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Wyndham - Cancellation of Wyndham Vacation ownership

We recently purchased a Wyndham vacation resort package on July 1st. I wasn't aware of the timeshare scams that are out there and even after the pressure marketing tactics that the sales person used on us, I thought that it was a good deal. We bought 6000 points for $12,000 with a maintenance fee of $530 pa. After coming home, something didn't feel right the very next day and after having subsequent discussions with my wife, we decided to stick it out and felt that it was a really good plan for a hassle free vacation.
 
Come July 8th, I was looking for customer care number for Wyndham to book a rental car and I accidentally looked into the contract and what I saw just shocked me. It mentioned a 16.7% APR for the loan amount that we undertook. After going through the contract in detail, it also mentioned that we had been enrolled into the timeshare membership. There were other one time fees that were levied on top of the contract. We were completely shocked to see these details and that we were never told about these during our 3 hour ordeal at Wyndham office.

 
We started doing some online research and found out that we had 7 days to cancel the contract and today was it. It was around 11:15 pm so I quickly grabbed the phone and called up Wyndham office and told them that I wanted to cancel the contract due to these reasons. The receptionist told us that she would forward our message to appropriate person but nobody called us. We called the office again and reached the voice mail. We then contacted the sales person who sold us the package and she picked up the phone. We explained the circumstances to her and told her that we want to cancel the contract. She said that she would pass on the message to the finance person tomorrow and have it canceled. We were kinda relieved at that stage but still skeptic.
 
Next day, we contacted the finance person directly and she explained her helplessness to cancel the contract since it was past the rescission period and that the system won't allow her to do so. We also contacted wyndham customer care and they were of no help and they kept referring us to the contract and the instructions on how to cancel it. They told us the only option was to sell our contract to third party.
 
Buried under the 100 pages of documents are the instructions to cancel the contract and after carefully reading each page, could we find the information.
 
At time point, I had no clue to what our next steps would be.
 
I started researching on internet and came across multiple agencies that help folks like us to cancel the contract. We contacted them and found out that they charge a significant amount to get us out of this situation and we weren't sure whether they are trustworthy or not. I also contacted a local lawyer who agreed to fight my case but there was no guarantee that I would win.
 
In the meantime, I still wanted to follow the protocol and mailed the cancellation notice to Wyndham on July 10th. I also contacted BBB of Florida and lodged a formal complaint.
 
I also got in touch with a company called Timeshare Advocacy International and the owner explained me the process and the steps that they would take if I agreed to go with them. The guy in my opinion was very honest and straightforward and was an ex employee of Wyndham and ensured that my case was pretty easy and that I should be able to get out of this contract.
 
While I was still weighing my options, I call Wyndham to see if they will cancel my contract based on the cancellation notice that I sent them. They said that they haven't received any cancellation notice but they have received a formal complaint from BBB and that the consumer affairs is working on it. This gave me some hope that at least something is happening. They asked me to call back at the end of the week to check whether they have received my cancellation notice.
 
July 22nd, I received a formal email from Wyndham stating that even if they received the cancellation notice out of the rescission period but due to the fact that I contacted them on the night of July 8th, they have agreed to cancel my contract. What a relief........
 
I couldn't happier to see that email. Finally I was out of this mess.
 
The moral of the story - Never ever purchase anything without doing thorough research. I felt so dumb doing that. How could I buy something which is costing me $23k at the spur of the moment without doing detailed research. That was so not me.
 
I wanted to post this and hope that it might be of any help to potential viewers that are in similar situation like mine.
 
Thanks!
AK   

 

 

