Rescind letters "lost in mail"

[ssva1313]

Hi all,

First off thanks to the people here that educated us about the terrible deal we got and how we had a 10 day window. Once we learned the truth we immediately sent a certified rescind letter as well as another certified letter requiring signature on return receipt. We sent them out on day 3. Fast forward to day 8 now and BOTH letters somehow got lost between the Orlando clearing center and delivery. I find that extremely convenient, especially given it happened to 2 letters.
My question is, does the fact that I mailed these out well within the 10 days and have the receipt carry enough weight to force vistana to cancel the contract? Also does the mailing date count as the date I filed the rescind letter or is it date of receipt?
Has anyone had similar experiences dealing with Sheraton vistana Orlando?
Thanks all!

 

[DanCali]

It goes by postmark date.

There's still a good change it will get there. My certified mail estimated tax payments sometimes bounce around for 7-10 days until they are delivered. And I've had some packages that get to the local post office only to get back to Miami (100+ miles away) and then get back to me the following week. The post office is not super reliable and if something certified is lost there's probably not much they can do.

That said, if you are on day 8 can you still resend them another copy today or tomorrow?

 

[ssva1313]

I can tomorrow when PO opens but no way it arrives by day 10.

 

[DanCali]

I can tomorrow when PO opens but no way it arrives by day 10.

It should go into effect when postmarked, not when received.

 

[GrayFal]

I can tomorrow when PO opens but no way it arrives by day 10.

It does not need to arrive by Day 10, just postmarked before the day.

 

[davidvel]

Hi all,

First off thanks to the people here that educated us about the terrible deal we got and how we had a 10 day window. Once we learned the truth we immediately sent a certified rescind letter as well as another certified letter requiring signature on return receipt. We sent them out on day 3. Fast forward to day 8 now and BOTH letters somehow got lost between the Orlando clearing center and delivery. I find that extremely convenient, especially given it happened to 2 letters.
My question is, does the fact that I mailed these out well within the 10 days and have the receipt carry enough weight to force vistana to cancel the contract? Also does the mailing date count as the date I filed the rescind letter or is it date of receipt?
Has anyone had similar experiences dealing with Sheraton vistana Orlando?
Thanks all!

Does your contract allow for rescission by any other means than USPS? Can you post the exact language of the rescission clause?

 

[dioxide45]

USPS Certified Mail is slow. USPS First Class is faster. I suggest sending a letter certified then another just first class (the regular stamp.) Add a Certificate of Mailing to the First Class envelope and it is all the proof you need to show that you sent the letter by the deadline. As noted, if you have another method in your contract to notify them, use it before day 10. If it only offers USPS, then send another letter with a stamp and Certificate of Mailing - Form 3817. It only costs an extra $2.20 on top of the stamp.

The only real reason to do Certified Mail is for tracking purposes. It doesn't offer any extra legal protection over First Class and Certificate of Mailing.

 

[ssva1313]

Does your contract allow for rescission by any other means than USPS? Can you post the exact language of the rescission clause?

Does your contract allow for rescission by any other means than USPS? Can you post the exact language of the rescission clause?

It doesn't. It states it "shall be sent to Sheraton Flex Vacations llc, new owner administration dept and the address in Orlando.

 

[Snazzylass]

It doesn't. It states it "shall be sent to Sheraton Flex Vacations llc, new owner administration dept and the address in Orlando.

So, spend the money & overnight it using Fed Ex or something? I know in the Midwest, we have had terrible problems for months with USPS

 

[ssva1313]

So, spend the money & overnight it using Fed Ex or something? I know in the Midwest, we have had terrible problems for months with USP

So, spend the money & overnight it using Fed Ex or something? I know in the Midwest, we have had terrible problems for months with USPS

Fedex has actually been far worse than usps for a while now. I was hoping by sending 2 separate letters through usps, one would get there. Gonna have to try ups as they seem to be the only ones by us that actually perform

 

[kimbapooch]

My experience has been that as long as you have proof (which you do because you sent certified return receipt) that you sent the letter to the address in your contract within the allowed time you have nothing to worry about. I don't believe Marriott/Vistana has any interest in "forcing" a sale based on a technicality if you don't want to proceed.

 

[rickandcindy23]

It takes a while to get the return receipt back from the post office. Rick mailed our notarized deeds through certified letter to Bluegreen and it took 3 weeks to get the receipt with signature back. I don't know why it took so long.

I am pretty sure this will be okay. You received an email from the post office?

 

[ssva1313]

It takes a while to get the return receipt back from the post office. Rick mailed our notarized deeds through certified letter to Bluegreen and it took 3 weeks to get the receipt with signature back. I don't know why it took so long.

I am pretty sure this will be okay. You received an email from the post office?

Crossing fingers that's what happens. Usps site just has it leaving Orlando sorting center at 9:07 4 days ago and en route to destination for 4 days....its only 25 minutes away from vistana offices. Tried multiple times to get a human on usps 800 line to no avail.

 

[davidvel]

Most states still follow the "good when posted" notice law. This means notice is effective when mailed, not delivered.

 

[davidvel]

It doesn't. It states it "shall be sent to Sheraton Flex Vacations llc, new owner administration dept and the address in Orlando.

Also sent could include other methods of sending, not just USPS, if there is no further definition in the contract.

