Help me rescind please

[DaveGTR11]

Did you send certified? Email and fax a rescission letter Just in case.

What’s the fax number? Are we sure it and the email are still working?

 

[DaveGTR11]

I guess I’ll send another one and ensure it’s certified mail. I’m pretty worried after the last few responses. Luckily I’m still within my window of cancellation.

 

[Karen G]

I guess I’ll send another one and ensure it’s certified mail. I’m pretty worried after the last few responses. Luckily I’m still within my window of cancellation.

Good idea and it won't cost much for the peace of mind.

 

[Karen G]

I thought I sent it the best way considering it requires a signature and I sent it overnight priority. Thoughts?

The signature isn't the key here. It's the date of mailing and that's why the certified mail receipt is all you need. When they receive it is of no consequence to you. You just have to prove that you rescinded within the time allowed.

 

[Grammarhero]

I guess I’ll send another one and ensure it’s certified mail. I’m pretty worried after the last few responses. Luckily I’m still within my window of cancellation.

You will be fine as long as you send a rescission letter signed by you and (if your wife also bought) spouse USPS- certified to the correct address, which is legal rescission. Just don’t get cute, and decide in lieu of sending certified, sending overnight signature-required, which technically isn’t legal rescission.

 

[DaveGTR11]

The signature isn't the key here. It's the date of mailing and that's why the certified mail receipt is all you need. When they receive it is of no consequence to you. You just have to prove that you rescinded within the time allowed.

I have proof of the date sent, but I feel certain it wasn’t certified mail.

 

[DaveGTR11]

You will be fine as long as you send a rescission letter signed by you and (if your wife also bought) spouse USPS- certified to the correct address, which is legal rescission. Just don’t get cute, and decide in lieu of sending certified, sending overnight signature-required, which technically isn’t legal rescission.

Earlier you mentioned/asked what if they refused to sign? Can’t they refuse to sign for certified as well? I took photos of the document, which was notarized, placed a copy in my bank file, took photos of the priority mail envelope with the signature request green form attached etc., would that not be enough to show proof? I’m confused because there’s nothing in the contract stating it must be certified mail and I’ve read other people’s post where they just faxed a copy of a hand written letter. I’m sorry for all of the questions etc, I don’t mean to be a pest I just want out. I guess my best bet is to go back to the post office in the morning and send another one and ensure it’s certified mail. I do appreciate everyone’s time and responses.

 

[DaveGTR11]

Here’s everything I have as proof and what was sent. Do you all think it’s good enough or should I follow through with a certified mailed letter? Thanks, sorry to be a pest. Just want to get it right.

 

[Karen G]

It looks good to me, but I'm not a lawyer. You do have a receipt from the post office showing the date you mailed it. You have a tracking number so you can see when it gets delivered. It will be interesting to see what the lawyers say. @Grammarhero

 

[Grammarhero]

Earlier you mentioned/asked what if they refused to sign? Can’t they refuse to sign for certified as well? I took photos of the document, which was notarized, placed a copy in my bank file, took photos of the priority mail envelope with the signature request green form attached etc., would that not be enough to show proof? I’m confused because there’s nothing in the contract stating it must be certified mail and I’ve read other people’s post where they just faxed a copy of a hand written letter. I’m sorry for all of the questions etc, I don’t mean to be a pest I just want out. I guess my best bet is to go back to the post office in the morning and send another one and ensure it’s certified mail. I do appreciate everyone’s time and responses.

At least in NY, USPS certified mail is a self-authenticating document easily introducible into court and can overcome the “lack of foundation” and “hearsay” objections. It also meet the “business record” exception to hearsay. Certified mail is the legal gold standard.

With receipts, tracking number, and paperwork and not certified mail, you still need an affidavit attesting as to the contents and chain of custody in order to introduce the receipts, tracking number, and paperwork into NY court. That is really annoying.

No, Wyndham cannot reject USPS-certified mail.

We have no idea what the current Wyndham rescission instructions are. The last one we received were in December 2019, and Wyndham may have updated.

 

[Eric B]

Thanks for clarifying, @Grammarhero. I thought that was the case, but have been working in other areas too long.

 

[DaveGTR11]

At least in NY, USPS certified mail is a self-authenticating document easily introducible into court and can overcome the “lack of foundation” and “hearsay” objections. It also meet the “business record” exception to hearsay. Certified mail is the legal gold standard.

With receipts, tracking number, and paperwork and not certified mail, you still need an affidavit attesting as to the contents and chain of custody in order to introduce the receipts, tracking number, and paperwork into NY court. That is really annoying.

No, Wyndham cannot reject USPS-certified mail.

We have no idea what the current Wyndham rescission instructions are. The last one we received were in December 2019, and Wyndham may have updated.

Thank you sir

 

[DaveGTR11]

Thanks for clarifying, @Grammarhero. I thought that was the case, but have been working in other areas too long.

Thank you

 

[DaveGTR11]

I have to say, everyone who has responded are just wonderful people! I’m grateful for your help, thank you all!

 

[TheTimeTraveler]

Honestly now I’m second guessing myself. I thought I was sending it certified, maybe I didn’t?

Looking at your photo and it appears to me that you sent it via Express Mail Service. It should reach the destination tomorrow, and it will have to be signed for as you have the green card attached (which requires a signature and the green card will come back to you for your records).

EMS (Express Mail Service) is not Certified Mail, but you do have proof that you mailed it (assuming you retained the mailing receipt). You will also have proof that they received it once you receive the signed green card (RETURN RECEIPT) back in your mailbox.

If I were doing it, I would return to the USPS on Tuesday and mail it via Certified Mail for no other reason other than to cover your bases. Just my opinion.

Best of luck!




