Class action vs Westgate?

Having been burned by Westgate Vacation Villas arbitrary, unilateral policy change that requires 'seasonal fees" when changing weeks from those owned I am interested in bringing legal action against them. One person fighting a $500 fee and the loss of value on one unit makes no economic sense but there are thousands of owners who have been harmed.

Here is my justification for such a suit:

1. The fees have no relation to the actual value of the weeks owned. Westgate rates the weeks per the following:

Premium: 6, 7, 14, 15, 26, 51, 52
Off Season: 5, 8 -13, 22 - 25, 27 - 34, 47
Value: 1 - 4, 16 - 20, 35 -46, 48 -50

To change a 'Value' week to an 'Off Season' week costs $500. To change a 'Value' week to a 'Premium' week costs $750.

In terms of demand it means that changing a April - May week (Value 16 - 20) to the far less desirable July - August week (Off Season 27 - 34) would cost $500. That makes no sense in terms of the actual desirability of the weeks. I suspect that Westgate has calculated their scheme to produce the most revenue without regard to fair treatment of owners.

2. This policy change has significantly reduced the value of properties owned by fixed week owners. Nothing in the contract allows Westgate to take actions that reduce the value of owner's assets.

I think that such a suit has merit. Note, that I am not an attorney.

If enough others are interested I suggest that we form a committee to search out suitable representation. Perhaps it can be done on a contingency basis since our goal is reversal of the policy, not financial gain.

Any interest? If so, I will publish an email address that you can use to contact me and we will take it off this BB.

Your really frustrated

Suing Westgate or any timeshare company is a very frustrating experience that will never come to an end. The normal practice of the timeshare industry is to waste time, appeal and waste more time until you go away.

Westgate has it's own legal department and they are pros at making you go away. The best thing you can do is forgive yourself for believing the sales person and buying a value week or off season week.

My suggestion is to call Interval International and ask them when you have to deposit your week so that you may travel red time/ peak season. Typically, deposit your time as soon as you pay your maintenance fees (Oct/Nov). Request your vacation 59 days or less in advance of your arrival time. Do this for all vacations including your home resort. You will pay the exchange fee only.

Or, use II Getaways. They are a pretty good value and you don't have to deposit your ownership time to use them.

Good Luck

JayGeeBee said:

To change a 'Value' week to an 'Off Season' week costs $500. To change a 'Value' week to a 'Premium' week costs $750.

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You have a choice:

1. pay westgate an upgrade fee and get what you want
2. buy 2-3 hours from an attorney and get nothing in return
3. class action lawsuits require thousands of hours (@$250 per hour) attorney fees

You purchased a timeshare unit. As long as you have use of that unit during the week you purchased you are getting what you paid for. Westgate units had very little resale value way before this policy was started and this policy has had no effect on resale value.

Nothing in the contract states that they cant change internal trade policy. Your point about demand of weeks is wrong. Weeks 16-20 do have less demand than weeks 27-34 hence the surcharge to trade into those weeks.

Many resorts have internal trade systems that charge a fee to change from one season to another.
Why should an owner who purchased a cheap off season week be able to internally trade that week for a high demand week? Anyone who purchased strictly on that thinking made a mistake from the start.

As much as I dislike WG, your argument isnt valid.

Class Action, Shmasss Action.

Class action vs Westgate?

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What is it about timeshare ownership & RTUership & exchanging & so forth that brings out our inner impulse to go to court?

I mean, we don't go more than a day or 2 without seeing more new TUB-BBS entries about lawsuits & class actions, etc., against various timeshare companies & timeshare exchange companies -- WestGate, Wyndham, Marriott, RCI, & I don't know what-all.

Sheesh.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

Losing battle - figure out how to beat THEM at their game

While no one hates Wastegate more than I (or at least I haven't found that person yet) trying to battle them in a lawsuit is money down the drain. Instead use your week, sell it (hopefully by getting them to ROFR it even if you don't really have a buyer or if they really don't have ROFR as, in most cases if you bought before 2002, they don't) or figure out a way to make it a value without paying the fees they unilaterally and unfairly instituted over the past couple years.

