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I rescinded my timeshare "purchase" with Wyndham Hawaii back in November..Well documented mailed receipt sent day 4 of the rescission period.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.

Thought I would post an update....Credit agencies were notified I was contesting the charge, Had a lawyer contact them requesting their reason for not rescinding according to law, lawyer received the following response from Wyndham.... "We appreciate you bringing Mr. xxxxxxx’s concerns to our attention surrounding his request to rescind his purchase. In error, when Mr. xxxxx’s rescission letter was received by the sales site they forwarded the letter without the original envelope confirming the actual date of the request. Due to this error his rescission request was denied.""

So they "lost" the mailed envelope and would not accept my proof from USPS for mailing it. Rescission was finally accepted, I'm still trying to get their crap off my credit report. I will not deal with Wyndham again. The initial cost of the points was around $25k as someone was asking...

 

[Grammarhero]

Thought I would post an update....Credit agencies were notified I was contesting the charge, Had a lawyer contact them requesting their reason for not rescinding according to law, lawyer received the following response from Wyndham.... "We appreciate you bringing Mr. xxxxxxx’s concerns to our attention surrounding his request to rescind his purchase. In error, when Mr. xxxxx’s rescission letter was received by the sales site they forwarded the letter without the original envelope confirming the actual date of the request. Due to this error his rescission request was denied.""

So they "lost" the mailed envelope and would not accept my proof from USPS for mailing it. Rescission was finally accepted, I'm still trying to get their crap off my credit report. I will not deal with Wyndham again. The initial cost of the points was around $25k as someone was asking...

Congrats!

edit: dispute with the credit reports. Show them the letter or email from Wyndham.

 

[Grammarhero]

Thought I would post an update....Credit agencies were notified I was contesting the charge, Had a lawyer contact them requesting their reason for not rescinding according to law, lawyer received the following response from Wyndham.... "We appreciate you bringing Mr. xxxxxxx’s concerns to our attention surrounding his request to rescind his purchase. In error, when Mr. xxxxx’s rescission letter was received by the sales site they forwarded the letter without the original envelope confirming the actual date of the request. Due to this error his rescission request was denied.""

So they "lost" the mailed envelope and would not accept my proof from USPS for mailing it. Rescission was finally accepted, I'm still trying to get their crap off my credit report. I will not deal with Wyndham again. The initial cost of the points was around $25k as someone was asking...

If it makes you feel better, Wyndham is banning me effective February 2021. Wyndham says I’m “ineligible to own anymore Wyndham resale contracts.”

@dgalati @CPNY about my upcoming Wyndham ban.

 

[RX8]

In error, when Mr. xxxxx’s rescission letter was received by the sales site they forwarded the letter without the original envelope confirming the actual date of the request. Due to this error his rescission request was denied."

We advise all the time to not go back into the sales office and ignore their phone calls when you want to rescind. I am sure that the sales office knew exactly what they were doing when that envelope with the postmark ended up in the trash.

Congrats for fighting it to the end.

 

[RX8]

If it makes you feel better, Wyndham is banning me effective February 2021. Wyndham says I’m “ineligible to own anymore Wyndham resale contracts.”

@dgalati @CPNY about my upcoming Wyndham ban.

But they will gladly let you purchase retail....

 

[Grammarhero]

@tugb

But they will gladly let you purchase retail....

yep. They say I could overcome my upcoming ban by buying developer, retail, or telesales.

 

[Talent312]

We advise all the time to not go back into the sales office and ignore their phone calls when you want to rescind. I am sure that the sales office knew exactly what they were doing when that envelope with the postmark ended up in the trash.

Yeah. We've seen this error more than once...
Going to (dealing with) a sales office on a rescind is asking for trouble.
Their raison d'etre is to make a sale, and to make it stick, regardless.
Someplace in the materials, likely well-hidden, was the correct address.
.

.

 

[bogey21]

In error, when Mr. xxxxx’s rescission letter was received by the sales site they forwarded the letter without the original envelope confirming the actual date of the request. Due to this error his rescission request was denied."

It looks like rescission letter was mailed to the sales site rather that the address spelled out in the Contract to which rescission requests should be mailed....

George

 

[davidvel]

It looks like rescission letter was mailed to the sales site rather that the address spelled out in the Contract to which rescission requests should be mailed....

George

I'm interested to know if you have any citation to Hawaii law that the seller has the right to unilaterally dictate how or where a buyer must give notice of rescission, other than to any of the seller's agents or employees?

 

[Talent312]

I'm interested to know if you have any citation to Hawaii law that the seller has the right to unilaterally dictate how or where a buyer must give notice of rescission, other than to any of the seller's agents or employees?

Hawaii Statutes § 514E-8 Mutual right to cancel.
Within seven calendar days after the execution of the contract to purchase an interest in a time share plan, or within seven calendar days after the purchaser's receipt of a disclosure statement required by this chapter, whichever occurs later, either party may cancel the contract without penalty by mailing or delivering a notice of cancellation to the other party at an address specified on the contract. The notice of cancellation shall be effective upon mailing or delivery to the other party at the address specified on the contract. (emphasis added)

If you sign the contract, then you've agreed to use that address.