 

[TheTimeTraveler]

Hi all,

First off thanks to the people here that educated us about the terrible deal we got and how we had a 10 day window. Once we learned the truth we immediately sent a certified rescind letter as well as another certified letter requiring signature on return receipt. We sent them out on day 3. Fast forward to day 8 now and BOTH letters somehow got lost between the Orlando clearing center and delivery. I find that extremely convenient, especially given it happened to 2 letters.
My question is, does the fact that I mailed these out well within the 10 days and have the receipt carry enough weight to force vistana to cancel the contract? Also does the mailing date count as the date I filed the rescind letter or is it date of receipt?
Has anyone had similar experiences dealing with Sheraton vistana Orlando?
Thanks all!

You need do nothing as you have officially rescinded, and your Postmarked receipt proves that. You've already rescinded twice. They will get it, but maybe not for a week or two.

Sit back, relax, and allow up to 45 days to be issued a refund.









.

 

[rickandcindy23]

The advice above is good. Relax now that you have rescinded, you did it right. The tracking is all you need. I understand the angst.

 

[dioxide45]

The chances of the Certified Mail not being received is very low. I am sure it happens, but reality is that Certified Mail is slow. Perhaps the only slower methods are Media Mail and Registered Mail. It isn't a matter of IF they receive it but WHEN. I know it can be stressful waiting for verification that the letter was received but ultimately post mark date is what matters.

 

[ssva1313]

So fast forward to today, vistana has had my rescind letter and the date it was postmarked is 11 days ago. However, instead of canceling my ownership, today they charged me the 250.00 membership fee. My cc is due in 2 weeks and I'll have to make a payment on the original deposit plus this fee. I contacted owner services to attempt to find out the rescind status and once the rep confirmed loan number and name (took her literally 10 minutes to find my account)she hung up on me. I called back and they're now closed for the day.
Anyone have any experiences like this? Will they continue adding charges even though they have a rescind letter?
Thanks!

 

[theo]

I can tomorrow when PO opens but no way it arrives by day 10.

Date of actual delivery is irrelevant. Only the postmark date matters. As long as you have a USPS date stamped receipt as proof of postmark date, all will be well In the final analysis. Any and all money must be 100% refunded within 45 days (max) for a timely and properly submitted rescission.

No possible good can come from (legally meaningless) phone conversations conducted with clerical personnel on a contract matter, so you might want to think twice about reviving that pointless phone exercise.

 

[ssva1313]

Date of actual delivery is irrelevant. Only the postmark date matters. As long as you have a USPS date stamped receipt as proof of postmark date, all will be well In the final analysis. Any and all money must be 100% refunded within 45 days (max) for a timely and properly submitted rescission.

No possible good can come from (legally meaningless) phone conversations conducted with clerical personnel on a contract matter, so you might want to think twice about reviving that pointless phone exercise.

Thanks for the reply. I fully understand talking to a rep is legally meaningless but I was hoping to understand why they were adding charges long after receiving the rescind letter, especially considering Florida statutes require a full refund be issued in 20 days from receipt not 45 and we are rapidly approaching that time line. Was wondering if them adding fees after a letter was recieved is their angle to keep the account open, much like if you make any payments , or even admit you owe to a credit agency, the clock is restarted for legal actions.

 

[GerryWA]

Thanks for the reply. I fully understand talking to a rep is legally meaningless but I was hoping to understand why they were adding charges long after receiving the rescind letter, especially considering Florida statutes require a full refund be issued in 20 days from receipt not 45 and we are rapidly approaching that time line. Was wondering if them adding fees after a letter was recieved is their angle to keep the account open, much like if you make any payments , or even admit you owe to a credit agency, the clock is restarted for legal actions.

It has been my experience since marriott got involved with vistana the left hand does not know what the right hand is doing. Big integration issue

 

[TheTimeTraveler]

Thanks for the reply. I fully understand talking to a rep is legally meaningless but I was hoping to understand why they were adding charges long after receiving the rescind letter, especially considering Florida statutes require a full refund be issued in 20 days from receipt not 45 and we are rapidly approaching that time line. Was wondering if them adding fees after a letter was recieved is their angle to keep the account open, much like if you make any payments , or even admit you owe to a credit agency, the clock is restarted for legal actions.

If you really have issues with the time frame involved, and wish to further spin your wheels, then please contact the Consumer Protection Division of the State Attorney General's Office and ask for their assistance.

Please be prepared to provide copies to them of all your documentation in order for them to examine and expedite your particular situation. Chances are quite good that you are going to receive a full refund sometime between now and day 45 (whether or not the State Attorney is involved or not).








.

 

[theo]

Thanks for the reply. I fully understand talking to a rep is legally meaningless but I was hoping to understand why they were adding charges long after receiving the rescind letter, especially considering Florida statutes require a full refund be issued in 20 days from receipt not 45 and we are rapidly approaching that time line. Was wondering if them adding fees after a letter was recieved is their angle to keep the account open, much like if you make any payments , or even admit you owe to a credit agency, the clock is restarted for legal actions.

45 days is the Federally identified deadline for refund. I was unaware that Florida has a different time frame (and shorter by half). It is certainly state prerogative to be more restrictive in their laws, but it's not a state prerogative to be less restrictive than the Feds.

My bet is that the "owner services machinery" went promptly into motion soon after your contract was executed and may therefore simply be out of sync with the rescission processing. Contract rescission and processing thereof is generally not something that developers try to play games with, since doing so is a clear and obvious violation of applicable state law (different states have different rescission periods, ranging from as few as 3 days (Massachusetts and 2 others) to 10 days (Florida and Tennessee).

All will be well in the end. You're on top of it. Patience, Grasshopper.

 

[rickandcindy23]

You will not be charged that $250. It really is just a clerical error that will be corrected. You need to relax a little.