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WYNDHAM:SHARKS...Canceled contract but won't cancel fradulent "down payment"

Sabrina T. · 2012-08-12T09:08:56-0700

My husband and I are wyndham owers at the grand desert in Las Vegas. We have been owners since 2005, our shares will be paid off 2015. On April 6, 2012while on vacation we attend an owners update that included breakfast and free items. While talking with the lady she asked if we would be interested in hearing about their new program because effective October 2012 the points system will increase and a new program will go into effect. However, we would keep what we have. She said its a good time to get into this new program. We sat and heard the information, it sounded very good. We explained to her that we didnt have any money to do anything not even a down payment for this. She indicated that we would only need to purchase 128,000 more points to be VIP which is the first step in this new program. We told her we didnt have any money and couldnt really afford any more monthly payment. You know how it goes. She ran our shares and came back with another lady. I guess it was her manager. They said they were able to pull funds from our equiity since we had never upgraded and that our payment to upgrade to VIP by adding an additional 128,000 points would be about $150.00 more and about $50.00 more in maintence fees. We asked them how much down? they said, nothing down. no money out of your pocket! REALLY? Our total monthly would be $496 and $158 for maintance; no money down, first payment May 15th. Sounded like a good deal to us. Well we went through with it because there was no money down, the payment was okay and we got a few more hundred thousands points more to use. We confirmed several times if that was the final payment and no other monies would be have to pay. They said, no this is it. We will pull from your equity. Well knowing what that means, i mean timeshares have equity? So we can borrow off our timeshare and use the money to re-do our home kitchen? Right? NOT! I found that out. Anyway, We signed the contract and while doing so we noticed a "BILL ME LATER" mentioned in the contract. When asked what was "BILL ME LATER" they said it was the finance company for the timeshare. We accepted that, I mean there are changes going on so we went ahead. Well we enjoyed our vacation, left Vegas came home and was telling all our friends and family that are owners as well as those that are considering Wyndham ownership how good this was and about the upgrade. Ha! Some goodnedss. On April 10th we get in the mail a bill from "BILL ME LATER", we thought it was a statment until we noticed an amount of $4,695.00 due with payments of $171.00 to beg November 1, 2012. What is this, we havent made any bills for $4K. So I called bill me later and they said, yes you made a purchase on April 6th in Las Vegas at Wyndham? YEs we did but for not this amount. So we called Wyndham and they said it was our down payment. Huh? No we didnt have a downpayment, was our response. We were told they was taking the downpayment from the equity with nothing additional and our monthly payment was $496.00. No ma'am you need to speak with "BILL ME LATER" because that is your down payment you have to pay. WHAT THE $#!@. We we filed a formal complaint and having been dealing with this issue since April 11th. We made our first monthly payment on May 15th. On June 4th we receive via email a letter from a Jennifer Mason, she is a member of the esculation team on members complaints and investigations. She indicated that based upon their review and my email stating what happened. Wyndham was releasing us from that contract / cancelling the new contract and re-instating our two traded contracts. YIPPY! Great. Well on Friday, August 10, 2012 we found out that yes, they are canceling the contract but will not cancel the "BILL ME LATER". Well that arose out of the contract. Between all of this we stop making our payments and was advised that no payments were to be made until the traded contracts were placed in effect. We stop paying! On Tuesday, Aug 7, 2012, Jennifer Mason and I talked ( you can never get a hold of her you always have to leave messages and wait days before she calls back) she said, that there are points used from the new contract that we have to pay for. in addtion, the account is behind and the down payment will be used to pay for the used points ( we haven't used them the vacations arent until August 24th and November 19) and any pass due payments. I told her we didnt have a down payment. She said, yes you put down $4695. I said NO. That is what we are disputing. We never physically put any money down. I told her the vacation in NOvember was booked with the new points and to please cancel that because we are not paying. I told her the vacation in August was booked earlier this year with points from our traded contract, so we dont own on that one. I told her we will pay the pass due amounts in cash. I asked her how is it that the contract is being cancelled and you're not calceling the "BILL ME LATER" which arose out of the contract? She said, ma'am im just letting you know. I said, you're wrong and this is unacceptable. You can say, you gonna cancel the contract ( we have in writing) and now we still have to pay the down payment. What kinda crap is that. Not to mention she called on Friday and said we are 6 months behind in payments.. not true and they will use 2500 of the 5500 down payment that was made to bring the account current. WHAT? So now the amounts change. So, you are taking back on your word to cancel the contract or you're canceling it in part; which has not been stated and you are increasing the down payment of $4695 to 5500. And you're telling me we when asked what happens to the other portion of that down payment that there is no refund this is what we are doing. I know this is a long story and i have tried to give it as simple as possible but you know when you're going to a crises and when you hve been treated unfailly you want to get it all out. I have left minor things out. But there it is. Please know, our account is NOT 6 months behing on 3 months ( june, july and aug is due on the 20th) we received a bill yesterday, August 11th saying please pay your pass due amount of $1500, which we will do tomorrow. We have no intentions on using the share until this is resolved. My vacation for Aug 22nd - 25th we have booked hotel. so no points are necessary to be used or need to be paid for. I need clarifcation on this supposive down payment with bill me later. How can they hold us to pay for this when the contract is being terminated and our new contracts are being reinstated. That bill me later arose out of the new contract. Shouldnt they contract bill me later and cancel that transaction? So bottom line, we are being forced to pay for something that we didnt use. So in essences we are giving bill me later $4695 just because. Please please please help us and clarify this. This is totally wrong. Also, if we were six months behind we never received notication of this and our monthly payments have been deducted from our checking account with the last one being made in May. HELP!!!!

