Deceitful Wyndham tactics- still in recission period.

I was lured last week into a presentation on an exchange vacation in TN. The “concierge” rep told me Wyndham now owned RCI so I was intrigued more than anything. The sales pitch revolved around whether they could help me change my RCI membership to Wyndham (something I was supposedly offered in 2017 and did not opt for). They told me i could definitely exit my paid for ownership in another company (they would help me) and they would give me the equity from that towards the Wyndham program. Stupidly I fell for it thinking I would be getting a better program with better benefits (ie no more exchange fees). Luckily the next day I looked into exiting my old TS and found out without financial hardship or health issues I could not! I went back to the sales people and told them I needed to rescind and was told I could not because they had “backdated” my contract because of the RCI issue. Luckily I came out of my stupor and read the contract and immediately sent my certified rescission letter to the two addresses listed in the contract and also to the email provided as well. (I have 10 days) sent it on day 3. My question is- what if the certified letter is not signed for?? Should I send another one without signature required since I am still within the timeframe???

susanp725 wrote:

I was lured last week into a presentation on an exchange vacation in TN. The “concierge” rep told me Wyndham now owned RCI so I was intrigued more than anything. The sales pitch revolved around whether they could help me change my RCI membership to Wyndham (something I was supposedly offered in 2017 and did not opt for). They told me i could definitely exit my paid for ownership in another company (they would help me) and they would give me the equity from that towards the Wyndham program. Stupidly I fell for it thinking I would be getting a better program with better benefits (ie no more exchange fees). Luckily the next day I looked into exiting my old TS and found out without financial hardship or health issues I could not! I went back to the sales people and told them I needed to rescind and was told I could not because they had “backdated” my contract because of the RCI issue. Luckily I came out of my stupor and read the contract and immediately sent my certified rescission letter to the two addresses listed in the contract and also to the email provided as well. (I have 10 days) sent it on day 3. My question is- what if the certified letter is not signed for?? Should I send another one without signature required since I am still within the timeframe???

The date stamp on the certified mail receipt issued to you at the USPS counter when you sent the rescission by certified mail is all that ultimately matters from a legal standpoint. Return receipt signature may be "reassuring" to you, but it's not otherwise particularly meaningful from a legal standpoint; you don't need to send any duplicate / redundant correspondence. The presumption in any court would be that the certified mail was delivered (it does not matter when; only the postmark date matters), whether or not you get back that green return receipt card bearing a recipient signature or stamp. Assuming that you sent your clearly stated, signed rescission to the correct address (which should be very clearly specified and identified somewhere within your contract documents), all should be well. The email that you sent likely has no real legal meaning or value, but no harm done.

A potential concern is your reference to a "backdating" of anything associated with the contract that you signed. If you voluntarily signed a document reflecting an earlier (and factually inaccurate) date, the sales weasels might try to use that earlier (and factually inaccurate) date for calculating the 10 days rescission period provided by TN state law. I certainly hope that's not the case, but there is frankly very little that I would put past a hungry and deceitful Wyndham (or Westgate) sales hyena.

P.S. Wyndham has owned RCI for many years now; a fact neither new nor meaningful, so it's unclear why the deceitful sales hyena even made that statement to you, unless just to confuse you or to falsely manufacture a non-existent "issue".

You are wise to rescind --- and good on 'ya for doing so in time. You should never again listen to any so-called "concierge" or any hungry, lying sales hyena when it comes to the facts or details of what you already own. Avoid those parasites like you would avoid a communicable disease; you have no obligation to attend any "presentation" or to listen to anything out of their mouths.

Thank you for your time in answering my post! There is nothing written in the contract about another date. The so-called “equity” of $20,000 for my paid-for time share from another company is listed as a “discount”. And the back date referred to a deal I was supposedly offered back several years ago and did not sign (I never got such an offer) about Wyndhams RCI purchase. My contract has a date of 3/12 and there was both a clause in the contract and one on the TN state law page with the 10 day rescission period. Interestingly the sales manager told me before I saw the closing agent not to mention how they came up with the “discount”. I was concerned yesterday when I tracked my certified mail to find out it was being redelivered and got concerned they would refuse the mail. I didn’t know if that would be an issue.

Update! USPC confirmed my letter was received and later in day a confirmation of my cancelled autopay from Wyndham. I can sleep tonight and it was a hard lesson learned.

Well done! It's admirable that you so quickly came to your senses, examined your contract and took decisive and corrective action in such a timely manner. Far too many people never bother to read their contract, or they do so long after their rescission period has expired, at which point they are stuck with the contract terms, proving that old adage to be true --- "You snooze, you lose".

All I can say to help someone else, is regardless how stupid you feel if you made a foolish decision like I did, follow your gut. If it feels uncomfortable afterwards, it’s probably not right. And don’t let the more passive friendly sales sharks fool you. I think sometimes they are more deadly than the overtly aggressive ones. I feel like the world was lifted off my shoulders and am happy to return to my paid-for TS resort which I enjoy. I will never be lured to what appears to be greener pastures again.