Rescission of contract

[safdak]

Hi, we entered into a contract to buy 2500 points while in Florida. Came home and realized we don't think we want to proceed. Based on the cancellation email on the contract, I sent an email stating we are cancelling within the 10 day cool down/rescission period, along with a copy of the contract. We haven't received a confirmation email yet. How do we follow up to ensure they don't process closing. There is no phone number to call.

 

[Tia]

Hopefully someone familiar with Marriott will respond soon. This is a first for me seeing email usually it's a certified letter via USPS that includes proof you mailed cancelation intentions during the required time . Is this written in your contract to use email?

 

[davidvel]

Hi, we entered into a contract to buy 2500 points while in Florida. Came home and realized we don't think we want to proceed. Based on the cancellation email on the contract, I sent an email stating we are cancelling within the 10 day cool down/rescission period, along with a copy of the contract. We haven't received a confirmation email yet. How do we follow up to ensure they don't process closing. There is no phone number to call.

Are you still in the 10 days?

 

[dioxide45]

Hopefully someone familiar with Marriott will respond soon. This is a first for me seeing email usually it's a certified letter via USPS that includes proof you mailed cancelation intentions during the required time . Is this written in your contract to use email?

Many Marriott contracts include the option to send recission request via email. I would hope the OP is following the contract. If they are, there really isn't any kind of status updates from MVC. They are just legally obligated to process the rescission and refund any payments already made.

I did suggest in another thread where the OP asked about this that they should follow up with a letter sent via USPS and perhaps include a copy of the email that was sent and that it was within the rescission timeframe.

 

[dioxide45]

Are you still in the 10 days?

They aren't anymore, but they were when they sent the email. At least according to their other post in another thread;

Requesting help on MVC rescind

Friday - bought MVC points at presentation Saturday - found TUG Sunday - creating recision request letter Per guidance on TUG I should include the contract number. Having difficulty locating that. There is a 5 digit number written on the USB I was given with all documents. I found the same...

tugbbs.com

 

[safdak]

Many Marriott contracts include the option to send recission request via email. I would hope the OP is following the contract. If they are, there really isn't any kind of status updates from MVC. They are just legally obligated to process the rescission and refund any payments already made.

I did suggest in another thread where the OP asked about this that they should follow up with a letter sent via USPS and perhaps include a copy of the email that was sent and that it was within the rescission timeframe.

My contract allowed for notice via email. I like the idea of sending the copy of the email and contract via mail before the intended closing date just to ensure they get it.

 

[safdak]

Hopefully someone familiar with Marriott will respond soon. This is a first for me seeing email usually it's a certified letter via USPS that includes proof you mailed cancelation intentions during the required time . Is this written in your contract to use email?

Yes, mail, fax OR email was an option on the official contract.

 

[Passepartout]

Yes, mail, fax OR email was an option on the official contract.

As long as email is an allowable means of contact, just be patient. It can take up to 45 days for the refund of your deposit to be posted to your credit card, and this might be the first and only clue that the rescission has been processed. They are under no legal obligation to notify you of the receipt, progress, or completion of the rescission, however, they ARE obligated to process any rescission requests submitted (postmarked) within the allowable time frame.

We only suggest sending rescission letters Certified with Returned Receipt for YOUR peace-of-mind.

Jim

 

[pedro47]

Does the OP, still have a copy of his dated email ?
Hopefully, he emailed the rescission letter to the correct Marriott’s business address.
Good luck

 

[daviator]

The reason it’s a good idea to rescind via postal mail is that you can do so via certified mail and then you have proof of the rescission and when it was mailed, just in case they claim not to have received it. If the contract allows rescission by email, that should work just fine – it’s just a little dicier to prove that you did it if something goes wrong.

MVC is a reputable company and if you rescind in a manner specified in the contract, they will process it and cancel the contract.

 

[davidvel]

If I were to email, I would CC a family member or friend, and also another MVC email I could find so there was a robust digital footprint. That being said, I have never heard of MVC denying rescission after a properly sent email when it is allowed in the K.

 

[safdak]

Are you still in the 10 days?

We sent the mail within the 10 day period. Just haven't heard anything since.

If I were to email, I would CC a family member or friend, and also another MVC email I could find so there was a robust digital footprint. That being said, I have never heard of MVC denying rescission after a properly sent email when it is allowed in the K.

Yup, cc'd spouse and the sales rep

If I were to email, I would CC a family member or friend, and also another MVC email I could find so there was a robust digital footprint. That being said, I have never heard of MVC denying rescission after a properly sent email when it is allowed in the K.

Yup, did both

 

[pedro47]

If I were to email, I would CC a family member or friend, and also another MVC email I could find so there was a robust digital footprint. That being said, I have never heard of MVC denying rescission after a properly sent email when it is allowed in the K.

The OP, also could have copy his own email address as a backup for his peace of mind.