Help with Arbitration - HGVC Max

[FuzeVette78]

I recently purchased an upgrade to utilize a benefit of HGVC's Centum level. During the sales presentation, the rep laid out the benefit of accruing dollars to use on travel and to pay for maintenance fees (much like earning miles on an airline credit for making purchases). I wrote out the explanation to ensure I correctly understood the benefit as it was described. After the purchase, now they are telling me the benefit doesn't exist. I have saved the text thread of the sales rep as well as the description I wrote out during our visit. I just want to get out of this purchase, and get back to where we were before (versus walking away from HGVC altogether). I have written a letter for arbitration since I'm outside the initial purchase window.

Can anyone recommend next steps or a good lawyer to help represent me during arbitration? If anyone else has been successful getting out of this situation, I'd appreciate your advice and who you used to represent you.

 

[dioxide45]

You'll certainly want some type of representation as there is more to it than just going into an arbitration meeting. Perhaps you want a record of the notes and any complaints the timeshare entity has on the sales person, the attorney may be able to help get a subpoena. You need to be very careful and have an attorney review your contract because there could be adverse arbitration rulings agains you where you may be responsible for the companies attorney fees. Which they will throw all kinds of attorneys into the arbitration. If you truely want to go ahead with arbitration, you need a lot more prep work. Many will advise against an attorney, but if you want arbitration you don't not want to have one. Many will advise against arbitration because it may be futile. I don't think anyone here can say that for sure. Proceed at your own risk.

I also suggest watching this video where they talk with an attorney who has done lots of arbitration cases with timeshare companies.

 

[geist1223]

When you read the actual Timeshare purchase Contract in detail most require Binding Arbitration in lieu of a law suit. Some of them require the non-prevailing party to pay the other party's legal costs.

Several years ago an interesting thing happened to Wyndham. Several parties filed a lawsuit against Wyndham in Federal District Court in Florida. Wyndham submitted the Contract to the Court and demanded the Parties comply with the Binding Arbitration Clause. The Federal Court dismissed the lawsuit without prejudice so the matter could go to Arbitration. The matter was then referred to AAA. While AAA was initially reviewing the Case they determined that the Wyndham written Binding Arbitration Clause was written in such a manner that AAA rejected that Case from Binding Arbitration. The Plaintiffs then refiled in Federal Court. I do not know the final outcome.

 

[davidvel]

When you read the actual Timeshare purchase Contract in detail most require Binding Arbitration in lieu of a law suit. Some of them require the non-prevailing party to pay the other party's legal costs.

Several years ago and interesting thing happened to Wyndham. Several parties filed a lawsuit against Wyndham in Federal District Court in Florida. Wyndham submitted the Contract to the Court and demanded the Parties comply with the Binding Arbitration Clause. The Federal Court dismissed the lawsuit without prejudice so the matter could go to Arbitration. The matter was then referred to AAA. While AAA was initially reviewing the Case they determined that the Wyndham written Binding Arbitration Clause was written in such a manner that AAA rejected that Case from Binding Arbitration. The Plaintiffs then refiled in Federal Court. I do not know the final outcome.

Yes, AAA rejects certain consumer cases where it cannot comply with the contractual arbitration agreement's terms based upon their rules and/or particular state laws.

 

[davidvel]

I recently purchased an upgrade to utilize a benefit of HGVC's Centum level. During the sales presentation, the rep laid out the benefit of accruing dollars to use on travel and to pay for maintenance fees (much like earning miles on an airline credit for making purchases). I wrote out the explanation to ensure I correctly understood the benefit as it was described. After the purchase, now they are telling me the benefit doesn't exist. I have saved the text thread of the sales rep as well as the description I wrote out during our visit. I just want to get out of this purchase, and get back to where we were before (versus walking away from HGVC altogether). I have written a letter for arbitration since I'm outside the initial purchase window.

Can anyone recommend next steps or a good lawyer to help represent me during arbitration? If anyone else has been successful getting out of this situation, I'd appreciate your advice and who you used to represent you.

Unless you scan and post the full agreement with the arbitration provision (redacted of any personal identifying info), no one can give you any real meaningful advice as to your particular situation.

