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After being a Wyndham owner for 7 years, and owning two secondary market TS, I got pulled in at a meeting, and traded out one of my properties for another. Must have been I was to relaxed after a great vacation! So upon arriving home (thank God we met on our last day!), I started reading the contract, checking the numbers, etc... Here's the short answer: We cancelled the contract immediately by certified letter to their contracts office in Las Vegas.
Now for the long answer: What started out as a promised "I won't take more then 15 minutes of your time", became "oh, we have some major concerns with your current contract..." The sales manager came in, and claimed there was a NO TRADE and a DO NOT RESTRUCTURE statement on our account. He asked if we had recieved any notice, and of course we had not. He stated it might be because of some deficiancy on our property in New Orleans, and warned that we really needed to bail on that property. He had heard there had been some issues with some properties effected by Katrina, you know mold issues, etc... He normally wouldn't do this, but he needed to find us another property to get us switched out of that property. And guess what property he brought us... Nashville. More on that later...
Very few of the numbers that were written on paper, nor statements made were reflected in the contract. We were told that our $5600 in equity would be traded based on current valuation from Wyndham per K (we paid $135/K in 2004, now it's $220/K). Also, told that our downpayment amount was 0% interest. In fact, they only gave us the $5600 towards trade-in (tried to say the discount reflected the difference...), and the 0% was til the first of the year. After that, 19.99%!!! But that does not show anywheres in the documents. It was on the statement from the CC company. AND, the MF on our old property was $4.19/K, and the new $4.99/K... Seems that Nashville is actually the property with issues!!! Got flooded 2 years ago, and that is why the MF is higher.
One other thing was that the following Monday, a Wyndham rep called to try and sell me one of their vacation getaways. He mentioned New Orleans, Las Vegas, etc.. as possible getaways. He mentioned he was looking at my Contract. I asked him about the No Trade, etc..., and he said that was BS, There was nothing on our contract showing that. I asked if he had heard of any issues with New Orleans (since he had mentioned it in his presentation). He stated that there were no issues, I mentioned Katrina... He was like "Katrina was a bunch of years ago... I have not heard of any issues on the property, and I was in sales before I came over to this department. He stated "Sir, that salesman was lying to you, no doubt."
I did another stupid thing in notifying the customer service agent I met with. He of course had the sales manager call me, who was "very understanding" but started stating they may hold me liable for the transfer fees, any taxes paid to do the transfer, etc... Even threw out, "it could be oh... $78 and change.." I'm like $78.00? "No, $7800..." I asked him did he not understand the right of cancellation and what a letter of revocation was. I stated I was actually on my way out the door in an hour to have my contract reviewed and the letter processed for the cancellation. He stated he would get back to me on the amount. That was 11 days ago! BTW: I bit my tongue not wanting to state (Dude you are a lying POS...).
All of our letters (I sent 4, 1 to the Contracts, 1 to Finance, 1 to Owner's relations, and 1 to the sales office) have been recieved via certified mail as of last Friday and Monday. Within a few days, the original TS was reinstated to our account, and as of this morning the TS we traded for was removed. Now I am watching the CC that was used to make sure it is credited prior to the payment due date.
Here is the letter I used (edit it accordingly for your situation).
Hushand and Wife Timeshare Buyer
Street Address
City, State, Zip code
Phone Number
Revocation Letter: “Legal” name of timeshare company
Contract Number: XXXXXXXXXXXX
Dated: MO-DA-YEAR
I hereby rescind my contract or agreement for sale of MO/DA/YR with TIMESHARE Vacation Resorts to purchase timeshare Contract Number XXXXXXXXXX - in the X00000 Points, Deeded at “Name of resort and city and state location of” We are exercising our legal right to cancel this contract. We expect a full refund of our deposit of $XXXX.XX, in the credit card sale of Down Payment, Order ID XXXXXXXX, Contract Number XXXXXXXXX, Mastercard ending in XXXX MO/DA/YR. We also expect full refund of our deposit of $XXXX.XX in the "SPECIAL" program, Down Payment order ID XXXXXXXX, Contract Number XXXXXXXXXX, Payment account number ending XXXX. Do not make any charges to my credit card.
