Rescinded HICV

[Hasan Rahman]

Hello,

I bought a TS from HICV during my stay at Orange Lake. Then I researched on the internet and found tugbbs. I rescinded immediately. Since I was on the resort, I went to their offices and handed in my notice in person and the rep (said he was the sales director) said it will be rescinded and I will get my money back in 21 days. He didn't give me a formal letter or receipt but dis write received on a copy of my notice and put his employee id down.

My question is: should I consider my account rescinded or do I need to anything else? Like mail the notice again ...?

Will I get my deposit back properly?

TIA!!

 

[mj2vacation]

You should still send in the notice via certified mail. I know of a case where a developer claimed to never have received notice when it was hand delivered.

The purchaser had documented the name of who they delivered it to. They even had a signature of that person.

 

[Hasan Rahman]

You should still send in the notice via certified mail. I know of a case where a developer claimed to never have received notice when it was hand delivered.

The purchaser had documented the name of who they delivered it to. They even had a signature of that person.

Thank you. They also kept the copy of the contract they gave me & all other materials. Is that normal?

 

[dioxide45]

Rescind using the instructions provided in your contract, no other method is recognized by law

 

[TUGBrian]

congrats on finding us in time and saving a fortune!

 

[Hasan Rahman]

Rescind using the instructions provided in your contract, no other method is recognized by law

The contract said any method of delivery was acceptable which may include delivery by certified mail.

I also called and asked the status. They said my account status was "in process" and that I would get an e-mail confirmation of my cancellation and they would refund the deposit in 21 days.

I haven't gotten the confirmation e-mail yet. I am still wondering whether I need to do anything else to guarantee the refund (I put down a hefty downpayment) ...

Thanks for all your help!

 

[Passepartout]

This is a case of being hopeful. The reason we ALWAYS suggest
sending rescission letters by Certified USPS mail is that you have PROOF that you sent it, and when. If you send COPIES of your contract, you retain the originals as PROOF. When you simply hand the letter to the 'sales manager' or some desk clerk, or the janitor, they can simply put it in the trash and you are out downpayment, and are still on the hook for payments forever. Odds are, they WILL process your rescission, but with YOUR tens of thousands of dollars at stake, doesn't it make sense to have some proof on your side? You are at the stage now of just waiting to be refunded your down payment. They are under no legal obligation to keep you informed of the progress. In fact, your getting a verbal confirmation that the rescission is 'in process' is more than they are required to do.

You ask if there 'is anything you can do to guarantee the refund'. It's a little late now, but mailing the rescission letter with PROOF OF MAILING would have gone a long way toward that guarantee.

Good Luck, congratulations on finding TUG in time, and I think you'll be fine, but you still have about 15 of those 21 days to sweat.

Jim

 

[Hasan Rahman]

This is a case of being hopeful. The reason we ALWAYS suggest
sending rescission letters by Certified USPS mail is that you have PROOF that you sent it, and when. If you send COPIES of your contract, you retain the originals as PROOF. When you simply hand the letter to the 'sales manager' or some desk clerk, or the janitor, they can simply put it in the trash and you are out downpayment, and are still on the hook for payments forever. Odds are, they WILL process your rescission, but with YOUR tens of thousands of dollars at stake, doesn't it make sense to have some proof on your side? You are at the stage now of just waiting to be refunded your down payment. They are under no legal obligation to keep you informed of the progress. In fact, your getting a verbal confirmation that the rescission is 'in process' is more than they are required to do.

You ask if there 'is anything you can do to guarantee the refund'. It's a little late now, but mailing the rescission letter with PROOF OF MAILING would have gone a long way toward that guarantee.

Good Luck, congratulations on finding TUG in time, and I think you'll be fine, but you still have about 15 of those 21 days to sweat.

Jim

Thanks Jim for the detailed reply!

I am still within the 10 day rescission period. Although they took my copies of the contract (so I can't retain those any more) and I am now in Canada (so it'll be hard to use USPS).

But I can still send them a letter via Canada Post registered mail. Do you think that's something I should do?

Hasan

 

[Passepartout]

But I can still send them a letter via Canada Post registered mail. Do you think that's something I should do?

It really boils down to your level of confidence that (a) the person who you handed the letter to actually turned it over to the business office who actually does the rescission, and (b) the purely mathematical equation of how much you COULD have to pay should the rescission NOT go through, compared with what Canada Post costs to send a letter and provide you a receipt that someone signed for it. I'm not really in the advice business, but I know which way I'm leaning.

Jim