Suing Wyndham

[MikeFTC]

Does anyone have any experience taking legal action against Wyndham to get them to take back a contract? I originally had purchased fixed and float weeks points through RCI that were converted to Wyndham points when I purchased additional Club Wyndham Access points. I have contacted Wyndham Cares and was told that only the Access points are eligible for the Certified Exit program. However, I was told originally that I would be able to give back all the contracts because I was enrolled in the Pathways program, and this was confirmed by a sales representative last spring at National Harbor. It appears that my only options now are to either stop paying the maintenance fees, or sue them.

 

[chapjim]

Does anyone have any experience taking legal action against Wyndham to get them to take back a contract? I originally had purchased fixed and float weeks points through RCI that were converted to Wyndham points when I purchased additional Club Wyndham Access points. I have contacted Wyndham Cares and was told that only the Access points are eligible for the Certified Exit program. However, I was told originally that I would be able to give back all the contracts because I was enrolled in the Pathways program, and this was confirmed by a sales representative last spring at National Harbor. It appears that my only options now are to either stop paying the maintenance fees, or sue them.

What you were told isn't worth a pinch of cow plop.

Look at the contracts.

 

[dioxide45]

You've already asked about this over here, at least about Pathways. I don't know if you didn't like the answers or if you think you will get different answers by asking in a new thread. What matters is what your contract says. You were asked about that over in that thread but never answered. Have you read the contracts?

 

[55plus]

Stop paying maintenance fees, walk away and force the issue. You may take a credit hit. Unless you are planning to takeout a loan in the next several years, walk away.

The deeded resort and owners will be on the hook until a foreclosure is completed.

 

[dioxide45]

Stop paying maintenance fees, walk away and force the issue. You may take a credit hit. Unless you are planning to takeout a loan in the next several years, walk away.

The deeded resort and owners will be on the hook until a foreclosure is completed.

I suspect the OP wants to receive whatever payment that Pathways "promised" to provide. I don't recall exactly how it worked, but it wasn't just a straight deed back. The OP can probably still use Certified Exit to give it back to Wyndham vs. just defaulting.

 

[bnoble]

OP: What is your overall goal? Do you still owe on the purchase of any of these deeds/contracts, or do you own them free and clear? If the latter, what do you own in addition to the Access points?

Filing a lawsuit is probably not the best option you have available.

 

[easyrider]

Does anyone have any experience taking legal action against Wyndham to get them to take back a contract? I originally had purchased fixed and float weeks points through RCI that were converted to Wyndham points when I purchased additional Club Wyndham Access points. I have contacted Wyndham Cares and was told that only the Access points are eligible for the Certified Exit program. However, I was told originally that I would be able to give back all the contracts because I was enrolled in the Pathways program, and this was confirmed by a sales representative last spring at National Harbor. It appears that my only options now are to either stop paying the maintenance fees, or sue them.

It wouldn't be worth the effort to go to court on something that has no value, imo. Especially if you don't have what you claim in writing.

Bill

 

[55plus]

Wyndham has deep pockets; you can win.

 

[DRIless]

Wyndham has deep pockets; you can't win.
Whatever they told you, means nothing if you don't have it in the contract.

 

[dioxide45]

I suspect you may be forced into arbitration instead and that can end badly with you also having to pay Wyndham's legal expenses if you lose.

 

[bnoble]

Before we talk about whether Wyndham has deep pockets, or whether arbitration is a thing, it might be useful to understand if the OP even has a case.

So far, all we know is that one or more sales agents told the OP that some or all of their ownership is eligible for Pathways. If that's the sum total of evidence, there is no case. No. Case. I mean, you can file a suit even under those conditions, but you have no hope of getting anywhere, and it will be nothing more than a waste of time and money.

Which is why we keep asking: What does your contract say?

 

[pedro47]

To the OP, suggestion only, please find and read all the fine print in your original deed contract before you take any legal action.

Good luck.

 

[HitchHiker71]

IIRC a couple of the folks who have replied here are lawyers - so best to listen to what they have to say really. I'm not going to say who, that's for them to decide, but you're getting very good advice in this thread without a doubt. I myself said the same thing in your other thread, anything said is just hearsay really, the only thing that matters is what's in your contract.

 

[rickandcindy23]

Just write letters to government agencies, like the FL Attorney General, Florida Real Estate Commission, and don't forget the BBB, which is not a government agency.

Same letter, sent to multiple places. We did this, and we have been severely punished for doing it, but if you wanted to walk away, should they inflict their corporation ire on you. They may shut down your account for a period of time, or disallow an owner on your account. Your account may get more scrutiny for rentals, also.

I am now only listed on one of our contracts in our account. I am on all 8 of the deeds. Our kids are no longer showing as owners on our accounts, and they are on the deeds. It's been punishment after punishment. It never ends with Wyndham. And the concierge people often glare at us, when we go to get our wristbands. I am a timid person. I have no idea what is on our account that makes them hate us. We will be walking away at some point, or we will give away the contracts we have left.

 

[bnoble]

a couple of the folks who have replied here are lawyers

To be crystal clear: I am not a lawyer, I do not play one on TV, and I did not sleep at a Holiday Inn last night.

 

[geist1223]

If I remember correctly Wyndham Contracts require Arbitration.

 

[Janann]

Interesting.

Wyndham class action alleges timeshare contracts include unenforceable arbitration clause

A new class action lawsuit claims Wyndham Vacation Resorts employs deceptive sales practices, hides pertinent timeshare details and includes an unenforceable Wyndham arbitration requirement in its contracts.

topclassactions.com