Comments   

 
+3 #19 bara 2012-04-23 21:56
Guys, I am going to tell you our story. My husband and I were walking the streets of vegas in 2009. A man approached us stating that we would get free tickets for a show if we attend a certain presentation about the Wyndham hotels and resorts. We were too naive to realize what nightmare we were getting ourselves into. Next day we were dealing with the Wyndham sales associate who were pressurizing us to buy their package. There was a sense of forcefulness, and desperation on their part for us to sign the agreement. When I went to take a restroom break, I met with a lady, who warned me that, "the moment you decide not to sign an agreement, you will see an 180 degree change in attitude."
Later we were given into their pressure and signed the deed. However we were not sure of our decision. Hence next day we went to cancel it. We knew that we had a 3 day cancellation policy in the agreement. When we went there, cancellation was not easy. They persistently asked us many questions. They were reluctant to accept our cancellation. Finally when they saw that we were in no mood to accept their b.s. they called in a sales associate, who was dealing with us the day before. He saw us, and a man who was head over hills for us the day before, had changed his demeanor. In front of us, he tells his boss, " I rubbed my ass for these guys yesterday! I dont know what to do."
Somehow these words stayed with me forever. I want to warn you guys that these are the kind of people you will be dealing with. Please do not given in to their pressure. These people do not care about their customers. They only care about their money. This is a big scam. Do not fall for it!
I will be posting the same review on as many site as I can. Hoping that people will learn something from my experience!
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0 #18 Feeling Scammed 2012-04-02 14:42
We purchased what sounds like the same pkg. as you in dec of 2011 and were made promises and specials to sign that day so we did and now are finding that we have to pay $30 for every reservation made... not to mention the housekeeping credits and such... We should have followed our gut and cancelled when we had the chance :(
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+2 #17 tony 2011-11-12 15:35
it turned out that my state (virginia) is one of the worst for fighting timeshare fraud and hawaii was much better...

http://hawaii.gov/dcca/pvl/hrs/hrs_pvl_514e.pdf

if turns out that hawaii law is better for you then will need to start formal process with wyndham legal office in florida...

read carefully and record all the problems...sign ature page not as required by hawaii code, not properly notarized, not fee simple as they claim...

good luck !

§514E-11.1 Deceptive trade practices. It shall constitute an unfair or deceptive practice, within the meaning of chapter 480, for any developer, acquisition agent, or sales agent of time share units or plans to:
(1)
Use any promotional device, including but not limited to entertainment, prizes, gifts, food and drinks, games, or other inducements without fully disclosing that the device is being used for the purpose of soliciting sales of time share interests;
(2)
Offer a prospective purchaser a prize or gift, in writing, as part of any time share advertising or sales promotion plan, if to claim the prize or gift, the prospective purchaser must attend a sales presentation, unless the written disclosure described in section 514E-11(3) is furnished to the prospective purchaser at the time the prospective purchaser is notified of the prize or gift; provided that the written disclosure is written or printed in a size equal to at least ten-point bold type;
(3)
Fail to inform each purchaser orally and in writing, at the time the purchaser signs the contract, of the purchaser's seven-day right to cancel or void the contract to purchase a time share interest in a time share plan or unit;
(4)
Misrepresent in any manner the purchaser's right to cancel or void any contract to purchase a time share interest in a time share plan or unit;
(5)
Include in any contract or document provisions purporting to waive any right or benefit to which the purchaser is entitled under this chapter;
(6)
Fail or refuse to honor any valid notice of cancellation of the contract by the purchaser and, within fifteen business days after receipt of such notice, fail or refuse to refund all payments made under the contract or sale; or fail or refuse to cancel and return any negotiable instrument executed by the purchaser in connection with the contract or sale and take any appropriate action to terminate promptly any mortgage, lien, or other security interest created in connection with the transaction;
(7)
Fail to include above the signature line of any sales contract or, if no sales contract is used, above the signature line of any agreement with the purchaser, in conspicuous bold type and capital letters, the following: "Any purchaser has, under the law, a seven-day right of rescission of any time sharing sales contract";
(8)
Misrepresent the amount of time or period of time the time share unit will be available to any purchaser;
(9)
Misrepresent or deceptively represent the location or locations of the offered time share unit;
(10)
Misrepresent the size, nature, extent, qualities, or characteristics of the offered time share units;
(11)
Misrepresent the nature or extent of any services incident to the time share unit;
(12)
Misrepresent the conditions under which a purchaser may exchange the purchaser's occupancy rights to a time share unit in one location for occupancy rights to a time share unit in another location;
(13)
Fail to orally disclose during the initial oral contact with a prospective purchaser that any promised entertainment, prizes, gifts, food and drinks, games, or other inducements are being offered for the purpose of soliciting sales of time share interests in time share units or plans; or
20
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-1 #16 piec 2011-11-11 21:30
Hi Tony,
I am in the same situation as everyone else. The saleslady did not mention anything about cancelling and we did not see the person who notarized our paperwork and when we received our paper work the sales lady didnt give us the "read this disclosure statement before signing anything" booklet. She shoved it into the bag. She knew we were just trying to get out because we had our three kids running around their office. The salesperson had violated so many things that I have read on the hawaii state laws. I need help please. What can I do to cancel this time share. When I called their office they said there was nothing they or i could do. We signed it on the end of september and ive already paid them nine hundred dollars. I just want them to keep the money but just cancel everything. Help!
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+1 #15 tony 2011-10-09 18:42
Hi Charlie,
very carefully wrote letters to wyndham relations that point by point quoted the section of Hawaii code and then detailed how the agent misrepresented. ..especially by talking about weeks rather than points...not pointing out that our 2 week package was only valid for 6 weeks of the year and only worth 3 days during the period of the year we repeatedly asked about (Christmas end of year)....most of the letter would be he said, she said...but with their history...wyndh am really only has the contracts to support them...the parts of my letter that were supported by the contract itself...were pointing out that the contract signature block did not meet Hawaii code (needs to be large and directly above where you sign away for price obligations...o urs was below and on a different page)....and the fact that wyndham never properly notarized our signatures....w e never met the notary...and they definitely did not witness us signing paperwork....
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0 #14 charlie 2011-10-09 14:26
Thats awesome, can you elaborate more about what did you write?
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+1 #13 tony 2011-10-09 01:16
we luckily got out of wyndham waikiki beach after the 7 day recission period...
hawaiian law is very strict http://hawaii.gov/dcca/pvl/hrs/hrs_pvl_514e.pdf
we recorded all the violations we saw with our presentation and sent them to wyndham hq in florida...and added the fact that they did not properly notarize anything...doub t if they did with you either...i.e. they copy your license and notarize later...which is illegal...anoth er big thing is that their contracts do not have the big 7-day warning where it is supposed to be i think...

