Cancelled just outside of the 5day cooling off HELP!

[Highway Robber Junior Member Find all posts View Profile Close Highway Robber]

I’ll try and keep this short - My wife and I were on honeymoon in Las Vegas and bought a timeshare on from Marriott Hotels and Resorts. The day after we then travelled back to the UK. We decided to cancel and after trawling through all of the contracts, found the process for cancelling i.e. recorded delivery to the resort owner. So we wrote the letter and both signed it within the 5 day period. Now that day was a Saturday and I know I’m in error here, but due to my work commitments I never sent the letter by recorded delivery until four days after the cooling off period. So that’s the date of the postmark.

Now I’ve had a phone call from the Marriott saying because the letter was postmarked 4 days outside the 5 day cooling off period so we can’t cancel. I explained to him that the 5th day was a Saturday in the UK and that I could never had sent it on the 5th day – but to no avail.

However, they have offered to amend the contract to every other year, for just over half the original price. But they certainly won’t cancel it.

I said I’d seek advice and that he’d phone me back this week. So if you can offer some advice I’d be grateful.

Ideally, I don’t want the contract – it’ll be a long while before we go back to Vegas. I’d like my money back.

Hope someone can provide some really good advice for us.

Also, what would be the likely outcome of a US company chasing me for the outstanding money - even though I haven't closed the deal - only paid the deposit?

Thanks for looking!

[taffy19 Gold Contributor Find all posts View Profile Close taffy19]

I believe that the date stamped envelope is what counts when you rescind your contract and not the date you signed the rescission notice. This is why it is recommended here in the USA to go to the post office and send a certified letter with return receipt so you have proof that the resort has received it. Your postal services may use a different procedure from here. The resort will most likely look at the date stamp of your envelope.

I don't know what else you can do but someone here may have a better suggestion. Have you thought about exchanging your resort for one closer (Spain) to you so you can use it more often? I believe that they exchange very well with resorts in the US.

You may also address your question at a different forum here. They have some very knowledgeable people.

I hope it will work out for you and keep us posted.

[Spence Super Moderator Find all posts View Profile Close Spence]

Wow, what a lesson to learn on your honeymoon. I'd say 4 days is more than just outside the recission period, it didn't matter when you thought about it or signed it, you had 5 days or 5 work days or whatever the law in Nevada requires to cancel and you didn't do it. Marriott doesn't want to lose your money and they will persue, that is a kind offer to let you back off to EOY. You would be able to trade your Marriott in Interval International to resorts all over the world with precedence to Marriott resorts including those closer to you in France, Costa del Sol and Balearic Islands, Spain. You also have the option of sometimes converting your years use to Marriott Reward Points for hotel stays and air miles. You've bought a quality product albeit at a grand price, enjoy it and use it, you'll have many fine vacations.

[GrayFal Silver Contributor and supermoderator Find all posts View Profile Close GrayFal]

to TS4Ms......

Sorry you missed the rescind period.....

But they did offer to go EOY which cuts your costs almost in half...
You have purchased an excellent product that will give you excellent trades and vacations - having the Marriott preference is great!

When I purchased at Aruba Surf Club, I bought Gold but decided a few days later to upgrade to Platinum - and they allowed me to do it.

Another possible solution - as if you can 'switch' your purchase to a European resort EOY - closer to home and also has excellent tradeability.

You CAN make this work for you and your new spouse...it will MAKE you take at least one wonderful holiday a year (using lock-off feature) so ENJOY!

[Bill4728 Super Moderator Find all posts View Profile Close Bill4728]

You may not be out of luck

You may not be out of luck

I found the following on the TS consumer web site in the UK.

link to timeshare.org.uk ( see section #4)

Basically it says if you paid for a TS with a UK Visa or Mastercard, the Credit card companies require that the cooling off period be 10 days, even if the contract says a lessor period. So since you canceled at 9 days, you may be able to rescind after all.


Good Luck

[Highway Robber Junior Member Find all posts View Profile Close Highway Robber]

Thank you for the info Bill.

Unfortuntely, I paid wth a Visa debit card. But if you've got any further advice...

[Keitht Super Moderator Find all posts View Profile Close Keitht]

Thank you for the info Bill.

Unfortuntely, I paid wth a Visa debit card. But if you've got any further advice...

