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URGENT: Do I need to send a rescind letter? [multiple threads merged]

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Sorry for posting this twice - I am unsure if I posted in the right thread, and I am desperately seeking answers.

I signed a credit card authorization form and a form summarizing the payments but ultimately did not sign the actual HGV timeshare contract with the notary this past weekend. The notary voided the credit card receipt and gave me a copy of an email he sent internally to void the contract and refund. However, the payment has been posted on the credit card account and so far has not been refunded within 72 hours as I was told. I plan to contact the notary again today, however, do I need to send a rescind letter? I do not have the contract/paperwork with the address since I did not actually sign it. Does anyone know what the HGV rescind address is so I can send a rescind letter to cover my bases?
 

Fido Chuckwagon

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While you shouldn’t need to send a rescission letter in theory, there’s also no downside except for the cost of postage.
 
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While you shouldn’t need to send a rescission letter in theory, there’s also no downside except for the cost of postage.
Hi! That's what I was thinking, but I am not sure where to send it since I don't have the address from the contract as I did not sign it. Do you know how to find the address in this instance?

Has the charge posted as pending? If this is the case, then you need to wait until is finalized. At that point, it should clear. But, if it doesn't, then you can protest the charge.


It will be hard to rescind something without having a contract. In addition, HGV is the parent company of 3 different TS, namely Hilton Grand Vacation Club (HGVC), Hilton Club (HC) and Hilton Vacations Club (HVC). They each have their own rescind process (different address). HVC is trust points where HGVC and HC are deeded property. I know that sales is pushing trust points, HVC.
Hi! The charge moved from pending to posted on the AMEX credit card that they had me open (this was the only paperwork I signed. It was for the credit check/credit card account alongside a payment overview of what the fees would be for the TS. The actual contract with the notary though was not signed. The notary explained that we could back out and he did email for it to be canceled and voided/notarized the paper receipt for the credit card charge).

I believe my contract would have been for trust points, as the plan being discussed was about getting a specific amount of points per year. However, the notary's email signature in the copy I have of his cancellation email says HGVC. Does this mean I need to find the HVC address? Would I just send it to their corporate address?

if you didn't sign a contact, it seems there is nothing to rescind.
I've read in other threads that even though I didn't sign, it could still be helpful to send a letter with the contract # (which I do have), explaining the circumstances. So I'm just trying to find what address to send that to cover my bases. I plan to call the notary and dispute the charge, but I am nervous that it won't drop off.

The
Curious - Why are you using a Notary to handle this?








.
I was given their business card after they emailed their internal team that my contract was to be canceled/refunded and was told to call if I had any problems. I figured I could call them to get into contact with whoever needs to cancel it to confirm it was canceled as I called AMEX and they had advised me to contact Hilton before disputing the charge, so that's why I was going to contact them.

Was your notary an HGV employee? Your notary did a lot of things that I had no authority to do when I was a notary.
Yes, they were an HGV employee.

I'd be very careful going this route. My question is: "Who does the Notary represent -- the buyer or Hilton"?

I am not sure the Notary represents your best interest. Ask yourself as to who is paying for the Notary?

With that said, I would pursue your cancellation directly with Hilton.

Best of luck!









.
Should I just call Hilton's customer service number then?

Was your notary an HGV employee? Your notary did a lot of things that I had no authority to do when I was a notary.
The notary was the HGV employee who was going to walk me through signing the contract. We asked them to call AMEX to get the charged dropped and they then sent a cancellation email for our contract to their internal team to handle. They then signed the CC receipt and voided it and stamped it with their notary stamp.

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No - the contract was on an iPad (no physical copy); I have the contract number from the printed email the employee sent out to the cancelations department.

Who is "they?" Was the CC receipt the original that charged your CC account or the one that credited back to your CC account? I'm not sure that a notary signature and stamp on a CC receipt has any effect at all. Any chance the notary was in cahoots with the sales team? What state were you in when all this happened? Rules for notaries are state-specific.
They are the HGV employee who is also a notary, who was going to be the representative who walked me through signing the contract. I told them I didn't want to go through with it, so they said that was OK, that I was not legally bound to anything yet, and that I didn't have to sign the contract. This employee said the AMEX charge would drop off in 72 hours. They then called someone on another team to get that canceled and sent an email requesting a cancellation (I have a printed copy of this email). The credit card receipt is a paper I was supposed to sign to confirm the charge with the employee/notary before going through the contract (it has the amount billed, account number, etc), but when I said I didn't want to go through with it, they took the paper, wrote void on it, signed it over their printed name on the receipt and then stamped it with their notary stamp. I assumed this could be used as proof that the charge could be canceled to AMEX if I needed?