.

 

[KossB]

Thought I would post an update....Credit agencies were notified I was contesting the charge, Had a lawyer contact them requesting their reason for not rescinding according to law, lawyer received the following response from Wyndham.... "We appreciate you bringing Mr. xxxxxxx’s concerns to our attention surrounding his request to rescind his purchase. In error, when Mr. xxxxx’s rescission letter was received by the sales site they forwarded the letter without the original envelope confirming the actual date of the request. Due to this error his rescission request was denied.""

So they "lost" the mailed envelope and would not accept my proof from USPS for mailing it. Rescission was finally accepted, I'm still trying to get their crap off my credit report. I will not deal with Wyndham again. The initial cost of the points was around $25k as someone was asking...

Does the contract you signed contain an arbitration clause?

If so, the arbitration clause almost always survives the termination of the contract. This means that any dispute arising out of the contract must be resolved through arbitration, and not through a lawsuit. Rescission of the contract, and the fact that Wyndham has accepted the fact that the contract was validly rescinded, does not necessarily void the arbitration clause. It depends on exactly how it is written.

And this may be a good thing. I have extensive experience with arbitration proceeedings. You don't need an attorney, and it is easier, faster, and much cheaper than hiring a lawyer and filing a lawsuit.

If you are still having trouble getting the negative information removed from your credit report, you should definitely check the text of the contract to see if there is arbitration clause. You may message me privately, and I can provide additional advice.

Burton

 

[dioxide45]

If it makes you feel better, Wyndham is banning me effective February 2021. Wyndham says I’m “ineligible to own anymore Wyndham resale contracts.”

@dgalati @CPNY about my upcoming Wyndham ban.

How can they deny your right to buy real property? So if you get a deed put in your name, they won't recognize it? How does that sound legal?

 

[bnoble]

If it is CWA, it isn't real property. If it is a converted fixed week, Wyndham might be able to withdraw the week from the points program on transfer (but I'm not sure how the contract is worded). The interesting case is UDI---is the ownership of the property separable from the points program? If so, that's how.

 

[simpsontruckdriver]

When dealing with credit reporting agencies, the negative mark may take a few months to be resolved. BUT, most agencies will allow you to challenge it. You fill out a form detailing why the mark is in error, they send it to the company (in this case Wyndham), they have 30-ish days to respond. Since you have 100% proof it is an error, it will be taken out within that 30 days. I use Credit Karma, so I can do it with a few clicks.

TS

 

[davidvel]

Hawaii Statutes § 514E-8 Mutual right to cancel.
Within seven calendar days after the execution of the contract to purchase an interest in a time share plan, or within seven calendar days after the purchaser's receipt of a disclosure statement required by this chapter, whichever occurs later, either party may cancel the contract without penalty by mailing or delivering a notice of cancellation to the other party at an address specified on the contract. The notice of cancellation shall be effective upon mailing or delivery to the other party at the address specified on the contract. (emphasis added)

If you sign the contract, then you've agreed to use that address.

.

Thanks.

 

[schreff]

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.

I am in the midst of filing legal action against all 3 credit agencies for their negligence and failure to fully investigate properly. Research this and you will find that the 3 credit agencies are notorious for their lack of proper follow up. My problem has lowered both my wife and my close to 850 credit score which we have had for over 8 years by over 200 points. We have supplied clear proof that the creditor has made errors but it has done absolutely no good. This has gone on for over a year and a half.

There are attorneys who specialize in this area online but I am using my personal attorney as it is tied into a legal issue against the creditor, Hyundai Motors, who charged an amount after our lease payments were paid in full. The charge was for a small scrap caused by faulty equipment and was contested after the lease end payment was made. The faulty equipment also caused bodily injury on another occasion. Dealing with both Hyundai and the credit reporting agencies has been one of the most frustrating experiences in my life.

 

[RX8]

I am in the midst of filing legal action against all 3 credit agencies for their negligence and failure to fully investigate properly. Research this and you will find that the 3 credit agencies are notorious for their lack of proper follow up. My problem has lowered both my wife and my close to 850 credit score which we have had for over 8 years by over 200 points. We have supplied clear proof that the creditor has made errors but it has done absolutely no good. This has gone on for over a year and a half.

There are attorneys who specialize in this area online but I am using my personal attorney as it is tied into a legal issue against the creditor, Hyundai Motors, who charged an amount after our lease payments were paid in full. The charge was for a small scrap caused by faulty equipment and was contested after the lease end payment was made. The faulty equipment also caused bodily injury on another occasion. Dealing with both Hyundai and the credit reporting agencies has been one of the most frustrating experiences in my life.

I’m no attorney but I think you are going after the wrong party.

