Rescinding a westin nanea options timeshare

[RichterRising]

Just arrived home last night after finding this forum the night before. First thank you to everyone that has built this community. I still have 3 days left on my right to cancellation form (state of california) put 10% down via credit card. My main question at this stage is i have 2 addresses to send this form to VSE pacific in orando and hawaii, i was also going to get ahold of my credit card company for someplace to forward this cancellation notice to them as way of additional proof of timeliness if any disputes arrive. Should i do anything else? Form just has a signature line for the spouse and myself and a place for a date. No fax number or any other mentioned document to include.

Thank you all.

 

[Karen G]

Just arrived home last night after finding this forum the night before. First thank you to everyone that has built this community. I still have 3 days left on my right to cancellation form (state of california) put 10% down via credit card. My main question at this stage is i have 2 addresses to send this form to VSE pacific in orando and hawaii, i was also going to get ahold of my credit card company for someplace to forward this cancellation notice to them as way of additional proof of timeliness if any disputes arrive. Should i do anything else? Form just has a signature line for the spouse and myself and a place for a date. No fax number or any other mentioned document to include.

Thank you all.

Just to be on the safe side, you could send a copy of your rescission letter to both addresses shown in your contract. Be sure to mail your letters by certified mail so that you have a receipt showing the date you mailed it. That's the critical part of your rescission--you need proof that you mailed it in time. Nothing else is required to rescind. Be sure each person who signed the contract signs the letter.

If you received anything else--such as a tablet or anything else of value--return that stuff by the cheapest method. If you're doing so, you could mention in your letter that you are returning items by separate shipping. Notifying your credit card is a good idea. Should the charge appear on your card, dispute it and let them know you've rescinded your purchase.

Then just wait for your refund & be happy you found TUG in time!

 

[Ken555]

Congrats for finding TUG and saving 000s.


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[RichterRising]

Thank you both, there is a line in the cancellation that unreturned materials entitle the developer to deduct up to $25 from my refund. Tbh $25 is worth having a reminder bundle of "dont rush things". Or am i missing something?

 

[Karen G]

Thank you both, there is a line in the cancellation that unreturned materials entitle the developer to deduct up to $25 from my refund. Tbh $25 is worth having a reminder bundle of "dont rush things". Or am i missing something?

If it's something you want and you're happy with the $25 cost, keep it!

 

[vacationtime1]

I'm not certain whether the Hawaii rescission period or the California rescission period is applicable -- so send your rescission notices based on the shorter of the two.

Yes, certified mail so you have proof of mailing. Yes, everyone who signed the purchase agreement must sign the rescission letters.

 

[taterhed]

Just arrived home last night after finding this forum the night before. First thank you to everyone that has built this community. I still have 3 days left on my right to cancellation form (state of california) put 10% down via credit card. My main question at this stage is i have 2 addresses to send this form to VSE pacific in orando and hawaii, i was also going to get ahold of my credit card company for someplace to forward this cancellation notice to them as way of additional proof of timeliness if any disputes arrive. Should i do anything else? Form just has a signature line for the spouse and myself and a place for a date. No fax number or any other mentioned document to include.

Thank you all.

So, where were you located when you purchased the timeshare? Hawaii? Please respond.....

 

[taterhed]

In any case, the location of PURCHASE defines the statutes concerning rescission. I'm not a lawyer, but that's what's printed. Hawaii is also 7 days

HI 7 days Haw. Rev. Stat. § 514E-8

Either party may cancel a contract to purchase an interest in a time share plan within 7 calendar days after execution, or within 7 calendar days after the purchaser's receipt of a disclosure statement required, whichever occurs later.

 

[RichterRising]

Yes and yes, however, inal, but part of our contract was addendum overrighting the boiler plate for california residents with clauses that complied with california law. Its day 5 right now and im in line for the post office just including this to pay forward.

In any case, the location of PURCHASE defines the statutes concerning rescission. I'm not a lawyer, but that's what's printed. Hawaii is also 7 days

HI 7 days Haw. Rev. Stat. § 514E-8

Either party may cancel a contract to purchase an interest in a time share plan within 7 calendar days after execution, or within 7 calendar days after the purchaser's receipt of a disclosure statement required, whichever occurs later.

 

[okwiater]

Notifying your credit card is a good idea. Should the charge appear on your card, dispute it and let them know you've rescinded your purchase.

I’ve seen this recommendation to dispute the charge multiple times on TUG. What is the logic behind that? Do you also immediately dispute charges for store purchases that you’ve returned?

The dispute process is supposed to be used only after you’ve given the merchant an opportunity and sufficient time to resolve your request on its own. Disputing a charge is a hostile act that often costs the merchant money. Why not simply follow your rescission instructions, and give Vistana a reasonable opportunity to process the refund on its own? They’re not exactly known for failing to issue refunds.

 

[taterhed]

I will also suggest that disputing or cancelling a credit card immediately--before any acknowledgment of rescission--is not necessarily a good idea. As pointed out by @okwiater , you're supposed to dispute transactions when they are not recognized or when the merchant refuses to issue an appropriate credit.

