Rescission deadline [October 2008 thread]

[sareejoh]

We decided that we want to rescind our purchase from Wyndham, but of course today is a federal holiday and fed ex, ups etc will not deliver to Wyndham's PO Box address provided on the rescission notice. The notice says "to cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice [...] no later than midnight of 10-15-2008."

Does anyone know if that means postmarked by then vs received by then?

Thanks!!
Sarah

 

[theo]

Follow the instructions!

We decided that we want to rescind our purchase from Wyndham, but of course today is a federal holiday and fed ex, ups etc will not deliver to Wyndham's PO Box address provided on the rescission notice. The notice says "to cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice [...] no later than midnight of 10-15-2008."

Does anyone know if that means postmarked by then vs received by then?

Thanks!!
Sarah

1. It's the postmark that matters --- not actual delivery date. Use of certified mail is not legally necessary, but using it will provide you with documentary, hard copy proof to retain (i.e., a date stamped receipt), demonstrating your having met the deadline. If you just toss the cancellation letter in a mailbox, the postmark date then becomes completely out of your control and left to chance (and may consequently get postmarked too late).

2. Mail means MAIL. Mail does NOT mean that FedEx, UPS, DHL or carrier pigeon are acceptanble substitutes.

3. Sundays and/or Federal holidays do not count in the ticking clock of the rescission period, the time frame of which is determined by applicable state law (i.e., not by Wyndham).

Take care of this first thing Tuesday morning, 10/14/08 at your local Post Office. Procrastinate at your peril!

 

[luvsvacation22]

1. It's the postmark that matters --- not actual delivery date. Use of certified mail is not legally necessary, but using it will provide you with documentary, hard copy proof to retain (i.e., a date stamped receipt), demonstrating your having met the deadline. If you just toss the cancellation letter in a mailbox, the postmark date then becomes completely out of your control and left to chance (and may consequently get postmarked too late).

2. Mail means MAIL. Mail does NOT mean that FedEx, UPS, DHL or carrier pigeon are acceptanble substitutes.

3. Sundays and/or Federal holidays do not count in the ticking clock of the rescission period, the time frame of which is determined by applicable state law (i.e., not by Wyndham).

Take care of this first thing Tuesday morning, 10/14/08 at your local Post Office. Procrastinate at your peril!

Great information! We canceled our contract through Wyndham also. Although it is not necessary, I would also add signature required. We used Certified Mail with signature required. The signature was sent to us via email for proof of signature and delivery. Good luck!

 

[sareejoh]

Thank you!

Thanks for the information! This site has been so helpful. We like the idea of the program, but like the resale prices much better and may look for a resale in the future. Thanks again!!

 

[vegas0123]

wyndham worldmark rescission works!

I posted this on another thread too...but I wanted to post this for anyone else googling and worrying about rescinding a contract with this company.

I bought a time share a couple of weeks ago due to the high pressure sales and then decided to cancel it the next day. Here in Nevada there is a 5 day rescission period. I overnight expressed my rescission form (found in the owner manual) and made copies of everything. Overnight was probably overkill. I will point out too that the rescission form didn't have the suite # listed that was on the rest of the paperwork. I called the next day to see if they had received it, but they said not yet. So I asked about the suite # and they said that shoudl be included. So I sent yet another overnight rescisssion! Again, it is overkill, but I wanted to be safe. I also called to make sure they got it the next day and their notes were surprisingly good and up to date. You can also fax them a copy too. Apparently, even though it wasn't in the rescission instructions, they received my fax first and started processing the cancellation.

They ended up rescinding the contract without any problems and fully refunded my deposit too. This was nice after many sleepless nights from reading about the problems others had rescinding.

My advice, just follow the directions, stay on them, and keep copies of everything. Good luck to you all!

 

[Dave M]

My advice, just follow the directions...

That's good advice. And, generally, following the directions means using U.S. mail, not an overnight service such as FedEx. Nevada law, for example, specifically provides that, "The notice of cancellation may be delivered personally to the developer or sent by certified mail, return receipt requested, to the business address of the developer." There is no provision allowing a buyer to rescind via FedEx, UPS or any other private carrier. Thus, if you decide to use such a carrier "just to be sure", you might be making a big mistake.

Incidentally, I have deleted your other post because duplicate posts are not permitted on these forums.