Certified mail for rescission letter possibly missing at postal office

[Mdlim]

We got bullied into buying timeshare. But able to send letter within rescission period of 5 days in state of MO. We purchased 3/16. Sent letter via certified mail and then on a separate mail sent the tablet and other materials on 3/18. However, usps tracking says that it is still in the possession of the postal office where i sent it from. But the tablet and other materials have been delivered to agent for final delivery in florida. I do not know what to do? Usps says file a claim on the mail. Can I send another certified mail and ask if they can backdate to 3/18 or send a certified mail date using current date and send copies of the original tracking and receipt of the first letter? Please help. I don’t know what to do.

 

[rickandcindy23]

Certified mail should still be fine. It's the postmark that matters. What did you buy?

Good for you for rescinding. I assume it's Wyndham because the word bully stood out to me, but a lot of companies have offices in Florida.

 

[Mdlim]

Certified mail should still be fine. It's the postmark that matters. What did you buy?

Good for you for rescinding. I assume it's Wyndham because the word bully stood out to me, but a lot of companies have offices in Florida.

Westgate. I have the receipt for the certified mail and the tracking. But i am afraid if usps has lost this and will not be delivered at all. What are my options?
I filed a claim with usps.
I am also thinking if I need to send another letter and then scan and print all my receipts from the original letter and include in the mail to prove that I sent the first letter within the timeframe but unfortunately usps lost it?

 

[rickandcindy23]

I would wait and keep your option open to send that second letter. It's not necessarily lost in the mail. Could just be a delay.

Give it another few days. You sent it certified and that is something Westgate cannot ignore.

 

[Mdlim]

I would wait and keep your option open to send that second letter. It's not necessarily lost in the mail. Could just be a delay.

Give it another few days. You sent it certified and that is something Westgate cannot ignore.

Thank you. Sent it 3/18. Still does not have update on delivery. Filed missing mail with usps today per advise of postal officer. It’s giving me anxiety. But you are right will wait until end of this week.

 

[rickandcindy23]

Thank you. Sent it 3/18. Still does not have update on delivery. Filed missing mail with usps today per advise of postal officer. It’s giving me anxiety. But you are right will wait until end of this week.

That is not a good feeling, but I am sure it will be okay.

 

[VacationForever]

I would strongly advise to make a copy of your original rescission usps certified receipt and include it in another certified usps mail explaining that you had sent the rescission letter in that earlier mail, with a copy of the original rescission letter.

We had a certified mail loop in the usps system before. The letter finally made it back to our office 2 months later and no attempt was made to actually deliver the letter. We sent the mail to an address in our same city. It got forwarded to another city and kept getting looped there. 2 months later it came back as undeliverable. We contacted usps which said there was nothing that they could do and we could keep checking the tracking location. It was totally worthless.

 

[Mdlim]

I would strongly advise to make a copy of your original rescission usps certified receipt and include it in another certified usps mail explaining that you had sent the rescission letter in that earlier mail, with a copy of the original rescission letter.

We had a certified mail loop in the usps system before. The letter finally made it back to our office 2 months later and no attempt was made to actually deliver the letter. We sent the mail to an address in our same city. It got forwarded to another city and kept getting looped there. 2 months later it came back as undeliverable. We contacted usps which said there was nothing that they could do and we could keep checking the tracking location. It was totally worthless.

This is my plan. I will include copy of the original rescission usps certified receipt when I send another copy of the original rescission letter.
Is it wise to just go ahead and do this or wait for usps to work on our claim? Purchased date was 3/16. Original certified mail sent 3/18. Usps tracking says still in possession of postal office where i sent it.

 

[Mdlim]

I would strongly advise to make a copy of your original rescission usps certified receipt and include it in another certified usps mail explaining that you had sent the rescission letter in that earlier mail, with a copy of the original rescission letter.

We had a certified mail loop in the usps system before. The letter finally made it back to our office 2 months later and no attempt was made to actually deliver the letter. We sent the mail to an address in our same city. It got forwarded to another city and kept getting looped there. 2 months later it came back as undeliverable. We contacted usps which said there was nothing that they could do and we could keep checking the tracking location. It was totally worthless.

Did you send it again? And did they honor the letter since original letter was sent during the rescission period?

 

[TheTimeTraveler]

Thank you. Sent it 3/18. Still does not have update on delivery. Filed missing mail with usps today per advise of postal officer. It’s giving me anxiety. But you are right will wait until end of this week.

.


I have no idea how you actually filed a missing mail report with the USPS since it has not yet been 15 days since you mailed your letter -- in other words they customarily make you wait 15 days prior to file a missing mail report (i.e. last I knew it was still 15 days). I think you were deliberately misled. You may want to check on the 15 day rule with a differing Post Office to confirm what I have said. But, no matter, as long as you have your original Postmarked Receipt then you should prevail in Court if Westgate decides to challenge you on your actual date of rescission.



