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[ 2017 ] Need Help Rescinding Holiday Inn Club Vacations Time Share

Njramsey

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the state you signed the contract in dictates how long you have to legally rescind.

it ranges from 3 to 15 days, sadly back in feb is well past any legal rescission period.
So once you pass this date how do you get out
 

Njramsey

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My wife and I went involved in this matter and bought at Holiday Inn Club Vacation in timeshare. After buying in April 2019 then several months passed to activate our account until debiting payments amounting to 4,500 dollars. But after activating the account I have tried to use but we had this deception we realize that what they sold to us at the moment does not work.

Now we can't make a reservation at national hotels in the Dominican Republic we can't book outside our conuntry because there is never availability. We want to end the contract and we would like to know what is the best way to end this deception so as not to pay something that we will never be able to use because we are in the Caribbean.

We would like to cancel this contract , this is a hoax and we were scammed....
Where you able to cancel? I am trying to find out how to cancel?
 

Njramsey

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Hi there,

I'm new to tugbbs but I've read a few of the forums here. I need a bit of clarification that would be much appreciated.
I signed up not realizing how expensive it would be for 2 vacations per year. I have 100,000 points with Holiday Inn Vacation Club and realized that it entitles us to 2-2.5 vacation days PER YEAR. When originally signing up, we were misled to think the 40,000 points were for the full period of the vacation week and not 40,000 points per NIGHT at the hotels. We want to cancel our timeshare, however, I'm not sure if we are eligible for a rescission simply because although we just made the last payment for the deposit 3 days ago, we signed the contracts back in October when we originally signed up. Is there a way to cancel this timeshare as we cannot afford to keep it, it will cost us 3-4 times our regular vacation funds each year. I'd love to get some or all of our funds back but don't think I'll be so lucky. However, what are my options at this point? Despite it being a legal contract, can we write a letter to cancel and that seal the deal?

Thanks for the help!
Where you able to cancel? Any advice? I am trying to cancel, I owe so much and we can not afford it we need out!!!
 

TUGBrian

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So once you pass this date how do you get out

well sadly if you are past that date, you dont have very many good options.

1. you can still try to cancel following the instructions, but if you are beyond your legal rescission date they have no obligation to let you out. squeaky wheel sometimes gets the grease.
2. default
3. learn to use what you purchased...unfortunately this will be the only way to extract any value out of your ownership.

sadly if you still owe on the loan, its doubly more difficult as the creditor who lent you the money expects to be paid back that money they loaned, and are going to be far more aggressive at recovering those funds should you become unable or unwilling to pay.

if you transfer the loan balance to another line of credit, you can give your ownership back to holiday inn for free and be rid of the maintenance fees.
 

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Depending on when you signed the contract, you can rescind (terminate the contract) without penalty. Once that time has passed, you are obligated to complete (pay) the contract. It's almost impossible to cancel after the time has passed for you to cancel unless you have written proof that you were promised something that was not in the contract. The fact that you signed up for payments you can't afford is not grounds to cancel. Sorry. The alternative is to simply stop paying, but that can have serious repercussions on your credit- including reduced score, foreclosure, collection and lawsuit including garnishment of pay.

Good Luck!

Jim
 

3663fbdad

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Hey everyone, I'm new here just in the past few days, and I apologize for not posting until now, but when I found the site I felt that I needed to get busy rescinding immediately......The wife and I took the HICV offer to go to Gatlinburg, TN for a few nights. I never thought I would get caught up in this mess but here we are......The sales pitch was very good, but with that said, we are not really mad at those folks, however, we are extremely mad at ourselves.
We purchased (signed by both) on Saturday evening 9/26/2020, by noon Sunday on the trip home, I literally began to feel sick about the decision. Shortly after arriving home I began some research and starting feeling even worse. Work on Monday was a mess, I started the rescission letter that day at work, I talked more with the wife after work and we had the letter (signed by both) sent out by USPS certified return receipt mail on Tuesday 9/29/2020 by 2 pm (In Tenn. you have ten days)......I pray that I had everything correct.
Also, it was a bit tricky finding the proper address. The sheet they give you about canceling/rescinding says to send to "Seller" at the address given. Then you have to track down the correct seller name. I might not should have but I also sent it to the Land Trust Co, the Escrow Co, and the Title Co. too.....I included highlighted copies with TN code for rescission, address', etc......I also returned the member kit and member orientation trip offer.
As a reminder, those mailings can be tracked with the tracking number on the receipt
A question I do have is this.....just to be safe should I send the letter again?
I will try to keep everyone updated and thanks to all that participate here......I really hope this works out!!!
 

rickandcindy23

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The return receipt is proof that you sent it and all you need, but I would be worried the same as you are. I don't know why they are allowing these companies to hide the information for the address you need to send to. That is my concern.
 

