# [ 2014 ] Cancelling a Westgate Timeshare [merged]



## solecito

Hello,

I am new in this site, and I would like to take this opportunity to thank all for all the advices I have found here. Thanks for posting. I bought a time-share for Westgate Palace on March 12. Next day I realized it was a huge mistake and started to do some research about how to cancel it , thankfully I found out about the 10 day cancellation period. I sent a letter through UPS and I requested a signature on delivery, however the letter arrived today, UPS confirms that it was delivered, however they didn't get a signature. I send another letter today (it is the 6th day) through Canada Post. I am just wondering if there is something else I should do. Should I keep sending them letters? I send the letter to the address in the contract:
-Westgate Palace, L.L.C.
2801 Old Winter Garden Road
Ocoee, Florida 34761

and additionally I sent one to the hotel 6145 Carrier Drive
Orlando, Florida 32819
 and to another address that I found in the documents I received. just in case.

5601 Windhover Dr.
Orlando, Florida 32819

This is the first letter I sent them:

To whom it may concern,

We want to cancel our contract immediately with Westgate Palace L.L.C. / Westgate Resorts, Inc. to purchase a timeshare interest in the Westgate Palace; Contract/Account Number XXXXXXXXXX-XXX .We are exercising our legal right to cancel this contract. We expect a full refund of our down payment of $XXXX US dollars. Do not make any additional charges to our credit card. Please confirm our legal rescission in writing.
Pursuant to Section 721.07(06), Florida Statutes, and as stated in the “Contract for Purchase and Sale” (item 4 of the terms and conditions) signed on March 12, 2014 we are entitled to ten (10) calendar days after the date we signed the contract (Contract/Account Number: XXXXXXXXXX-XXX signed on March 12,2014) to cancel any timeshare contract that we have entered into and we are therefore notifying you in writing as required by the Florida Statutes, that we are hereby cancelling the contract to purchase a timeshare at your property known as The Westgate Palace, 6145 Carrier Dr. Orlando, Florida 32819. Due to this cancellation we expect that the $XXXX (US dollars) total down payment that we paid using our credit card American Express ending in XXXX will be credited immediately upon receipt of this letter by you.
CC of this letter will be sent by certified mail return receipt requested to:

-Westgate Palace, L.L.C.
2801 Old Winter Garden Road
Ocoee, Florida 34761

- Westgate Palace, A time Share Resort
6145 Carrier Drive
Orlando, Florida 32819

Additionally, we are sending a written notice to Florida Investments, INC to cancel our authorization to debit our VISA credit card ending in XXXX.
-Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, Florida 32819

To clarify and confirm one more time, we want to cancel our timeshare contract immediately. Please provide us with a written response showing you have received this letter within the rescission period to our address on file: XXXXXXXXXXXXXX. Additionally, please provide us with the information we will require to receive our down payment back.

Please, any advise will be greatly apreciated.

Thanks,


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## Karen G

I think you're fine as long as you have the proof that you mailed your rescission letter within the time frame allowed.


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## Passepartout

As ng as you have proof that your letter was postmarked within the rescission period, you are good. I am not familiar with Canada Post. We have Certified that returns a card when the letter is delivered. Does Canada Post offer a similar service? No matter. I am sure they got it, but equally sure they will keep your money as long as possible- or legally allowed before returning it. You may not know for sure until you start getting calls from the sales retention people trying to save their commission. Just acknowledge that it is them, then hang up. No good can come from talking to them. They will offer specials, every other year ownerships, resales, foreclosures, then free extra vacations so the salesweasels have another chance at you.

Congratulations on your rescission, and Welcome to TUG. If the idea of timeshare still appeals, come back and learn how to do it right with honorable people and and low costs. 

Jim


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## solecito

Thank you for the answers, neither Canada post or UPS send you a card as proff of receipt, ou can only track the letter online and print a confirmation of delivery. So far I sent them two letters and I am thinking in sending a 3rd one, lol, my husband says I am paranoic. So now what, I just wait for them to call me, or should I call them and ask if they are processing my cancellation??


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## theo

*No phone calls!*



solecito said:


> Thank you for the answers, neither Canada post or UPS send you a card as proff of receipt, ou can only track the letter online and print a confirmation of delivery. So far I sent them two letters and I am thinking in sending a 3rd one, lol, my husband says I am paranoic. So now what, I just wait for them to call me, or *should I call them and ask if they are processing my cancellation??*



Do yourself a huge favor and *do not call these weasels under any circumstances*; phone conversation is completely meaningless anyhow, legally speaking. In addition, you would only unnecessarily subject yourself to their desperate attempts to now try to "sweeten the deal" and salvage the sale (...and their commission). There is little or no real value to a Westgate developer-direct purchase, so there is really no sufficient "sweetening" even humanly possible, truth be told.