This happened in South Carolina.

If you didn't sign the contract what is your concern? There is nothing to worry about.
The charge has not dropped off my credit card statement as I was told. I am trying to contact Hilton to get it dropped (as advised by AMEX) but am getting the runaround.
 

chapjim

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Was your notary an HGV employee? Your notary did a lot of things that I had no authority to do when I was a notary.
 

dioxide45

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Are you sure it is a posted transaction? If you just signed on the weekend, it sounds like it is just a pending charge on your credit card. That can take up to 14 days, sometimes more, but usually less to actually fall off.
 

chapjim

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The notary was the HGV employee who was going to walk me through signing the contract. We asked them to call AMEX to get the charged dropped and they then sent a cancellation email for our contract to their internal team to handle. They then signed the CC receipt and voided it and stamped it with their notary stamp.

Who is "they?" Was the CC receipt the original that charged your CC account or the one that credited back to your CC account? I'm not sure that a notary signature and stamp on a CC receipt has any effect at all. Any chance the notary was in cahoots with the sales team? What state were you in when all this happened? Rules for notaries are state-specific.
 

TolmiePeak

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They are the HGV employee who is also a notary, who was going to be the representative who walked me through signing the contract. I told them I didn't want to go through with it, so they said that was OK, that I was not legally bound to anything yet, and that I didn't have to sign the contract. This employee said the AMEX charge would drop off in 72 hours. They then called someone on another team to get that canceled and sent an email requesting a cancellation (I have a printed copy of this email). The credit card receipt is a paper I was supposed to sign to confirm the charge with the employee/notary before going through the contract (it has the amount billed, account number, etc), but when I said I didn't want to go through with it, they took the paper, wrote void on it, signed it over their printed name on the receipt and then stamped it with their notary stamp. I assumed this could be used as proof that the charge could be canceled to AMEX if I needed?

This happened in South Carolina.
If you didn't sign the contract what is your concern? There is nothing to worry about.
 

dioxide45

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I think you need to give it time. It has only been two business days since that charge was first put on the card. These things can take longer to fall off than just two business days. I have no idea why they would say 72 hours, that is not the norm.
 

vacationtime1

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What happened with the notary was fishy enough that you should paper your file with a rescission letter -- sent by a method showing when it was sent. I don't think you have a contract based on what you wrote, but for a few dollars (of post office fees) you can rest assured. Why not?

Everyone who was present should sign the rescission letter (the standard advice is that everyone who signs the contract must sign the letter).

Hopefully, someone here knows and posts the correct address for an HVC rescission.
 

TolmiePeak

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What happened with the notary was fishy enough that you should paper your file with a rescission letter -- sent by a method showing when it was sent. I don't think you have a contract based on what you wrote, but for a few dollars (of post office fees) you can rest assured. Why not?

Everyone who was present should sign the rescission letter (the standard advice is that everyone who signs the contract must sign the letter).

Hopefully, someone here knows and posts the correct address for an HVC rescission.
It doesn't matter how fishy the notary was. They either signed the contract or they didn't. This isn't a he said / she said situation here.
 

davidvel

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It doesn't matter how fishy the notary was. They either signed the contract or they didn't. This isn't a he said / she said situation here.
The problem is they give you all this different information claiming it is "only" this or that. They may even have them sign electronically, as OP notes "the contract was on an iPad (no physical copy)." It could easily be a bait and switch where notary obviously hired by TS says "signed a credit card authorization form and a form summarizing the payments but ultimately did not sign the actual HGV timeshare contract," after the buyer gets cold feet. In reality they may have unknowingly electronically signed the contract.

I would not be so sure "nothing was signed" and don't agree it is as black and white as yu make it out to be. OP should send a rescission letter to every email contact they have and find a corporate address to send physical one.

Hopefully you are right and nothing was signed. But the clock is ticking.
 
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TolmiePeak

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The problem is they give you all this different information claiming it is "only" this or that. They may even have them sign electronically, as OP notes "the contract was on an iPad (no physical copy)." It could easily be a bait and switch where notary obviously hired by TS says "signed a credit card authorization form and a form summarizing the payments but ultimately did not sign the actual HGV timeshare contract," after the buyer gets cold feet. In reality they may have unknowingly electronically signed the contract.

I would be so sure "nothing was singed" and don't agree it is as black and white as yu make it out to be. OP should send a rescission letter to every email contact they have and find a corporate address to send physical one.

Hopefully you are right and nothing was signed. But the clock is ticking.
You are probably correct. Wouldn't hurt if they pulled this crap on someone who had resources to go after them in a class action lawsuit if that is really what they are doing.
 
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