TheTimeTraveler

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Hey everyone, I'm new here just in the past few days, and I apologize for not posting until now, but when I found the site I felt that I needed to get busy rescinding immediately......The wife and I took the HICV offer to go to Gatlinburg, TN for a few nights. I never thought I would get caught up in this mess but here we are......The sales pitch was very good, but with that said, we are not really mad at those folks, however, we are extremely mad at ourselves.
We purchased (signed by both) on Saturday evening 9/26/2020, by noon Sunday on the trip home, I literally began to feel sick about the decision. Shortly after arriving home I began some research and starting feeling even worse. Work on Monday was a mess, I started the rescission letter that day at work, I talked more with the wife after work and we had the letter (signed by both) sent out by USPS certified return receipt mail on Tuesday 9/29/2020 by 2 pm (In Tenn. you have ten days)......I pray that I had everything correct.
Also, it was a bit tricky finding the proper address. The sheet they give you about canceling/rescinding says to send to "Seller" at the address given. Then you have to track down the correct seller name. I might not should have but I also sent it to the Land Trust Co, the Escrow Co, and the Title Co. too.....I included highlighted copies with TN code for rescission, address', etc......I also returned the member kit and member orientation trip offer.
As a reminder, those mailings can be tracked with the tracking number on the receipt
A question I do have is this.....just to be safe should I send the letter again?
I will try to keep everyone updated and thanks to all that participate here......I really hope this works out!!!


Post # 3 on this thread does contain an address in Kissimmee, Florida for sending rescission paperwork. Now this posting is three years old, but I would be tempted to mail another copy of your rescission letter to that particular address if you haven't done so already......

Check it out and act quickly!

BEST OF LUCK and let us know how you finally make out.


.
 

3663fbdad

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Post # 3 on this thread does contain an address in Kissimmee, Florida for sending rescission paperwork. Now this posting is three years old, but I would be tempted to mail another copy of your rescission letter to that particular address if you haven't done so already......

Check it out and act quickly!

BEST OF LUCK and let us know how you finally make out.


.
The 8505 W. Irlo Bronson Memorial Hwy. Kissimmee, Florida 34747 address is what I had for the "Orange lake Land Trust" and "Wilson Resort Finance, LLC" (Which is listed as the creditor). I sent to both also......What I found the "Seller" name on was the front page of the purchase agreement.....Per the heading "SELLER/DEVELOPER: Holiday Inn Club Vacations Incorporated 9271 S. John Young Pkwy, Orlando FL 32819" which matched the address on the notice sheet about being able to cancel under the TN code. Thanks for responding!!
 

Grammarhero

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The 8505 W. Irlo Bronson Memorial Hwy. Kissimmee, Florida 34747 address is what I had for the "Orange lake Land Trust" and "Wilson Resort Finance, LLC" (Which is listed as the creditor). I sent to both also......What I found the "Seller" name on was the front page of the purchase agreement.....Per the heading "SELLER/DEVELOPER: Holiday Inn Club Vacations Incorporated 9271 S. John Young Pkwy, Orlando FL 32819" which matched the address on the notice sheet about being able to cancel under the TN code. Thanks for responding!!
I have the address as S John Young as attached. Let’s hope and pray for the best.

To track TUG rescission savings, mind sharing how much you saved with rescission? As half of tuggers initially bought developer/retail TS, there is no shame.
 

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3663fbdad

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I have the address as S John Young as attached. Let’s hope and pray for the best.

To track TUG rescission savings, mind sharing how much you saved with rescission? As half of tuggers initially bought developer/retail TS, there is no shame.
$11,627.00......I hope
 

3663fbdad

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Sorry I haven't updated our situation. Life has been hectic but I am happy to report that everything worked out for us. Even received a letter back confirming the rescission. Because of the help of this forum, thankfully we saved a tick over $12,000.00. What a blessing! Whole process took just about 2-1/2 weeks. Thanks again!
 

theveed

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Hi Passepart, my wife and I were talked into buying the Holiday Inn Club Vacation timeshare
on April 10, 2021, in New Orleans, Louisiana during our vacation trip there. We attended the presentation, and did not plan on taking out a loan of about 11,000 for 50,000 points and owning a property in their Fox River, IL resort. Long story short, the presentation and our time in the office took about 3 and a half hours. We don't really know how they managed to sell us the property and taking out the loan, but it happened.