As suggested use an exchange company - RCI weeks or Points is preferred as they only take your DEEDED week - otherwise II will accpet, who knows why as you own a deeded week, anything Wastegate gives them for exchange and you can be sure it won't be as good as what you own. II of course says they can't do anything about it, II is only one very small step above Wastegate in complete disdain for owners and members rights. If you can avoid both by all means do so - otherwise make the best of a bad situation.

But, as much as I'd like to, I'm afraid trying to beat the slime at Wastegate with a lawsuit simply isn't worth the effort or money required.

timeos2 said:

While no one hates Wastegate more than I (or at least I haven't found that person yet) trying to battle them in a lawsuit is money down the drain.

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So I assume that you are not a member of the David Siegel fanclub?

http://www.ripoffreport.com/reports/0/258/RipOff0258080.htm

Weaselgate?

Vacation Dude said:

So I assume that you are not a member of the David Siegel fanclub?

http://www.ripoffreport.com/reports/0/258/RipOff0258080.htm

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Look at my weasel/Seagull avatar to get an idea of my opinion of that convicted bag of sleaze. I wonder how many minutes it will take to have the Seagull pseudo celebrity photos ripped down when he is gone? What a pompous laughingstock he is.

timeos2 said:

Look at my weasel/Seagull avatar

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I was wondering what that picture was. I guess I need an avatar too.

I Can't Quite Make It Out.

timeos2 said:

Look at my weasel/Seagull avatar to get an idea of my opinion of that convicted bag of sleaze.

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Shux, I thought it was a picture of Nemo hiding in some seaweed -- not that there's anything wrong with that.

How about posting an enlargement, so we'll have a fuller appreciation of the mini-pic that's used as avatar ?

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

No matter how bad David S of Westgate may be, he can't compare to the ultimate scumbag Bernie Madoff.



This is the guy who single handedly ripped off more than $15 Billion from mainly Jewish charities and foundations.

Class Action

Getting back to topic - My wife and I would gladly participate in a class action as well. The trick is finding all the people who got burned.

timeos2 said:

Look at my weasel/Seagull avatar to get an idea of my opinion of that convicted bag of sleaze. I wonder how many minutes it will take to have the Seagull pseudo celebrity photos ripped down when he is gone? What a pompous laughingstock he is.

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I think it would be better with a weasel instead of a seagull

Sorry for the belated reply.

I own at Westgate and was affected when they brought the 'value' weeks into being as my week was then included.

I find that if I search on Interval I can exchange my so-called 'value' week for various weeks during the peak season, just paying the exchange fee and not the extra Westgate fees. So no point in exchanging via Westgate.

On that old chestnut of Westgate annoyances again, I recently noticed that Expedia are offering package vacations including a studio at Westgate with paying upgrades to a one bedroom, two bedroom, etc. When we bought our Westgate we were shown a unit where one half was a 2 bedroom and the 'lock-off' part was a 1 bedroom with a separate bedroom. But we found we actually bought a 2 bedroom with a studio lock-off. When we booked the lock off to stay in later that year, we were surprised not to have a separate bedroom, queried it, and were told that there are no one bedroom units at Westgate Lakes. Well either Expedia are offering something that doesn't exist, or Westgate haven't told us the truth.

Truth? What Truth? We don't need to give no stinkin' truth!

Jollyhols said:

or Westgate haven't told us the truth.

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Given the organization we are discussing I believe you have covered it with that statement.

Truth? What Truth? We don't need to give no stinkin' truth!

timeos2 said:

Given the organization we are discussing I believe you have covered it with that statement.

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Oh my goodness!!!! You are just too funny!!!! I think you are right, I don't think there is anyone who hates them more than you!!! :hysterical:

Vacation Dude said:

No matter how bad David S of Westgate may be, he can't compare to the ultimate scumbag Bernie Madoff.

This is the guy who single handedly ripped off more than $15 Billion from mainly Jewish charities and foundations.

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They are on the same level my friend.

timeos2 said:

Given the organization we are discussing I believe you have covered it with that statement.

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I might have a disagreement with you on Westgate. There is NO ONE that hates that bunch more than I!

