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Rescinding on an HICV Orange Lake Country Club Timeshare???

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All,

I can't tell you how blessed I am to have found this site. My wife and I just left Holiday Inn's Smoky Mountain Resort where we got a 4 day 3 night stay in there resort after paying $249. Friday 3/9/18, we went to the "2 hour" presentation that turned into 7 HOURS!!! We both went in with the intentions to not buy anything, get our $200 refund and $100 rebate certificate,and leave...BUT after they presented and sold the luxury, vacations once a year and savings, ability to pass down to your kids, etc....we fell into the trap and bought the timeshare. As soon as we left the office, we both felt like we made a TERRIBLE mistake but didn't know how we could get out. We were about to just suck it up and deal with it, but something inside of us told us to keep researching.

Quickly that night, we read through all of our legal documents searching for a way out (which they gave us as a CD-ROM) and found the section where you would not be penalized or obligated to the purchase agreement if you rescind within the rescission period (our was 10 days). We immediately typed up the rescission letter that night, signed it, and sent it in the mail along with a copy of the purchase agreement, and all of the materials (member book, handouts, and legal documents).

We sent everything back in a flat book to hold all the material (the Rescission letter on top, followed by a copy of the purchase agreement to verify the contract number, followed by all the material we received) through certified mail. It's expected to arrive on Monday 3/12. In the letter, we requested a full refund and that our intent is to to cancel the contract.

Is this all we needed to do?
 

Karen G

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Yes, you've done all that is required within the rescission time period. Welcome to TUG! Now, relax and wait for your refund.
 
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I've been tryin to relax but can't find that button until I know this is fully cancelled. I will certainly keep everyone updated on when I get my certified mail receipt back and receive the full refund.

Thanks Karen G.
 

Passepartout

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It can take up to 45 days to see the refund-(assuming you gave it to them on a credit card) depending on where it hits the billing cycle. Worse, they are under no obligation to inform you of the progress or even acknowledge the receipt. It's pressure we wish would be remedied, but it is what it is. Take solace in the knowledge that it's the LAW that they process your rescission. Not some courtesy they can choose to extend to you or not. TS outfits have been fined millions and principals jailed for not complying.

Welcome to TUG. We'e on your side. Glad you found us. So... how much is the knowledge saving you from spending? We keep a running tally. We've saved folks over $7 million so far.

Jim
 
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We purchased 166k annual for $27,000 with an added bonus of 166k which we wouldn't have received until October. We only put 10% down.

Good news is the certified mail was sent and delivered today. I'm just confused about how I sent it. (I sent in a package box that included the members book, legal documents CD, copies of my contracts that I signed, and the rescinding letter on top) I hope they don't get confused and play dumb thinking the signed contract is still in place. Rescinding letter should outweigh everything else, right????

The other news is we emailed the rescind letter to the quality assurance and the both the salesperson/QA called us in less than 5 mins. We answered to hear what they had to say, and to asked them why they never mentioned the option of rescinding. They stated, they never mentioned it because we never "directly" asked that question, so they never bothered to tell us. But we DID ask the question, but they cleverly followed our question up with a question asking "what benefits don't you see out of this plan?" So they would spend time trying to defend their position.

I can't wait til this is over with. Hope I did everything right.
 
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TUGBrian

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Congrats on finding us in time!

we are up over 9.2 million dollars in savings for owners who rescinded!
 

Talent312

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The other news is we emailed the rescind letter to the quality assurance and the both the salesperson/QA called us in less than 5 mins.

While you did no harm, emailing or conversing with the sales-weasel serve no purpose; except maybe to (a) rub his nose in it (perhaps deservedly), or (2) give him a change to salvage the deal. We usually advise folks not to take their calls. Ultimately, it wastes your time and his - and it should.

.
 
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Want to let everyone know, I just checked my bank account and....WE RECEIVED OUR FULL REFUND OF $2,928 SAVING US FROM A 10 YR TIMESHARE LOAN OF 27K!!!!!! The whole rescission process took a week for us. We signed the dumb papers on Friday, sent the Rescission letter on Saturday, the developer received the letter on Monday, and now we got the Refund the following Friday (TODAY). Thanks TUG for existing and helping families like mine. I was getting a little antsy so I actually sent a 2nd rescission notice in the mail yesterday cause I hadn't received my Return Receipt yet, but they will just get further confirmation that I don't want the timeshare.

