Report Abuse - 183071

[Q=susanp725] 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???[/Q] 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 [b]postmark[/b] 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 [b]anything[/b] associated with the contract that you signed. If you voluntarily signed a document reflecting an earlier (and factually inaccurate) date, the sales weasels [b][i]might[/b][/i] 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 [b]never again[/b] 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 [b]anything[/b] out of their mouths.