 

[TUGBrian]

what was the response to your original letter requesting a cancellation along with the proof the salesperson lied?

in most cases ive seen where legitimate proof exists, the developer usually grants the exit?

an alternative option is to file a complaint with your state attorney generals office or whatever equivalent consumer protection division they have! the proof is what would separate you from most others making this complaint and if it truly exists and proves your story I would not think youd need an attorney nor arbitration!

 

[magmue]

I have saved the text thread of the sales rep as well as the description I wrote out during our visit.

Unless the sales rep signed your handwritten notes, they probably wont be considered as evidence, sadly. A text thread that includes the rep should help you, if s/he explicitly repeated what they told you face-to-face.

 

[davidvel]

Unless the sales rep signed your handwritten notes, they probably wont be considered as evidence, sadly.

Why do you say this? Are you applying federal or a particular state's rules of evidence in concluding this?

 

[FuzeVette78]

I recently purchased an upgrade to utilize a benefit of HGVC's Centum level. During the sales presentation, the rep laid out the benefit of accruing dollars to use on travel and to pay for maintenance fees (much like earning miles on an airline credit for making purchases). I wrote out the explanation to ensure I correctly understood the benefit as it was described. After the purchase, now they are telling me the benefit doesn't exist. I have saved the text thread of the sales rep as well as the description I wrote out during our visit. I just want to get out of this purchase, and get back to where we were before (versus walking away from HGVC altogether). I have written a letter for arbitration since I'm outside the initial purchase window.

Can anyone recommend next steps or a good lawyer to help represent me during arbitration? If anyone else has been successful getting out of this situation, I'd appreciate your advice and who you used to represent you.

Here is the details in the contract for both cancellation as well as arbitration.

 

[FuzeVette78]

Unless you scan and post the full agreement with the arbitration provision (redacted of any personal identifying info), no one can give you any real meaningful advice as to your particular situation.

Here is the details in the contract for both cancellation as well as arbitration.

How do I post images? I didn't see details in the help section.

 

[davidvel]

How do I post images? I didn't see details in the help section.

If it is an image file, you can click the little picture and upload the file. (You can also just copy and paste an image directly into your post.)

If it is a different file like a .pdf, click attach files and follow along. Then click Insert on the image to place it in your post if it a supported type.

 

[FuzeVette78]

Thanks. When I click to add an image it wants a http.

 

[TUGBrian]

click the "attach files" button to upload an image

[How to] Include images in your posts

There are several ways to incorporate images in your posts. Here's how: Drag and Drop / Copy and Paste With your cursor you can drag an image from the internet or your computer and drop it into your message composition window. You can also copy the image and paste it into your message. Either...

tugbbs.com

 

[magmue]

Why do you say this?

I'm not a lawyer, and if you are a lawyer and disagree, I would love to hear how that might work in a situation like this. If I sit in a meeting with a timeshare weasel and take notes that read "and Hilton promises my maintenance fees will never ever go up", will the judge consider that reliable evidence of promises made? Or will s/he rule in favor of Hilton, whose lawyers will claim that my notes reflect a sad misunderstanding of what the weasel was actually saying?

I don't doubt the OP's notes, just doubt how it would play out in a court or arbitration hearing.

 

[dioxide45]

If you're on a computer, you can also just drag and drop.

 

[montygz]

I recently purchased an upgrade to utilize a benefit of HGVC's Centum level. During the sales presentation, the rep laid out the benefit of accruing dollars to use on travel and to pay for maintenance fees (much like earning miles on an airline credit for making purchases). I wrote out the explanation to ensure I correctly understood the benefit as it was described. After the purchase, now they are telling me the benefit doesn't exist. I have saved the text thread of the sales rep as well as the description I wrote out during our visit. I just want to get out of this purchase, and get back to where we were before (versus walking away from HGVC altogether). I have written a letter for arbitration since I'm outside the initial purchase window.

Can anyone recommend next steps or a good lawyer to help represent me during arbitration? If anyone else has been successful getting out of this situation, I'd appreciate your advice and who you used to represent you.

As someone above said, I also would suggest trying to resolve this by stating your case up the chain at HGVC. Be persistent, as they just want you to give up.

Only after you have exhausted those efforts would I consider advancing to arbitration, if at all.

There have been many studies showing that arbitration is stacked against customers. That is why companies favor it.

In any case, the most important document is what the contract spells out for what you are promised, the printed explanation of benefits and then any documentation you have in the text thread with sales.

