# Westgate & Cancelling but no paperwork!



## forreal14 (Nov 10, 2015)

We signed a contract Saturday (11/7/15) with Westgate in Gatlinburg TN and had second thoughts after all the bad reviews. 
I went to pull out my paperwork and look at cancelling my contract yesterday. NOT A SINGLE PIECE OF PAPERWORK. Only the crap paper of scribbles that make no sense that our sales rep was writing on. Nothing with our signatures or any sort (we did it electronically but expected copies or CD!!) So now, double not happy. Very shady. 
From reasearch, it looks like we have 10 days to rescind in TN. However, we have no paperwork to do so with!!! 
I called yesterday and someone said they'd call me back. Nothing. 
We live in TN and the property we signed with is in Gatlinburg TN. 
Can anyone help me to what I need to say and how where I send to get out of this? I do not like being lied to.


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## DeniseM (Nov 10, 2015)

They HIDE the recession paperwork.  In your binder there is a secret pocket closed by velcro right down the inside spine of the binder.  Pull it open and you will find the paperwork.

*ALSO - Do NOT call then again. * 

You CANNOT rescind over the phone, and they will only lie to you and delay, so you run out of time.  You must rescind in writing.

Here is a picture:  http://tug2.net/timeshare_advice/westgate-cancellation-secret-pocket.html


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## forreal14 (Nov 10, 2015)

Wow. I looked all through that binder. Thank you, you were indeed right on. It is most definitely hidden!!! This makes me want to cancel even more. Sneaky!!! 
Will not call again. And tell my husband to avoid calls as well. What is funny is they were already trying to upsell us (which is what originally put doubts in my mind about them), but yet couldn't bother with helping to find paperwork. Grrr.


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## DeniseM (Nov 10, 2015)

It's really tempting to call, but don't do it, because calling has no legal standing, and may actually muck up your recession.

You need to rescind by mail, and then patiently wait for the refund.  

Don't call them, and don't accept their calls.  

They are not your friends:  they will pull out all stops to try to get you to change your mind.


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## forreal14 (Nov 10, 2015)

I am sending my rescinding letter tomorrow. It doesn't say WHAT to send with the letter. Should I just send the letter and/or copies of ALL the paperwork? Or just certain partsof the paperwork. 
Also, we received a tablet with our binder. Should I send that back with the letter or separately to the resort? I saw a couple of different answers in the thread. I sure don't want to be charged $200 it.


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## DeniseM (Nov 10, 2015)

Here are all the details about rescinding and a sample letter:

http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html

Include a copy of the main page of the contract.

Don't send the tablet or binder with the letter.  Send them separately, insured, return receipt requested.

*I moved your last post back to this thread.  For the sake of continuity, please post in this thread.


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## TUGBrian (Nov 11, 2015)

ha...and the "security folder" works as intended for yet another new owner!

glad you found the site in time to discover the "pocket" and rescind!


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## csxjohn (Nov 11, 2015)

You have at least 10 days in TN but do not delay.

http://www.nolo.com/legal-encyclope...ights-special-protections-50-state-chart.html

Click on the word Tennessee for the details.


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## theo (Nov 11, 2015)

csxjohn said:


> You have at least 10 days in TN but do not delay. <snip>



To be more precise, OP has no more than than 10 days from contract execution --- not at least 10 days, but I otherwise certainly agree with the advice to not delay. 
Westgate is, in my opinion, simply an outfit to be avoided like a communicable disease.


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## csxjohn (Nov 11, 2015)

theo said:


> To be more precise, OP has no more than than 10 days from contract execution --- not at least 10 days, but I otherwise certainly agree with the advice to not delay.
> Westgate is, in my opinion, simply an outfit to be avoided like a communicable disease.



The question is, when does the clock start ticking?  In TN it's when you get the public offering statement which it sounds like the OP did not get, and by law, they are supposed to provided it no later than at signing.

Then you have the 15 day cancellation period if you did not make an onsite inspection, but buying where you are staying probably implies the inspection was made in this case.

TN is so different from other states that some resellers on eBay will not sell to residents of TN.

http://www.nolo.com/legal-encyclopedia/tennessee-timeshare-foreclosure-right-cancel-laws.html

The main thing, as you pointed out, is to do it now!!


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## forreal14 (Nov 11, 2015)

The post office was closed today. But the letter is ready to go tomorrow.


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## theo (Nov 12, 2015)

forreal14 said:


> The post office was closed today. But the letter is ready to go tomorrow.



... *by certified mail*. Save the date stamped receipt which will be issued at the USPS counter. You can also get "return receipt requested" for your own peace of mind, but the truly important and most critical piece is obtaining (and retaining) *proof of postmark date* of your rescission letter.


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## carl2591 (Nov 12, 2015)

*Westgate in Gatlinburg TN*

just another good reason they are called wastegate ..  hiding the paper work in the spine.. I am surprised the attorney generals of every state they operate in has not come out and made them put the paper work in plain view in the folder. guess the payoff have been working??