Thanks again! Lesson learned!
 

dsst04

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I find all this information very helpful as I'm in day 2 of my 10 day period and need to send a letter. You talk about a CD but I didn't get a CD, just copies and a web site for legal documents that doesn't work. I have created a letter but I'm worried there is information that suppose to be followed or they can refuse my rescinded letter because of some loop hole. This is IHG Orange Lake Club in Kissimmee, Florida. Can anyone offer advise.
 
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There is no loopholes. Just send a rescind letter to Orange Lake Country Club, Inc. 8505 W. Irlo Bronson Memorial Hwy, Kissimmee, FL 34747 saying that you are exercising your legal right to rescind on the contract# XXX that was purchased on XXX date from XXX. Make sure that you print your names, date and sign it. Every person who signed the purchasing contract will need to sign the rescind letter.

That's all you need. Get the mail certified and I would prefer a return receipt get sent back to you as well. HICV sent me a certified cancellation letter in the mail showing my full refund.
 

dsst04

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Thank You. I'll send it out tomorrow and let you know how we make out. We are very nervous!
 
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We just went through this too. I NEVER thought I could be talked into signing on the line for a timeshare! The salesman was SO good. He played to the fact that we use hotels a lot for our kid's hockey tournaments and made it seem like we'd be able to make those weekends a lot cheaper (if not "free" with our points) AS WELL AS be able to take a week vacation yearly for less than we do now. Upon further research, that all seemed very unlikely.

Thankfully we found multiple sites, including this one, to help us rescind. I found where it said we could in the contract although it was never mentioned, even when we signed the sheet with the rescind information on it. The form we signed was described to us as a list of documents we would get, and our brains were so over filled with other information that we couldn't really process everything any more.

We finally figured it all out between visits to Universal and Disney World with the kids and wrote a rescission letter on my phone. We printed it at one of the Disney hotel's business centers (we had left Orange Lake by now), signed it, made a copy, and were able to find a post office to send it certified mail by the 5th day after signing. I've checked that we did everything we needed to, included everything we needed to, have the contract number correct, have their address correct, our address correct etc. etc. about 15,000 times because I too am nervous that we will get tripped up by some little detail. We still have a few days left before our rescind time period runs out and I can't help but feel like I should talk to an attorney to be sure we'll get out of this!!!
 

TUGBrian

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3 rescissions in one thread!

so very thankful all of you found TUG in time to save a staggering amount of money!
 

Karen G

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We still have a few days left before our rescind time period runs out and I can't help but feel like I should talk to an attorney to be sure we'll get out of this!!!
No need for an attorney--you did everything right. Glad you found out the procedure to rescind in time.
 

Passepartout

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We finally figured it all out between visits to Universal and Disney World with the kids and wrote a rescission letter on my phone. We printed it at one of the Disney hotel's business centers (we had left Orange Lake by now), signed it, made a copy, and were able to find a post office to send it certified mail by the 5th day after signing. I've checked that we did everything we needed to, included everything we needed to, have the contract number correct, have their address correct, our address correct etc. etc. about 15,000 times because I too am nervous that we will get tripped up by some little detail. We still have a few days left before our rescind time period runs out and I can't help but feel like I should talk to an attorney to be sure we'll get out of this!!!
It sounds like you have all the 'I's dotted and the 'T's crossed. You'll be fine. I predict that the rescission will go through just fine. It's the LAW! Nobody is doing you a favor by processing your rescission. it's your RIGHT. They will not mess with it. Unfortunately, they are under no obligation to notify you in any way of the progress or even if they received the letter. Which is why we always suggest sending it Certified w/return receipt, so that you know it was received- even though your responsibility ends when you drop it in the mailbox.

You will probably sweat a little until that refund hits your credit card, but it will come. It can take as much as 45 days depending on your billing cycle. We recommend you not answering any unknown or unfamiliar phone calls until after the rescission period ends. it wouldn't be unknown for a salesweasel to call and try to change your mind with cheaper deals, 'teasers', free vacations.

Glad you found us, and Welcome to TUG!

Jim
 

LannyPC

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...it wouldn't be unknown for a salesweasel to call and try to change your mind with cheaper deals, 'teasers', free vacations.


...or empty, idle, false threats such as "You will face serious legal and/or financial consequences if you rescind because you signed..."
 

theo

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...I can't help but feel like I should talk to an attorney to be sure we'll get out of this!!!

State law (not developer benevolence) provides you with the right of contract rescission. If you have submitted a proper and timely rescission to the correct address, there is frankly nothing more that any attorney can or would be able to do for you that you haven't already done for yourself --- except to bill you. :)
 

carl2591

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glad to hear this is now resolved for you.. One thing to remember about, especially timeshare sales people, is then there mouth is moving they are most likely telling a lie or what you want to hear to make the sale.

