Rescission not being honored..

[wickalar]

I rescinded my timeshare "purchase" with Wyndham Hawaii back in November..Well documented mailed receipt sent day 4 of the rescission period. Deposit was placed on my Visa. Wyndham has fought this tooth and nail. Visa looked at my postmarked receipts, agreed with us as we cancelled within the required period and cancelled/refunded all charges to us. Meanwhile Wyndham has knocked my credit score down 200 points filing against me . I am purchasing a house. this has raised interest rates for us. I need the name of an attorney to get this corrected. Has anyone been successful suing for damages? Thanks.

 

[SmithOp]

Before you pay for a lawyer, what about filing a protest with the credit bureau to remove the bad marks. Wyndham should not be able to report a legally rescinded debt, you have proof and the credit card upheld your claim.

Sent from my SM-G970U using Tapatalk

 

[rickandcindy23]

Before you pay for a lawyer, what about filing a protest with the credit bureau to remove the bad marks. Wyndham should not be able to report a legally rescinded debt, you have proof and the credit card upheld your claim.

Sent from my SM-G970U using Tapatalk

Yes, this will work. I helped someone write a letter to the credit bureaus to have the same thing removed from their record. It happened to be Wyndham.

 

[am1]

The credit card decided they will not hold the purchaser liable for the charge. Not that the debt is valid or not. Are you sure you sent the paperwork in properly?

 

[DrQ]

If it were me, I would go to the Credit Info Center Forums and learn how to dispute the entries with the CRA's (Credit Reporting Agencies). Keep all the documentation. If they continue to violate the FCRA a lawyer specializing in that practice working on contingency can sue Wyndham if your documentation is in order and they refuse to remove the entries.

 

[RX8]

Surely you must have spoken to Wyndham. If they are fighting this “tooth and nail” why are they saying you are still responsible?

 

[controller1]

Surely you must have spoken to Wyndham. If they are fighting this “tooth and nail” why are they saying you are still responsible?

^^^^^ Yes, this is my question also.

 

[tschwa2]

Are they saying they never received the rescission? Are they saying that they received it but it wasn't valid for some reason- for example the purchasers did not sign the rescission or something like that?

 

[geist1223]

The common standard in the American Jurisprudence is that a thing mailed is deemed received the date it is mailed. So if you have proof of mailing that is a non-issue and an easy win for you. If more that one person signed the purchase agreement then all persons that signed the purchase agreement must sign the Recission. In the OP you use both the terms "I" and "we." So how many people signed the Purchase Agreement? Did all the same people sign the Recission?

 

[TheTimeTraveler]

I rescinded my timeshare "purchase" with Wyndham Hawaii back in November..Well documented mailed receipt sent day 4 of the rescission period. Deposit was placed on my Visa. Wyndham has fought this tooth and nail. Visa looked at my postmarked receipts, agreed with us as we cancelled within the required period and cancelled/refunded all charges to us. Meanwhile Wyndham has knocked my credit score down 200 points filing against me . I am purchasing a house. this has raised interest rates for us. I need the name of an attorney to get this corrected. Has anyone been successful suing for damages? Thanks.

You state that you mailed this back on day 4 of the rescission period; what is the rescission period allowed (as it differs in each state) ????

Did you mail it via CERTIFIED MAIL ???? I ask because if you go to court certified mail rules the roost regarding proof.

"Assuming" you did your rescission correctly then you have every cause to contact the Consumer Protection Division of the Attorney General's Office (provide them with xeroxed copies of your rescission letter and your postmarked certified paperwork to evidence your case). They will carry the ball and enforce the law for you; it's their job to do so, and it won't cost you hiring your own lawyer!

Best of luck!




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[Braindead]

We all know that TS companies don’t mess around with rescissions, they honor rescissions period !!

There has to be more to this story.

 

[wickalar]

Sent certified priority mail, Hawaii period is 7 days. VISA held their hearing ruled in our favor and now Wyndham filed against our credit and even included "extra" fees for the reverse charges... I really don't understand myself. I'm tired of them wasting my time.

 

[wickalar]

^^^^^ Yes, this is my question also.

They claim it was received a day after the rescission period. sent certified priority on a friday, delivered saturday, they say received tuesday..7 day was Monday. Hawaii goes by the postmarked date which was friday. Go figure...

 

[wickalar]

The common standard in the American Jurisprudence is that a thing mailed is deemed received the date it is mailed. So if you have proof of mailing that is a non-issue and an easy win for you. If more that one person signed the purchase agreement then all persons that signed the purchase agreement must sign the Recission. In the OP you use both the terms "I" and "we." So how many people signed the Purchase Agreement? Did all the same people sign the Recission?

yes, my wife and I and we both signed.

 

[DrQ]

They claim it was received a day after the rescission period. sent certified priority on a friday, delivered saturday, they say received tuesday..7 day was Monday. Hawaii goes by the postmarked date which was friday. Go figure...

