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Should I hire a lawyer to sue Wyndham?

Erica Yoon

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Hi, all,

Me and my hubby fell into the sales pitch at Wyndham sales office in San Antonio, TX and bought 200,000 points for $29,000 about a month ago. Then we did some research that day and went down to the sales office the following day to cancel the purchase with a rescission letter. We asked for a receipt and they signed at the bottom of our letter and gave the copy to us. Just in case, my husband even took a picture of me holding the rescission letter with a signature of receipt at the office. They made us apply for a credit card to cover for the deposit, but they said we shouldn’t worry about the application to the credit card since we cancelled within 24 hours.

We thought it was over but the nightmare began last week. We got a credit card and a bill from their credit card company called vacation club. Then we received a silver membership card from Wyndham!!!! We tried to reach the salesperson, but he never replied me back. Oh, actually, he even texted me a while ago asking if we still wanted to be a timeshare owner! That explains that he witnessed our rescission! But when I sent him text messages about this whole issue, he never replied back. Maybe his supervisor advised him not to say anything. I reached club wyndham 1800 number and after several transfers, I talked to an agent who asked me to email her all kinds of proof/ evidence that will prove that we submitted the rescission letter. We feel so distressed and worried. If they do not cancel this and get this straight, should We hire a lawyer to sue them? We feel so mad and don’t know what to do. Please advise us. This is the our very first experience with timeshare. Just wanna cry...
 
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TUGBrian

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would absolutely dispute the charge on your card (and call the credit card number to have it cancelled immediately).

this is one of those situations where not following the instructions to legally rescind is being exploited by the resort.

I doubt a lawyer needs to be involved at this point, but you are going to need to continue to be the squeaky wheel to convince them to move forward with the rescission.

Just another example of why we always tell folks to avoid returning to the sales office to rescind!
 

Erica Yoon

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I don’t know if the credit card company would let us cancel with balance on it...
 

Erica Yoon

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The vacation club (bank or credit card co.) said we would need to call wyndham to dispute it. I think they are all on the same boat... =[


would absolutely dispute the charge on your card (and call the credit card number to have it cancelled immediately).

this is one of those situations where not following the instructions to legally rescind is being exploited by the resort.

I doubt a lawyer needs to be involved at this point, but you are going to need to continue to be the squeaky wheel to convince them to move forward with the rescission.

Just another example of why we always tell folks to avoid returning to the sales office to rescind!
And
 

Erica Yoon

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Also, should i keep texting my salesperson too??? To get him to do something about this?
 

TravelTime

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All you need to do is dispute the charge on your credit card. I have done this with no problems. If you sent in the recission letter, you will be fine.
 

bogey21

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If you sent in the recission letter, you will be fine.
That's the problem. They didn't follow the instructions and send their rescission letter, they hand delivered it! I don't know the answer to their dilemma but what I do know is that lawyers don"t come cheap,,,

George
 

dioxide45

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If you sent in the recission letter, you will be fine.
The problem is they didn't send it, they walked it in to the sales office. This is never recommended. It is always recommended to follow the letter of the contract as to how to submit recission. If done based on the contract, there is no dispute. That said, the major timeshare companies will honor a walked in rescission letter and it seems that the local sales office here is not being honest. I expect if the OP takes the copy of the rescission letter that they have up the corporate ladder to the people that actually handle recessions, it will get taken care of. Though we need to let this thread be an example of a situation where one needs to read the contract, don't try to wing it with recission. The law could ultimately prevail. I wish the OP luck.
 

Erica Yoon

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The contract said that we could mail it or hand it directly in person. Then we read somebody on this forum saying he just walked into the sales office and delivered it in person and got it done fast and easy. Then we thought it would be that simple... until this whole thing happened...


The problem is they didn't send it, they walked it in to the sales office. This is never recommended. It is always recommended to follow the letter of the contract as to how to submit recission. If done based on the contract, there is no dispute. That said, the major timeshare companies will honor a walked in rescission letter and it seems that the local sales office here is not being honest. I expect if the OP takes the copy of the rescission letter that they have up the corporate ladder to the people that actually handle recessions, it will get taken care of. Though we need to let this thread be an example of a situation where one needs to read the contract, don't try to wing it with recission. The law could ultimately prevail. I wish the OP luck.
 

bluehende

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The contract said that we could mail it or hand it directly in person. Then we read somebody on this forum saying he just walked into the sales office and delivered it in person and got it done fast and easy. Then we thought it would be that simple... until this whole thing happened...
Keep at it. You followed the contract so it should all work out. If you decide to go lawyer go cheap and have them just send a letter. I would be surprised if what you have isn't enough. Other thoughts are threatening to file with the states attorney general. Wyndham is a legit company that does follow the law.
 

dioxide45

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Keep at it. You followed the contract so it should all work out. If you decide to go lawyer go cheap and have them just send a letter. I would be surprised if what you have isn't enough. Other thoughts are threatening to file with the states attorney general. Wyndham is a legit company that does follow the law.
I would agree, a few hundred dollars at most for a letter on an attorney's letterhead would probably do the trick.
 