We did not like the idea of taking out a loan and owing debt to a property that had a yearly maintenance cost. My wife and I had buyer's remorse. We were taken into a room with the quality assurance person who said that we were being recorded during the signing and notarizing of the documents. The quality assurance person gave us the Owner's Kit, a book that had all the information about the point system and the different locations of Holiday Inn Club Vacations and also the different hotels overseas.

During the signing process, the quality assurance person was not going to give us a copy of all the documents we were signing because she said that a copy of it will be sent to our email the next day and that it was just going to waste the trees if she had made us a copy. However, my wife was able to obtain a copy of all the documents and there we found out all the information about being able to cancel (rescind) the contract. We had about 7 days to cancel. We followed the instructions in the legal documents, and sent the letter of cancellation and to refund the down payment of $1160.00, sent using 1 day overnight shipping on 04/12/21 and it was received in the Holiday Inn Club Vacations Office in Orlando, FL (this was the address in the legal document) 04/14/21.

On Tuesday, 04/20/21 we received a phone call from the quality assurance person saying she can't process the refund until we gave her a call. We followed your advice, and did not return her phone call and she eventually refunded the $1110.00 down payment, but it's missing the $50.00.

She called again today and left a voicemail saying we need to return the "Owner's Kit". Could this be the reason why we didn't fully get our refund? And she told us again to give her a call back in order to full refund the rest of the amount. Our concern is that if we don't call her back, she wouldn't give us the full amount. We don't plan on contacting her back and we're just going to mail the Owner's Kit to the same address we sent the cancellation letter. What should we do now?

Any advice would be really helpful.

Thank you all!
 

TheTimeTraveler

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Consider yourself lucky on saving yourself $11,000.

Tell them to send you the $50 and you'll return the owner's kit, otherwise they can pound sand.

Chalk up the $50 to a learning experience.

Welcome to TUG.





.
 
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Leona11

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Hello new to this me and my husband attended a presentation at the hoilday inn club vacations at myrtle beach on Friday the 8th. we both planned on saying no but the salesmen are so good and of course talked us into it 40 points for 12,000 put $305 down and planned on making payments for the rest of the down payment. idk what we were thinking. But made me so sick just thinking about it. So talked to my husband and I typed up a letter when we got home Sunday and both signed it. well went to the post office today and they are closed tomorrow is my 5th day. Do I need to try to send my letter over night or just certified?
 

Grammarhero

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Hello new to this me and my husband attended a presentation at the hoilday inn club vacations at myrtle beach on Friday the 8th. we both planned on saying no but the salesmen are so good and of course talked us into it 40 points for 12,000 put $305 down and planned on making payments for the rest of the down payment. idk what we were thinking. But made me so sick just thinking about it. So talked to my husband and I typed up a letter when we got home Sunday and both signed it. well went to the post office today and they are closed tomorrow is my 5th day. Do I need to try to send my letter over night or just certified?
If you can, try to send USPS certified. No need to send overnight. If post office are closed, you may want to try UPS. Some UPS stores offer USPS service.
 

SraJ

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I hope I’m doing this right, and apologize if not. I’m new to the site. In a similar situation I’ve read many of you were in over the past few years. Serious regret set in the very night we purchased from the resort so I immediately started researching and came across this thread. I can’t thank you all enough for the info I’ve been provided just reading all these posts. My “right to cancel” page states I can legally do so “before the sixth day after signing.” We signed on the 18th, and today is the 21st. So by my calculations, this is day 3…we’ll within the cancellation period. I’ve composed a letter clearly stating that we are exercising our right to cancel, dated, signed by both my husband and myself. I’ve also included a copy of the first page of our contract with the contract number hilighted, as well as a copy of the right to cancel page. Am I leaving anything out? I will be sending via certified mail today. Thanks!!
 

Herbalwise

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P.S. I wouldn't rely on certified mail, may be too late. Can't you hand carry it to the sales dept.?
 