Disputing a valid and legal contractual charge without giving the merchant an opportunity to process a refund is not going to endear you to your credit card holder; they might not open a dispute under these circumstances.

Finally, if you intentionally cancel a credit card knowing that there is a valid and legal contractual charge (without paying), this may raise a legal issue in some states under the same type of rules that apply to check fraud etc... I'm not a lawyer, but you can't simply cancel a monetary instrument because you don't like the charge you agreed to pay.

If, however, the merchant refuses to issue an appropriate refund (per contract) after you legally exercise your right of rescission, then you may have the right to dispute the charge.......but you MAY not have the right to refuse to pay the bill....depending on the instructions given by your credit (card) servicing company. Keep in mind: Most consumer protections (for transactions >$50) are only valid in home state or w/i 100 miles of billing address. Many state statutes (at purchase location) direct the timeline for cancellations (both rescission and refund of monies). Additionally, many a states have laws that specifically prohibit consumers from withholding payment to a creditor for lawful debts....even when those debts are under review or scheduled for refund. Again, not a lawyer.....consult one if you have legal questions.

 

[RichterRising]

So re: the credit card part, when i called they offered to dispute immediately, i declined but asked that they added notes to the charge with the date and that i started the rescinding process. The goal for me with the cc was to see if there was any other documents they would want to help me fight the contract if this went south. My main intent is another timestamp showing i excerised my rights to rescind within the legal window if i need more ammo.

As always i appreciate all feedback.

 

[controller1]

Vistana is a very reputable company (excepting for the sales process). Just rescind during the rescission period and you will have no problem at all with the transaction. Disputing the credit card charge at this point is poor advice.

 

[DavidnRobin]

Disputing CC is overkill - VSE will allow recession without issue as long as within recession period.

 

[RichterRising]

So today was the last day to rescind, usps tracking shows one address delivered today and the other to be delivered before the end of the day. Anything else i need to do? I went through the stickys but didnt really see any next steps from here

 

[controller1]

So today was the last day to rescind, usps tracking shows one address delivered today and the other to be delivered before the end of the day. Anything else i need to do? I went through the stickys but didnt really see any next steps from here

The ball is now in Vistana's court. Sit back and know that you're off the hook!

 

[DavidnRobin]

Don’t fret - congrats. Too many talk themselves out of rescinding and continue with the VSE purchase.
(somebody needs to keep the boat afloat).
Now... determine what is best vacation value for you and your family - then optimize that experience as best you can.
Good luck.


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[RichterRising]

Thanks!

 

[purpledog25]

Just to be on the safe side, you could send a copy of your rescission letter to both addresses shown in your contract. Be sure to mail your letters by certified mail so that you have a receipt showing the date you mailed it. That's the critical part of your rescission--you need proof that you mailed it in time. Nothing else is required to rescind. Be sure each person who signed the contract signs the letter.

If you received anything else--such as a tablet or anything else of value--return that stuff by the cheapest method. If you're doing so, you could mention in your letter that you are returning items by separate shipping. Notifying your credit card is a good idea. Should the charge appear on your card, dispute it and let them know you've rescinded your purchase.

Then just wait for your refund & be happy you found TUG in time!

I need help cause I just purchased the same timeshare. I have until midnight tomorrow night to cancel. My question is, how do I get it delivered by midnight tomorrow? I’m in California and timeshare is in Maui.

 

[TUGBrian]

the rescission is based on the postmark when you send it...not when it arrives.

 

[vacationtime1]

I need help cause I just purchased the same timeshare. I have until midnight tomorrow night to cancel. My question is, how do I get it delivered by midnight tomorrow? I’m in California and timeshare is in Maui.

But you need a method of sending it that generates a receipt of when you posted/FedEx'd it.

I don't recall Vistana's rescission instructions (they are in the materials you were given), but you must follow them precisely regarding method of notice. So if US Mail is the designated method, send it certified tomorrow. If you cannot do that, mail it regularly, but send a duplicate via FedEx so you have that receipt.

Also, everyone who signed the contract must sign the rescission letter.

 

[dioxide45]

The problem is that tomorrow is a Sunday, no postmarks will be made tomorrow and there won't be mail pickup.

 

[TUGBrian]

believe that most post offices now have automated machines that can generate a stamp with a tracking label/etc right in the lobby thats open 24 hours.

that said, ive only ever used said machine for stamps vs trying to mail a letter....so perhaps that is just wishful thinking!

 

[dioxide45]

--Deleted--

 

[controller1]

believe that most post offices now have automated machines that can generate a stamp with a tracking label/etc right in the lobby thats open 24 hours.

that said, ive only ever used said machine for stamps vs trying to mail a letter....so perhaps that is just wishful thinking!

For legal purposes the date on the stamp from the machine is not considered a postmark since there is no evidence that the item wasn't mailed at a later date with that stamp.

If a postmark is truly what is needed, then @purpledog25 is SOL unless Vistana is like a government agency and when a deadline is on a Sunday or Holiday then the next business day is considered the deadline.

The tracking label that is used on those stamps from the automated kiosks will be scanned on Monday and that will be the "postmark" because that will be the date shown as mailed.