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Newbie here who rescinded

flipchick

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Hi all,

I'm so glad to find this board as it helped make the right decision. My husband and I purchased at Vacation Village at Parkway in Orlando June 25. We have made the decision to cancel our purchase for a 2bed/2bath for 14,500. So we have mailed in our rescind letter on July 2,08. I got a call today from them asking them to call them re: payment plans. I got a confirmation from the post office that they have received the letter on July 11, 08. Did I rescind in time? I just want to make sure that I have rescinded on time since it's been 2 1/2 weeks since the purchase. Now this lady from Vacation Village is calling me asking me to call her just to make sure that the monthly payment is still ready by July 23.

Thanks in advance
 

Dave M

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Under Florida law, you had 10 days to mail your cancellation letter. The 10th day was July 5th. Assuming that you kept some evidence of mailing (certified mail receipt, etc.) as we recommend, you can simply send the resort a copy and ask them to honor Florida law. Since you received confirmation from the post office of the delivery date, I'm assuming you sent it certified. That green card from the post office should also show the mailing date, as does your original receipt.

My recommendation is that you call the resort and remind them that you sent the cancellation letter on July 5 and that the postmark would show that. Tell them that you'll be happy to send a copy (not the original) of the post office certified mail receipt if they need it.

It's quite possible that they have separate departments and the loan department hasn't yet been advised (it's been only one business day since the 11th) that the sales department has received your cancellation letter.
 

bnoble

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It's also possible that they got the letter, and are calling to try to talk you back into it, by offering lower payments over a longer time.

(It goes without saying that you should not do this, of course.)
 

flipchick

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It's also possible that they got the letter, and are calling to try to talk you back into it, by offering lower payments over a longer time.

(It goes without saying that you should not do this, of course.)
That's what I'm thinking too.

Vacation Village loan office just called me again and left a message saying that she needs to speak with me before they process my deposit back. But I think it's a trick so i would call them back.
 

Dave M

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It may be a trick, but you should call them anyway, in case there is a problem of some kind.

Stick to your decision!
 

Passepartout

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Could be a case of one hand not knowing what the other is doing. I suppose I'd call the woman and remind her that under Florida law, you aren't bound to do anything.

I guess you could check a few past auctions and sales to find out what similar weeks have sold for in case you want to find out how low they are willing to go. I would make a small side wager that they won't even be close.

The law is on your side, so stick to your guns. And when you have this behind you, and if you are still interested in timesharing, c'mon back. There's more collective wisdom here than you can imagine.

Best of luck to you....

Jim Ricks
 

Bill4728

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Vacation Village loan office just called me again and left a message saying that she needs to speak with me before they process my deposit back. But I think it's a trick so i would call them back.
It sounds like they finally figured out that you have rescinded and want to know how to get you back your deposit.


BUT when they talk to you, they will try and talk you out of rescinding. Just be firm and say NO!!
 

flipchick

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I dont really want to call. It doesnt say anything on the contract that I need to speak with them. Am i obligated to call them back though??
 

pjrose

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If you have any trouble with them, you might consider sending copies of everything to the Florida Attorney General, along with a letter stating all the facts, dates, names, phone calls, etc. No emotion, just the facts. CC the timeshare. That'll probably speed up your refund!
Also, if your deposit was by credit card, tell the credit card company the charge is in dispute.
 

Blondie

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Not calling them back could slow down your deposit being returned- assuming the call is legit and there is, in fact, an issue. Just don't entertain any discussion other than your recission. Keep repeatiing, "Thanks, but I have changed my mind...thanks, but I have changed my mind."
 

pjrose

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Not calling them back could slow down your deposit being returned- assuming the call is legit and there is, in fact, an issue. Just don't entertain any discussion other than your recission. Keep repeatiing, "Thanks, but I have changed my mind...thanks, but I have changed my mind."
And if they have trouble understanding that, "according to paragraph xxx on page yyy of the agreemeent, I have the right to change my mind and I have done so.......repeat.......repeat....."

How about "and I am recording this conversation....."
 

timeos2

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If there is so much quality control why are so many palces screwed up?

How about "and I am recording this conversation....."
Just lead off with 'For quality control, and possible future legal action, this call is being recorded".
 

AwayWeGo

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[triennial - points]
Digital Documentation.