David Segal and bunch of theives at it again.  

want to see what you almost help finance.. check out "Queen of Versailles" Stars Jackie & David Siegel 

congrats on finding TUG and getting out of that hell hole.. not the resort it self just buying from the developer of the resort.. plus if you had bought and then in a couple years tried to sell you would not have been able to from what I understand.. they drag the feet on ROFR, right of first refusal, killing the deal most times. 

not a good bunch to be associated with but i know the "fanboys" will come on and sing the praises of them. 

send a complaint to the Tenn AG and just let them know how slimy the developer is.. when they get enough complaints they might do something.


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## forreal14 (Nov 12, 2015)

theo said:


> ... *by certified mail*. Save the date stamped receipt which will be issued at the USPS counter. You can also get "return receipt requested" for your own peace of mind, but the truly important and most critical piece is obtaining (and retaining) *proof of postmark date* of your rescission letter.



I work in a web based business so I do certified mail often and get commercial pricing. So there's a record in my shipping program - also took photos of it just in case. Dropped it off at the post office in person as well. Covered all my bases.


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## theo (Nov 13, 2015)

*Unfair and unfounded...*



carl2591 said:


> just another good reason they are called wastegate ..  hiding the paper work in the spine.. *I am surprised the attorney generals of every state they operate in has not come out and made them put the paper work in plain view in the folder. guess the payoff have been working??* <snip>



IMsHO, it is entirely inappropriate and outright insulting to suggest for one moment that the slimy likes of David SeaGull or his money, stooges, or attorneys could ever actually "pay off" *any* Attorney General's office. The mere suggestion is completely unwarranted and just simply absurd, with all due respect. 

Step back and take a historical view. Not many years ago, state rescission rights *did not even exist **at all*. Today, those laws are in place and require that rescission rights be provided to the buyer at time of purchase. *Regardless* of the state, *only* Wastegate seems to have adopted this underhanded "*provide, but hide*" approach. 

With first hand photos of the Westgate "hidden pocket" from actual buyers now easily and universally available on the Internet, we can only hope that the buying public may become better educated about sleazy Wastegate sales practices. There are simply too many much bigger problems to tackle at the legislative level before amending statutory language in a multitude of states for *one* isolated bunch of greedy parasites who are (IMnsHO, anyhow) lower than whale excrement on the ocean floor.


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## carl2591 (Nov 14, 2015)

*Westgate Resort, Orlando Fl, Timeshare Westgate Resort*

I hear what you are saying and due realize that was a wide sweeping comment I meant no disrespect to the AG office. 

But I do realize that big money operations, Waste, Westgate,  has a way of getting stuff by that might not fly without some outside considerations. 

Not saying the AG office is turning a blind eye to this blatant form of sleeze, but i do believe unless more pressure is applied externally to the AG office this practice of hiding the paperwork will continue. 

So how can we effect change.. maybe send messages to the local new outlets telling them of the folks that come to TUG trying to find info about how to rescind the contract only to learn here of the hidden pocket of paperwork.  

We should encourage the buyers or former buyers to also, after sending in the rescind paperwork, go to the florida AG website to lodge a complaint. 

 (we (TUG) could have links to AG pages needed as well, when we are telling them of the hidden paperwork compartment). 

Maybe then this inappropriate method of delivering paperwork will change.. 

whatdayousay..


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## carl2591 (Nov 14, 2015)

double post.. watching the NC State vs Florida state game at same time...


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## Jason245 (Nov 14, 2015)

carl2591 said:


> I hear what you are saying and due realize that was a wide sweeping comment I meant no disrespect to the AG office.
> 
> But I do realize that big money operations, Waste, Westgate,  has a way of getting stuff by that might not fly without some outside considerations.
> 
> ...


1. They call it a security pocket so your paperwork doesn't accidentally fall out.

2. The news outlets don't care. ..

3. They have a large lobbying organization and they even convince their owners to pay into that org (5 dollar fee anyone).. which they used to change florida law last year to their benefit. 

4. Most of the public is willfully ignorant on timeshares.

5. Westgate doesn't care about bad pr on net. 

6. Westgate doesn't care about their current owners. 

7. Westgate only cares about people's opinion of their poduct for the 3 hours needed to sell it to the customer.  

Sent from my SAMSUNG-SM-N910A using Tapatalk


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## billymach4 (Nov 15, 2015)

*YouTube video?*

I thought there was a YouTube video on this secret pocket as well?


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## carl2591 (Nov 16, 2015)

*Westgate Resort, Orlando Fl, Timeshare Westgate resort*

Truer word were never typed..  

It's a shame a company does not care about it owners only their pocket. 

glad i NEVER got sucked into the wastegate drama and NEVER will..

I did send an email to a orlando sentinel reporter who has done a couple articles on WestGate wrong doings.. 

Dooing threads here on TUG especially with "WestGate Timeshare" in the title helps them find more info and figure oiut to find and rescind the crap contract that will be a PITA for EVER.. 





Jason245 said:


> 1. They call it a security pocket so your paperwork doesn't accidentally fall out.
> 
> 2. The news outlets don't care. ..
> 
> ...


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## forreal14 (Nov 18, 2015)

Update so far: 
According to tracking, my letter was received Monday. Ironically, I received a letter today postmarked Monday welcoming me to the Westgate Family. :annoyed:


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## csxjohn (Nov 19, 2015)

Just keep the original copy of when you mailed it, that's all that matters at this point.