Also, know in advance that they *will *call you, desperate to "salvage the sale". Do *not* take the call and do *not* speak to them. Let the law do its' work for you and stay as far away from Westgate as humanly possible, now and in the future. Westgate is simply "the worst of the worst" in the entire U.S. timeshare industry, in my personal opinion. That particular opinion is shared by many, many others as well, here and elsewhere.  

State law *requires* Westgate to process a timely, properly submitted rescission. They have no other option and no other choice, so there is no point in contacting them to "ask" if they are processing your rescission. They *must* do so. Period, amen. End of story.

Congratulations. You are avoiding a terrible mistake. 

P.S. The Ocoee, FL address is the correct one to use. There is no harm in using the other addresses as well, but no benefit or reason to do so either.

P.P.S. You should also contact your credit card company to notify them of a pending disputed charge. 
Know too in advance that it could conceivably take Westgate up to 45 days to process your refund.


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## solecito

*They already contacted me*

Well, I received a WhatsApp message from the guy who sold us the timeshare, stating that they received the cancellation letter and asking me what happened. I followed your advice and didn't reply and an hour later he said:
"k, never mind, have a nice day"

So I hope that I won't have to send the 3rd letter I had ready. Now I just sit and wait for my money, I guess.

Thanks all, I will let you know what happens.


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## julianna

*Did it work?*

What happened? Did they cancel your contract? Did you receive your money back?


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## Passepartout

He hasn't been back for almost a month. You can click on his blue username and send him an email.

Are you in the same predicament?


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## julianna

*Yes!*



Passepartout said:


> He hasn't been back for almost a month. You can click on his blue username and send him an email.
> 
> Are you in the same predicament?



Yes I am.  Today I mailed my rescind letter via express mail to the address:
Westgate Resorts LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761

This thanks to this forum.  I committed the mistake of calling and was told a lot of lies too... that I had to pay for the time of the closing agent and for the time of the seller and that my money would not be recovered.  He even told me a saying: "It's better to have a bad deal than a good fight" and offered me a lower monthly payment.  I said no and he told me he was going to refer my case to the legal department and that I could not rescind because my contract was a resale and it was different. I told him to proceed with that.

I will tell my whole story in a new thread for the record.


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## Passepartout

I hope you are within the allowed time period. Express mail wouldn't be my choice. Certified with return receipt would. It doesn't matter when they get it, the only thing that matters is the postmark of when the letter was sent. They have no choice but to honor the rescission and refund ALL your money IF that's within the rescission period. Even those slimeballs won't risk the ire of the FTC. I never cease to be amazed at the sheer nutz of those people to LIE, LIE, LIE!

Glad you found us in time.

Welcome to TUG


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## theo

*A minor point of clarification...*



Passepartout said:


> <snip> Even those slimeballs won't risk the ire of the FTC.



The FTC has no say or any other involvement in this particular matter of contract rescission. Are you maybe confusing this issue with the "Do Not Call" list, which is administered (...very poorly and ineffectively, I might add) by the FTC?

The right to rescind a developer-direct timeshare purchase is instead a matter of *state law*. This is exactly why there is such a wide range of rescission time periods among different states throughout the U.S., ranging from none at all, with most being 5-7 days, 10 days in Florida, up to 15 days (but that long only in Alaska).

Nonetheless, rescinding in time is certainly always a good thing.


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## Passepartout

theo said:


> The right to rescind a developer-direct timeshare purchase is instead a matter of state law.
> 
> Nonetheless, rescinding in time is certainly always a good thing.



Oops. I stand corrected. (maybe) I won't make that mistake again.


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## siesta

theo said:


> The FTC has no say or any other involvement in this particular matter of contract rescission. Are you maybe confusing this issue with the "Do Not Call" list, which is administered (...very poorly and ineffectively, I might add) by the FTC?
> 
> The right to rescind a developer-direct timeshare purchase is instead a matter of *state law*. This is exactly why there is such a wide range of rescission time periods among different states throughout the U.S., ranging from none at all, with most being 5-7 days, 10 days in Florida, up to 15 days (but that long only in Alaska).
> 
> Nonetheless, rescinding in time is certainly always a good thing.


Theo has it right, rescission is a matter of state law.  The FTC is federal.

complaints about do not call list always surprise me. But once I put my number in I stopped receiving all the calls.  Maybe YMMV.


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## redsoxmanny

*Cancelling*

So as many others on here, I am reading up to learn what I can about TS in all aspects.  Wish I had done this prior to buying, fed a bunch of lies from WG and now just learning how I can turn this hugggggggggggge mistake into something more positive.  Not sure if everyone gets it right on the 1st try, but still have so hope with the TS. Could trade in my week for 2 shortstays on II, getaways etc but still in shock how buying from resort itself and how much I could have saved resale amazes me.  The fact that you only have such a short time to cancel is another mind blower, you don't end of realizing how much they lied to you, overcharged you and how much they can care less till a lot later.  I purchased less than 2 months ago and still trying to find a way not to go crazy.


