Timeshare co. refuses to cancel contract

My husband and I signed a contract for timeshare property. It seemed like a good deal at the time, plus it was a real high pressure sells job to boot! After getting home and looking through all the printed material we realized we had many unanswered questions and that maybe this wasn't as good of a deal as "they" said it was. We called the timeshare company the next day (Sunday) and spoke with the director in charge and expressed our reservations. He said that it was O.K. if we changed our minds and that he din't need to sell us something we would not be happy with. He recommended we speak with another company director and that this person might be able to answer any questions that we might have. Meanwhile, the director verbally extended the cancellation period to give us time to talk with his coworker and hopefully get answers to our questions and concerns. After speaking with his coworker, my husband and I decided that we did not want to purchase the timeshare and that it was not what it seemed. The timeshare company had already debited our credit card for a portion of the downpayment. After several unsuccessful attemps to reach the director by phone we left messages with the phone operator that we wanted to cancel our membership and for the director to call us. Meanwhile, we received our membership certificate in the mail. We also hand delivered a cancellation letter, but because we hand delivered the cancellation letter we have no record of mailing or delivering a cancellation notice. At the same time the letter was delivered, the director was informed that my husband was recently layed off from his job and that we could not possibly pay for the timeshare. So far the timeshare company has debited our credit card for the full downpayment and now a electronic debit from our checking account for the montly installments. Do we have any recourse? Will be be able to get our money back?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rig40love:
My husband and I signed a contract for timeshare property. It seemed like a good deal at the time, plus it was a real high pressure sells job to boot! After getting home and looking through all the printed material we realized we had many unanswered questions and that maybe this wasn't as good of a deal as "they" said it was. We called the timeshare company the next day (Sunday) and spoke with the director in charge and expressed our reservations. He said that it was O.K. if we changed our minds and that he din't need to sell us something we would not be happy with. He recommended we speak with another company director and that this person might be able to answer any questions that we might have. Meanwhile, the director verbally extended the cancellation period to give us time to talk with his coworker and hopefully get answers to our questions and concerns. After speaking with his coworker, my husband and I decided that we did not want to purchase the timeshare and that it was not what it seemed. The timeshare company had already debited our credit card for a portion of the downpayment. After several unsuccessful attemps to reach the director by phone we left messages with the phone operator that we wanted to cancel our membership and for the director to call us. Meanwhile, we received our membership certificate in the mail. We also hand delivered a cancellation letter, but because we hand delivered the cancellation letter we have no record of mailing or delivering a cancellation notice. At the same time the letter was delivered, the director was informed that my husband was recently layed off from his job and that we could not possibly pay for the timeshare. So far the timeshare company has debited our credit card for the full downpayment and now a electronic debit from our checking account for the montly installments. Do we have any recourse? Will be be able to get our money back?<HR></BLOCKQUOTE>

Write a letter to the charge card company disputing the charge and write a letter to the bank disputing and cancelling the debits. Hire an attorney to send a demand letter that the contract be rescinded due to misrepresentations.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by RickyK:

Originally posted by rig40love:
Is this timeshare company "AQUA Sun Investments, Inc" in Marietta GA? If it is, I also have a major dispute against them for lieing during the sale of the timeshare.

Ricky

Click to expand...

<HR></BLOCKQUOTE>

And the plot thickens.........

Click to expand...

To Ricky K
The company name is Epic Resorts, Marietta, Georgia. Different companies, with the same old story!! Have you had any luck resolving your dispute? Good Luck, Rig40love

EPIC Resorts, in Marietta. I just looked in the directory in Atlanta and they are not they. Is this company by chance located in the Cobb Galleria with the Cars & Stars museum. No I have not resolved mine with Aqua Sun yet after over 6 months. I have complaints in with the Florida Attorney General's Office and the Georgia Better Business Bereau. The timeshare resort you bought into was not "Grand Lakes" in Florida?

Ricky

Ricky,
Epic Resort's office is located at the corner of Windy Hill and Powers Ferry Rd. in Marietta, Ga. The format for this company is different from any other we had seen before. Instead of buying into an actual property you buy points that can be used to purchase stays at different properties. The kicker here is.....how many points does it take to buy or trade a descent vacation. The point value determines the time of the year, the resort and the accomodations for which you will be eligible. And so on and so on!!!!! I wrote letters today disputing credit card charges and halting bank drafts. Next, is to find an attorney to send demand letter to recind contract due to misrepresentation. I'll keep you posted. Rig40love

Glad to here that you are making some moves to handle the company. I have filed letters as I stated earlier with the different agencies and next I plan on filing letters with the Federal Trade Commission. The companny I am dealing with during the presentation the salesman made certain verbal promises to me and my wife that turned out to be direct lies and we discovered this after thiry days. Also, we had requested to see actual picture of the property than what he was showing and all he said they had was the drawings in the book when it turned out that they had a full presentation room with pictures and a model. I am trying to handle this my self first, but I will probably have to get an attorney to write the same letter you are doing. When you find an attorney to do this, please pass on their name to me at:
[email protected].

