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Will Legal Action Help Me Get Rid of my TS?

DeniseM

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Q:
What enticed you to go on the timeshare tour in the first place? What did you and your wife like about the idea of owning a timeshare in Orlando? Did you accept the first offer or did you wait for the salesperson to negotiate a second or third offer? Did you get a brand new unit in a new building or something that was previously owned. Is it deeded every year usage of every other year? What size unit? How much are the annual maint. fees? Why did you regret your purchase after you first returned home?

Miss Marty - The OP doesn't want to keep their timeshare, and making the payments is a financial hardship for them. They have already started the process to deed it back or let it go into foreclosure. Please see the other posts in this thread for all the details.
 
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Miss Marty

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prosam

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You got email
 
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Miss Marty

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Yes, I read all the posts in this thread!

I was asking prosam for more information
regarding his timeshare tour and purchase.

When you swipe a credit card or take out a loan to make a t/s purchase, you probably don’t think of it as a test of your integrity or reliability. You’re more interested in how you’ll feel vacationing in your Fl timeshare.

Creditors don’t care about your personal happiness/hardships or quality of life. They just want to recover the money they lent you with interest.

People have to decide what they are willing to sacrifice.
 

DeniseM

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Miss Marty - I know you are trying to help, but please be cautious about recommending a service that you are not personally familiar with.

The OP has already send a letter offering the deed in lieu of foreclosure, and the ball is now in Westgate's court.

Since the OP is already having financial problems, I'm not sure that hiring an attorney is feasible, or necessary at this point in time.
 
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prosam

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Just got a call from what looks to be a shady company, your timeshare genie. How did they get my information? They promised to be able to rent my timeshare or outright sell it.

While I was on the call I googled them and found a ton of complaints and I told her about it and told them to take me off their list. She immediately hung up.

But their not even trying. Their website is full of broken images and a mess. You would think scammers would want to at least look professional.
 

DeniseM

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Just got a call from what looks to be a shady company, your timeshare genie. How did they get my information? They promised to be able to rent my timeshare or outright sell it.

While I was on the call I googled them and found a ton of complaints and I told her about it and told them to take me off their list. She immediately hung up.

But their not even trying. Their website is full of broken images and a mess. You would think scammers would want to at least look professional.

We ALL get calls like that - whether or not we have a timeshare for sell/to get rid of. Some people think that timeshare employees steal and sell owner info. Frankly, someone at Westgate may have sold your info to them after they received your deed back request.

The scammers put little effort into their presentation, because as soon as they get busted under one name, they are going to close up shop and re-open under another name. Also, many of them are actually located outside the US and English is not their first language.

At this point in time, and with the strain on your finances, I don't think that it is in your best interest to pay money to anyone, to "get you out of your timeshare."

-If Westgate decides to accept your deed back - Westgate will process it - not a "rescue company" - no matter what they may tell you.

-If Westgate decides to foreclose on you - what is a "rescue company" going to do, besides take more money from you?

Either way - Westgate will handle the transaction, and you just have to stand tough.

Please keep us up to date on the process - it will help so many people!

BEST OF LUCK! :hi:
 
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prosam

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We ALL get calls like that - whether or not we have a timeshare for sell/to get rid of. Some people think that timeshare employees steal and sell owner info.

They put little effort into their presentation, because as soon as they get busted under one name, they are going to close up shop and re-open under another name. Also, many of them are actually located outside the US and English is not their first language.

At this point in time, and with the strain on your finances, I don't think that it is in your best interest to pay money to anyone, to "get you out of your timeshare."

-If Westgate decides to accept your deed back - Westgate will process it - not a "rescue company" - no matter what they may tell you.

-If Westgate decides to foreclose on you - what is a "rescue company" going to do, besides take more money from you?

Either way - Westgate will handle the transaction, and you just have to stand tough.

Please keep us up to date on the process - it will help so many people!

BEST OF LUCK! :hi:
Gotcha. Will do.
 

prosam

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Westgate just called again, also got an email from them earlier. Same girl. She was nicer this time. She was told to let me know that my deed back request was not accepted. I told her ok, and that I'm willing to go into foreclosure, if that is the case. She again tried to convince me not to do it because my credit would be affected. I said I'm ok with that because I cannot afford it.

I expressed my dissatisfaction with the salesman's lies and she promptly quoted what I was already told by you guys, that the contract does not cover anything said by the salesman. That it was my duty to read it and be informed as to what I was signing. I told her I understood and do take the blame for my negligence.

