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Need help rescinding Welk contract

poohlein

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how long till you get a respond

I sent my rescind letter overnite Aug 11 but since the post office had a cut off time for overnite they didn't received my rescind letter till Aug 13. I haven't heard anything from them and was wondering how long till they respond to my letter. I did ask for confirmation of my rescind and asked for money back. Basically I followed a letter posted in this site about rescinding. I'm having a panic attack that my rescind letter is not being processed. Or that I'm stuck to it. Do I call them? Need ur guidance pls. Thanks in advance
 

Passepartout

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It doesn't matter when they receive it as long as you SENT it, and it's postmarked within the rescission period allowed by law in the state where you signed the contract.

They are required BY LAW to process your rescission. They are NOT required to notify you of the progress of the rescission or when your down payment will be credited back to you. They have up to 45 days to refund your money.

I would not call anybody. The law is on your side, and as frustrating as it may be, you WILL get your money refunded and can continue on as if nothing had happened.

All the best...

Jim
 

poohlein

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how lond does it take before you receive anything?

Hi Everyone,

i was wondering if anyone know or by experiece on how long does it take if your rescind letter is processed or receive a refund. i got suckered into signing on aug 10, sent my rescind letter aug 11 but they didnt get it till aug 13. ive been waiting on a letter or refund but havent received it. how long do they have to respond or send money back? is it adviced to call or ask for an update? any number who i can call and ask? any comments or response is much appreciated. im really freaking out i dont want this anymore. please help
 

TUGBrian

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you are fine, it goes off the date you mailed it (postmark) provided you mailed it using the proper method, and to the correct address there is no need to worry.

that said, its now october...you certainly should have heard something by now.

Do you have confirmation that they received the letter (you mention they got it on the 13th)?
 

poohlein

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i did the certified mail that they sign for so i have proof thjey received it.and no i havent heard anything.
 

TUGBrian

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while I would not normally suggest contact, it has been well over a month now. If you dont hear anything in the next week or so, id probably think a phone call would be in order.

please note you MUST not get into a dialogue about cancelling your cancellation =)
 

DeniseM

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Did you put the down payment on your credit card? If so, open a formal dispute with your credit card - that will get their attention.
 

poohlein

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yes it was on the a credit card. a credit card that we open through them also. part bank of america.
 

djjairo760

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My husband and I took a tour on Saturday (11/20/10) of the Welk resort in Escondido and unfortunately ended up signing a contract for an EOY 1br/120,000 points. We have thought about it and have changed our minds. We would now like to rescind. If anyone has experience dealing with Welk, I would really appreciate any and all the help you can give (addresses, forms used, etc.) Please help! Thank you!
Hello,

Where you able to get anywhere? I have a timeshare with Welk Escondido, i want to cancel but they will not take it back..
 

TUGBrian

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bit of a different situation here than yours, as they were well within their legal cancellation period after signing when they found TUG.
 

dotnetnerd

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Remember, the legal standard in the USA is "Regular Mail copy and a Certified Mail with Return Receipt copy". And keep a copy for YOURSELF with the Green & White post office receipt (stamped with date & their seal). You should get back in the mail, the GREEN POST CARD after they get your certified mail copy...
Could you explain this please? What's the purpose of a Regular Mail copy?

Why not just a single letter, certified?

(I'm preparing a rescind letter and the clock is ticking)
 

taterhed

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Could you explain this please? What's the purpose of a Regular Mail copy?

Why not just a single letter, certified?

(I'm preparing a rescind letter and the clock is ticking)
Prepare your letter. Sign and date. Follow the instructions (if any) as closely as possible.

Make copies of all paperwork. Take pictures of the letter and receipt at post office and email to yourself if you like.

Send the letter via USPS Certified mail. Keep all copies of the transaction. That is your proof of sending the letter.

Other methods of delivery (FedEx etc..) may or may not meet the standard in your state.

If for some weird reason, your contract states "use FedEx" or similar, then by all means--follow the contract--and also send a copy by USPS certified mail. Just my 2c
 

dotnetnerd

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It's HICV. To their credit, they do not try to hide the cancellation instructions - no sleazy velcro pockets :doh: - the instructions are very clear and repeated twice in my docs plus in the online fineprint (no CDs anymore).

My letter reads like this:

To whom it may concern:
We are hereby exercising are legal right to cancel our purchase agreement. Details of the contract are as follows:...(date, contract number and page 1 of the Purchase Agreement)

Great idea re the pics. I'll take iPhone shots of the letter & envelope and of course keep the Certified receipt. We're still at the resort so I guess that means DON'T ANSWER the phone.

