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Somebody reply to this timeshare issue. Please!

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R

riaserious

Guest
What is the name of your state? CA

California time share won't refund my downpayment

Went to a tortureous 90 timeshare seminar 08/03/03 which lasted 4 hours. I agreed to buy the timeshare on the condition that I could cancel if I changed mind within 72 hours. They agreed then took my picture against my will.

I discovered that I left credit card at home; they came home w/me bringing a credit card imprint machine... gave me receipt and left.

On 08/05/03 signed their recind clause form, sent it by certified mail/Return receipt mailing all within 72 Hours!

Two weeks later, inquired of my refund. The timeshare representative stated escrow had already closed, so sorry you are too late!

I told them the date and mode of my mailing and that I wanted my refund of $930.00. The representative just keep repeating the same thing.

I need to go to small claims with this I guess. How much punitive damage award could/should I ask for?? -Need Help in California:(
 


Souix

Senior Member
riaserious said:
What is the name of your state? CA

I discovered that I left credit card at home; they came home w/me bringing a credit card imprint machine... gave me receipt and left.

***Don't you wish you would have snuck out and went home without them? We have a timeshare too. A really bad investment and those people of ruthless***


On 08/05/03 signed their recind clause form, sent it by certified mail/Return receipt mailing all within 72 Hours!


***This was your second mistake. You should have hand delivered or faxed your signature on this form. Actually hand delivery would have been better, and then send another copy rrr***




Two weeks later, inquired of my refund. The timeshare representative stated escrow had already closed, so sorry you are too late!


***Why did you wait 2 weeks to inquire about your refund? I would have demanded the refund in my correspondence. Did you not have to sign any escrow documentation?***


I told them the date and mode of my mailing and that I wanted my refund of $930.00. The representative just keep repeating the same thing.


***Now you will probably have to resell it. Good luck! We have been trying to do that for years and its virtually impossible and the timeshare company will not resell it for you either. I hope whatever you bought is something you can use and be benefited by***


I need to go to small claims with this I guess. How much punitive damage award could/should I ask for?? -Need Help in California:(

Good Luck!
 

HomeGuru

Senior Member
riaserious said:
What is the name of your state? CA

California time share won't refund my downpayment

Went to a tortureous 90 timeshare seminar 08/03/03 which lasted 4 hours. I agreed to buy the timeshare on the condition that I could cancel if I changed mind within 72 hours. They agreed then took my picture against my will.

I discovered that I left credit card at home; they came home w/me bringing a credit card imprint machine... gave me receipt and left.

On 08/05/03 signed their recind clause form, sent it by certified mail/Return receipt mailing all within 72 Hours!

Two weeks later, inquired of my refund. The timeshare representative stated escrow had already closed, so sorry you are too late!

I told them the date and mode of my mailing and that I wanted my refund of $930.00. The representative just keep repeating the same thing.

I need to go to small claims with this I guess. How much punitive damage award could/should I ask for?? -Need Help in California:(
**A: there is a 3 day right of rescission on that type of transaction. Did you terminate the transaction as required by state law and as stated in the contract?
 
R

riaserious

Guest
Souix & HomeGuru: Re: Timeshare. I followed proper procedure

Help !!!!!
 
Last edited:

Souix

Senior Member
Re: Souix & HomeGuru: Re: Timeshare. I followed proper procedure

riaserious said:
Help !!!!!


***Please type the exact wording of the "rescind clause" on the Contract. Thank you.***
 
R

riaserious

Guest
Timeshare won't Refund/Souix here is the contract wording

F U make offer 2 purchase timeshare% ID'd below, U have the right to rescind(cancel) offer,&any contract resulting from the acceptance of your offer&the return of all money&other consideration that you have given toward the purchase, until midnight of the third calendar day afterthe day on which you sign the offer to purchase. You may exercise this right to rescind w/out giving any reason and w/out incurring any penalty or obligation by notifying___________. If notice is sent by U.S. mail, it shall b considered given on the date that is postmarked.
U may use this notice 4 the purpose of rescinding your offer to purchase by completing the blanks and by dating and signing below. The use of registered or certified mail w/return receipt requested is recommended for transmittal of this notice by mail.
Bold lined box stating: I hereby rescind my offer of 08/03/03
to purchase timeshare interest___ in the above named timeshare
project. Dated 08/05/03 Signature____ Owner#_____.

This is the rescind contract that I timely sent via certified mailing
on 08/05/03.
 

Souix

Senior Member
Re: Timeshare won't Refund/Souix here is the contract wording

riaserious said:
F U make offer 2 purchase timeshare% ID'd below, U have the right to rescind(cancel) offer,&any contract resulting from the acceptance of your offer&the return of all money&other consideration that you have given toward the purchase, until midnight of the third calendar day afterthe day on which you sign the offer to purchase. You may exercise this right to rescind w/out giving any reason and w/out incurring any penalty or obligation by notifying___________. If notice is sent by U.S. mail, it shall b considered given on the date that is postmarked.
U may use this notice 4 the purpose of rescinding your offer to purchase by completing the blanks and by dating and signing below. The use of registered or certified mail w/return receipt requested is recommended for transmittal of this notice by mail.
Bold lined box stating: I hereby rescind my offer of 08/03/03
to purchase timeshare interest___ in the above named timeshare
project. Dated 08/05/03 Signature____ Owner#_____.

This is the rescind contract that I timely sent via certified mailing
on 08/05/03.

***And you kept a copy of your postmarked return receipt?***
 

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