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## theo

*A different perspective...*



redsoxmanny said:


> <snip> The fact that you only have such a short time to cancel is another mind blower....<snip>



Not too many years ago, rescission rights *did not even exist at all* so frankly, it's all relative regarding your subjective perception of  "such a short time to cancel". 

Having multiple days after purchase (...whether it's 3,5,7, 10 or 15 days) to be able to reconsider and then reverse a bad financial decision is truly a *gift*, IMnsHO. 
Regardless of the previous lies, exaggerations and other assorted misrepresentations from sleazy, slimy sales weasels, if a buyer later fails to utilize that "gift" of rescission rights, presented to them *in writing* at the moment of contract execution, then I respectfully submit that said buyer really has no one else to later blame or attempt to hold accountable for their own personal failure to exercise the legal rights placed right in their lap, by formal written notice, at the very moment of contract execution.

Actually *reading* a multi-thousand dollar purchase contract should certainly occur before buyer's remorse (...and long before the expiration of rescission rights) arrives. 
Not to seem callous or unsympathetic, but there is very clear and direct personal accountability and responsibility here. If you choose to snooze then yes --- you lose.


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## solecito

Hi,

I apologize for not updating sooner.A few days after I sent the cancellation letter, I opened a ticket in their website, asking them to confirm if they had received my cancellation letter, and a lady replied confirming that the contract was cancelled.  A few days later, they refunded my money, but that's it, they didn't contacted me at all, except for the message the sales guy sent me (just one). I am sooooooo happyyyyyyy. Thanks to all who helped me.:whoopie:


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## luvtravellin

solecito said:


> Hi,
> 
> I apologize for not updating sooner.A few days after I sent the cancellation letter, I opened a ticket in their website, asking them to confirm if they had received my cancellation letter, and a lady replied confirming that the contract was cancelled.  A few days later, they refunded my money, but that's it, they didn't contacted me at all, except for the message the sales guy sent me (just one). I am sooooooo happyyyyyyy. Thanks to all who helped me.:whoopie:



What website and how do you open a ticket to follow up on your cancellation?
Eve


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## TUGBrian

Great news, so glad you found us in time!


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## Passepartout

luvtravellin said:


> What website and how do you open a ticket to follow up on your cancellation?
> Eve



The poster you are asking this has not been on TUG for almost 2 months. You might try clicking on their blue username and emailing them.

Jim


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## latindiva01

*any returned $? @solecito*

I read your story, and I see that they cancelled with no objections after you sent the letter. Did you have a down payment returned to you? I sent my letter this morning certified return receipt after I read all of this but today was the 8th day including weekends. I hope I have your luck, however I made a down payment and I'm struggling with changing my card number or not. I don't know if it will affect my return or if im better off losing my downpayment and at least not losing more money.


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## latindiva01

did you have a down payment ? if so did you get it back too? how long did it take them to cancel the timeshare? and return $ if there was one?


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## Karen G

latindiva01 said:


> I read your story, and I see that they cancelled with no objections after you sent the letter. Did you have a down payment returned to you? I sent my letter this morning certified return receipt after I read all of this but today was the 8th day including weekends. I hope I have your luck, however I made a down payment and I'm struggling with changing my card number or not. I don't know if it will affect my return or if im better off losing my downpayment and at least not losing more money.



Don't worry about getting your money back. If you cancelled within the rescission period the contract should be cancelled and the money refunded.  Notify your credit card company that the contract has been rescinded and dispute the charge. I'm not sure how many days they have to  credit the money back to you--maybe your credit card company can tell you.


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## propskis

*same problem*

The same thing just happened to me at the Smoky Mountain resort. I am preparing a rescission letter as I type this. I plan on shipping it to the address:

Westgate Resorts, LTD
2801 Old Winter Garden Rd
Ocoee, FL
34761

That is the address they put on the Public Offering Statement. I'm wondering if that's enough info on the address, or if I need a specific department to send it to.

Also, what I need to include in the shipment. I can't find a contract amongst my paperwork. I do have the deed though. Should I send that as well?


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## Karen G

propskis said:


> The same thing just happened to me at the Smoky Mountain resort. I am preparing a rescission letter as I type this. I plan on shipping it to the address:
> 
> Westgate Resorts, LTD
> 2801 Old Winter Garden Rd
> Ocoee, FL
> 34761
> 
> That is the address they put on the Public Offering Statement. I'm wondering if that's enough info on the address, or if I need a specific department to send it to.
> 
> Also, what I need to include in the shipment. I can't find a contract amongst my paperwork. I do have the deed though. Should I send that as well?