Anything I missed?
 

taterhed

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Could you explain this please? What's the purpose of a Regular Mail copy?

Why not just a single letter, certified?

(I'm preparing a rescind letter and the clock is ticking)
Why send both certified and regular mail copies? To defeat those who might refuse to accept certified mail. Meh... it's a 50 cent insurance policy.

Is Your Certified Mail Being Refused? Try one of these techniques:


  • When you send the Certified Mail, send a copy by regular U.S. Mail at the same time. If the regular mail is not returned, then it can be assumed that it was received. When you receive the certified mail back, do not open it. Keep a record of when it was sent, when it came back and what was in it for future reference. (One easy way to do this is to make a copy of the letter and attach it to the Certified Mail envelope when it comes back.)
  • In court, present the returned Certified Mail into evidence as well as the copies of the letter(s) sent by regular mail. State that although the Certified Mail was returned, the regular mail wasn't. Let the Judge draw his or her own conclusions about what this means.
 

dotnetnerd

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Thanks, that's pretty clever.

(BTW I hope I'm not hijacking this Welk thread - but I think it's applicable to all cancellations)
 

taterhed

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It's HICV. To their credit, they do not try to hide the cancellation instructions - no sleazy velcro pockets :doh: - the instructions are very clear and repeated twice in my docs plus in the online fineprint (no CDs anymore).

My letter reads like this:

To whom it may concern:
We are hereby exercising are legal right to cancel our purchase agreement. Details of the contract are as follows:...(date, contract number and page 1 of the Purchase Agreement)

Great idea re the pics. I'll take iPhone shots of the letter & envelope and of course keep the Certified receipt. We're still at the resort so I guess that means DON'T ANSWER the phone.

Anything I missed?
Sounds good. Here's a boilerplate if you need it. Don't answer phone, don't 'drop by' to say you're sorry. Follow the instructions to the letter, make copies, take pictures (camscanner app works great!) and keep the copies of the certified letter etc... in a safe place. Maybe not your checked luggage!

How much did you save?
When you get home and breath, come back to TUG and find out what timeshare experience might be right for you--at a fraction of the cost!
Cheers.

Today's Date: xx/xx/xxxx
Names on contract: (wife and/or husband)
Contract Number: xxxxxxx
Date of Purchase: xx/xx/xxxx

Subject: Cancellation letter for timeshare contract number: xxxxxxx



Dear sir/madam

This letter is to inform you of my intention to cancel the timeshare contract number: xxxxxxx which was purchased on xx/xx/xxxx by (the exact name(s) written on the timeshare contract) in accordance with the laws of the state of (state where timeshare was purchased). I request a full refund of my deposit of (amount of deposit) and the cancellation of any future deposits found in the contract. The $xx,xxx in timeshare financing we requested should also immediately be cancelled. Please do not make any additional charges to my (debit card/credit card) or any future payments. Please confirm that you have received this legal timeshare contract number: xxxxxxx rescission in writing.

Sincerely,


Signature


Date of signature
 

taterhed

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Thanks, that's pretty clever.

(BTW I hope I'm not hijacking this Welk thread - but I think it's applicable to all cancellations)
No problem. Get that letter written, signed, certified and sent.

Holiday Inn Vacation Club?
When you come back, if you're still interested in Holiday Inn VC, there are very pertinent threads about buying resale.
Also, the "new to timesharing" thread contains a post with questions and answers that will help you understand what's right for you and solicit advice from people with lots of smarts. The admins here are great and very helpful.

Here's the "new to timesharing link" http://www.tugbbs.com/forums/forumdisplay.php?f=17
 

dotnetnerd

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Yes, Holiday Inn Vacation Club.

We already have a Cape Canaveral unit worth 175,000 pts plus the Orange Lake we were forced to buy to get into the point system. It's 59,000 EOY.

I can get another Cape Canaveral for free from a family member, IF HICV lets me use it for points.

I'd be interested in moving up to Preferred (300,000+) but if the entry barrier is too high I'll forget it.
 

dotnetnerd

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How much did you save?
When you get home and breath, come back to TUG and find out what timeshare experience might be right for you--at a fraction of the cost!
Cheers.
Thanks again Tater.

It was $18000 but they offered to buy back our OL for 5000. So $13000 net

It was for a Las Vegas EOY 148,000 points. But since it's EOY we'd STILL not be in the preferred tier.
 

taterhed

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good save!
 

taterhed

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