Bmatrose

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I hope I’m doing this right, and apologize if not. I’m new to the site. In a similar situation I’ve read many of you were in over the past few years. Serious regret set in the very night we purchased from the resort so I immediately started researching and came across this thread. I can’t thank you all enough for the info I’ve been provided just reading all these posts. My “right to cancel” page states I can legally do so “before the sixth day after signing.” We signed on the 18th, and today is the 21st. So by my calculations, this is day 3…we’ll within the cancellation period. I’ve composed a letter clearly stating that we are exercising our right to cancel, dated, signed by both my husband and myself. I’ve also included a copy of the first page of our contract with the contract number hilighted, as well as a copy of the right to cancel page. Am I leaving anything out? I will be sending via certified mail today. Thanks!!
Send certified mail, it will give you a receipt of when you sent it. If you hand it to them it could get "lost"
 

TheTimeTraveler

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P.S. I wouldn't rely on certified mail, may be too late. Can't you hand carry it to the sales dept.?


As long as it is mailed and Postmarked within the rescission timeline then it really doesn't matter when it arrives. The important thing with rescission law is the "actual date of the Postmark" (i.e. date of mailing).

It is usually not advisable to return to the sales office as they will often pressure you not to rescind (i.e. offer a better deal or a lower price).

Developers need not acknowledge receipt, but they are required by law to act on them.




.
 

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This forum helped us, we recently signed up for 35000 points for $8800 at the South Beach Myrtle Beach resort, plus we were charged for the first year fees and other initial fees all totaling $9811.50. We signed on 8/18/22 and mailed out letters on 8/19. They were received on 8/22/22. We sent to the 9271 S John Young PKWY address since that’s what was stated in the contract specifically on where to send the rescission letter. I will post back once we receive our refund but don’t think I’ll stop stressing until then. I sent certified mail with return receipts and have that as proof as well as copies of the letters we sent signed by both my wife and I. Thank you for the information on here!
 

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This forum helped us, we recently signed up for 35000 points for $8800 at the South Beach Myrtle Beach resort, plus we were charged for the first year fees and other initial fees all totaling $9811.50. We signed on 8/18/22 and mailed out letters on 8/19. They were received on 8/22/22. We sent to the 9271 S John Young PKWY address since that’s what was stated in the contract specifically on where to send the rescission letter. I will post back once we receive our refund but don’t think I’ll stop stressing until then. I sent certified mail with return receipts and have that as proof as well as copies of the letters we sent signed by both my wife and I. Thank you for the information on here!
Congrats! Ask yourself why you initially purchased your ownership. If you still like the reasons why you purchased, look for a resale unit. You got the first R down in RRR. RESCIND, RESEARCH, RESALE! Best of luck and congrats on rescinding
 

Duped2002

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This forum helped us, we recently signed up for 35000 points for $8800 at the South Beach Myrtle Beach resort, plus we were charged for the first year fees and other initial fees all totaling $9811.50. We signed on 8/18/22 and mailed out letters on 8/19. They were received on 8/22/22. We sent to the 9271 S John Young PKWY address since that’s what was stated in the contract specifically on where to send the rescission letter. I will post back once we receive our refund but don’t think I’ll stop stressing until then. I sent certified mail with return receipts and have that as proof as well as copies of the letters we sent signed by both my wife and I. Thank you for the information on here!
I received my full refund of $9811.50 today. Thanks for this post and hopefully keep it going to help others in the future.
 

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HELP! My paperwork says to send to the 9271 S John Young PKWY address within 5 days for rescission, BUT the disclosures I downloaded today say I have 3 days to cancel by sending written notice to ORANGE LAKE COUNTRY CLUB, INC., 8505 W Irlo Bronson Memorial Highway, Kissimmee, Florida 34747. Does anyone know which is the correct address or should I send to both?

Also, I don't have the signature sheet, but I plan on sending copies of everything plus their welcome information. Will that work?

Do I need to add anything to my letter? Below is my letter:

"Attn: Holiday Inn Club Vacations

I wish to exercise my right to rescind and cancel contract #_________ dated 5/##/2023. I am exercising my legal right to cancel this contract. I expect a full refund of my deposit of $____________.
Do not make any additional charges to my credit card. Please confirm my legal rescission in writing.


Sincerely,

First/Last Name
Signature"

Addition Background:
This is for Holiday Inn Vacations Club for the Oak N' Spruce Resort/ Orange Lake Land Trust. I signed this past weekend in South Carolina.
 

Passepartout

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Iirc the correct address is the John Young Pkwy one, but it only costs a few more bux to cover all your bases and send two.

Good Luck, Welcome to TUG. You may not get notified until you get refunded and they are not required to. They ARE required to process the rescission.

Jim
 
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