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rescission letter to HIVC got delayed in USPS

alexws

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I signed a contract ($19k, MF $1082/yr, 90k points/yr + bonus time) while on vacation with Holiday Inn Club Vacation in Kissimmee FL on Jan 13, 2018. I decided to rescind after I learned a lot from this site.

So when I get back from vacation, I sent my rescission letter via certified mail with return signature on Jan 18, 2018 (within the 10 days rescission period)

The letter supposed to be delivered yesterday (Jan 22, 2018) but the status of USPS still shows '
In-Transit, Delayed'.

I hope the mail would deliver eventually after some delay.
But in the worst case, what would happen if the mail get lost?
I do have a scanned copy of the letter and the receipt from USPS.

Thanks in advance.
 

TUGBrian

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its nothing to worry about, the date that matters is the date it was SENT, not the date it arrives.
 

VacationForever

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The issue is that sometimes letters do not ever get delivered by USPS. It is rare but it happens, even when the address is correct. We have had 2 cases, including one involving a legal case where we used USPS tracking and while it was to a local address, tracking showed that it went to 200 miles away and looped in the system. We enquired with USPS and there was nothing they could do about it. A month later the letter came back to us with an "undeliverable" stamp. It was unbelievable. USPS simply told us "It happens." I would send another recission letter, and also attach a copy of the original tracking receipt to show that it was mailed within 10 days.
 

theo

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Fingers crossed. Hope it's just a normal delay.
Personally, I wouldn't be relying on hope alone or "fingers crossed" --- not with $19k on the line.

For a few additional dollars in postage, I would send everything all over again (as was already suggested above), once again by certified mail, providing and overtly calling attention to a copy (don't send the the original) of the date stamped certified mail receipt from the first attempt.

Maybe it will turn out to be an unnecessary "belt and suspenders" duplication of effort, but I wouldn't risk $19k when the item could potentially be just "lost and unaccounted for" somewhere in the USPS system for a very long time. USPS is generally reliable, but you don't want to become the "beneficiary" of a rare exception --- not with $19k on the line.
 
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Passepartout

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I agree with Theo above, but would probably wait- while watching the USPS tracking- until about day 9 of the 10 day window before re-mailing the rescission bundle. If the original shows as delivered, you might save yourself then price of a pizza. But if it's lost to the ether, you'd be up for a fight to save your $19K.
 

theo

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I agree with Theo above, but would probably wait- while watching the USPS tracking- until about day 9 of the 10 day window before re-mailing the rescission bundle. If the original shows as delivered, you might save yourself then price of a pizza. But if it's lost to the ether, you'd be up for a fight to save your $19K.
OP reported contract execution date as 01/13/2018. The 10 day rescission period under FL law is now over, by my math.
All the more reason for OP to proceed with a second mailing pronto, for the relatively small postage cost involved.
No sense having to fight a battle later if / when that battle can easily and successfully be avoided today.
 
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Passepartout

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OP reported contract execution date as 01/13/2018. The 10 day rescission period under FL law is now over, by my math.
Give me 50 lashes with a wet noodle for neglecting to count the days on my fingers and toes. Penalty accepted.
 

silentg

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Passpartout, No need to punish yourself. We are all here to help each other. I find your advice to be well intentioned and appreciated.
Silentg
 

Passepartout

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Passpartout, No need to punish yourself. We are all here to help each other. I find your advice to be well intentioned and appreciated.
Silentg
I wasn't really punishing myself, and in the overall scheme of things, the OP KNOWS when the 10-day clock is running out. I'm relatively sure s/he is doing just what was suggested.
 

theo

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Give me 50 lashes with a wet noodle for neglecting to count the days on my fingers and toes. Penalty accepted.
Jim:
No criticism was in any way intended; I am just trying to very strongly encourage the OP not to rely solely upon "hope" and "fingers crossed" and to overtly act promptly (despite the inconvenience), just in case the reportedly "delayed" original rescission correspondence is now lost somewhere within the labyrinth of the USPS system.

With $19k at stake, "hope" and "fingers crossed" alone just doesn't cut it, at least IMnsHO.
 
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Passepartout

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The mail is just delayed. It got delivered today. I feel so relaxed now. I am just waiting for my refund to show up in my account.
Great news! Just know that it could be some time before the credit shows on your statement. That will give you some time to do some unbiased reading up on the various timeshare outfits (if you're still interested). There is a questionnaire in the red 'stickies' at the top of this forum to help you (and us) narrow down what might work best for you at a reasonable cost. Fill it out and post it. There are a couple of questions I'm not fond of, for instance the preference of going back to a home resort vs. exchanging doesn't mention the cost of exchanging (it isn't free).

Anyway, congratulations. Go buy yourself a celebratory drink and settle in for some reading.

Jim
 

ecwinch

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Yes, great news! This just highlights the necessity to ALWAYS send the recession notice by certified mail, and to rely on any other method (hand delivery, fax, email, etc) only as a backup.
 

theo

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Thank you all for your support & help & ideas.

It got delivered today. I feel so relaxed now. I am just waiting for my refund to show up in my account.
Excellent. Congrats.

Bear in mind that it could potentially (and lawfully) take up to 45 days before you actually see your refund. It likely will not take that long, but it could. They have no legal obligation to "update" you at any time regarding the processing of your rescission, but they might. I strongly recommend not initiating (or accepting) any "follow up" phone calls on the matter.
Sit back and let the law work for you. No developer dares to not comply with applicable state rescission laws. Well done.
 
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alexws

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Thanks guys!!!

I will definitely do more readings in this forum to educate myself about TS.

The last question in the questionnaire (Do you understand that once you buy a timeshare, it may be very difficult to sell or give away, and you are responsible for all fees, until you do?) makes me feel I really need to know more about TS before I make a decision to buy one. I would be better off being a renter for now.
 

Passepartout

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I really need to know more about TS before I make a decision to buy one. I would be better off being a renter for now.
I couldn't agree more. I am in the 'divestiture' phase of TS ownership, and the selling, giving away, turning back to the HOA, are a PITA at best.
 

Panina

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Thanks guys!!!

I will definitely do more readings in this forum to educate myself about TS.

The last question in the questionnaire (Do you understand that once you buy a timeshare, it may be very difficult to sell or give away, and you are responsible for all fees, until you do?) makes me feel I really need to know more about TS before I make a decision to buy one. I would be better off being a renter for now.
An educated consumer on timeshares will make better decisions when acquiring timeshares and will reap the benefits of timesharing.

I always and still believe buy where you like to go and acquire in a high demand area in a high demand time. This way when you no longer want it you will be able to find it a new home.
 

Panina

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pedro47

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Congratulations, I am so very happy you found this website and now you know “That Knowledge is Power.” by Bacon.
Please share your knowledge about this website with others, so they can also become a savory timeshare buyer & consumer.
I also liked the fact, that your refund is in your bank account.
Good luck.
 
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