Just a rescission letter should be fine to start with. Be sure everyone who signed the contract signs the letter. If you have a notebook or some other book they want returned, maybe they'll mention it. Send it the cheapest way possible, but just be sure to get your letter mailed with proof of the date you sent it within the rescission period. This is the most important part!


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## propskis

Karen G said:


> Just a rescission letter should be fine to start with. Be sure everyone who signed the contract signs the letter. If you have a notebook or some other book they want returned, maybe they'll mention it. Send it the cheapest way possible, but just be sure to get your letter mailed with proof of the date you sent it within the rescission period. This is the most important part!



Ok thank you. Just to be clear, the letter itself doesn't need some type of stamp with a date? I just need to put the date on the letter and that's good enough? As long as the ENVELOPE/PACKAGE itself is dated that works?

Also, do they have to receive the package within 10 days? Or do I just need to have proof that I mailed it within the 10 days? Because it's a lot more expensive to send it with next-day delivery compared to 3-4 business days.

I'm a little extra worried just because Monday is Labour Day and I lose a day right there.


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## Passepartout

We are told there is a hidden pocket inside the notebook where the contract is found. With your signed rescission letter, include the sentence, " Promotional materials to be returned under separate cover". Then do it cheapest way. Like mule train. Or via China by slow boat.

Congrats on finding us in time, and acting on it.

Jim


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## propskis

The people who made this thread said they sent it from Canada Post and that it all worked out. But the Public Offering Statement says "By prepaid United States Mail"...

Is it still legal if I send it from Canada? Or do I have to mail it from the US?

Sorry for all the questions but I am freaking out right now


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## Karen G

propskis said:


> Ok thank you. Just to be clear, the letter itself doesn't need some type of stamp with a date? I just need to put the date on the letter and that's good enough? As long as the ENVELOPE/PACKAGE itself is dated that works?
> 
> Also, do they have to receive the package within 10 days? Or do I just need to have proof that I mailed it within the 10 days? Because it's a lot more expensive to send it with next-day delivery compared to 3-4 business days.
> 
> I'm a little extra worried just because Monday is Labour Day and I lose a day right there.


I don't know how the post office does it in Canada, but in the US you can sent letters by certified mail with an official receipt from the post office that is affixed to the envelope and you get a receipt that is date stamped at the post office. You are able to track the letter online and see when it was delivered.  You just have to have proof that mailed it within 10 days, not that the recipient received it within the 10 days. Mail it today and you'll be fine.


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## Karen G

propskis said:


> The people who made this thread said they sent it from Canada Post and that it all worked out. But the Public Offering Statement says "By prepaid United States Mail"...
> 
> Is it still legal if I send it from Canada? Or do I have to mail it from the US?
> 
> Sorry for all the questions but I am freaking out right now


Based on the other Canadian person's experience, I would think you're okay with mailing it from Canada. But, are you near the US border? If it's not a lot of trouble and it would make you feel better, drive across the border and mail it.


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## propskis

I'm real close to the border, but it's a long weekend and it gets crazy busy. I'm going to try and send it tonight from Canada, and if I don't hear anything back then I'll mail it from Detroit.

Just to be sure. I signed the deed on August 27 around 2pm. Does the 27th count as a day or is day 1 on the 28th?

Thank you all so much for the info. I am forever indebted for all the info you've shared. If all goes smoothly you can expect a nice donation to TUG from me. I plan on staying active on the boards so I can also be of service to anyone who gets screwed over by these clowns in the future!


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## solecito

latindiva01 said:


> I read your story, and I see that they cancelled with no objections after you sent the letter. Did you have a down payment returned to you? I sent my letter this morning certified return receipt after I read all of this but today was the 8th day including weekends. I hope I have your luck, however I made a down payment and I'm struggling with changing my card number or not. I don't know if it will affect my return or if im better off losing my downpayment and at least not losing more money.


Hello,

Yes I gave them a down payment, and the money was refunded to the same card I paid it with.


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## Karen G

propskis said:


> Just to be sure. I signed the deed on August 27 around 2pm. Does the 27th count as a day or is day 1 on the 28th?


I think day 1 would be the 28th.


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## solecito

Hi sorry that I didn't reply sooner. I actually mailed it through Canada Post and through UPS.


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## solecito

I set my letter from Canada through UPS and Canada Post as well. My conract was cancelled and my down payment refunded.


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## K_I_P

Hello,

I purchase a Westgate timeshare in Orlando on Aug 27.  I saw this forum and decided it was not a wise purchase.  I sent rescission letters to two addresses listed on the deed on Sept 2.  I then sent rescission letters to three addresses, two from before and the third from this forum on Sept 4.  All five letters were sent certified mail.  I see in many places that I need to follow the rescission instructions on the contract, however there are no instructions, and the people who sold this to me were not helpful.  I included the contract number, purchase dates, and quoted the Florida statute for cancellation.  Both my wife and I also signed the letter.  Do I need to worry about Westgate not canceling my timeshare contract?  Thank you.