Just lead off with 'For quality control, and possible future legal action, this call is being recorded".
And . . .

"Furthermore, you are being photographed."

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​



 

JanB

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Sorry, hit the button before I was finished.
 
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JanB

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We recinded a conversion package recently. We delivered a copy of the rescission letter directly to the sales office after checking out of the resort. I had already sent the original by fax and by registered mail (covered all bases). Within 15 minutes of delivering the letter, I had a call from the sales office asking if we could return so that they could better process our deposit. BUNK!!! I told them we were on the road and it would be too inconvenient to turn around and return. Also, I mentioned there was nothing in the rescission statement regarding having comply any further for our refund.

As it turned out, our credit came on the same statement as the debit.
 
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flipchick

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I thought i did everything right but now i got a call from the owners service dept and saying that he got our file due to "unique circumcstances" He said that we cancelled our contract AFTER 10 days allowed by the state of Floriday. He said that we are at fault of contract.

From what my understanding was that as long as I rescinded and mailed the letter before 10 days even if they have received after 10 days so long as it's been postmarked before 10 days. Can someone clarify please.
 

timeos2

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I thought i did everything right but now i got a call from the owners service dept and saying that he got our file due to "unique circumcstances" He said that we cancelled our contract AFTER 10 days allowed by the state of Floriday. He said that we are at fault of contract.

From what my understanding was that as long as I rescinded and mailed the letter before 10 days even if they have received after 10 days so long as it's been postmarked before 10 days. Can someone clarify please.
Postmark is supposed to be the rule as I understand it. Check your documents to verify.
 

pjrose

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Good grief. Even if the paperwork says it must be "received within 10 days," they still have to comply with Florida Law. You sent it 7 days after purchasing. It makes no sense that they didn't get it until 9 days after you mailed it. I can't recall if you have some kind of delivery proof from the post office. Check the attorney general's web site or call. Dave M says you have 10 days to MAIL the letter under Florida Law.

Also send a letter with all the facts and dates to the Attorney General, cc the resort.

You could tell the resort that you are on the Timeshare Users Group, have publicized this problem online, and will continue to keep the thousands of TUG members apprised of the resort's continuing lack of cooperation.....

PJ
 
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flipchick

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Good grief. Even if the paperwork says it must be "received within 10 days," they still have to comply with Florida Law. You sent it 7 days after purchasing. It makes no sense that they didn't get it until 9 days after you mailed it. I can't recall if you have some kind of delivery proof from the post office. Check the attorney general's web site or call. Dave M says you have 10 days to MAIL the letter under Florida Law.

Also send a letter with all the facts and dates to the Attorney General, cc the resort.

You could tell the resort that you are on the Timeshare Users Group, have publicized this problem online, and will continue to keep the thousands of TUG members apprised of the resort's continuing lack of cooperation.....

PJ
Please help understand my contract. It says:

"If you decide to cancel this purchase contract, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to Lando Resort (address given). Any attemtp to obtain a waiver of your cancellation rights is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10 day cancellation period, is prohibited."

I'm from Canada (toronto) so any help would be appreciated. I'm don't know where to get the attorney general. But doesn't the contract say as long as the letter has been sent prior to 10 day period, it can be cancelled. :shrug:
 

capjak

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contact resort

Just contact them via email with a copy of reciept stating the facts, request the deposit back per the contract.
 

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Hopefully, your post office has something like certified mail so you can prove you send them something within 10 days. If so, just send them a copy of that, and restate it, and send a copy to FL GA.

Jya-Ning
 

flipchick

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Hopefully, your post office has something like certified mail so you can prove you send them something within 10 days. If so, just send them a copy of that, and restate it, and send a copy to FL GA.

Jya-Ning
I have the tracking number and the receipt from the postoffice when I mailed the letter and have a PDF file stating when they have received the letter. What I don't understand is why they didn't received within a couple of days of mailing it. They received it July 11.

But before I call them tommorrow, i just want to make sure I am within the 10 days cancellation.
 

Jya-Ning

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Good, they have called you and left a message on your phone to say they received your cancellation on July 11. You have post say you mailed at July 2nd. What happen between 2nd to 11th is not your issue. Unless they can prove they receive is not the same as you send out, I don't see any problem. Just ask them to send you something in writing to explain why you can not get refund, and attach all this to FL GA.

Jya-Ning
 
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