If you have your receipt on when it was sent, they are playing with fire.

 

[TheTimeTraveler]

They claim it was received a day after the rescission period. sent certified priority on a friday, delivered saturday, they say received tuesday..7 day was Monday. Hawaii goes by the postmarked date which was friday. Go figure...

Rescission law is the date of the Postmark. If it was Postmarked within the 7 day timeframe then your rescission is valid.

It doesn't matter if they received it a month after the Postmark. It is the Postmark of mailing which is absolute.




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[Talent312]

I'm sure that Hawaii's AG office has a consumer protection office, as well as a real estate regulatory agency that governs TS transactions. They likely have an online complaint forms.

But while they do their thing, contact the three major credit reporting agencies to place a dispute or explanation in your file. They will also have instructions online.
.

 

[wickalar]

Thanks all for the direction and advice. I just hate these SOB's wasting more of my valuable time, I think its all part of the game to them. Thus why I was hoping for a recommended attorney. Plus, I imagine with the current state of affairs, Gov't. will be moving at a snails pace.

 

[tschwa2]

Thanks all for the direction and advice. I just hate these SOB's wasting more of my valuable time, I think its all part of the game to them. Thus why I was hoping for a recommended attorney. Plus, I imagine with the current state of affairs, Gov't. will be moving at a snails pace.

Wyndham doesn't usually play that kind of game. If you rescind on time they generally honor it. If you provide proof of mailing date and provide that to them, that is all you need. It is very unusual for them to fight tooth and nail when they don't have a legal leg to stand on.

One more question. Did you mail it to the address indicated on your contract or did you mail it to the sales office where you purchased? They may be one in the same but usually rescissions are only handled in a few offices regardless of where you purchased from.

 

[Grammarhero]

Thanks all for the direction and advice. I just hate these SOB's wasting more of my valuable time, I think its all part of the game to them. Thus why I was hoping for a recommended attorney. Plus, I imagine with the current state of affairs, Gov't. will be moving at a snails pace.

Hope things get better for you. Mind sharing how much you saved with rescission?

 

[am1]

Thanks all for the direction and advice. I just hate these SOB's wasting more of my valuable time, I think its all part of the game to them. Thus why I was hoping for a recommended attorney. Plus, I imagine with the current state of affairs, Gov't. will be moving at a snails pace.

Remember you purchased from them and then decided to back out. No doubt a good decision and your right but who wasted whose time? You signed a contract without giving it a second thought.

 

[VacationForever]

Thanks all for the direction and advice. I just hate these SOB's wasting more of my valuable time, I think its all part of the game to them. Thus why I was hoping for a recommended attorney. Plus, I imagine with the current state of affairs, Gov't. will be moving at a snails pace.

Wouldn't notifying the credit bureau with your data be faster, cheaper and more straightforward?

 

[Iggyearl]

"Dear Wyndham Hawaii - I am writing this letter as a last resort, regarding my purchase and subsequent rescission of a timeshare product on March__2020. Enclosed please find a copy of the rescission instructions, as well as our letter to you, and a copy of our mailing receipt. You will notice that these documents meet your requirement for a timely rescission. Since my credit card carrier has refunded the full purchase deposit, one might conclude that I have been made whole from this transaction, That is not the case. Your filings with the 3 major credit bureaus has caused a significant drop in our credit score, at a critical time in our lives.

I would like a communication from your office explaining the reasons for your actions. Do you feel like we do not deserve to rescind our purchase? If so, for what reason? If you find no reason to pursue this matter in court, I request that you contact the 3 major credit bureaus and correct our damaged report. If I do not hear from you by April _ 2020, I will pursue a legal remedy for this situation. My wife and I are in search of a house at this time and you have done significant damage to our lives.

I expect that this matter can be resolved without the expenses of an attorney. May we hear from you at your earliest convenience. Regards, _____________ "

Just a thought................ YMMV

 

[bogey21]

One more question. Did you mail it to the address indicated on your contract or did you mail it to the sales office where you purchased? They may be one in the same but usually rescissions are only handled in a few offices regardless of where you purchased from.

This may be the key in this controversy...

George

 

[Megleah87xx]

They claim it was received a day after the rescission period. sent certified priority on a friday, delivered saturday, they say received tuesday..7 day was Monday. Hawaii goes by the postmarked date which was friday. Go figure...

It doesn’t matter when they physically received it. The document is counted as “received” according to the date sent/postmarked. I recently rescinded my Wyndham contract a few weeks ago. I mailed out my rescission letter on the last day (Day 10) of my 10 day rescission period. So technically, Wyndham also received my letter physically after my period would have been over. However, since I had it postmarked within the allowed time frame, it was honored, no questions asked. My deposits were refunded and I received a confirmation email confirming the recision. I’m just trying to put all the pieces together. As others are asking, did you mail it to the exact address as stated in your contract? The only way I could see them fighting you would be if you sent it to the wrong address, such as the resort that you purchased from.
-Megan.