A Notarized copy of this Revocation Letter has been sent to the following address pursuant to Revocation requirements and according to Tennessee Statutes which states:
Purchase Cancellation
“Post below the exact text on the contract as to cancellation period. Below is for Tennessee”
“You may cancel a contract to purchase a time-share interval within Ten (10) Days from the date of Contract, Where you have made an 0n-site inspection of the Time-Share Project before signing the contract, AND, if you have not made such an inspection, within fifteen (15) days from the date of the contract. If you elect to cancel, you may do so by hand delivering notice ot the seller at 12345 West Anywhere Blvd., Suite 666, Las Vegas, Nevada 89135-XXXX within the designated period, or by mailing notice to the seller (or his agent for service of process) by prepaid United States Mail, Attention: Account Controls and Administration at PO Box XXXXXX, Las Vegas, Neveda XXXXX, Postmarked anytime within the designated period".
Per instructions from John Smith, “Title”/”Resort Name”, we are also sending the original document package and the owner starter kit in tote bag with the Revocation Letter.
CC of letter will be sent certified mail to the following:
Owner Relations (Below is for Wyndham…)
Wyndham Vacation Resorts
8427 SouthPark Circle, Suite 500
Orlando, FL 32819
Wyndham Vacation Resorts - Financial Services
P.O. Box 98940
Las Vegas, NV 89193-8940
Sales Office: c/o John Smith
Wyndham Vacation Resorts Anywhere
Street
City, State, Zip
(In case you traded property)
We also require that Contract XXXXXXXXXXX for member Mary Smith, PO Member Number XXXXXXXXX for “Original Resort Name and Location” be reinstated and that the transfer agreement is null and void as of this date.
“Post state rights notice here”
Please note we maintain our rights under Tennessee Code Annotated 52-13-312, that we may file a complaint with the Tennessee Real Estate Commission located at 500 James Robertson Pkwy, Nashville, TN 37243-1151 if our specific instructions above are not completed in a timely manner.
Thank you for your cooperation and assistance with this matter.
Regards,
____________________________________
Bob Smith
____________________________________
Mary Smith
____________________________________
Witness
____________________________________
Date: Month, Day, Year
Now for the long answer: What started out as a promised "I won't take more then 15 minutes of your time", became "oh, we have some major concerns with your current contract..." The sales manager came in, and claimed there was a NO TRADE and a DO NOT RESTRUCTURE statement on our account. He asked if we had recieved any notice, and of course we had not. He stated it might be because of some deficiancy on our property in New Orleans, and warned that we really needed to bail on that property. He had heard there had been some issues with some properties effected by Katrina, you know mold issues, etc... He normally wouldn't do this, but he needed to find us another property to get us switched out of that property. And guess what property he brought us... Nashville. More on that later...
Very few of the numbers that were written on paper, nor statements made were reflected in the contract. We were told that our $5600 in equity would be traded based on current valuation from Wyndham per K (we paid $135/K in 2004, now it's $220/K). Also, told that our downpayment amount was 0% interest. In fact, they only gave us the $5600 towards trade-in (tried to say the discount reflected the difference...), and the 0% was til the first of the year. After that, 19.99%!!! But that does not show anywheres in the documents. It was on the statement from the CC company. AND, the MF on our old property was $4.19/K, and the new $4.99/K... Seems that Nashville is actually the property with issues!!! Got flooded 2 years ago, and that is why the MF is higher.
One other thing was that the following Monday, a Wyndham rep called to try and sell me one of their vacation getaways. He mentioned New Orleans, Las Vegas, etc.. as possible getaways. He mentioned he was looking at my Contract. I asked him about the No Trade, etc..., and he said that was BS, There was nothing on our contract showing that. I asked if he had heard of any issues with New Orleans (since he had mentioned it in his presentation). He stated that there were no issues, I mentioned Katrina... He was like "Katrina was a bunch of years ago... I have not heard of any issues on the property, and I was in sales before I came over to this department. He stated "Sir, that salesman was lying to you, no doubt."