NOW, the best bet at this point is to send TWO MORE COPIES OF YOUR RESCISSION letter exactly like this: Include in those rescission letters copies of your original USPS Form 3800 (Certified Mail Receipt dated 3/18/2024), and let them know you are sending this as it indicates proof of your original rescission date.

...............Send one rescission letter again via USPS Certified Mail using PS Form 3800. This you can track, and it proves mailing.

...............Send one rescission letter again via USPS Certificate of Mailing using PS Form 3817 (Proof of Mailing). This one you can't track but it does prove mailing.




Westgate has a deserved reputation of being difficult to deal with and you may have to work to protect your rights. Be prepared to work with the Consumer Protection Division of the Attorney Generals Office if they refuse to accept your new mailings that contains evidence of your original mailing date (it is faster, easier, and cheaper than going to Court).

Welcome to TUG.






.

 

[Mdlim]

.


I have no idea how you actually filed a missing mail report with the USPS since it has not yet been 15 days since you mailed your letter -- in other words they customarily make you wait 15 days prior to file a missing mail report (i.e. last I knew it was still 15 days). I think you were deliberately misled. You may want to check on the 15 day rule with a differing Post Office to confirm what I have said. But, no matter, as long as you have your original Postmarked Receipt then you should prevail in Court if Westgate decides to challenge you on your actual date of rescission.



NOW, the best bet at this point is to send TWO MORE COPIES OF YOUR RESCISSION letter exactly like this: Include in those rescission letters copies of your original USPS Form 3800 (Certified Mail Receipt dated 3/18/2024), and let them know you are sending this as it indicates proof of your original rescission date.

...............Send one rescission letter again via USPS Certified Mail using PS Form 3800. This you can track, and it proves mailing.

...............Send one rescission letter again via USPS Certificate of Mailing using PS Form 3817 (Proof of Mailing). This one you can't track but it does prove mailing.




Westgate has a deserved reputation of being difficult to deal with and you may have to work to protect your rights. Be prepared to work with the Consumer Protection Division of the Attorney Generals Office if they refuse to accept your new mailings that contains evidence of your original mailing date (it is faster, easier, and cheaper than going to Court).

Welcome to TUG.

.


I have no idea how you actually filed a missing mail report with the USPS since it has not yet been 15 days since you mailed your letter -- in other words they customarily make you wait 15 days prior to file a missing mail report (i.e. last I knew it was still 15 days). I think you were deliberately misled. You may want to check on the 15 day rule with a differing Post Office to confirm what I have said. But, no matter, as long as you have your original Postmarked Receipt then you should prevail in Court if Westgate decides to challenge you on your actual date of rescission.



NOW, the best bet at this point is to send TWO MORE COPIES OF YOUR RESCISSION letter exactly like this: Include in those rescission letters copies of your original USPS Form 3800 (Certified Mail Receipt dated 3/18/2024), and let them know you are sending this as it indicates proof of your original rescission date.

...............Send one rescission letter again via USPS Certified Mail using PS Form 3800. This you can track, and it proves mailing.

...............Send one rescission letter again via USPS Certificate of Mailing using PS Form 3817 (Proof of Mailing). This one you can't track but it does prove mailing.




Westgate has a deserved reputation of being difficult to deal with and you may have to work to protect your rights. Be prepared to work with the Consumer Protection Division of the Attorney Generals Office if they refuse to accept your new mailings that contains evidence of your original mailing date (it is faster, easier, and cheaper than going to Court).

Welcome to TUG.






.

If it comes down to involving atty gen, does it have to be ag from where i purchased timeshare?

 

[VacationForever]

Did you send it again? And did they honor the letter since original letter was sent during the rescission period?

It was a legal letter to an employee. Time past and there was nothing else that we could do with that mail since it was time sensitive.

 

[TheTimeTraveler]

If it comes down to involving atty gen, does it have to be ag from where i purchased timeshare?

I would do it in the State in which you purchased the Timeshare. However, I would NOT do anything until you have exhausted the steps outlined in posting #10 (the Atty. General's Office will likely ask you if you have done everything that has been outlined above).

Nothing will happen overnight. The time to contact the Atty. General's office is when Westgate denies you or ignores you. With that said get yourself down to the USPS and mail those two additional rescission letters and get this process rolling. It only benefits YOU.

Allow Westgate 45 days to cancel your contract and refund your money. By the way, I am no fan of Westgate, but in all fairness you can not blame Westgate for failure to refund your money if they never received your rescission request...... Again, get down to the USPS and mailed two duplicate rescission requests (which contains copies of your original mailing Postmarked receipt). Mail one with PS Form 3817, and one with PS Form 3800.








.

 

[Mdlim]

I would do it in the State in which you purchased the Timeshare. However, I would NOT do anything until you have exhausted the steps outlined in posting #10 (the Atty. General's Office will likely ask you if you have done everything that has been outlined above).

Nothing will happen overnight. The time to contact the Atty. General's office is when Westgate denies you or ignores you. With that said get yourself down to the USPS and mail those two additional rescission letters and get this process rolling. It only benefits YOU.

