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Requesting advice on how to proceed

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  • Requesting advice on how to proceed

    Requesting advice on how to proceed

    My husband and I purchased a vacation plan from Vacation Village Voyages in Daytona Beach Florida on December 30th 2007. The first time booking a vacation was August 2008 at Williamsburg Plantation. We expected the beautiful new 2 unit lockout that was shown to us at the presentation only to be booked into an older 2 bedroom 1 unit. We spoke with the front desk at the resort and called Vacation Village Voyages after viewing our room and were told it all depended on availability.
    We did not know what to make of this and thought this has to be some kind of mistake. We were asked to fill out a survey on the resort and view a new model unit and as a thank you gift, a free breakfast and a $75 credit card. We did not care about the gift or the free breakfast but more interested in speaking with a representative of Vacation Village Resorts (the same company) since speaking to someone on the telephone was not helpful.
    August 19th we met the salesperson, around 9:00 a.m. He gave us directions to the restaurant and said he would meet us there. It was quite evident during our brief conversation that this was more than breakfast and answering a survey. We told him we already had a vacation plan purchased from Vacation Village Voyages and described the type of package we had. Based on his questions we explained we were not owners and did not own any deeded weeks and that in fact we had two weeks that could be booked for the same price in 45 days or less for $299. We articulated that we are not interested in another plan, and how unhappy we are with this one. He was not familiar with this type of vacation plan and said he would let us finish our meal and go on the computer to check out what plan we had and meet us back at the resort office. During the course of the next few hours we were led to believe this was an upgrade to our package and we could apply all moneys toward this new one.

    We signed an agreement at the Williamsburg Plantation Resort to purchase The Colonies at Williamsburg Time-Share located at 5380 Olde Towne Road, Williamsburg, Virginia, 23188 (the project) by and between Williamsburg Plantation, Inc. a Virginia corporation, from you:
    • 01 deeded Week Biannual, Number 43, RED week, Unit Type 4 Bedroom, Year of Initial Occupancy 10\24\2009.
    • 1 bonus week each year from Interval International

    We discovered many flaws over the next few days with this company speaking with them daily and calling VVV only to find out we did not have an upgrade but two separate vacation packages and could not sell the one we bought in December. I desperately searched the internet and found your website. We sent a registered letter on September 10th asking to cancel our contract and refund our deposit. Today is October 28 and the post office is performing an investigation because we have not received confirmation/receipt our letters were received. We have a good relationship with our credit card company and our deposit was refunded.

    Here is my question….should we not receive a copy of all the documents we signed marked cancelled? What do we do now?
    I don’t think we have an recourse with the first purchase? It does not offer any package of value. I am requisition advice on how to proceed.
    Thanks
    Dolphin

  • #2
    Firstly...did you send the letter certified, return receipt? If it was just certified, you may not get a return receipt.

    When you say you have a good relationship with your credit card company, the deposit was refunded. What does that mean? Did the credit card company put in a dispute to Vacation Villages or did Vacation Villages actually credit your account?

    Did you follow the rescission to the letter as stated in the contract? If not, that may be a problem.

    Lastly, I have rescinded a few times and have never received my signed documents back, but that could be because I haven't sent them to begin with.

    Comment


    • #3
      The letter was sent registered, with a return receipt on September 10th. I called the Canadian Postal Service after one week because we had not received any kind of tracking information. They would not perform and investigation until after October 10th. I sent another detailed email requesting an investigation and have been assured the matter is being dealt with. This could take up to 90 days we were told.

      We put in a dispute with our credit card company prior to sending the letter. Vacation Village Williamsburg did refund our deposit to our account. We followed the rescission to the letter.

      Our credit card company suggested cancelling our card and opening a new one to protect us.

      Yesterday my husband received a call from Vacation Village Voyages asking if we sent them a letter. The postal service had contacted them. His response was yes we sent a registered letter.

      I was expecting all the documents that we signed returned to us marked cancelled Is this not what I should expect? These documents are legal and binding. This company has my home and work email addresses, home address, work and home telephone number.

      We are confident that the contract is cancelled based on the deposit was returned.

      We are awaiting a response from the postal service to our registered letter.

      Comment


      • #4
        Welcome to TS4Ms

        Most TS purchases have a 5-7 day rescind or cancellation period.

        You signed your purchase agreement in Williamsburg on August 19th and didn't write a cancellation request until September 10th - this is not good for you.

        I assume you have your original contract you signed on August 19th - what does it say about "upgrading" your current package (I suspect there is NO mention of this) and canceling the contract you signed?

        I hear what you are saying about the post office but your problem is not the post office - it is trying to cancel the contract after the legal "cooling off" period.

        It is your word against the salespersons in regards to whether there was an upgrade agreement - all that counts is what is in writing.

        edit - I somehow missed that there were already replies - and if you say you did follow the rescind instructions correctly - there should be no problem.