Helen S. Nov 06, 2016

PRESSURED INTO GETTING 6K MORE? YOU NEED TO GET YOUR BIG GIRL PANTIES ON AND SAY NO!!

Helen S. Nov 06, 2016

I WOULD definitely check out an attorney recommended on a forum! JEEZ - How do you think groups like angie's list or home advisor gets their workers?

Last edited by phyl21 on Nov 06, 2016 06:59 PM

Don P. Nov 07, 2016

NEVER use an attorney that you " heard about " in the forum. Scammers troll the forums looking for victims. There is no comparison between a service that screens their workers and a shill that promotes a scam on the internet.

NEVER pay anyone money upfront that claims they can get you out of your contract !!

Kenneth C. Nov 14, 2016

Do you by chance have jennifer masons email address?

Bobby S. Feb 16, 2017

What two firms? Did i miss that?

Jcel S. Apr 11, 2017

angelar285 need your help... My husband and I were also victims...tricked to sign a contract with Westin Vacations. Later on discovered several misreps and lies but too late to cancel. Sent several emails, letters even to the top officers, filed a case with BBB, Consumer Financial Protection Bureau, Federal Trade Commission...they're all useless. Nothing happened. The crooks are fighting back and will not cancel the contract. So desperate to get out of this stressful mess and worried about my credit (which I took very good care of) getting hurt so badly bec of refusing to make payments. PLEASE HELP!!!

Lance C. Apr 12, 2017

chichii wrote:
Nothing happened. The crooks are fighting back and will not cancel the contract. So desperate to get out of this stressful mess and worried about my credit (which I took very good care of) getting hurt so badly bec of refusing to make payments. PLEASE HELP!!!

How long ago did you stop making payments? And were those payments for the mortgage or for maintenance fees?

Just be careful not to hire some company that claims it can "cancel" your mortgage and timeshare. Also, the fact that they lied to you and misrepresented sadly does not give you any leverage. Even if you do take this to court, the defendants will point out that you signed a contract and what is written in the contract will overturn whatever the sales people told you.

Jcel S. Apr 12, 2017

The initial payments were made thru my cc but are still on dispute. never made any payments after. so technically we haven't put out any money yet. what do you suggest we do?

Lance C. Apr 13, 2017

If you haven't put any money out yet, I would cancel the credit card so that those sales people can not access it or your new one.

Jcel S. Apr 14, 2017

I've no problem with my cc, they're already blocked and will not be able to charge anything more. My main concern is terminating the contract.

KC Apr 17, 2017

chichii wrote:
I've no problem with my cc, they're already blocked and will not be able to charge anything more. My main concern is terminating the contract.