Moodyblues said:

I might have a disagreement with you on Westgate. There is NO ONE that hates that bunch more than I!

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I think "timeos2" is the official winner of the "I hate Westgate more contest"

Vacation Dude said:

I think "timeos2" is the official winner of the "I hate Westgate more contest"

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I agree......i think timeos2 is the "official" winner....after reading all of his posts all over this board, he never misses the opportunity to trounce on westgate and their illegal and unfair practices!!! :rofl:

TamaraQT said:

I agree......i think timeos2 is the "official" winner....after reading all of his posts all over this board, he never misses the opportunity to trounce on westgate and their illegal and unfair practices!!! :rofl:

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Is this part of it ? Just curious.
http://online.wsj.com/article/BT-CO-20090423-721395.html

K

Kola said:

Is this part of it ? Just curious.
http://online.wsj.com/article/BT-CO-20090423-721395.html

K

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Wow!! I dont know if that article is part of it or not. I assume it is. I can't believe I bought into Westgate. I wish I would have found this site sooner. But I did get a good deal. Enough to tolerate them for now!!! I got one of those .99 deals. If necessary, I may be able to pass it off for what I paid for it. But I dont think I will part with it that easy. I would have to have a very unhappy vacation experience in order to let it go. It trades well thru II so I think its a keeper.....well....... at least for now

timeos2 said:

As suggested use an exchange company - RCI weeks or Points is preferred as they only take your DEEDED week - otherwise II will accpet, who knows why as you own a deeded week, anything Wastegate gives them for exchange and you can be sure it won't be as good as what you own. II of course says they can't do anything about it, II is only one very small step above Wastegate in complete disdain for owners and members rights. If you can avoid both by all means do so - otherwise make the best of a bad situation.

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Guess what - Westgate now will STOP an exchange thru II.

got so mad.

so this year staying at Westgate - and boy will everyone know it. Giving my westgate to a charity.

really, really hate it. try to tell everyone not to even trade to Westgate because of those sharks.

so glad the attitude for Westgate has changed. before got some nasty comments about my attitude toward Westgate.

The sad part is some still want to think Westgate can be trusted

spiceycat said:

Guess what - Westgate now will STOP an exchange thru II.

got so mad.

so this year staying at Westgate - and boy will everyone know it. Giving my westgate to a charity.

really, really hate it. try to tell everyone not to even trade to Westgate because of those sharks.

so glad the attitude for Westgate has changed. before got some nasty comments about my attitude toward Westgate.

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Amen sister!

The truly sad thing is to see some naive buyers (such as the poor suckers buying into the Planet Hollywood Tower of Terror) actually think Westgate will deliver what they are promised and will be fair to deal with as owners. We who actually have OWNED a Westgate know it simply will not happen and do our best to dissuade those being conned by slick presentations & high pressure from parting with tens of thousands of dollars they will certainly live to regret.

Keep on fighting the good fight as those who poo poo the warnings today will at some point realize the terrible choice they made and are unlikely to come back and say "you were right". If we save a few from the evil that is Wastegate we've done all we can - you can't protect people from every danger. At least we've tried to warn them.

spiceycat said:

Guess what - Westgate now will STOP an exchange thru II.

got so mad.

so this year staying at Westgate - and boy will everyone know it. Giving my westgate to a charity.

really, really hate it. try to tell everyone not to even trade to Westgate because of those sharks.

so glad the attitude for Westgate has changed. before got some nasty comments about my attitude toward Westgate.

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Wait....let me get this straight.....so now owners of Westgate can only travel to Westgate resorts? No more deposits into II??? You cant deposit and travel somewhere else unless its a Westgate resort?? So what are the II offices doing at Westgate if they won't allow you to exchange? This is getting crazier by the ninute!!!! Are you serious?? Please explain this to me so I know I am reading this correctly. I am in the process of purchasing and too far gone to back out now. Since I plan to travel to Orlando only for the next 2 or 3 years, then it works for me....but if I wanted to go to a different resort then you are telling me they wont take a Westgate deposit??? Only Westgate will take it??? OH DEAR!!!!!