        And if you haven't heard anything further about the money you owe them - this is GOOD news!
        Call them to confirm the August 19th contract ha been cancelled.
        Pat
        *** My Website ***

        Comment


        • #5
          I merged your two threads. Everyone can find your thread in one place.

          Here is where you posted most of your story before:

          http://www.timeshareforums.com/forum...e-voyages.html

          I really don't have advise I can offer myself however...

          Comment


          • #6
            You should make a copy of what you sent, but you will not receive anything from them except the deposit.

            The 1st one is too long ago, you have very little chance to cancel it. Not and owner and not sure what kind of plan you actual got, but you should still be able to use it to get various vacation lodge. You may want to read different reviews before you take a vacation lodge from them. And never buy from developer, or from anyone that pay you some gift.

            Jya-Ning
            Jya-Ning

            Comment


            • #7
              Originally posted by Quarterbore View Post
              I merged your two threads. Everyone can find your thread in one place.

              Here is where you posted most of your story before:

              http://www.timeshareforums.com/forum...e-voyages.html

              I really don't have advise I can offer myself however...
              LOL - I KNEW there was NO replies.....I thought I was losing it Ken - YIKES!
              Pat
              *** My Website ***

              Comment


              • #8
                Thank you everyone for your comments and suggestions. We greatly appreciate all of them.

                It was the Vacation Village Resorts Williamsburg sales team who alleged the upgrade and the capability of selling the Vacation Village Voyages package of December 2007 either back to the company or on our own. All monies from the first contract would be applied to the second one. This was verbal and not written anyplace in the contract. We found out this is not accurate when speaking with VVV representatives.

                We can transfer the first package to a family member at any time for $200.00 or not pay the yearly fee and walk away ….we would loose $7000 that was paid in full. The manager of VV Williamsburg was prepared to cancel the first one but not apply any money to the second one. It was at this point we said to cancel.

                We were well within rescission period and prepared to send a written registered letter but we were assured there was sufficient documentations from both companies. We were waiting for the Williamsburg to send a cancellation letter to us. We already had it verbally prior to August 26, 2008. We did send the letter on September 10th dated August 26.

                Our MasterCard was credited and have not heard anything further about any money we owe them, we have our original contract and copy of rescind registered letter.

                The first communication came in an email two days ago:

                I am in receipt of the letter you mailed to the resort. I have included as an attachment the cancellation letter that was mailed to you on Sept 9, 2008. Please accept my most sincere apologies if the letter has not made it to you. The last thing I wanted was to cause you any additional inconvenience. Please rest assured the contract is fully cancelled and a refund in the amount of $ has been made to your MasterCard.

                Again I apologize for any inconvenience I may have caused.

                The attachment cancellation letter

                This letter is to inform you that we have received your letter of cancellation. We are sorry that you are unable to keep your week here at Williamsburg Plantation. We hope you will keep us in mind if you decide to purchase another vacation package.

                At the time of your purchase you received an information package. These items were given to you as a gift from your sales representative. We are sure that you do not want your representative to be unnecessarily charged for these items. Please return them at your earliest convenience to prevent the cost to your sales person. If you have already mailed them, please disregard this notice.

                Enclosed is a copy of your refund. The amount of $ was credited to your Mastercard on 9/10/2008. If your down payment was made by check or gift card you will receive your refund under separate cover.

                Comment


                • #9
                  Dolphin,

                  Congrats that you were able to rescind the TS in Williamsburg. I'm a little suprised that you were able to do so since it seems that you were several weeks late in filing your rescission.

                  Glad it worked out for you.
                  Bill

                  Comment


                  • #10
                    Originally posted by Bill4728
                    Dolphin,

                    Congrats that you were able to rescind the TS in Williamsburg. I'm a little suprised that you were able to do so since it seems that you were several weeks late in filing your rescission.

                    Glad it worked out for you.
                    Thank you,
                    They could not stand behind the blatant inaccuracies. It may not have worked for us had we not already been a member.

                    Comment


                    • #11
                      A correction / clarification

                      Originally posted by GrayFal

                      Most TS purchases have a 5-7 day rescind or cancellation period.
                      Not so. More accurately stated, the rescission time period is specifically (and only) determined by individual state law. Resorts / companies have no say in the matter whatsoever and are simply subject to applicable individual state law.

                      For some states, the rescission (cancellation) period can be as few as 3 days (e.g., Ohio, Indiana). The rescission period can also be as long as 15 days (e.g., Alaska). In Florida, it's 10 calendar days.

                      In short, there is simply no "most" and no "average" when it comes to rescission time periods.
                      The time frames vary considerably from one state to another and only one state matters in any particular situation. Additionally, the distinction between "calendar days" and "business days", clearly specified in each state's law, can be critically important when deadlines are involved.

                      I'm not nitpicking; this is a matter in which such "generalities" can be both dangerous and wrong.

                      Comment

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