Please don't shoot the messenger, but you voluntarily entered into a valid, legally binding contract and subsequently failed to rescind (cancel) that contract during the time period provided to every timeshare buyer who purchases from a developer, by applicable state law.

At this late date, there is no avenue by which you can unilaterally "terminate" the contract. You can ask Wyndham to release you from the contract, but I wouldn't hold out much hope for a positive response. They will most likely just point out that you signed a contract and that the time period provided by law to cancel (rescind) that contract has since expired.

Cancelling the credit card has absolutely no effect on the validity of the contract you signed. If you don't want to (or can't) pay off the contract, you may have no choice other than to default and take the credit hit. There are no magical means by which to just unilaterally "terminate" a valid, legally binding contract without the cooperation of the other party.

Last edited by ken1193 on Apr 19, 2017 05:16 PM

Jcel S. Apr 19, 2017

Can anyone help me with this? calling on angelar285.

Sara M. Jun 20, 2017

Where should we look then?

KC Jun 21, 2017

chichii wrote:
Can anyone help me with this?

If you submitted your rescission (cancellation) in writing and under signature to the correct address, as specifically instructed within your contract documents, within the time period identified by applicable state law (3-10 days, depending on the individual state), then your contract MUST be cancelled and 100% of your deposit MUST be refunded to you. However, it is possible that it could (lawfully) take up to 45 days for the issuance of your refund, even if you submitted the rescission (cancellation) properly and in time.

Did you meet ALL of the VERY specific rescission (cancellation) requirements listed above?

If so, are you now past 45 days without receiving any issuance of a refund?

In what state did this contract execution take place?

If you did not file a rescission request, in writing, within the specific time period identified by individual state law, you are now just plain out of luck. I sincerely hope that is NOT the case.

Last edited by ken1193 on Jun 21, 2017 05:00 PM

Sara M. Jun 22, 2017

yes but redweek doesn't let us give a phone number or name any companies

Lance C. Jun 22, 2017

saram280 wrote:
yes but redweek doesn't let us give a phone number or name any companies

Hmm, that's funny. In many of my posts, I list My Resort Network, E-Bay, Craigslist, and Timeshare Users Group (aka "TUG") as reputable sites for people to list their units they want to sell or give away. I used to mention Bid Shares until they went out of business.

And by the way, the above-mentioned websites are recommended by many as a means of unloading their timeshares without having to pay some questionable or scam company thousands of dollars to "cancel" their timeshares.

Sara M. Jun 23, 2017

Thank you Lancec13!!!!

Teresa Jul 22, 2017

I own at Coral Sands unit is paid for but I don't want to continue with maintenance fees and want to know how to get rids of this headache.

Lance C. Jul 22, 2017

teresad239 wrote:
I own at Coral Sands unit is paid for but I don't want to continue with maintenance fees and want to know how to get rids of this headache.

If it's a Mexican Right-to-Use (RTU), then it is possible that you can get out of it by simply stopping paying your membership fees. The resort or Coral Sands might report you to a credit agency but that's the risk you take.

The other possibility (which will take a little more time and work) is to list it for a dollar or even free. You can perhaps offer to pay the closing costs and the next maintenance fees.

KC Jul 24, 2017

teresad239 wrote:
I own at Coral Sands unit is paid for but I don't want to continue with maintenance fees and want to know how to get rids of this headache.

This post should probably be in a different thread of its' own, but are you referring to Coral Sands in Hilton Head, SC? I seem to recall reading somewhere recently that Coral Sands (isn't it now actually a part of or a precursor to something now called Palmera Vacation Club?) might require big bucks to agree to accept a "deedback" --- if they will do so at all.

You can always attempt to give your timeshare away to a new, willing, legitimate "grantee" by offering it in the "Bargain Deals" section of Timeshare Users Group (http://www.tug2.net). I don't claim to know whether or not what you own actually has any resale value or market demand; that would depend at least in part upon the unit size, season of your week --- and the annual maintenance fee amount. Provide ALL of those important and relevant details if you later decide to offer it over in the TUG "Bargain Deals". Good luck, whatever you decide to do.

Last edited by ken1193 on Jul 28, 2017 04:00 AM

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