I guess I should expect a phone call everytime I get an email. 2 emails, 2 calls on the same day in subsequent weeks.
 
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DeniseM

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Now that the parameters are clear, I would not accept any more of their calls - let them leave you a message if they have anything new to say.
 

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Now that the parameters are clear, I would not accept any more of their calls - let them leave you a message if they have anything new to say.
Good idea. *proceedstosavephonenumbersoastoknowwhoiscallingandnotanswer *manthatwaslong lol
 

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Their target victims are older people that don't typically look things up on the internet.
 

theo

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Since WG has refused the deed back request there is a way to stop the phone calls from them. Send WG a certified letter as detailed in the link below.

https://www.consumer.ftc.gov/articles/0149-debt-collection

With all due respect, that's probably a waste of time and effort. Since the OP initiated (...and sadly, will continue to "enjoy") a "business relationship" with Westgate, I don't believe that WG is obligated to honor a FTC "do not call" request, debt collection efforts aside and notwithstanding.

I'd be delighted to be mistaken and would gladly stand to be corrected, but that's my understanding of FTC "opt out" eligibility.
 
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Ty1on

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Do not Call under FDCPA is different than your standard DNC list. If they receive a DNC letter, they are prohibited by law from calling you. If you are in your workplace, you simply have to tell them it is a work phone and no letter is required. They can mail collection demands and any other necessary correspondence.

Collectors are fined per call for phoning people who are, or should be by notification, on their do not call list, and they take it very seriously. An analogy would be the fact that Wastegate doesn't pull shenanegans on rescission letters (once the victim has found the form and sent it within the rescission period).
 

gmarine

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With all due respect, that's probably a waste of time and effort. Since the OP initiated (...and sadly, will continue to "enjoy") a "business relationship" with Westgate, I don't believe that WG is obligated to honor a FTC "do not call" request, debt collection efforts aside and notwithstanding.

I'd be delighted to be mistaken and would gladly stand to be corrected, but that's my understanding of FTC "opt out" eligibility.


You will be delighted to know that you are mistaken. :D It is not an FTC do not call request. It is the Fair Debt Collection Practices Act and WG does follow the law on this one.
 

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So I just got this in the mail. Should I be concerned they are sending me to a collection agency? Will that change the way this shows up on my credit report? I don't intend on paying it regardless just wondering if this changes anything
 

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DeniseM

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By law, the recession info. is supposed to be in your purchase packet, but it may be in fine print, or even nearly hidden.
 

DeniseM

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Rescinding = the legal right to cancel your timeshare purchase within a certain timeframe as prescribed by law. For all the details, see the other posts in this thread.
 

prosam

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Rescinding = the legal right to cancel your timeshare purchase within a certain timeframe as prescribed by law. For all the details, see the other posts in this thread.
Oh, yes I remember that but can you explain what that has to do with the letter they sent? I was mainly asking about being handed over to a collection agency.
 

DeniseM

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I'm sorry - I responded to one of your earlier posts.
 

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So I just got this in the mail. Should I be concerned they are sending me to a collection agency? Will that change the way this shows up on my credit report? I don't intend on paying it regardless just wondering if this changes anything
Well, seeing as how the letter says "We may send you to a collection agency," then yes, I think you could be concerned about that. I can't say how it will impact your credit report, but I'm guessing it's a bigger ding than just a late or missed payment.
 

prosam

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Well, seeing as how the letter says "We may send you to a collection agency," then yes, I think you could be concerned about that. I can't say how it will impact your credit report, but I'm guessing it's a bigger ding than just a late or missed payment.
That's exactly why I am asking because I got that "ding" comment a few times in this thread and am wondering if this is now going to be MORE than a ding seeing as they are sending me to collections. The foreclosure will happen regardless but will the collection agency add more of a hit to the credit report? I'm going to call them and see what this means.
 

prosam

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Just got off the phone with a Rep. I was not aware of this and wanted to inform everyone here. Westgate DOES NOT have a buy back deed in lieu of foreclosure program. They don't buy deeds back ever. According to this rep, financial hardship would only allow for a 2 month break in payments that would be added back towards the end of the payments.

How accurate is this information? Unless she was lying I guess it is accurate. So if anyone else on the forums ever asks. Wastegate WILL NOT buy back your deed. It's not even an option.
 
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