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[delia817]

Going forward in case anyone else reads this thread asking for advice on how to rescind: the best way to rescind is very simple--write the letter, have all parties to the contract sign it, keep a copy for yourself, mail it at the post office by certified mail, keep the receipt from the post office that will show that you rescinded within the time period. If your contract specifies that you have it notarized and that you must sent it by priority overnight requiring a signature, then of course that's what you should do. Most contracts don't specify that though.

DaveGTR11, if it makes you feel better to do what you did, that's fine. But what does your sales contract say about how to rescind? Whatever it says is what you should do. Of course some timeshare sales dept. make it very difficult to even find the instructions for rescission. But, the generally legally accepted proof of mailing is just a certified mail receipt from the USPS.

Good morning,
Perhaps you can offer some advice. My husband purchased a timeshare yesterday and we regret it as I have researched it was not worth it. He is the only one on the contract but I paid using my credit card. I signed a third party use of funds release. Should the cancellation letter mention to return the paid charges to me as the third party funder? Thanks in advance.

 

[CCdad]

It looks good to me, but I'm not a lawyer. You do have a receipt from the post office showing the date you mailed it. You have a tracking number so you can see when it gets delivered. It will be interesting to see what the lawyers say. @Grammarhero

It may make sense to put a sticky thread at the top of the Wyndham thread with the basics involved in rescissions. I suspect there will be many requesting this.

My only caveat was that typically Wyndham only provides the P.O. Box in their rescission instructions in the contract, they don’t always provide the street address in Las Vegas. I thought that some USPS services having a P.O. Box negates the ability to get a signed return receipt.

With respect to the OP’s question on using both email and fax; you will know almost instantly if either attempts are unsuccessful (especially if sending the JPG/PDF of the rescission letter to an invalid email address).

 

[Passepartout]

Good morning,
Perhaps you can offer some advice. My husband purchased a timeshare yesterday and we regret it as I have researched it was not worth it. He is the only one on the contract but I paid using my credit card. I signed a third party use of funds release. Should the cancellation letter mention to return the paid charges to me as the third party funder? Thanks in advance.

I don't think it really HAS to- but it doesn't hurt either. The meaning of the term, 'rescission', is to put affairs back to where they stood before the purchase (or other contract) were drawn up. So it stands to reason that your funds would be returned to you anyway.

Jim

 

[DaveGTR11]

@Grammarhero Interesting point brought up this morning. How will a signature work going to a P.O. Box? Thanks in advance

 

[TheTimeTraveler]

It may make sense to put a sticky thread at the top of the Wyndham thread with the basics involved in rescissions. I suspect there will be many requesting this.

My only caveat was that typically Wyndham only provides the P.O. Box in their rescission instructions in the contract, they don’t always provide the street address in Las Vegas. I thought that some USPS services having a P.O. Box negates the ability to get a signed return receipt.

With respect to the OP’s question on using both email and fax; you will know almost instantly if either attempts are unsuccessful (especially if sending the JPG/PDF of the rescission letter to an invalid email address).

As a P.O. Boxholder I can say that any letters or packages that need a pick up or a signature will get a signature. The Post Office leaves a slip in the P.O. Box and the Boxholder is to go to the window to sign for the letters or pick up a package.

In the case of Certified Mail; It will NOT be released until it is signed for.



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[TheTimeTraveler]

@Grammarhero Interesting point brought up this morning. How will a signature work going to a P.O. Box? Thanks in advance

See post # 45



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[CCdad]

It may make sense to put a sticky thread at the top of the Wyndham thread with the basics involved in rescissions. I suspect there will be many requesting this.

My only caveat was that typically Wyndham only provides the P.O. Box in their rescission instructions in the contract, they don’t always provide the street address in Las Vegas. I thought that some USPS services having a P.O. Box negates the ability to get a signed return receipt.

With respect to the OP’s question on using both email and fax; you will know almost instantly if either attempts are unsuccessful (especially if sending the JPG/PDF of the rescission letter to an invalid email address).

I scrolled right past the rescission sticky post.

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

 

[Grammarhero]

See post # 45



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Normal certified mail certifies that mail was sent and received on a certain date. That is the legal gold standard. It doesn’t matter whether resort actually reads the letter; your legal obligation to send the rescission letter was complete.

Problem with signature required is that Wyndham might not pick up, particularly for a PO Box and in this pandemic, the rescission letter and claim plausible deniability. This is particularly since signature required is an “extra” service Wyndham never specified. You don’t want a disputed rescission to go this far, particularly since we haven’t received Wyndham rescission instructions since last December.

You don’t want any obstacles for resort to receive the rescission letter.

 

[TheTimeTraveler]

Normal certified mail certifies that mail was sent and received on a certain date. That is the legal gold standard. It doesn’t matter whether resort actually reads the letter; your legal obligation to send the rescission letter was complete.

Problem with signature required is that Wyndham might not pick up, particularly for a PO Box and in this pandemic, the rescission letter and claim plausible deniability. This is particularly since signature required is an “extra” service Wyndham never specified. You don’t want a disputed rescission to go this far, particularly since we haven’t received Wyndham rescission instructions since last December.

You don’t want any obstacles for resort to receive the rescission letter.

Any Certified mailing requires a signature at the receiving end; whether the mailing requires a return receipt or not. In any event, the mail piece is scanned "arrived at unit", and "attempted". It is further scanned "delivered" when and if the recipient signs for it.

I agree that it is critical that the mail piece be addressed to the address where the instructions say it is to be delivered (be it a P.O. Box or Street Address).




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[delia817]

I don't think it really HAS to- but it doesn't hurt either. The meaning of the term, 'rescission', is to put affairs back to where they stood before the purchase (or other contract) were drawn up. So it stands to reason that your funds would be returned to you anyway.

Jim

Thank you, I did it to be on the safe side.