I did another stupid thing in notifying the customer service agent I met with. He of course had the sales manager call me, who was "very understanding" but started stating they may hold me liable for the transfer fees, any taxes paid to do the transfer, etc... Even threw out, "it could be oh... $78 and change.." I'm like $78.00? "No, $7800..." I asked him did he not understand the right of cancellation and what a letter of revocation was. I stated I was actually on my way out the door in an hour to have my contract reviewed and the letter processed for the cancellation. He stated he would get back to me on the amount. That was 11 days ago! BTW: I bit my tongue not wanting to state (Dude you are a lying POS...).
All of our letters (I sent 4, 1 to the Contracts, 1 to Finance, 1 to Owner's relations, and 1 to the sales office) have been recieved via certified mail as of last Friday and Monday. Within a few days, the original TS was reinstated to our account, and as of this morning the TS we traded for was removed. Now I am watching the CC that was used to make sure it is credited prior to the payment due date.
Here is the letter I used (edit it accordingly for your situation).
Hushand and Wife Timeshare Buyer
Street Address
City, State, Zip code
Phone Number
Revocation Letter: “Legal” name of timeshare company
Contract Number: XXXXXXXXXXXX
Dated: MO-DA-YEAR
I hereby rescind my contract or agreement for sale of MO/DA/YR with TIMESHARE Vacation Resorts to purchase timeshare Contract Number XXXXXXXXXX - in the X00000 Points, Deeded at “Name of resort and city and state location of” We are exercising our legal right to cancel this contract. We expect a full refund of our deposit of $XXXX.XX, in the credit card sale of Down Payment, Order ID XXXXXXXX, Contract Number XXXXXXXXX, Mastercard ending in XXXX MO/DA/YR. We also expect full refund of our deposit of $XXXX.XX in the "SPECIAL" program, Down Payment order ID XXXXXXXX, Contract Number XXXXXXXXXX, Payment account number ending XXXX. Do not make any charges to my credit card.
A Notarized copy of this Revocation Letter has been sent to the following address pursuant to Revocation requirements and according to Tennessee Statutes which states:
Purchase Cancellation
“Post below the exact text on the contract as to cancellation period. Below is for Tennessee”
“You may cancel a contract to purchase a time-share interval within Ten (10) Days from the date of Contract, Where you have made an 0n-site inspection of the Time-Share Project before signing the contract, AND, if you have not made such an inspection, within fifteen (15) days from the date of the contract. If you elect to cancel, you may do so by hand delivering notice ot the seller at 12345 West Anywhere Blvd., Suite 666, Las Vegas, Nevada 89135-XXXX within the designated period, or by mailing notice to the seller (or his agent for service of process) by prepaid United States Mail, Attention: Account Controls and Administration at PO Box XXXXXX, Las Vegas, Neveda XXXXX, Postmarked anytime within the designated period".
Per instructions from John Smith, “Title”/”Resort Name”, we are also sending the original document package and the owner starter kit in tote bag with the Revocation Letter.
CC of letter will be sent certified mail to the following:
Owner Relations (Below is for Wyndham…)
Wyndham Vacation Resorts
8427 SouthPark Circle, Suite 500
Orlando, FL 32819
Wyndham Vacation Resorts - Financial Services
P.O. Box 98940
Las Vegas, NV 89193-8940
Sales Office: c/o John Smith
Wyndham Vacation Resorts Anywhere
Street
City, State, Zip
(In case you traded property)
We also require that Contract XXXXXXXXXXX for member Mary Smith, PO Member Number XXXXXXXXX for “Original Resort Name and Location” be reinstated and that the transfer agreement is null and void as of this date.
“Post state rights notice here”
Please note we maintain our rights under Tennessee Code Annotated 52-13-312, that we may file a complaint with the Tennessee Real Estate Commission located at 500 James Robertson Pkwy, Nashville, TN 37243-1151 if our specific instructions above are not completed in a timely manner.
Thank you for your cooperation and assistance with this matter.
Regards,
____________________________________
Bob Smith
____________________________________
Mary Smith
____________________________________
Witness
____________________________________
Date: Month, Day, Year
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