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Cancelling Wyndham Contract / Revocation Letter

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  • Cancelling Wyndham Contract / Revocation Letter

    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

  • #2
    Here's some tips if you do go into a meeting. First off, JUST SAY NO...

    If they claim there is issues with a current contract, do not have the sales person simply write the info on a piece of paper. Ask to see either a computer screen or a print out of the contract page with that statement. They will more then likely state they can't, it's for Wyndham only, and they are trying to do you a favor. Unless they can provide something in writing, don't accept anything he says as truthful. For the fun of it state, "then please spell this out, and date and sign it for me with your Wyndham title". He won't. Any numbers they provide on paper, ask for a copy of it. They won't give it to you. You know, just for the fun of it, I might start going to these meetings, chew up a couple hours of there time, have them prepare the contracts, go through everything, and then say "Nope, no thanks..." At least I'd feel like I'm wasting their time for a change instead of mine... But sorry, my time is worth way to much for me to ever waste on a customer service meeting, sales meeting, etc... Oh, and this is laughable... I was told by a customer service rep in Nashville that we were "obligated" to meet with the customer service rep as a Wyndham Member, and he was going to do us a favor by coding our account so that we would be exempt from meetings for our next few trips! We got to Las Vegas, were asked for a meeting, we stated we were exempt, and they looked at us like "what??" We explained what we were told, and they were like "oh, really... and who told you this?"

    Comment


    • #3
      There is no limit to what these sales weasels will do.

      I am not sure about local law there, but in North Carolina, he could also have been prosecuted criminally for the felony of False Pretenses.

      It might be useful to take a pocket recorder into any sales presentation.

      Comment


      • #4
        Help with Cancelling

        Thanks so much for posting your letter for us to use as a template. Can you tell me where exactly it states on the contract what the state statutes are for cancellation please. I see where it says we have 10 days to cancel, but there is no cancellation letter or right of rescission letter like a typical mortgage transaction. We bought the timeshare at Bonnet Creek in Disney World but we live in Arizona so do we go by the Florida statutes at the Arizona statutes? Any help would be greatly appreciated. Thanks so much for your help!!

        Comment


        • #5
          Originally posted by msc1872 View Post
          Thanks so much for posting your letter for us to use as a template. Can you tell me where exactly it states on the contract what the state statutes are for cancellation please. I see where it says we have 10 days to cancel, but there is no cancellation letter or right of rescission letter like a typical mortgage transaction. We bought the timeshare at Bonnet Creek in Disney World but we live in Arizona so do we go by the Florida statutes at the Arizona statutes? Any help would be greatly appreciated. Thanks so much for your help!!
          FL, it is based on the state the TS belongs. And it should be in the contract, you may need to read the contract several times to find it.

          Any letter will do, just say you want to cancel the contract. In the contract, it will have to say the address (if not, send a copy to the FL nd your local Real estate Attroney General). But you should follow the method, send by US mail (not sure, but I believe the contract will ask for certified mail).

          jya-ning
          Jya-Ning

          Comment


          • #6
            My contract did have the Tenn statute on it, so I looked it up, and added the statement to reinforce my letter. That being said, I believe just the fact that you are sending a letter stating you want to cancel your contract should be sufficient, but make sure to get it posted prior to the 10th day, and make sure you do that based on calendar days, not work days...

            I threw in the statute primarily because the sales manager from Wyndham called me and started to throw around that though we were cancelling the contract we bought, they could still charge us service fees and taxes on the contract we traded in. He stated it could be around 78... I was like 78 dollars? And he stated "No, $7800...". That's when I started to calmly explain to him what a revocation letter was, and even asked him, "do you not understand what a revocation period is?" I think at that point he figured his lies were not going to sway me. He then politely said he would check and get back to me. BTW: He still has not called me back!

            Good luck!!!

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