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Author Topic:   Double refund from cancellation
Wahoo Josh

Non Member

Posts: 5
From: Marriott's Manor Club
Registered: Apr 2005

posted 05-24-2005 06:51     Click Here to See the Profile for Wahoo Josh   Click Here to Email Wahoo Josh     Edit/Delete Message   Reply w/Quote Post A Reply
Late last year, a friend canceled an agreement to purchase a week with a major developer. She had paid 10% down with credit card. She mistakenly received two refunds - one via the credit card account and one via a check, which she promptly deposited.

1. Has anyone here had a similar experience?
2. If the developer discovers their mistake via a future audit, does she have to pay them back?

Some of these developers make a tremendous profit. I'm not especially sad to see someone possibly profit from their mistake.

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copper

TUG Member

Posts: 245
From: Terrace Lakes, Idaho
Registered: Dec 2003

posted 05-24-2005 07:42     Click Here to See the Profile for copper   Click Here to Email copper     Edit/Delete Message   Reply w/Quote Post A Reply
quote:
Originally posted by Wahoo Josh:
Late last year, a friend canceled an agreement to purchase a week with a major developer. She had paid 10% down with credit card. She mistakenly received two refunds - one via the credit card account and one via a check, which she promptly deposited.

1. Has anyone here had a similar experience?
2. If the developer discovers their mistake via a future audit, does she have to pay them back?

Some of these developers make a tremendous profit. I'm not especially sad to see someone possibly profit from their mistake.



Never had the experience and IMO your friend has an ethics problem. It doesn't matter how much profit a developer makes, when you sink to their level you are just as bad as they are.

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IAMTHEWALRUS

TUG Member

Posts: 89
From: MILWAUKEE, WI.
Registered: Apr 2005

posted 05-24-2005 07:49     Click Here to See the Profile for IAMTHEWALRUS     Edit/Delete Message   Reply w/Quote Post A Reply
Honestly speaking, I don't know if I would return the money, until they asked. But if the mistake is discovered, she will have to return it. She has no defense.

Odds are that the mistake will be discovered. So if I were her, I wouldn't go spending it all.

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ON A QUEST TO VISIT ALL 50 STATES.

7 TO GO...

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theunitrep

TUG Member

Posts: 166
From: Vista, CA Own at: Westin Ka`anapali, Sheraton Mountain Vista and Parkway International
Registered: Feb 2004

posted 05-24-2005 10:03     Click Here to See the Profile for theunitrep   Click Here to Email theunitrep     Edit/Delete Message   Reply w/Quote Post A Reply
Wouldn't a 10 percent down payment on a timeshare purchase from a major developer be a significant amount -- more than $1,000?

It would be pretty difficult to explain how a person didn't realize getting two refunds of this size.

Jerry

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judyjht

TUG Member

Posts: 863
From: Massachusetts. Own Cape Cod Weeks 33 & 34
Registered: Dec 2001

posted 05-24-2005 11:26     Click Here to See the Profile for judyjht   Click Here to Email judyjht     Edit/Delete Message   Reply w/Quote Post A Reply
You could play just as dumb as they do they they take your money!!

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Judy

Visit my website

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IAMTHEWALRUS

TUG Member

Posts: 89
From: MILWAUKEE, WI.
Registered: Apr 2005

posted 05-24-2005 12:32     Click Here to See the Profile for IAMTHEWALRUS     Edit/Delete Message   Reply w/Quote Post A Reply
Playing dumb won't cut it in court. She'll lose. Whether she realized it or not, she received moeny she wasn't entitled to, and will have to give it back.

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ON A QUEST TO VISIT ALL 50 STATES.

7 TO GO...

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tonyg

TUG Member

Posts: 7052
From: East Canaan, CT -- Own at:Royal Mayan, Seapointer
Registered: Dec 2000

posted 05-24-2005 19:57     Click Here to See the Profile for tonyg   Click Here to Email tonyg     Edit/Delete Message   Reply w/Quote Post A Reply
Give them seven days to rescind their double payment. Oops, they already went by the rescission period. Odds are that if they haven't caught it by now they may never find it and even if they do, whoever made the mistake might not want to bring it up. If they do ask for it back, pay them after a week or two of researching. Perhaps it's unethical, but I have wasted enough time in stores trying to convince people that I was undercharged or given too much change.

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There is a very fine line between "hobby" and "mental illness."

***
http://www.cancundiningguide.com/

[This message has been edited by tonyg (edited 05-24-2005).]

[This message has been edited by tonyg (edited 05-24-2005).]

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busymom_of4

Non Member

Posts: 174
From: Oregon- *Owner of Worldmark*
Registered: Apr 2002

posted 05-24-2005 21:18     Click Here to See the Profile for busymom_of4   Click Here to Email busymom_of4     Edit/Delete Message   Reply w/Quote Post A Reply
We had a very similar experience once when selling our car. We sold it to a dealer. We owed 13,200 and a few dollars. We sold them the car for $13,500, so we should have gotten a check for a little over $200.

One day I got the mail. The first envelope I opened was a letter from the bank thanking me for paying off my loan. The next one was a check for $13,500 from the dealer. I drove down to the dealer to get the right check and the owner came out and was very appreciative. He gave me a tank of gas, and a leather atlas. I call it my $13,000 atlas. I know I had to give it back, but it was fun to imagine what all I could do with the $.

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Zac495

TUG Member

Posts: 454
From: Limerick, Pa
Registered: Jul 2004

posted 05-25-2005 04:56     Click Here to See the Profile for Zac495   Click Here to Email Zac495     Edit/Delete Message   Reply w/Quote Post A Reply
I would keep it for 2 - 3 weeks to be sure they didn't
A: cancel the check
B: Cancel the credit card refund

THEN, I would give it back. It's wrong to lie and steal . Period. How do we teach our kids if we don't do the same?

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Cheers,
Ellen

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PerryM

TUG Member

Posts: 1577
From: Ballwin, MO, Park Plaza in Park City; WorldMark &TrendWest; RCI Points; Windjammer tall ship; SA, Summit Watch
Registered: May 2002

posted 05-25-2005 06:03     Click Here to See the Profile for PerryM   Click Here to Email PerryM     Edit/Delete Message   Reply w/Quote Post A Reply
Interesting problem; involves ethics and incompetence on the developer’s part. (Sounds familiar doesn’t it?)

Eventually they will catch the mistake – make no mistake about that. So this money is under her protection – don’t lose it or spend it.

It also has IRS problems – if she keeps it and years later the developer finds the mistake they will contact her and perhaps the IRS if she gives them any static.

Return the money but ask for a 10% reward – she will be spending time on the phone with someone to straighten out this mess. Then don’t be surprised if they “find” the mistake again in the future and bill her a second time.

Make sure she gets a letter from them requesting the money back and that this ends the matter. She then sends a check and that becomes proof of her compliance. Keep copies of the credit card bill and this letter in a folder for at least 3 years.

That 10% reward will pay her for her time. (If she ever gets it). If not a reward perhaps the developer can offer some sort of compensation – her good deed for the year will cost her time and some expense - she will deserve this reward.

Perry

[This message has been edited by PerryM (edited 05-25-2005).]

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