Verbal promises, even if you have notes, can be explained as a misunderstanding by you or a misinterpretation by you. For example, the salesperson says you can use a credit card to buy the Centrum level and pay for the fees, then use those card points to fund your future travel.

Good luck!

 

[davidvel]

I'm not a lawyer, and if you are a lawyer and disagree, I would love to hear how that might work in a situation like this. If I sit in a meeting with a timeshare weasel and take notes that read "and Hilton promises my maintenance fees will never ever go up", will the judge consider that reliable evidence of promises made? Or will s/he rule in favor of Hilton, whose lawyers will claim that my notes reflect a sad misunderstanding of what the weasel was actually saying?

I don't doubt the OP's notes, just doubt how it would play out in a court or arbitration hearing.

Rules of evidence are dependent on the particular state or jurisdiction. Also there are often different rules in arbitration proceedings.

Generally, in most jurisdictions, such notes taken during a meeting would be admissible if the other side claimed your recollection about what they told you was not accurate. Also they would be admissible (in part) if you could not remember exactly what they told you. Thus, notes taken contemporaneously of what an opposing party said would generally be admissible in almost every jurisdiction, presuming your lawyer knew how to proceed properly.

People will point to clauses in contracts that state that oral statements that contradict the written terms are not admissible to establish the terms of the contract. However such clauses do not generally apply to fraud claims, including fraudulent inducement to enter into a contract.

My point in referencing your statement was that people who are not trained in the law (or any other expertise) who post what they think the law is but have no formal training or background to do so, often can harm those who they are trying to help. Cheers!

 

[FuzeVette78]

I recently purchased an upgrade to utilize a benefit of HGVC's Centum level. During the sales presentation, the rep laid out the benefit of accruing dollars to use on travel and to pay for maintenance fees (much like earning miles on an airline credit for making purchases). I wrote out the explanation to ensure I correctly understood the benefit as it was described. After the purchase, now they are telling me the benefit doesn't exist. I have saved the text thread of the sales rep as well as the description I wrote out during our visit. I just want to get out of this purchase, and get back to where we were before (versus walking away from HGVC altogether). I have written a letter for arbitration since I'm outside the initial purchase window.

Can anyone recommend next steps or a good lawyer to help represent me during arbitration? If anyone else has been successful getting out of this situation, I'd appreciate your advice and who you used to represent you.

I recently purchased an upgrade to utilize a benefit of HGVC's Centum level. During the sales presentation, the rep laid out the benefit of accruing dollars to use on travel and to pay for maintenance fees (much like earning miles on an airline credit for making purchases). I wrote out the explanation to ensure I correctly understood the benefit as it was described. After the purchase, now they are telling me the benefit doesn't exist. I have saved the text thread of the sales rep as well as the description I wrote out during our visit. I just want to get out of this purchase, and get back to where we were before (versus walking away from HGVC altogether). I have written a letter for arbitration since I'm outside the initial purchase window.

Can anyone recommend next steps or a good lawyer to help represent me during arbitration? If anyone else has been successful getting out of this situation, I'd appreciate your advice and who you used to represent you.

 

[FuzeVette78]

If you're on a computer, you can also just drag and drop.

Thanks. I was an issue with Chrome, but it worked on Safari.

 

[davidvel]

View attachment 118940View attachment 118941

Is there anything after that about arbitration or mediation? Is there anything in the contract about attorney fees?

 

[FuzeVette78]

Is there anything after that about arbitration or mediation? Is there anything in the contract about attorney fees?

Neither of those items is listed in the contract.

 

[davidvel]

Neither of those items is listed in the contract.

If not, there is little risk to you, other than paying the $225 AAA fees. All other fees and costs are borne by HGVC. These include initial filing fees of about $2,000, as well as 500 per hearing and $300/hr for arbitrator time. Including the initial status hearing they will be in for at least $3,000 just to start.

You can keep requesting hearings such as discovery hearings, etc. and this will cost them about $1,000 per hearing. It likely would cost them upwards of $10,000 to complete the arbitration. They may decide it is not worth it to spend all this money. That being said, you may want to pay a lawyer for few hours time to draft your demand and give you advice so you have the right leverage if you are going to do it yourself.

AAA Consumer Arbitration Rules & Fees

AAA’s consumer arbitration rules ensure fairness and transparency. Access procedures, forms, and fees for consumer dispute resolution.

www.adr.org