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## Passepartout

K_I_P said:


> I included the contract number, purchase dates, and quoted the Florida statute for cancellation.  Both my wife and I also signed the letter.  Do I need to worry about Westgate not canceling my timeshare contract?  Thank you.



Welcome to TUG.

You should be fine. It appears you crossed all the 'T's. You'll know for sure when/if some clown from Wastegate calls to try to sweeten the deal/talk you out of rescission/or says your reason wasn't good enough. They have absolutely no pride.

Worry not. You have all the proof necessary to show your intent. You may want to formally contest the charge with your credit card provider. It has to be done in writing. Probably unnecessary, but worth a good night's sleep.

Glad we could help.

Jim


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## K_I_P

Passepartout said:


> Welcome to TUG.
> 
> You should be fine. It appears you crossed all the 'T's. You'll know for sure when/if some clown from Wastegate calls to try to sweeten the deal/talk you out of rescission/or says your reason wasn't good enough. They have absolutely no pride.
> 
> Worry not. You have all the proof necessary to show your intent. You may want to formally contest the charge with your credit card provider. It has to be done in writing. Probably unnecessary, but worth a good night's sleep.
> 
> Glad we could help.
> 
> Jim



Thank you.  I will listen for the phone calls, I believe the first round of letters arrive today.  I will dispute the charge on my new Westgate credit card, hopefully that goes well.

What a great site!


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## theo

propskis said:


> ...the letter itself doesn't need some type of stamp with a date? I just need to put the date on the letter and that's good enough? As long as the ENVELOPE/PACKAGE itself is dated that works?
> 
> Also, do they have to receive the package within 10 days? Or do I just need to have proof that I mailed it within the 10 days? Because it's a lot more expensive to send it with next-day delivery compared to 3-4 business days.



In the eyes of the law, the *only* date that matters is the *postmark* date, not a date you type on the letter, not the date of later receipt. This is precisely why it is recommended that you use certified mail at a U.S. Post Office; in  so doing you receive documentary proof of postmark date right then and there at the USPS counter.


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## virby

*Canellation Westgate*

I am new and learning to work this forum....


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## virby

solecito said:


> I set my letter from Canada through UPS and Canada Post as well. My conract was cancelled and my down payment refunded.





solecito said:


> Hello,
> 
> Yes I gave them a down payment, and the money was refunded to the same card I paid it with.



Hi! I purchased a timeshare from Westgate Orlando on Sept 25 and mailed my recission letter on Oct 1, certified mail, U.S. mail and 2 day mail. I did not have anything in my binder about cancelling and was told I would receive a CD within 6-8 weeks. My question for the people who have received a refund is, did you return the binder? If so, did you do it on your own or did Westgate contact you to send it back? I do not want to pay for a binder that I care nothing about. Thanks


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## K_I_P

virby said:


> Hi! I purchased a timeshare from Westgate Orlando on Sept 25 and mailed my recission letter on Oct 1, certified mail, U.S. mail and 2 day mail. I did not have anything in my binder about cancelling and was told I would receive a CD within 6-8 weeks. My question for the people who have received a refund is, did you return the binder? If so, did you do it on your own or did Westgate contact you to send it back? I do not want to pay for a binder that I care nothing about. Thanks



I received a letter from Westgate that they canceled my contract and they refunded my money, except for $50 for the binder (they state in the letter that they withhold this until the binder is returned).  I did not send back the binder when I sent the rescission letter.  I did send back the binder after receiving the letter, and I am waiting for the $50 to be refunded (it has been a couple of weeks).  I am trying to dispute this with the credit card; however they want me to first contact Westgate to see if this can be worked out. :annoyed:


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## Passepartout

virby said:


> Hi! I purchased a timeshare from Westgate Orlando on Sept 25 and mailed my recission letter on Oct 1, certified mail, U.S. mail and 2 day mail. *I did not have anything in my binder about cancelling and was told I would receive a CD within 6-8 weeks.* My question for the people who have received a refund is, did you return the binder? If so, did you do it on your own or did Westgate contact you to send it back? I do not want to pay for a binder that I care nothing about. Thanks



We are told that the contract and rescission instructions are *in a hidden velcro secured flap inside one of the covers of the binder*. The 'wait for the DC' business is a delaying tactic to get you to delay past the legally allowable rescission period. IMO, nothing in that binder is worth $50. Send it back.