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The contract said that we could mail it or hand it directly in person.
Can you post exactly what the rescission instructions in the contract state? There may be an option for hand delivery, but that is probably to a corporate office in Las Vegas or Orlando, not any sales office.

Your intention was clear. Why didn't you just mail in the rescission by certified mail?

I hope no one relies on any post from someone claiming to successfully rescind a timeshare contract through the timeshare sales office. Very poor advice.

The contract said that we could mail it or hand it directly in person. Then we read somebody on this forum saying he just walked into the sales office and delivered it in person and got it done fast and easy.
Can you reference the post you read with that poor advice, so others can be warned away from taking it?
 

DrQ

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You could probably make the argument that the sales office staff are agents of the company (else they could not sell the product), BUT, you would need a signed receipt to show proof of delivery.

That is a long row to hoe rather than following the terms spelled out in the contract.
 

am1

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Best of luck. I would not trust sales people to cancel a purchase. Even if that is what you read. Like others have said cancel the credit card. Block any withdrawals from your bank that you may have set up.
 

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If due to the balance on the credit card they will not let you cancel the credit card then at least have them block all future charges.
 

Erica Yoon

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Can you post exactly what the rescission instructions in the contract state? There may be an option for hand delivery, but that is probably to a corporate office in Las Vegas or Orlando, not any sales office.

Your intention was clear. Why didn't you just mail in the rescission by certified mail?

I hope no one relies on any post from someone claiming to successfully rescind a timeshare contract through the timeshare sales office. Very poor advice.

Can you reference the post you read with that poor advice, so others can be warned away from taking it?
Can’t find the post. But somebody replied to someone else’s rescission post, and he or she said that office visit rescission was successful. He even mentioned that there was no waiting at all since the salespeople put him in the office as soon as possible because they didn’t want other people to hear it... and that’s what happened to us as well.
 

Erica Yoon

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You could probably make the argument that the sales office staff are agents of the company (else they could not sell the product), BUT, you would need a signed receipt to show proof of delivery.

That is a long row to hoe rather than following the terms spelled out in the contract.
Yes they signed on our letter as a proof of receipt. It has the salesperson’s name too.
 
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TUGBrian

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yea, given what youve mentioned in this post i think youll eventually get your rescission processed.

it just might take yelling until the right person at wyndham hears you!
 

rickandcindy23

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Wow, I would definitely have send the letter anyway, just so you would have post office proof of receipt.

This is lesson to all that rescinding according to the directions in the paperwork is the way to do it.

As strange as it may sound, I still have the rescission post office receipt from 10 years ago. I just wanted to make sure it was in my files, just in case someone, sometime, thought I didn't pay for something I bought. You can never be too careful.
 

dioxide45

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This is lesson to all that rescinding according to the directions in the paperwork is the way to do it.
It seems that the contract also said you could walk it in. Though we don't know where "walk it in" is.
 

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I think you will be fine, there just may be some pain and suffering. Don't hire a lawyer. Dispute the credit card charge. The credit card company will hear your story and will help pursue a valid cancelation. Be patient and don't pay anything to anybody.

Let us know how it progresses.

Best,

Greg
 

am1

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Wow, I would definitely have send the letter anyway, just so you would have post office proof of receipt.

This is lesson to all that rescinding according to the directions in the paperwork is the way to do it.

As strange as it may sound, I still have the rescission post office receipt from 10 years ago. I just wanted to make sure it was in my files, just in case someone, sometime, thought I didn't pay for something I bought. You can never be too careful.
I sure the the company has moved on after 10 years.
 

Passepartout

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Erica, I think you will be fine, but safeguard that signed rescission letter. Unfortunately, Wyndham Corporate may not think the way I do, and you may be spending some time at least on the phone with a supervisor in their rescission department (if there is such a thing). You will eventually win and be released from the contract, but they might try to make you think you are an owner.

Good Luck

Jim
 

PigsDad

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I agree with others that you will be fine but it will probably take some perseverance to get the rescission processed. First thing I would do is to stop all contact with the salesman! He is most likely the slimeball that never sent your rescission off to be processed in the first place, in hope of saving his commission. He is not there to help you. Contact corporate and insist the rescission be processed, as you have the proof with the signed letter.

Kurt
 
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