Some of the t&c's of VISA credit cards are also relevant to VISA debit cards. I don't know if it applies to all or not. Check with your card provider.

[Beaglemom3 Senior Member Find all posts View Profile Close Beaglemom3]

Where else can you get such great info and problem-solving capabilities ?

No where else, but here !

[mshatty Super Moderator Find all posts View Profile Close mshatty]

You may not be out of luck

I found the following on the TS consumer web site in the UK.

link to timeshare.org.uk ( see section #4)

Basically it says if you paid for a TS with a UK Visa or Mastercard, the Credit card companies require that the cooling off period be 10 days, even if the contract says a lessor period. So since you canceled at 9 days, you may be able to rescind after all.


Good Luck

Who da thunk this was available to UK residents? Just goes to show you should find out what the law is before you give up, but just do it in a hurry!

[Jya-Ning Silver Contributor Find all posts View Profile Close Jya-Ning]

Based on that link, the cooling period only good if they purchased from European Economic Area, so US is not included. And based on that, the cooling period they will have is depended on the local law provide by US. I will assume a company like Mariott will follow the local law, and 5 day will be the loacl requirement.

You may want to read that link very carefully, especially the other links by that (e.g. this one)

So, if Marriott really want to see you in court, I will assume you will loss. In that case, the alternative looks pretty good. Also, I have an impression that the resell price of that company if you hold longer will be clsoe to your purchase price.

Jya-Ning

[4ARedOctober Super Moderator Find all posts View Profile Close 4ARedOctober]

Marriott also has a resale department so perhaps you can look into getting something there in Europe that will be cheaper than what you bought and the EOY offer....that is if you cannot get out of it.

[Highway Robber Junior Member Find all posts View Profile Close Highway Robber]

Thank you all for your advise.
I was hoping there would be some "pearl of wisdom" that I could use to help me with this scenario.

In my reply to them last week I stuck to my guns about signing the cancellation notice within 5 days, but they don't want to know because the postmark on the letter shows 9 days. They've said they want my acceptance of the contract by Wednesday August 23rd or failure to do so will forfeit my deposit with the company also reserving the right
to hold me for specific performance of the legal and binding contract
that I had entered.

So now I'm down to my last 48 hours.

Any further advise folks?

[taffy19 Gold Contributor Find all posts View Profile Close taffy19]

I already replied to your post over yonder and some other people did too today.

Good luck with your decision.

[Guest Close Quarterbore]

So that others may learn from your experience... can yu share the whole story?

I assume they got you in "the room" and they played with your emotions and shared how you were looking at the investment of a lifetime... I am also sure they showed you the charts and showed how affordable it was... Will you share how much it cost so we can do a comparison to the same unit on the resale market?

I hate to say it but I really doubt there is a whole lot you can do... You may need to go back to the emotions you had at the time and realize that you made a long term investment and you should look at how you can get as much out of it as you can. If you buy a couple more weeks off the resale market you can help adsorb some of the pain by averaging your costs...

Many people have found themselves in your position. My father did this about 20-years ago but he still uses his week all these years later along with a few other weeks he has purchased along the way.

I wish you luck, but please do share the whole story and perhaps do so as a new thread in this forum or perhaps in:

http://www.timeshareforums.com/forum...splay.php?f=32

I wish I had better advise but those contracts are really tight from the ones I have read and I read them with no plans on buying retail just to see how the language was written.

[Jya-Ning Silver Contributor Find all posts View Profile Close Jya-Ning]

I guess you are looking at two choices at this moment, if you care about your deposit.
1. call their bluff, ignore them. It is up to them to do whatever they legally can do and no negotiation. You may very likely loss your deposit. You will plan to fight with them.
2. take the bullet. Either take the contract or negotiate with them to get a EOY or a place where you can enjoy most of the time. You will have to pay the MF and the remaining balance.

Based on what happen, you can read the contract in your way fly home, and you did not. You can cancel it in 5 day period, and you did not. And you seem to have some decent job. I also believe they have done very good check on your financial, you have more to loss if you select to fight againt them, and you certainly can suvive the financial burden since it is not as important to check the document.

I am pretty sure you don't have time to fight against them.

Take the bullete, try to work out a better deal. I have not check their resell price, but from what I heared if you use it enough, you can resell it at a level you pay today.

Jya-Ning