Bought TS in Vegas. Stupid!

[mr_clark Junior Member Find all posts View Profile Close mr_clark]

Okay, the wife and I hit Vegas for the very first time. We got into Bally's, checked in, were exhausted and got grabbed by some girl offering us our free gift. Damn. I should've just kept walking.

Anyways, we sat through the presentation and signed on the dotted line. That was on the 18th. Now I've realized that it was a big mistake. We honestly can't afford $27K debt right now on top of monthly fees.

The problem I have is that I'm in Canada. From reading the documentation I signed, it seems that I need to send a registered letter through the US Postal system. Canada Post does have a registered letter program to the USA to confirm delivery, sending date, etc.

My plan is to fax them first thing Monday morning so I'm within my 6 days allowance and send the letter through Canada Post right away.

Will they be able to reject my cancellation letter if it's coming from Canada Post? Any advice will be greatly appreciated. Also if you have a "template" for a cancellation letter it would be greatly appreciated.

I think the final point that made us want to cancel was seeing how cheaply we can buy a Windham package via Ebay. Why the heck do I want to pay $27K when I don't have to?

Thanks for any help that you can offer.

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

Congratulations on your decision to rescind and that you can do it in the proper timeframe.

The mantra here is usually "do EXACTLY what it says in your contract". For example, fax can't be used in place of a letter, but it probably does no harm to fax in addition to sending the registered letter. I don't know how they can require you to use US mail when you're in Canada, so hopefully Canadian registered mail is fine. Others may weigh in on this.

But get it done on Monday and relax. Breathe a sigh of relief that you have dodged at $27k bullet!

Don't feel too bad, many of have been there, done that. My husband and I are suckers for sales presentations, we have rescinded contracts with 4 different companies. (Don't know if that is a record. )

And welcome to timeshare4ms!

[SOS8260456 Moderator Find all posts View Profile Close SOS8260456]

I can't see how they can require a regsitered letter through the US postal system, especially to a Canadian citizen, but its their rules I guess. I guess that also eliminates Fedex or UPS.

Anyway, if I were you, and I knew anyone who lived in the US that I trusted, I would 1. do everything from Canada as best you can by yourself and then as extra insurance, I would 2. get a second letter to my US friend and trust them to also send the second letter registered mail through the US postal system. If enough time, I would send overnite to my friend who could then send it on. If not enough time to send overnite to my friend, I would figure out another way to get a signed letter to my friend that I REALLY REALLY trust.

[Jaquelline Junior Member Find all posts View Profile Close Jaquelline]

It would not matter if you sent it through Canadian Postal mail or US Postal mail. The rules do not say which post you must send it through, it is simply that you have 7 days to rescind the contract in writing to the company. If they try to reject that then you should make a formal complaint with the attorney general's office. They are very strict on this law in the US. Next time it may be better to stay away from free gifts, although they sound very nice

[tonyg Goomba & Super Moderator Find all posts View Profile Close tonyg]

The key is to be able to document the fact that you actually contacted them in the required time.

[Ryne08 Senior Member Find all posts View Profile Close Ryne08]

Can the OP, FedX the document to meet the timeness issue.

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

I would send it Registered Mail from Canada. The US and foreign countries have agreements regarding delivery. I do not believe Certified Mail is an option in Canada. The difference in Registered and Certified Mail is in handling and tracking. Registered Mail is tracked through each transit point, which is why it is more expensive. I would also FedEx the notice and let them know that you have sent the cancellation via Registered Mail. The suggestion to have someone in the US mail another letter for you is a good idea for insurance. Usually state law requires Certified Mail to provide that the notice is effective the date mailed.

As for a template, all you need to say is that you are rescinding the contract and describe the agreement. If they have rescission language in your contract, use that. If both you and your wife signed the contract, you both should sign the rescission letter.

[mr_clark Junior Member Find all posts View Profile Close mr_clark]

From what I understand from Googling is that as long as I have proof I mailed them within the required time then they must honor the cancellation.

I'm still not sure where to send it to though. Is it their corporate office in Florida or their office in Vegas?