Jim


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## Hunter007

*Contract cancellation with Westgate Las Vegas Resort*

I am new and have learned so much here. I too got sucked into the high pressure sales tactic and misrepresentation. Unfortunately, I am beyond the 5 calendar days recission period for NV. I was never given the POS but briefly mentioned by an Agent/notary. They managed to place a copy in the portfolio right before we were rushed out. I never even seen the statement on the contract during closing until I open my copies last night. Bottom line, the contract was not what I thought I signed up for after reading the fine print. HUGE lesson learned! Good thing is, i haven't paid a dime yet. Down payment of $2100 will be charged to my credit card on 11/17/14 but I have already cancelled my credit card. I do have a witness with me the entire time so he can support my position that the contract is not what I was promised. I sent my letters today certified to Westgate and NV Attorney General. Since I do have a witness who have heard all the lies and the promises, do I stand a chance of canceling my contract?


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## Passepartout

Hunter007 said:


> I sent my letters today certified to Westgate and NV Attorney General. Since I do have a witness who have heard all the lies and the promises, do I stand a chance of canceling my contract?



How far beyond the legit rescission period are you? If it's a day or two (some states allow 7-or more), you might have a chance. Expect Wastegate to play hardball. Letters, emails, phone calls. Don't answer them. They might turn you over to collection. They might turn in a bad credit report on you. If they do that, you have the right to file an explanatory letter. I guess at this stage, just play it as it comes. Even if you do suffer a 200 point ding to your credit report, after a couple of years, that can be improved, and you'll still have the 10's of thou$and$ Wastegate would have charged you for something that has zero financial value.

Keep us informed.

Jim


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## theo

Hunter007 said:


> <snip> I do have a witness with me the entire time so he can support my position that the contract is not what I was promised. I sent my letters today certified to Westgate and NV Attorney General. Since I do have a witness who have heard all the lies and the promises, do I stand a chance of canceling my contract?



Not offering a legal opinion, advice or prediction. I'll simply note that the written content of the contract you voluntarily signed is what truly matters in the final analysis. 

The verbal sales weasel drivel you (and / or your witness) may recall having heard floating around in the air beforehand has no particular legal meaning or significance.

I sincerely wish you luck, but you definitely have an uphill climb ahead with your signature voluntarily affixed to a valid contract, with the rescission period provided to you by state law having apparently already expired. Your unfortunate position is also not helped by the fact that in Nevada a rather impressive package of rescission (cancellation) rights and forms and notice materials is provided to the buyer at the time of contract execution. 

Again, I wish you luck; it's definitely worth expending some effort to at least *try* to get yourself out of any Westgate purchase.


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## Hunter007

*Canceling Westgate*

Thank you all for your insight. My contract was dated 10/18/14 ( Saturday) so my letter was on day 13th. Not a good thing. They were supposed to charge on card for the down payment of $2100 but never did. So thankful for that! I have a house and a car so I'm willing to deal with bad credit if I have to. With no money exchanged hand, I would think that any attorney would say the contract is not finalized. I am hoping for a favorable outcome. I will update you guys on it.


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## Saintsfanfl

Hunter007 said:


> Thank you all for your insight. My contract was dated 10/18/14 ( Saturday) so my letter was on day 13th. Not a good thing. They were supposed to charge on card for the down payment of $2100 but never did. So thankful for that! I have a house and a car so I'm willing to deal with bad credit if I have to. *With no money exchanged hand, I would think that any attorney would say the contract is not finalized*. I am hoping for a favorable outcome. I will update you guys on it.



Money doesn't have to change hands for a contract to be "finalized". It only needs to specify that money (or something else) is owed. Hopefully it ends up being a non issue in your case.


----------



## Saintsfanfl

Passepartout said:


> Even if you do suffer a 200 point ding to your credit report, after a couple of years, that can be improved, and you'll still have the 10's of thou$and$ Wastegate would have charged you for something that has zero financial value.



One can also file a dispute on the credit report. It used to be very easy to get something removed when they first implemented the law allowing removal but now it is more difficult with the result possibly being a note of dispute rather than removal. It might still be worth trying.


----------



## theo

Saintsfanfl said:


> Money doesn't have to change hands for a contract to be "finalized". It only needs to specify that money (or something else) is owed. Hopefully it ends up being a non issue in your case.



+1. While I decline to offer any form of legal advice or opinion on the OP's unfortutunate predicament, I certainly and sincerely hope that the OP will not choose to labor under the delusion that the contract is somehow magically invalidated merely by his or her having preemptively cancelled a credit card. It just ain't so. 

I wish you luck, OP. Your best (...maybe even your only) hope for contract cancellation now is that state AG involvement (if AG office opts to get involved at all in the first place, which is a very long shot in the absence of any actual, demonstrable legal wrongdoing by Westgate -- and no, lying sales weasels doesn't qualify) would be sufficiently unwelcome to Westgate that they *might* just voluntarily release you from your contract. Frankly however, I would *not* advise holding your breath while waiting for any such voluntary release or for any other unlikely miracle to unfold in your favor. Nonetheless, I wish you luck.