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## forreal14 (Nov 19, 2015)

I received this email today. Should I respond?? 

QUOTE:

The corporate office sent me an email saying that you have requested to rescind your real estate transaction with Westgate. I am concerned because you did not try calling me to discuss any questions you may have or other options Westgate may have for you to help you if you had financial concerns. Please email me back with a brief explanation as to why you have made this decision. Since I am in charge of your account with Westgate, I have to type out a report to send to the corporate office. It is imperative that you get back to me.


Thank you,
Cherie Shannon
Closing Officer
865-430-4800 Ext. 85679


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## Passepartout (Nov 19, 2015)

I wouldn't. All they will do is try to dissuade you, or browbeat you by saying your reason isn't good enough. At the most, you might just say you are exercising your right to rescind for personal reasons you can't elaborate on.

Jim


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## Ty1on (Nov 19, 2015)

forreal14 said:


> I received this email today. Should I respond??
> 
> QUOTE:
> 
> ...



It is NOT imperative that you get back to her, and you owe no one any explanation.  I know you know this, I just wanted some typing practice.


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## Jason245 (Nov 19, 2015)

forreal14 said:


> I received this email today. Should I respond??
> 
> QUOTE:
> 
> ...


I would reply as follows :

Thank you for acknowledging receipt of my recision of this timeshare. According to the contract and the law, you are required to refund my monies by xxxxx.

I appreciate your assistance in processing my refund as quickly as possible. 

Sent from my SAMSUNG-SM-N910A using Tapatalk


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## vacationtime1 (Nov 19, 2015)

Don't write; don't call.

You have done everything you are legally required to do.

You have absolutely nothing to gain by engaging further with their sales staff.

And congratulations for dodging a bullet.


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## ziravan (Nov 19, 2015)

Wow.

Isn't it awesome to dodge a bullet. It's almost like a superpower.

Thanks, TUG.


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## theo (Nov 19, 2015)

*Yessa!*



vacationtime1 said:


> Don't write; don't call.
> 
> You have done everything you are legally required to do.
> 
> You have absolutely nothing to gain by engaging further with their sales staff.



Well said. There is absolutely no point in *ever* again engaging these parasites by phone, email, follow up correspondence, smoke signals or telepathy. 
They are merely trying to pry back open a door that you are lawfully slamming shut on them, in a futile attempt to save their sale (and commission). 

OP now simply needs to just sit back and let the rule of law prevail.


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## forreal14 (Nov 20, 2015)

Thank you for the advice!
I did not reply and won't. Hopefully soon I can sweep this under the rug. 
So glad I found this forum. 

PS: Now I know why there was no wifi and poor service in the building. They don't want you doing research on them there. Then you get home and start doing research only to realize that only half of what they tell you is true. They rush you so quickly and talk in circles, you think you're getting this awesome deal. I'm not usually one to give in to that...however; we were told and promised things that simply were not true.


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## radar-ds3 (Dec 27, 2015)

forreal14, I'm glad you got out in time.  I've been an unhappy Westgate owner for 5 years now because I didn't research beforehand.  Unhappy because of what I paid anyway.  I wish I would've found TUG this time 5 years ago.  Thankfully, I'm getting a new timeshare for practically nothing thanks to what I've learned from reading all the posts and articles here.


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## LannyPC (Dec 27, 2015)

So what's happening with the one you bought five years ago?  Will you now own two?


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## radar-ds3 (Dec 27, 2015)

I still use the one I bought 5 years ago.  I purchased it because my mother really enjoyed the place.  With the price I paid for it, I figure I'll use it until the HOA fees get too high or until my mother no longer wants to go there.

I have a co-worker that is practically giving me his Wyndham timeshare in Florida because he is tired of paying the HOA fees and his family is tired of going there.

I don't think I'll ever acquire another timeshare from Westgate in the future.  I've gotten really good at saying no during their sales meetings too.


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## Tonya Daniel (Dec 1, 2019)

DeniseM said:


> Here are all the details about rescinding and a sample letter:
> 
> http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html
> 
> ...


I just searched my binder and there is no hidden compartment I will be looking on the disk when I get home and sending this letter tomarrow. Tomarrow will be 3 days since we signed paperwork to buy so I'm still in my grace period. My question is where do I send binder and tablet back to and when. Do I send it back at same time I send letter or a few days later. Also I've seen the sample letter do I also need to include a copy of our signed documents or just the letter itself with account number and all info on it. Please help I need to get this done asap so I can stop worrying and be able to sleep


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## GT75 (Dec 2, 2019)

Tonya Daniel said:


> My question is where do I send binder and tablet back to and when. Do I send it back at same time I send letter or a few days later


You can sent that back snail mail a few days later.     That isn't the critical item.



Tonya Daniel said:


> Also I've seen the sample letter do I also need to include a copy of our signed documents or just the letter itself with account number and all info on it.


Include a copy of the page with the contract number.    Ensure that you follow the instructions and all party's sign the paperwork who signed the original purchase.


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