give your reasons to wyndham, letting them know you are fully ready to sue in hawaii and be patient...took several weeks for them to reply to us

good luck !
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0 #12 charlie 2011-09-30 14:28
Hey any update from you lawyer, I am curious about it. I just had time to read the contract and want out, unfortunately I passed my rescission period.
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0 #11 Simon 2011-09-12 22:41
Same thing happened to me in Australia, they failed to mention over the 4 hours that there was a cleaning fee of between 70 and 140 and also a 58month levy, when we asked them they said it was an annual levy of around $90
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0 #10 heartbroken 2011-07-11 02:08
Quoting Lyn:
OMG! buying timeshare is like buying trouble.

So, I am from Canada, and recently i signed up for a timeshare plan. Lucky me, i read the contract and found out in time that this is a scam. Still within my rescission period; so, i tried call, sent registered mails to the sale office, contract department in Las vegas, and owners relation in Florida. Anyway, I talked to one of the representative on the phone, and she gave me a fax number, and told me that i could fax the notice, which i wasn’t so sure of, because the contract didn’t mention anything about faxing. I tried to fax many times, but did it didn’t go through; the line either busy or no answer. I tried to call in the next morning to ask for another fax number, but a lady told me that they received the fax notice and the cancellation is in process, which surprise me. I ask her to email me a confirmation, but she said she can’t do that. Should I trust her at this point?? Is there anything I can do to make sure the cancellation is underway??

Does anyone know their email address.

Thanks!!



My case in now with my lawyer. But I was able to help a friend to get out of her contract. Luckily, I found out about her buying of Wyndham within her rescission period. I advised her to send a formal cancellation letter in their Las Vegas office 1-day mail showing a receipt and proof that she sent it to them on that day and a return notice when Wyndham received it. As long as it is within the cancellation period, you will be okay. It's hard to contact them by phone but as long as you have a receipt notice when they received your formal cancellation letter, they will contact you soon. Good luck and God bless. It's good you found out when it's not too late. As I was out of my rescission period when I learned about their lies and fraud.
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