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Ellen
Ellen, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36714
Experience:  25 years of private practice
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I purchased a travel club membership while on vacation in florida

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I purchased a travel club membership while on vacation in florida on 5/22. They did have a statement in the contract that I had 3 business days to cancel. The down payment was $1500...I gave them a check for $300 plus 3 postdated checks for $400 ea. While travelling home on Sat,5/25,my wife and I came to the decision to cancel. I called them and the office was closed on Saturday. I tried again on Sunday and the office was closed as well. I left a voicemail detailing my wishes to cancel. Their office was closed again on Monday for Memorial Day. I didnt receive a call back on Tuesday..tried again..no answer. When I finally reached them on Wednesday,they told me that my cancellation period had expired. They purposely didnt return my calls until the 3 day period expired. My question is that I didnt receive my 3 days since they were closed for a 3 day weekend,which I was unable to reach them. My 3 days should have been 3 business days..Thurs,Fri and Tues. Also I put a stop payment on my $300 check after which they stated that I had commited a felony. My membership and benefits would not start until the total down payment was paid...8/21. So in reality,I never received any benefits. What should I do?
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

Welcome,

I am a Florida licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Did you provide any written notice of cancellation?
Customer: replied 4 years ago.


yes...thru an email. They didnt furnish mwith one so I had to call their cust serv dept. I emailed it to them and they had it forwarded. It wasnt until then that I received a call back.


I am researching and typing my response. Please give me another 5 min.
Customer: replied 4 years ago.


thanks

Thank you for your patience Joe. I know that this is important to you so I wanted to spend the extra time to research the statutes.

Your travel club membership may fall under the "Florida Vacation Plan and Time-Share Act". If so, you would be permitted to rescind the contract under Florida Statute Chapter 721.

Let me explain.

Florida Statute 721.02 states that C. 721 is to be broadly interpreted to include all "....vacation clubs, multisite vacation plans, and multiyear vacation and lodging certificates." Hence it appears that a travel club would fall within C 721 .

Florida Statute 721.10 governs the cancellation of purchases that fall within C 721.
Florida Statute 721.10 provides in part:
Cancellation.
(1) A purchaser has the right to cancel the contract until midnight of the 10th calendar day following whichever of the following days occurs later:
(a) The execution date; or
(b) The day on which the purchaser received the last of all documents required to be provided to him or her, including the notice required by s. 721.07(2)(d)2., if applicable.

Since you did not receive the proper notice of rescission, it does not appear that your time to rescind the contract has expired. My suggestion is that you immediately retain a Florida attorney to handle the rescission of the contract.
Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com


I would be glad to respond to any related follow-up questions that you may have.

Customer: replied 4 years ago.

So you are saying that thru this statute,I can legally cancel even though their contract stated 3 days? Can I handle this on my own without counsel? What about their threat of it being a felony if I dont send a replacement check?


So you are saying that thru this statute,I can legally cancel even though their contract stated 3 days?
Yes.

Can I handle this on my own without counsel?
I strongly suggest that you do not attempt to represent yourself.

What about their threat of it being a felony if I dont send a replacement check?
It is an empty threat. This is a civil matter not a criminal matter. Post dated checks cannot be prosecuted under the Fl Worthless Check Laws.
Ellen and 2 other Consumer Protection Law Specialists are ready to help you
Customer: replied 4 years ago.

One check was for $300,dated that day. The other 3 were postdated. Does that one apply to your answer as well?

Yes I did address the postdated checks. Postdated checks cannot be prosecuted under Florida's worthless check laws. Please remember that you have a time sensitive matter. I suggest that you retain local counsel in Florida immediately. Consider searching for an attorney that specializes in time-share/travel club rescissions

I see that you requested a refund. I believe that I have answered your questions - Was this an error?

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