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Help! Question about cancelling contract

L

La_Doshis

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Hello, new to this forum so i hope i am posting this question in the correct place. I was roped into getting a timeshare at the welk in escondido on 7/18 but after i read through the contract, and read reviews and posts (including TUGs) i sent a letter cancelling the contract on 7/22 and the letter was dated 7/21 (couldnt leave work early on the 21st to send) Sent it certified mail and it has not arrived yet! Also, on the notice of cancellation i had it said i could also send through fax so i did to cover my bases. Also sent an email saying i sent the letter to cancel. The last day to cancel is 7/25 and i am panicking since the letter of cancellation has not arrived.
Is the cancellation in effect the date i signed the letter, the date i sent it or the day it arrives at the resort?
Thank you for any assistance!
 
Date of CERTIFIED mailing on your Post Office receipt is the LEGAL proof of service by rescind date ... AND that is WHY you send it certified mail!

They can decide to pick it up whenever (or not) ... but kept that little GREEN AND WHITE slip of paper with the USPS DATE STAMP .... your proof of rescinding on time ... not the delivery date!
 
Why not also send another letter via first class USPS (stamp) today. Go to the post office so it is post marked today. You can also send a fax today.

Of course, you didn't specify where you live or where the letter was being sent to. How far does it need to travel? It is also possible that it was delivered but the postal delivery person just dropped it and did not obtain the signature needed or scan the delivery.

While the letter is effective with the date you send it. If for some reason they don't receive it, I would think it is up to you to prove that you mailed it. Possibly proving it in court.
 
dioxide45 said:
Why not also send another letter via first class USPS (stamp) today. Go to the post office so it is post marked today. You can also send a fax today.

Of course, you didn't specify where you live or where the letter was being sent to. How far does it need to travel? It is also possible that it was delivered but the postal delivery person just dropped it and did not obtain the signature needed or scan the delivery.
Click to expand...

OP: Skip the fax; it is useless and legally meaningless unless overtly identified in the rescission instructions as an acceptable means of delivery (highly unlikely).

Postmark date of the rescission letter (and the ability to prove same via certified mail receipt retention) ultimately rules all; everything else borders on irrelevant.

Few, if any, developers (...not even slimy Westgate) attempt to play games with properly and timely executed rescissions. They know full well that they can never prevail over a consumer who has properly and timely exercised a legal right which is very clearly provided to them by applicable state law.
 
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theo said:
OP: Skip the fax; it is useless and legally meaningless unless overtly identified in the rescission instructions as an acceptable means of delivery (highly unlikely).

Postmark date of the rescission letter (and the ability to prove same via certified mail receipt retention) ultimately rules all; everything else borders on irrelevant.

Few, if any, developers (...not even slimy Westgate) attempt to play games with properly and timely executed rescissions. They know full well that they can never prevail over a consumer who has properly and timely exercised a legal right which is very clearly provided to them by applicable state law.
Click to expand...

It seems based on the OP that fax was acceptable and indicated in the contract, which they did send along with the certified letter. I think their bases are covered. One may not hear anything from the developer when they exercise. They will just get their refund 30 days later. Though quite often they will get a call from the sales rep trying to save the sale.
 
dioxide45 said:
It seems based on the OP that fax was acceptable and indicated in the contract, which they did send along with the certified letter.
Click to expand...

I missed that "fax" reference in the OP post; my bad. It is highly unusual for a developer to allow rescission by fax. More importantly, fax alone makes it virtually impossible for the sender to actually prove successful delivery. "Transmitted o.k." being indicated on the sender's machine is very weak evidence if documentary proof should ever be needed later, particularly since dates and times can be so very easily manipulated on almost any fax machine.

In any event, it would seem that the OP "belt and suspenders" approach should be entirely sufficient to effect rescission, although it could actually (and lawfully) take up to 45 days for deposit refund to be issued.
 
I recommend mailing the letter both certified and regular. Regular gets there faster w/o any issue of acceptance. Certified mail usually takes a few more days to deliver becuz of the extra tracking steps it has to go thru. Its routed thru a special tracking system, rather than simply be handed to a carrier. When it is delivered, there may be a delay waiting for someone to accept it. So, I now suggest both... Regular might get you a slightly faster refund.
.
 
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I like to use USPS express mail envelopes (the big ones). It provides a tracking number and I can check on-line when it arrives. It is also a bit cheaper than the certified mail, it can go to a P.O. box, it usually arrives in 2 days and I don't have any concern about the recipient perhaps refusing to accept/sign for. On important things, I keep my receipt plus I print out the delivery details. :cheer:
 
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Sent fax, sent it certified mail and i sent an email. Im going to send it again before the post closes today...
 