Thanks

To Home Guru, In response to your suggestions I did file a dispute with both my credit card and checking. However, before writing you the 1st time I had already sent a cancellation request via Email and this is the response I received back dated 11/2/00.

I recvd your email cancellation request and used it in conjunction with your earlier cancellation letter in an attempt to cancel your ownership with the corporate office. Unfortunately, once the sale closes escrow Epic Resorts does not have the ability to cancel that sale. Your 1st hand delivered letter was dated 09/11/00. At that time I told you that you were outside the legal cancellation time allowed by the State, but that I would see what I could do about the sale. Your 2nd request came via email on 10/27/00. Your sale purchase date was on 07/09/00. The State of Georgia provides for a 7 day right of rescession. The local office of Epic Resorts extended your right of rescission up to 10 days while I put Tom in touch with our Interval International representative to allay his fears about the exchange process. I know he had a lengthy conversation with one of their executives about how the exchange program works. We subsequently never recvd any intent of cancellation from yourselves, so your second downpayment installment of $499 was charged to on 08/09/00 as provided for in your sales contract. Under the circumstances, the company feels that you still own and can utilize the Epic Resorts Vacation Club points as described in your sales contract. Sincerely, Mark Hilman, Director of Operations, Epic Resorts.
This response clearly states that the Director of Operations knew we had reservaions about the membership. We told him at that time (when he referred us) that we did not want to puchase the membership based on the information we had. Afer reading the above email do you still feel that a letter of misrepresentation is what we need to do. Is there some type of form or form letter I can copy from or use to send this letter myself or must I have a lawyer do this. My reason for concern is because my husband is currently unemployed, however I will do it if necessary. I don't want this to drag out any longer than necessary. I also feel it would be in my best interest to cancel my checking account and open a new one just so I can be sure that they can not draft my account again. And I would like to know my legal right about protesting. This company is local and I know they bring in a big crowd on Saturday. Can I be arrested if I protest outside of their building. I am considering this option.

[This message has been edited by rig40love (edited November 03, 2000).]

[This message has been edited by rig40love (edited November 03, 2000).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rig40love:
To Home Guru, In response to your suggestions I did file a dispute with both my credit card and checking. However, before writing you the 1st time I had already sent a cancellation request via Email and this is the response I received back dated 11/2/00.

I recvd your email cancellation request and used it in conjunction with your earlier cancellation letter in an attempt to cancel your ownership with the corporate office. Unfortunately, once the sale closes escrow Epic Resorts does not have the ability to cancel that sale. Your 1st hand delivered letter was dated 09/11/00. At that time I told you that you were outside the legal cancellation time allowed by the State, but that I would see what I could do about the sale. Your 2nd request came via email on 10/27/00. Your sale purchase date was on 07/09/00. The State of Georgia provides for a 7 day right of rescession. The local office of Epic Resorts extended your right of rescission up to 10 days while I put Tom in touch with our Interval International representative to allay his fears about the exchange process. I know he had a lengthy conversation with one of their executives about how the exchange program works. We subsequently never recvd any intent of cancellation from yourselves, so your second downpayment installment of $499 was charged to on 08/09/00 as provided for in your sales contract. Under the circumstances, the company feels that you still own and can utilize the Epic Resorts Vacation Club points as described in your sales contract. Sincerely, Mark Hilman, Director of Operations, Epic Resorts.
This response clearly states that the Director of Operations knew we had reservaions about the membership. We told him at that time (when he referred us) that we did not want to puchase the membership based on the information we had. Afer reading the above email do you still feel that a letter of misrepresentation is what we need to do. Is there some type of form or form letter I can copy from or use to send this letter myself or must I have a lawyer do this. My reason for concern is because my husband is currently unemployed, however I will do it if necessary. I don't want this to drag out any longer than necessary. I also feel it would be in my best interest to cancel my checking account and open a new one just so I can be sure that they can not draft my account again. And I would like to know my legal right about protesting. This company is local and I know they bring in a big crowd on Saturday. Can I be arrested if I protest outside of their building. I am considering this option.

[This message has been edited by rig40love (edited November 03, 2000).]

[This message has been edited by rig40love (edited November 03, 2000).]<HR></BLOCKQUOTE>

Typical timeshare salesman speak "oh we tried our best to help you but the contract states........". Read: scew you, tough luck, you stuck, we going get your money now.

Dear Home Guru, should I take your last reply to mean I'm scewed, and I'll never see my money again? Your comment did not sound very encouraging. Do you still think it would be beneficial to have a lawyer send a misrepresentaion letter? And if I decide to do a little protesting outside of their office what do I need to know? Thanks for your help in advance.

[This message has been edited by rig40love (edited November 05, 2000).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rig40love:
Dear Home Guru, should I take your last reply to mean I'm scewed, and I'll never see my money again? Your comment did not sound very encouraging. Do you still think it would be beneficial to have a lawyer send a misrepresentaion letter? And if I decide to do a little protesting outside of their office what do I need to know? Thanks for your help in advance.

[This message has been edited by rig40love (edited November 05, 2000).]<HR></BLOCKQUOTE>

No, you are not scewed or even screwed. Read my last sentence in my response to your original post for your answer. Then tell me if you got the message before or now.