My plan tomorrow morning is to:
1) Call their Finance # to tell them about the cancellation and get their fax # and request confirmation of when they receive the fax
2) Fax the letter to them immediately and then call them back to confirm receipt
3) Send letter via Canada Post registered mail

From reading on the Canada Post site I can also get "Advice of Receipt"

"Registered Mail is a service offered to Customers who require proof of mailing. The service provides the sender with a date stamped official registration receipt, as proof of mailing. Customers also have the option to purchase an Advice of Receipt card at time of mailing. The Advice of Receipt card provides proof of delivery to the destination."

Definitely going to request that.

Any other recommendations?

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

There should be a clause in your paperwork telling you where to send the rescission letter. If in doubt, mail it to both addresses. A faxed notice may not be legally sufficient. If you call them to get a phone number, do not let them talk you out of rescinding. They probably won't confirm receipt of a fax. The Advice of Receipt appears to be the equivalent of our Return Receipt. If you are unsure about what you are doing, I would advise seeing a lawyer first thing in the morning.

[mr_clark Junior Member Find all posts View Profile Close mr_clark]

Sorry for posting more questions but I just want to make sure of something.

I found a "REVOCATION FORM" buried in the package from Wyndham. In it, it says "This revocation must be delivered personally or sent by certified mail or telegraph to:"

and then it lists two Vegas addresses. It says I can send it to either one.

"within five (5) days of signing the contract."

We signed the contract on the 18th. Is having proof that the letter was sent by certified (in the USA) or registered (from canada) on Monday, which will be the 5th day, sufficient notification? Or does the letter have to be in their grubby little hands on the 5th day?

Does 'telegraph' mean fax? I'm so confused.

Thanks again.

[scootr5 Senior Member Find all posts View Profile Close scootr5]

Sorry for posting more questions but I just want to make sure of something.

I found a "REVOCATION FORM" buried in the package from Wyndham. In it, it says "This revocation must be delivered personally or sent by certified mail or telegraph to:"

and then it lists two Vegas addresses. It says I can send it to either one.

"within five (5) days of signing the contract."

We signed the contract on the 18th. Is having proof that the letter was sent by certified (in the USA) or registered (from canada) on Monday, which will be the 5th day, sufficient notification? Or does the letter have to be in their grubby little hands on the 5th day?

Does 'telegraph' mean fax? I'm so confused.

Thanks again.

It just has to be sent by today, not in their hands.

[mr_clark Junior Member Find all posts View Profile Close mr_clark]

I spoke to the people at Wyndham this morning and was told that faxing them a cancellation letter is perfectly acceptable. I will be doing that this morning and will still send them a registered letter with the cancellation letter also. Just to be doubly safe.

In case anybody else needs the information for cancelling from Vegas:

Rescission Dept Fax #702-227-3195

10750 West Charleston Blvd
Suite 130
Las Vegas, NV
89135

On another note, the sales guy I dealt with used a gmail email account. He said that his work email account wasn't setup or working (or something). I find that strange for somebody who's been with the company for over 2 years. Has anybody else noticed their sales guys using non company email accounts? Wonder if this is a method of getting around certain regulations, etc such as Sarbanes Oxley? Just something that was nagging at me.

[scootr5 Senior Member Find all posts View Profile Close scootr5]

Wonder if this is a method of getting around certain regulations, etc such as Sarbanes Oxley?

I'd bet that's exactly it.

Also, please mail the letter today as well - don't take Wyndham's word for it.

[mr_clark Junior Member Find all posts View Profile Close mr_clark]

I'd bet that's exactly it.

Also, please mail the letter today as well - don't take Wyndham's word for it.

Going to do that in about 10 mins. Although I already got an email from the sales guy saying that he wished I'd talked to him first as he could've put us in a smaller package, blah blah blah.

Don't think he can beat the price of buying packages on ebay or other sites.

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

Don't think he can beat the price of buying packages on ebay or other sites.

I don't recommend buying a timeshare in Las Vegas. It is very easy to exchange into Las Vegas. We have exchanged into Las Vegas several times through SFX at HGVC/Flamingo. Wyndham Grand Desert, Monarch Cancun, etc. We had no trouble getting free upgrades to 2BR units at all times of the year. There are no restrictions with SFX on how many times you exchange into the same resort.