I had a case of sending certified mail and it got lost in the usps system. I enquired and it turned out that it was looping within the system, mail was transfered to wrong cities etc... it was finally found and delivered after a whole month. So sending and faxing again is a good idea.
 
La_Doshis said:
Sent fax, sent it certified mail and i sent an email. Im going to send it again before the post closes today...
Click to expand...

Definitely send a fax today if that is listed in the contract as an accepted delivery method.
 
Quick update- got a call from an unknown number, let it go to vm per the recomendation from TUGers; and it was the resort. It wasnt my salesperson but someone else talking about a closeout of escrow? What does that mean?
Also, i received an email from a rep saying that they received my notice of cancellation and are noting the cancellation for 7/22/2015. Should i call this person that left a message back?
 
La_Doshis said:
Quick update- got a call from an unknown number, let it go to vm per the recomendation from TUGers; and it was the resort. It wasnt my salesperson but someone else talking about a closeout of escrow? What does that mean?
Also, i received an email from a rep saying that they received my notice of cancellation and are noting the cancellation for 7/22/2015. Should i call this person that left a message back?
Click to expand...

Nope. Just let them do their thing as required by law. If you talk to someone, they will try to talk you into keeping the contract.
 
La_Doshis said:
..... Should i call this person that left a message back?
Click to expand...

NO WAY do you call them back. Relax ... it will be done.

Now start learning all about Wyndham and figure out HOW you and your family will gain the most IF you buy a resale Wyndham contract or another brand. But do NOT BUY anytime timeshare for a LEAST 6-12 months.... nothing, as you really are a NEWBIE!

Learning is HARD WORK .. but you are being PAID from all the SAVINGS you got by keeping your MONEY via rescinding the developer purchase!

Welcome to TUG! Let the fun begin!
 
Ok, thanks everyone! Yes i am most definitely a newb and want to learn as much as possible. I was thinking of renting first and just learning how to do that for a while before making a purchase. We want to look for a trip to Maine.
 
Join TuG, look at rentals in Tug Marketplace!
 
La_Doshis said:
I was thinking of renting first and just learning how to do that for a while before making a purchase.
Click to expand...

Renting before you buy is never a bad idea. Besides the TUG Marketplace, you can also try the Last Minute Rental forum:

http://www.tugbbs.com/forums/forumdisplay.php?f=46

If you can wait until 45 days before your trip starts, you can post an ad for free what, where, and when you want to rent. The owner cannot charge you more than $100/day or $700/week. Some owners with points packages just might be able to accommodate your request. :)
 
renting is the suggestion I personally give to anyone looking to buy a timeshare for the first time.

welcome to TUG =)
 
I would say visit the resort you are thinking about buying n at least twice on rented points. Your judgement could be clouded on just one visit, make sure you enjoy the place enough by getting there twice.
 
Back when I was building my portfolio of TS Weeks I would make sure to visit any I thought I might be interested in buying. I learned the hard way. Early in the game I bought then visited. A couple of times I was appalled by what I had bought. Fortunately it was years ago and it was pretty easy to get rid of them.

George
 
bogey21 said:
Back when I was building my portfolio of TS Weeks I would make sure to visit any I thought I might be interested in buying. I learned the hard way. Early in the game I bought then visited. A couple of times I was appalled by what I had bought. Fortunately it was years ago and it was pretty easy to get rid of them.

George
Click to expand...

In fairness, guest reviews both here on TUG and on TripAdvisor, Yelp, etc., have come a very long way since then. I spend a lot of time researching potential resorts before agreeing to take them on. The one in Puerto Vallarta I took site unseen, because A) the reviews are very high, and B) the contract I took is grandfathered to AI optional in a now AI mandatory resort (with the added bonus that there are only 2 use years left, so my risk wasn't extensive). I did not visit Dolphin's Cove, but based on reviews, tradability of the resort, and good knowledge of the area. The third one I took is 2 miles from my home.
 
Is there a list somewhere on TUG that listsall the acronyms and what they mean? Thanks!!
 
Thanks for the link!

Also- quick update. The welk called my husband and even though i told him not to answer he picked up! :annoyed::doh::doh::wall::wall: and they tried to get him to change his mind and he said no and now they sent an email w/ an offer thats "cheaper". sighhhhhh *rolling my eyes* :rofl:
 
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