Your dispute is with Hyundai. Hyundai reports your credit history to the bureaus and the credit bureaus simply add that history to your profile. If you dispute with the credit bureau they have a requirement to investigate. What they do is send this dispute to the creditor, in this case Hyundai. Hyundai has 30 days to respond to the dispute. If Hyundai does not respond to the dispute within 30 days, or they confirm to the credit bureaus That what you dispute is correct then the credit bureaus will correct the inaccuracy. If Hyundai validates what is on the credit bureau as being accurate then they respond to the dispute with that fact and the credit bureau closes out the dispute with no changes made.

You could send supporting documentation to the credit bureaus but they are not experts in excess wear and tear, which is what it sounds like your dispute is with Hyundai. They are also not experts in determining if something is faulty equipment. Unless it is something clear like you providing 36 proof of payments when the creditor says only 33 were made then I don’t see them making changes on your behalf. These are things that you should dispute directly with Hyundai.

If your disputes with the credit agencies have not removed the derogatory reporting that can only mean that Hyundai has responded to the dispute by stating that their reporting is correct. The credit bureaus are simply reporting what Hyundai says is accurate. How can this be the credit bureau’s fault?

By the way this should probably be a separate thread since it has nothing to do with a timeshare rescission.

 

[Grammarhero]

I’m no attorney but I think you are going after the wrong party.

Your dispute is with Hyundai. Hyundai reports your credit history to the bureaus and the credit bureaus simply add that history to your profile. If you dispute with the credit bureau they have a requirement to investigate. What they do is send this dispute to the creditor, in this case Hyundai. Hyundai has 30 days to respond to the dispute. If Hyundai does not respond to the dispute within 30 days, or they confirm to the credit bureaus That what you dispute is correct then the credit bureaus will correct the inaccuracy. If Hyundai validates what is on the credit bureau as being accurate then they respond to the dispute with that fact and the credit bureau closes out the dispute with no changes made.

You could send supporting documentation to the credit bureaus but they are not experts in excess wear and tear, which is what it sounds like your dispute is with Hyundai. They are also not experts in determining if something is faulty equipment. Unless it is something clear like you providing 36 proof of payments when the creditor says only 33 were made then I don’t see them making changes on your behalf. These are things that you should dispute directly with Hyundai.

If your disputes with the credit agencies have not removed the derogatory reporting that can only mean that Hyundai has responded to the dispute by stating that their reporting is correct. The credit bureaus are simply reporting what Hyundai says is accurate. How can this be the credit bureau’s fault?

By the way this should probably be a separate thread since it has nothing to do with a timeshare rescission.

I often tell folks attorneys are not your friends. They are friends with your wallets. Attorneys like to bait clients into thinking they have a case, collect attorney fees and do legal work, and then explain they tried their best when losing a case.

 

[Grammarhero]

I’m no attorney but I think you are going after the wrong party.

Your dispute is with Hyundai. Hyundai reports your credit history to the bureaus and the credit bureaus simply add that history to your profile. If you dispute with the credit bureau they have a requirement to investigate. What they do is send this dispute to the creditor, in this case Hyundai. Hyundai has 30 days to respond to the dispute. If Hyundai does not respond to the dispute within 30 days, or they confirm to the credit bureaus That what you dispute is correct then the credit bureaus will correct the inaccuracy. If Hyundai validates what is on the credit bureau as being accurate then they respond to the dispute with that fact and the credit bureau closes out the dispute with no changes made.

You could send supporting documentation to the credit bureaus but they are not experts in excess wear and tear, which is what it sounds like your dispute is with Hyundai. They are also not experts in determining if something is faulty equipment. Unless it is something clear like you providing 36 proof of payments when the creditor says only 33 were made then I don’t see them making changes on your behalf. These are things that you should dispute directly with Hyundai.

If your disputes with the credit agencies have not removed the derogatory reporting that can only mean that Hyundai has responded to the dispute by stating that their reporting is correct. The credit bureaus are simply reporting what Hyundai says is accurate. How can this be the credit bureau’s fault?

By the way this should probably be a separate thread since it has nothing to do with a timeshare rescission.

The way I see it, the credit agencies would be liable only for the increased interest rates from having a 650 credit score instead of 850. Then the credit agencies would split the damages by 3. Not sure if that’s worth all the attorney fees to litigate, write and file legal briefing, and orally argue in court. The issue of credit agency liability might not survive a motion to dismiss, and the issue might be settled quickly for an amount not even covering the attorney fees on that issue.

 

[bnoble]

I often tell folks attorneys are not your friends. They are friends with your wallets. Attorneys like to bait clients into thinking they have a case, collect attorney fees and do legal work, and then explain they tried their best when losing a case.

Not (always) so. I had a lawyer on retainer talk me out of pursuing a legal remedy---not because I would lose, but because winning would not ultimately satisfy my goals.

 

[davidvel]

Not (always) so. I had a lawyer on retainer talk me out of pursuing a legal remedy---not because I would lose, but because winning would not ultimately satisfy my goals.

That's not possible, see the other posts above.