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HGVC Recission effort

Florida Sid

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We purchased a HGVC timeshare last month. We had questions about the bonus points they included in the purchase and spoke to our sales person. On the 10th day after our purchase she said the info we wanted was at work and she would not be in for 2 days. On the 3rd day I called her and she sent it the next day. As I suspected, it was not what I thought had been promised. With the help of your site we prepared a recission letter, sent it certified this past Monday. It was received Wednesday, day before yesterday. What are our chances of getting this contract cancelled? Our down payment was with a credit card. Should we file a dispute through VISA? Hope you can help.

FYI, we have 2 current HGVC timeshares; 1 @ Seaworld we purchased through HGVC about 10 years ago and one at the Flamingo we bought through another website. Part of our contract for this most recent purchase involved them buying back the Flamingo unit for 10 times what we paid for it. Even with that the total price is about $10,000 over what we can buy the same unit on the resale mkt. This was all driven on our part by becoming Elite status with HGVC.
 

theo

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Not enough info...

We purchased a HGVC timeshare last month. We had questions about the bonus points they included in the purchase and spoke to our sales person. On the 10th day after our purchase she said the info we wanted was at work and she would not be in for 2 days. On the 3rd day I called her and she sent it the next day. As I suspected, it was not what I thought had been promised. With the help of your site we prepared a recission letter, sent it certified this past Monday. It was received Wednesday, day before yesterday. What are our chances of getting this contract cancelled? Our down payment was with a credit card. Should we file a dispute through VISA? Hope you can help.

FYI, we have 2 current HGVC timeshares; 1 @ Seaworld we purchased through HGVC about 10 years ago and one at the Flamingo we bought through another website. Part of our contract for this most recent purchase involved them buying back the Flamingo unit for 10 times what we paid for it. Even with that the total price is about $10,000 over what we can buy the same unit on the resale mkt. This was all driven on our part by becoming Elite status with HGVC.

The time period for contract rescission is determined by individual state law. In most states, that time period is 5-7 days, although it's as few as 3 days in a few states, 10 days in Florida and 15 days in Alaska.

You mention "last month", but neither the state of purchase nor an actual date, both of which determine whether you have any real shot at contract rescission. If you're already outside of the rescission window, you are likely SOL and have few options other than expensive legal action, with (at best) uncertain results.

P.S. Postmark date of your rescission letter (i.e., not the date of receipt) is the important date for meeting state law contract rescission deadline.

P.P.S. You may cancel the credit card used for the deposit, but taking that action will not in any way change or invalidate the purchase contract which you voluntarily executed. Also, any and all phone conversations or other verbal exchanges occurring during the rescission period are legally meaningless. The contract rescission door opens upon contract execution and the door later closes shut when the applicable state law dictates. Conversations occurring in between are just sounds floating in the breeze, which ultimately matter not at all.
 
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presley

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If you are past the date, you may just be out of luck. You can certainly dispute with your credit card, but you will need to prove that you didn't receive what you paid for.
 

Florida Sid

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I am past the 10 days allowed for in Florida. My decision was delayed by the salesman delaying giving me the info I requested.
 

Rent_Share

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I am sure that was purely accidental

Contacting the sales department during the rescission period makes you an owner
 

Patri

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I am past the 10 days allowed for in Florida. My decision was delayed by the salesman delaying giving me the info I requested.

It was intentional on her part. I'd still try to fight it, and include in all correspondence the salesperson's failure to respond. At least shows good faith on your part that you were seeking information.
 

icydog

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I am sure that was purely accidental

Contacting the sales department during the rescission period makes you an owner

How true this statement is.
 

Florida Sid

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HGVC Success At Last

Many weeks ago I posted the message below asking for help with the recission process from TUG members. With TUG's help I sent a letter requesting a recission of my contract. For weeks there was no reply. About a month ago I began calling trying to talk to someone regarding my status. One of those departments I called was the Members Assistance office at HGVC. I spoke to a person who took down the information about my claim. Two weeks later I called again to check the status and was told my case had been given to a person to look into. About two weeks later I received a call telling me they had approved my recission request! I asked for a confirmation email which came that same day. Today I received a letter telling me the refund had been made in the manner in which the payment had been made. I checked my credit card on line and there was a credit for the amount we had put down. YAHOO. Thanks TUG for your help in getting me started


We purchased a HGVC timeshare last month. We had questions about the bonus points they included in the purchase and spoke to our sales person. On the 10th day after our purchase she said the info we wanted was at work and she would not be in for 2 days. On the 3rd day I called her and she sent it the next day. As I suspected, it was not what I thought had been promised. With the help of your site we prepared a recission letter, sent it certified this past Monday. It was received Wednesday, day before yesterday. What are our chances of getting this contract cancelled? Our down payment was with a credit card. Should we file a dispute through VISA? Hope you can help.

FYI, we have 2 current HGVC timeshares; 1 @ Seaworld we purchased through HGVC about 10 years ago and one at the Flamingo we bought through another website. Part of our contract for this most recent purchase involved them buying back the Flamingo unit for 10 times what we paid for it. Even with that the total price is about $10,000 over what we can buy the same unit on the resale mkt. This was all driven on our part by becoming Elite status with HGVC.
 

theo

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Congratulations!

Many weeks ago I posted the message below asking for help with the recission process from TUG members. With TUG's help I sent a letter requesting a recission of my contract. For weeks there was no reply. About a month ago I began calling trying to talk to someone regarding my status. One of those departments I called was the Members Assistance office at HGVC. I spoke to a person who took down the information about my claim. Two weeks later I called again to check the status and was told my case had been given to a person to look into. About two weeks later I received a call telling me they had approved my recission request! I asked for a confirmation email which came that same day. Today I received a letter telling me the refund had been made in the manner in which the payment had been made. I checked my credit card on line and there was a credit for the amount we had put down. YAHOO. Thanks TUG for your help in getting me started

You are a very lucky man, having clearly failed to submit your rescission request to HGVC within the 10 day time period provided by applicable Florida law.

Surely, the fact that you are already a current HGVC owner made all the difference in their decision to allow you to rescind, well after the 10 day FL period had already expired. HGVC clearly (...and wisely) decided that they don't really need or want an existing owner to become alienated and disgruntled, solely as a result of a (likely deliberate) delay tactic exhibited by a HGVC sales employee. A prudent PR decision by HGVC.

In any case, sincere congratulations. Drinks are on you! ;)
 
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lizap

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I haves found HGVC to be quite efficient in processing recission requests...


Many weeks ago I posted the message below


asking for help with the recission process from TUG members. With TUG's help I sent a letter requesting a recission of my contract. For weeks there was no reply. About a month ago I began calling trying to talk to someone regarding my status. One of those departments I called was the Members Assistance office at HGVC. I spoke to a person who took down the information about my claim. Two weeks later I called again to check the status and was told my case had been given to a person to look into. About two weeks later I received a call telling me they had approved my recission request! I asked for a confirmation email which came that same day. Today I received a letter telling me the refund had been made in the manner in which the payment had been made. I checked my credit card on line and there was a credit for the amount we had put down. YAHOO. Thanks TUG for your help in getting me started
 

Rent_Share

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I haves found HGVC to be quite efficient in processing recission requests...

But the OP was not timely in submitting his request (within the statute)
 

Talent312

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Kudos to HGVC for allowing the rescission, but I'm concerned that the OP's notion that state law can be suspended by asking a question might spread...

"I asked the Trooper if the speed limit applied to me and he said he'd get back to me on that.
He never answered my question, but just gave me a ticket. Do I still have to pay the fine?"
.
 
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