points
0
Location
wilmington, nc
that was my thought. at least i know that i have done everything correctly, otherwise they would have never bothered to call.
thank you for all the input, i will just ignore them and let you know when i get my money back. i believe they have 45 days to reimburse me, hopefully it won't take that long.
thanks again
hille
 
Top