----------



## Hunter007

*Update*

Just as you said, WG will play hardball. Just got the letter from them (see below). I also got a letter from AG telling me they do not get involve with private citizen's complaint but provided addresses to the NV BBB and NV Real Estate Division as these agencies have authority and jurisdiction to assist me with my complaint.  I am sure I will have to live with the bad credit and wait for this to go to foreclosure but in the meantime, I will complain as much as I can for others to see before they make any purchases from wG. Below is the content of WG letter:

This letter is to acknowledge that we have received your letter of intent to cancel your contract of ownership with Westgate Resorts.  Though such requests are relatively infrequent in our company, we take each one seriously and handle it with the professionalism and courtesy demanded by the real estate laws and business ethics guidelines of the state in which you purchased.

Our corporation does not form the laws that regulate our business; they are created by the government, on both federal and state levels, to control the relationship we share.  As is stated in the contract documents you signed, you have a state regulated rescission period during which you may terminate this agreement for any reason.  After the rescission period has expired, both Westgate Resorts (seller) and you (purchaser) are bound by our contractual agreement.

Accordingly to either the postmark date of your request (if mailed by USPS) or the date of the receipt of your request by Westgate Resorts (if sent via any means) your state mandated rescission period has expired. Therefore, we cannot terminate our contract.  However, we look forward to serving you in the future and helping you understand the many wonderful opportunities and options you now have as a Westgate owner.

For further assistance, please feel free to contact the Owner Relations Department.


----------



## Hunter007

*Westgate open a credit line with Paypal under my name*

Hi all, I want to update my situation with Westgate. I was able to cancel my credit card before they charge my down payment.  Well this week I am shocked to open up mail from Paypal Credit in the amount of $2217 (down payment amount).  Transaction date 11/3/14 (my contract signed on 10/18/14). Credit line opened without my knowledge and authorization. I called to report I did not open the credit and they will be sending me forms to complete. Do any of you aware of this type of scam by westgate? I'm appalled as to the length of fraudulent action they have taken. Has this happened to anyone?


----------



## Passepartout

Interesting. But simply cancelling the credit card does not cancel the debt of a legally executed and signed contract.

Looking back at your Nov.11 post, the bottom line suggests you contact Wastgate's Owner Relations Dept. Did you?

It appears they are, as suggested, playing hard ball. Unfortunately, you seem to owe them money, and they have found a way to collect it.

Sorry for the reality check. You went beyond the rescission period, and they took advantage of the situation- all along saying, "We don't make the laws, but if they are to our advantage, we'll use 'em against you."

It might be time to figure out how to use your timeshare. Believe me, you are not the first, nor will you be the last TUGger to have paid retail for their first timeshare (actually it's about half of us). Some have even gone back to the developer for more. There is something to be said for nice vacations.

Jim


----------



## theo

*Repeating previous answers, raising new questions...*



Hunter007 said:


> I was able to cancel my credit card before they charge my down payment.  Well this week I am shocked to open up mail from Paypal Credit in the amount of $2217 (down payment amount).  Transaction date 11/3/14 (my contract signed on 10/18/14). Credit line opened without my knowledge and authorization. I called to report I did not open the credit and they will be sending me forms to complete. Do any of you aware of this type of scam by westgate? I'm appalled as to the length of fraudulent action they have taken. Has this happened to anyone?



We established previously that your rescission was submitted much too late to have to be honored and / or processed by Westgate (although "honor" is certainly a word which should *never* be used in the same sentence as the word "Westgate"). You later reported that Westgate subsequently also informed you of that fact, in writing. 
Another indisputable fact pointed out to you previously was that merely cancelling a credit card would not and does not in any way invalidate or otherwise reverse a signed and properly executed and valid contract, which is a legally binding instrument. 

That being said, what you now report as a recent development is a wrinkle I can't recall ever seeing reported previously. *IF* anyone at Westgate forged your signature on some sort of credit application (I'm not at all familiar  with "PayPal Credit" or its' procedures or practices), then you may very well have sound basis for a fraud case, at least for that one specific action. Are you crystal clear and certain regarding exactly what else you *may* have signed while in the presence of the Wastegate Weasels? 
Are you absolutely certain that you have, in your possession, copies of *everything* that you signed while on site and in the Westgate Weasels' clutches?


----------



## Hunter007

*PayPal Credit Line*

I reviewed all documents I signed and nothing indicating a credit line with any institution and/or financial terms for my cash down payment. I am making copies to send along with the form for Paypal to support I did not authorize credit line (and not responsible for account open by westgate).  I have long accept that westgate will drag my credit down due to lack of payment but open credit without your knowledge and consent is a fraud.