SO now you have seen the seedy side of timeshare stick around, read, learn and then find something to buy or better yet check the rental forum https://tugbbs.com/forums/index.php?forums/timeshare-rentals-offered.45/ and find a great last min deal there..

You will find a LOT of florida stuff all times of the year by and large.. I check the rentals every couple week just to see what is going on where and florida show up a lot,,lot.. but if you are east coast and like Florida you can get some monster deal with the 45 day limit.

CONGRATS on listening to your gut and finding the family. timeshare family that is..

been here my self since "97 still learning :) :banana::cheer:
 

nickdesai1983

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We purchased 45k point for $11,500 at Orange Lake Resort, FL on 05/29/2018. We realized this is not for us and would like to cancel contract. Please help and advise!!!
 

carl2591

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We purchased 45k point for $11,500 at Orange Lake Resort, FL on 05/29/2018. We realized this is not for us and would like to cancel contract. Please help and advise!!!

So you made it this far on a thread you might need to reread this for more info. you send letter to company via certified mail. to find address you might need to be a detective and look behind the cover in a secret pocket it seems..
 

theo

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We purchased 45k point for $11,500 at Orange Lake Resort, FL on 05/29/2018. We realized this is not for us and would like to cancel contract. Please help and advise!!!

You should (by law) have been provided with written notice of your rescission (cancellation) rights at the time of contract execution. Find those instructions and follow them precisely.

Under Florida law, you have 10 calendar days to rescind, but don't put it off. Get your rescission correspondence prepared, signed by all who signed the contract, and sent off by certified U.S. Mail (not by fax, email, FedEx, UPS or carrier pigeon) to the address indicated in your contract / rescission instructions ASAP. You do not need to provide any reason. You are exercising a right provided to you by law; just make it very clear that you are doing so.

P.S. The "secret pocket" referenced in the post above is a sneaky practice employed by Westgate, but yours was not a Westgate purchase.
 
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nickdesai1983

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You should (by law) have been provided with written notice of your rescission (cancellation) rights at the time of contract execution. Find those instructions and follow them precisely.

Under Florida law, you have 10 calendar days to rescind, but don't put it off. Get your rescission correspondence prepared, signed by all who signed the contract, and sent off by certified U.S. Mail (not by fax, email, FedEx, UPS or carrier pigeon) to the address indicated in your contract / rescission instructions ASAP. You do not need to provide any reason. You are exercising a right provided to you by law; just make it very clear that you are doing so.

P.S. The "secret pocket" referenced in the post above is a sneaky practice employed by Westgate, but yours was not a Westgate purchase.

Thank you for info. Do you have sample draft letter i can use to cancel? Just wanna make sure I am doing correctly since you have more knowledge on this matter? Thank you again for all your help and suggestions. :)
 

Passepartout

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Thank you for info. Do you have sample draft letter i can use to cancel? Just wanna make sure I am doing correctly since you have more knowledge on this matter? Thank you again for all your help and suggestions. :)
It needn't be anything fancy or legalese, just a simple:
I/We wish to exercise our right to rescind and cancel contract #___________ Dated 5/--/2018.
Signed ___________ Husband/ _______________ Wife

You should send a COPY of the signature page for ID purposes.
Send their promotional materials back by cheapest means and keep the receipt for doing it.
Send the letter USPS Certified w/return receipt (so you know it's delivered- for your peace of mind- What matters is the postmark) Or by whatever means is spelled out in your contract.
You don't have to specify any reason you're rescinding, in fact specifying is a very bad idea.

Glad you found TUG in time.

Jim
 

nickdesai1983

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It needn't be anything fancy or legalese, just a simple:
I/We wish to exercise our right to rescind and cancel contract #___________ Dated 5/--/2018.
Signed ___________ Husband/ _______________ Wife

You should send a COPY of the signature page for ID purposes.
Send their promotional materials back by cheapest means and keep the receipt for doing it.
Send the letter USPS Certified w/return receipt (so you know it's delivered- for your peace of mind- What matters is the postmark) Or by whatever means is spelled out in your contract.
You don't have to specify any reason you're rescinding, in fact specifying is a very bad idea.

Glad you found TUG in time.

Jim
Thanks Jim. I will send the letter with paperwork documents (purchase agreement, loan docs etc..) they provided to us.
I will let you know status of my cancellation. I hope all goes well. Thanks again.
 
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