Timeshare company NOT honoring cancellation policy

My husband purchased a timeshare and the next day regretted it. I pulled up the contract, saw it had a 7 day cancellation policy, drafted a letter and sent it certified. We also called and left voicemails that weekend stating we wanted to cancel and that we sent a letter. The next week someone contacted my husband and told him that they recieved the letter on time and only needed to fax a notice of cancellation rights, which he did and they recieved. After that we recieved a letter congratulating us on our purchase with no mention of the cancellation. Next we got a letter saying we didn't cancel in time. We talked to someone else who said they were going to look into it and meantime payments will be on hold. We are now getting bills and told the hold was lifted.

You said it was sent certified. That usually means you have a receipt as proof of mailing. Do you have that receipt?

Also remember that the developer has up to 45 days to refund your money. I would cancel or put a hold on the credit card with which you made your down payment. You can also file a dispute with your credit card company.

Yes. We sent them a copy of the receipt. They are now saying it still wasn't sent in time which obviously it was.

Rescission (cancellation) rights are provided to consumers by applicable state law --- not by the grace or benevolence of timeshare developers. If you sent your cancellation correspondence in time to the correct address by certified U.S. Mail, then you were provided with a date stamped receipt by USPS. The date on that receipt is ultimately what really matters here, not the date of later delivery or when the developer claims to have received the cancellation correspondence.

Presumably, you retained your original contract, reflecting the precise date of contract execution. File a detailed, formal, written complaint with copies of all relevant documentation to the Attorney General in state of your purchase and and send copies of that same correspondence to the timeshare company --- and then watch how just quickly the weasels change their tune and "get with the program". No timeshare developer in the U.S. would ever dare to overtly flaunt or violate that state law; to do so would be both very costly and disastrous to their business . If your purchase was outside of the U.S. however, then all bets are off. Good luck.

I can recomend you a friend that work with this cases, reach me out Malia

maliaa2 wrote:

My husband purchased a timeshare and the next day regretted it. I pulled up the contract, saw it had a 7 day cancellation policy, drafted a letter and sent it certified. We also called and left voicemails that weekend stating we wanted to cancel and that we sent a letter. The next week someone contacted my husband and told him that they recieved the letter on time and only needed to fax a notice of cancellation rights, which he did and they recieved. After that we recieved a letter congratulating us on our purchase with no mention of the cancellation. Next we got a letter saying we didn't cancel in time. We talked to someone else who said they were going to look into it and meantime payments will be on hold. We are now getting bills and told the hold was lifted.

Is it ok that i sent mine through UPS, also with signature confirmation?

denisg28 wrote:

Is it ok that i sent mine through UPS, also with signature confirmation?

That depends on what the instructions say that were given to you in your owner's package and manual. UPS might work but if the instructions said to send your letter certified mail, then that would have been your best option. Certified mail gives you a receipt as proof of when you mailed your letter. You might need that receipt to prove that you mailed it within the allotted rescission period.

I do hope however for your sake that the letter got there in time and that the timeshare company honors your rescission request.

Sent in 3 day's after signing from 20 minutes down the street. Will definitely be there on time. Now just keeping fingers crossed that no issues from their end.

If you paid by credit card dispute the charge that way you can be assured they won't get your money and you can show the credit card company your paperwork cancelling your contract in time .

What happ. Did you get this resolved?

Which Timeshare Company, which state?

This is happening to us with a purchase at Westin Nanea in Maui. We clearly have all the documentation of the cancellation paperwork being delivered on time…USPS tracking number. We even have a lot of correspondence from some employees that paperwork wasn’t discovered until 2 months later by the cancellation department and they are being very apologetic but nothing is happening. We have not received our deposit back and our credit is showing late. The loan company agreed we shouldn’t be making payments because the contract was supposed to be cancelled, including the loan. It is a complete mess. It is affecting our ability to engage in other real estate transactions.

I have timeshare with Hilton I send cancellation letter ,I talk to them but they don’t want to cancel they say I send the letter too late . But I don’t have money to pay for that ..I don’t know what to do

We purchased a week from Janine Nyvall at Hawaii Marriott Ko Olina. We paid with Pay pal, she chose not to email information through the RedWeek and it was suspicious, but we went for this as it was with PayPal. Next day after we paid I emailed her asking whether she received the payment and when she will send us the receipt and booking information. She responded she will do in in 7-10 days after Paypal releases money to her. I emailed her back explaining that vac is in 3 weeks and we need to book airline tickets and they will be too expensive in 3 weeks. I asked her to cancel my reservation as all reservations I ever bought I rcvd information promptly and this looks suspicious. She responded, it is real, you can buy tickets. I emailed her again asking to cancel, and she said, there is no cancellation for this booking!!! Just grabbed $21000 and went away. Well, we called paypal immediately within next 24hrs after her first response and they put transaction on hold until they resolve the dispute. After that, we did not hear anything from anyone until a month later when we received a chargeback on our card. We called paypal and apparently they resolved it and paid her a we did not have proof of cancellation. What proof do they need? They never asked for anything and we never used the product we requested. She never sent us any information about the booking, and still Paypal paid her. What's going on? Banks are securing scammers more than their customers. I also had 7 days cancellation policy on my payment, I can't find it now on the copy, disappeared. I don't know what to do. This is too much, can anyone help?

Do you know for certain where this person is physically (geographically) located, or was this purely an "online" transaction in which you did not verify name / address / ownership details, with no real idea of the true identity of this person and / or where s/he is geographically located?

If you have an accurate name and address for this person, you can (and you definitely should) promptly contact the Attorney General's office in the state in which she is located and file a formal complaint. Most AG offices have a specific Consumer Protection Division. If there is fraud here in the amount of $21k, this is felony level fraud. You should also contact the FTC, since this apparently involves interstate fraud, making it also a Federal matter. You will need to provide, in writing, a very detailed description of events, with specific dates and times, with events arranged in chronological order. Be prepared to provide copies of an any and all email exchanges (to / from both parties). It's up to you to make and present your case; it's not up to the AG office or the FTC to make your case for you, so be fully prepared to very specifically address and document any and all pertinent details if you want to successfully elicit their interest and intervention in this matter.

There is obviously a credit card associated with providing money to any entity through PayPal. Contact your credit card issuer directly and immediately to formally dispute the charge, claiming fraud in the transaction, prepared to fully describe and document in detail the entire sequence of events, providing copies of all associated documentation and emails. You have much better odds of success disputing the charge directly with the credit card issuer than just dealing with "PayPal". Good luck.

We are experiencing the same issue with Westin Nanea. Certified signed letter, a fax and confirmation, and we also tried to send an email to the one provided in the contract. However, the email was returned undeliverable. We have reached out to the "Closing Specialist" and have not had a response. We purchased on July 3 and executed cancellation on July 10, within the 10 days listed on the purchase contract. Not sure who we should contact now. Have you had any response or resolution, Anne?

anner221 wrote:

This is happening to us with a purchase at Westin Nanea in Maui. We clearly have all the documentation of the cancellation paperwork being delivered on time…USPS tracking number. We even have a lot of correspondence from some employees that paperwork wasn’t discovered until 2 months later by the cancellation department and they are being very apologetic but nothing is happening. We have not received our deposit back and our credit is showing late. The loan company agreed we shouldn’t be making payments because the contract was supposed to be cancelled, including the loan. It is a complete mess. It is affecting our ability to engage in other real estate transactions.