Allow Westgate 45 days to cancel your contract and refund your money. By the way, I am no fan of Westgate, but in all fairness you can not blame Westgate for failure to refund your money if they never received your rescission request...... Again, get down to the USPS and mailed two duplicate rescission requests (which contains copies of your original mailing Postmarked receipt). Mail one with PS Form 3817, and one with PS Form 3800.








.

Thank you. I guess I don’t have to wait for usps resolution for missing mail claim. They said allow 3 business days to get it resolve.

 

[Mdlim]

Thank you. I guess I don’t have to wait for usps resolution for missing mail claim. They said allow 3 business days to get it resolve.

And still date the additional rescission letters for 3/18?

 

[Mdlim]

.


I have no idea how you actually filed a missing mail report with the USPS since it has not yet been 15 days since you mailed your letter -- in other words they customarily make you wait 15 days prior to file a missing mail report (i.e. last I knew it was still 15 days). I think you were deliberately misled. You may want to check on the 15 day rule with a differing Post Office to confirm what I have said. But, no matter, as long as you have your original Postmarked Receipt then you should prevail in Court if Westgate decides to challenge you on your actual date of rescission.



NOW, the best bet at this point is to send TWO MORE COPIES OF YOUR RESCISSION letter exactly like this: Include in those rescission letters copies of your original USPS Form 3800 (Certified Mail Receipt dated 3/18/2024), and let them know you are sending this as it indicates proof of your original rescission date.

...............Send one rescission letter again via USPS Certified Mail using PS Form 3800. This you can track, and it proves mailing.

...............Send one rescission letter again via USPS Certificate of Mailing using PS Form 3817 (Proof of Mailing). This one you can't track but it does prove mailing.




Westgate has a deserved reputation of being difficult to deal with and you may have to work to protect your rights. Be prepared to work with the Consumer Protection Division of the Attorney Generals Office if they refuse to accept your new mailings that contains evidence of your original mailing date (it is faster, easier, and cheaper than going to Court).

Welcome to TUG.






.

English is not my first language. So is this letter enough to explain what transpired? Of course copies of the original rescission letter will be in the mail as well.

 

[TheTimeTraveler]

And still date the additional rescission letters for 3/18?

You are going to send them copies of your original paperwork, original Postmarked receipt, and a detailed letter dated tomorrow explaining exactly why you are doing what you are doing...... basically "the USPS has lost your original paperwork" and the enclosures are proof that you did in fact mail it on time as required by law.


The sample letter you wrote looks fine. Mail it tomorrow (dated tomorrow) with copies of your original letter and a copy of your original Postmarked receipt.

Be sure to mail it two ways:

......1). Using PS Form 3800 (Certified Mail)

......2). Using PS Form 3817 (Certificate of Mailing)










.







.

 

[Mdlim]

You are going to send them copies of your original paperwork, original Postmarked receipt, and a detailed letter dated tomorrow explaining exactly why you are doing what you are doing...... basically "the USPS has lost your original paperwork" and the enclosures are proof that you did in fact mail it on time as required by law.


The sample letter you wrote looks fine. Mail it tomorrow (dated tomorrow) with copies of your original letter and a copy of your original Postmarked receipt.

Be sure to mail it two ways:

......1). Using PS Form 3800 (Certified Mail)

......2). Using PS Form 3817 (Certificate of Mailing)










.







.

Thank you. This is a big help.

 

[AnneJe]

English is not my first language. So is this letter enough to explain what transpired? Of course copies of the original rescission letter will be in the mail as well.

Similar situation here. Bought timeshare from HVC( DRI seems the provider) on Mar 18. Fax and mail ( through fedex)the recession letter on 20. Later after reading comments on TUG, we did fax and mail through USPS on 22 again, just double insured. The fax and FedEx mail already arrived while the usps will arrive on Wednesday. Now waiting for the whole refund… plus, English is not our first language either . I really hope both of us will cancel the membership and get refund successfully!

 

[Mdlim]

Similar situation here. Bought timeshare from HVC( DRI seems the provider) on Mar 18. Fax and mail ( through fedex)the recession letter on 20. Later after reading comments on TUG, we did fax and mail through USPS on 22 again, just double insured. The fax and FedEx mail already arrived while the usps will arrive on Wednesday. Now waiting for the whole refund… plus, English is not our first language either . I really hope both of us will cancel the membership and get refund successfully!

Yes as this is really anxiety triggering. Hoping for the best outcome for both of us.

 

[AnneJe]

Yes as this is really anxiety triggering. Hoping for the best outcome for both of us.

My contract rescission letter said the refund should be done within 15days the provider received the letter. If not, then will call the department of attorney general to step in.

 

[Mdlim]

My contract rescission letter said the refund should be done within 15days the provider received the letter. If not, then will call the department of attorney general to step in.

My contract says 60 days

 

[AnneJe]

My contract says 60 days

Gee, very consumer unfriendly term