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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45990
Experience:  Attorney with 29 years of experience.
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We have an excellent credit rating and have never defaulted

Resolved Question:

We have an excellent credit rating and have never defaulted on any financial contract. Until now it never crossed our minds. We are caught up in a swindling timeshare contract with Wyndham Vacation Resorts. Inc. and even though they have lied, misled and caught us in their trap they will not bend. We signed a contract for $44,000.00 dollars, and paid $10.000 cash down along with timeshare valued by them at $39,000.00. What will the consequences of defaulting on this loan have on our credit rating, any threat of attaching our home, etc.? Is our entire down payment at risk? Our cancellation letter was sent in a Priority Mail envelope with a Delivery Confirmation Sticker. The electronic tracking shows that the letter arrived two days before deadline. Wyndham claims the letter arrived 5 days after the deadline with a post office cancellation date on it. We are trying to get a copy of the original envelope to see if they have tampered with our enclosed letter which was pre-addressed.
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.
Good evening...If your contract provided for a cancellation right and you have an electronic tracking receipt that shows the letter was received by seller within the deadline period, you have the right to cancel this contract, rescind the deal, receive your down payment back, and to be relieved of any continuing obligation.   I would send them a certified, return receipt requested, letter stating those facts and demand they return your deposit, cancel the contract, and release you from any further obligations with regard to this transaction within a short specified period of time.   Tell them if they do not timely comply, you will have no choice but to file suit to avail yourself of any and all equitable and legal remedies available to you, including a claim under the applicable deceptive trade practices act.   Then, if they do not timely comply, file your suit.   

I hope this has given you the guidance you were seeking. I wish you the best of luck!

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Richard, Attorney
Category: Legal
Satisfied Customers: 45990
Experience: Attorney with 29 years of experience.
Richard and 4 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

You said we could ask for further clarification. There is a glitch. They say that our cancellation letter is predated by one month. Example: they say our letter was dated July 06,2009 instead of August 06, 2009. The contract date is August 02,2009 they extended the legal 7 days from August 09, until August 15. 2009. Our letter arrived August 13th and they say their envelope is stamped the 20th. We have no way of knowing if this is true because they say everything has been sent to Corporate. They did say that they knew that our intention was August as it preceded the contract date. If indeed we did put July, will this void our the cancellation?

 

Expert:  Richard replied 4 years ago.
No problem at all.... First, the July vs. August was simply a mistake and will not affect your cancellation...even the seller admits this was a mistake. Second, the date they deign to stamp your mail is not determinative....if this was the case, the could simply hold their mail until the deadlines pass...rather, if you have evidence that the package arrived at their offices on Aug. 13, then that is the determinative date.    These people are really just scum-sucking predators and will try any trick in the book. It really is simply unconscionable.   I will keep you in my prayers!
Richard, Attorney
Category: Legal
Satisfied Customers: 45990
Experience: Attorney with 29 years of experience.
Richard and 4 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Legal Beacon

We are writing a letter stating the information mentioned above. We are wondering what we need to do about the upcoming payment which is financed by Wyndham. Should we pay or should we notify them that as long as this contract is in dispute we will not be making paymnents/ We had intended to pay it off with our Home Equity but do not think this is a good idea now that we intend to take action toward a cancellation. If we were to default on this loan or delay making payment during the dispute will it damage our credit rating?

Expert:  Richard replied 4 years ago.
Good evening to you. I would not make any payments on this transaction because everything you do you want to buttress your claim that you consider this transaction to be cancelled.   Being that this financing is provided by Wyndham, I would tell them in your letter you consider this cancelled, that you intend to make no payments, and that should they take any action that would have any adverse effect on your credit rating you will pursue them for any damages suffered by you resulting therefrom.   
I hope this has given you the guidance you were seeking. I wish you the best of luck!

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Legal
Satisfied Customers: 45990
Experience: Attorney with 29 years of experience.
Richard and 4 other Legal Specialists are ready to help you

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