----------



## Shantell

*Westgate timeshare the worst*

I am now in Orlando for my son 9th birthday, everything was just find until I ran into Westgate sales person. The whole experience was confusing and with lost of pressure. Well I felt for it and last night I decided to go to the BBB. Website to check on Westgate well they are not accredited... Then I ran into this site where thanks to all the posting from everybody's experience I decided to cancels my time share. It has been 4 days since I sing my contract, I send the rescission letter from my hotel. I know they should get it on time I just hope everything work out for the best. I do have that stupid folder they gave me that I'm assuming has to be send. 

If any body have any advise please write back and this company has to be stop.


----------



## Passepartout

Shantell said:


> I am now in Orlando for my son 9th birthday, everything was just find until I ran into Westgate sales person. The whole experience was confusing and with lost of pressure. Well I felt for it and last night I decided to go to the BBB. Website to check on Westgate well they are not accredited... Then I ran into this site where thanks to all the posting from everybody's experience I decided to cancels my time share. It has been 4 days since I sing my contract, I send the rescission letter from my hotel. I know they should get it on time I just hope everything work out for the best. I do have that stupid folder they gave me that I'm assuming has to be send.
> 
> If any body have any advise please write back and this company has to be stop.



Shantell, Welcome to TUG. We are glad you found out the truth before it is too late. You should send your rescission letter certifies so that you have proof that it is sent in time. Be sure that everyone that signed the contract signs the rescission letter. Yes, the folder must be returned, or they will charge you something like $50. There is no hurry for that, send it by cheapest means.

They are obligated to process your rescission, but not to hurry about it or give you a progress report. They may take up to 45 days to return your money. They may (will) call you th try to save the sale. More 'specials' and lies. Don't answer it. In fact if you are still there, unplug the phone. No one you want to talk to will call on that phone anyway.

Congratulations! You just saved thousands of dollars!

Jim


----------



## Jason245

Shantell said:


> I am now in Orlando for my son 9th birthday, everything was just find until I ran into Westgate sales person. The whole experience was confusing and with lost of pressure. Well I felt for it and last night I decided to go to the BBB. Website to check on Westgate well they are not accredited... Then I ran into this site where thanks to all the posting from everybody's experience I decided to cancels my time share. It has been 4 days since I sing my contract, I send the rescission letter from my hotel. I know they should get it on time I just hope everything work out for the best. I do have that stupid folder they gave me that I'm assuming has to be send.
> 
> If any body have any advise please write back and this company has to be stop.



Just make sure you sent it certified (preferably with return receipt). 

As long as you have evidence as to the day it was mailed and that date mailed was within the recision, you should be fine.


----------



## TUGBrian

congratulations on finding us in time to rescind and save thousands!

Welcome ot TUG!


----------



## gtudor

Hello all, glad I found this site in time! Purchased from Westgate on 5/9 without doing my due diligence (dumb me, I know), thought I was getting a good deal (of course they will tell you anything) and after research found out it wasn't nearly as good, just wanted to show you all the letter I have typed up to see if it covers all of the information I need in order to have my account rescinded and get my money refunded. Please let me know if you need any additional information in order to help process my rescission.

(Me and wife's name)
(Mailing address)
(City, ST, Zip Code)
(Contact Number)
(Email Address)

Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, FL 32819
O: (407)351-3351
(Date of letter [today])

Attention Customer Service,

I am writing to express my intent to cancel my timeshare contract. My name is (my name) and I purchased a timeshare with Westgate Vacation Villas, LLC on 5/9/2015. As stated in the contract regarding this timeshare, I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of the state of Florida.
Timeshare: Westgate Vacation Villas XII
Owner: (My and my wife's name)
Contract Number: XXXXXXX-XXX
Date of Purchase: 05-09-2015

I’ve made the decision to cancel my contract for the following reasons:

1. I made the decision without adequate time to perform market research.

2. I have decided upon performing research that I am unlikely to use the timeshare to the fullest capacity. 

Again, I am cancelling my timeshare contract immediately. Please reply with a written response showing you have received my letter within the rescission period and are therefore cancelling my contract. I will also require the information needed to receive the full refund of my initial deposit.

Sincerely,

(My and my wife's name with signature below)


----------



## theo

*A few thoughts...*



gtudor said:


> Hello all, glad I found this site in time! Purchased from Westgate on 5/9 without doing my due diligence (dumb me, I know), thought I was getting a good deal (of course they will tell you anything) and after research found out it wasn't nearly as good, just wanted to show you all the letter I have typed up to see if it covers all of the information I need in order to have my account rescinded and get my money refunded. Please let me know if you need any additional information in order to help process my rescission.
> 
> (Me and wife's name)
> (Mailing address)
> (City, ST, Zip Code)
> (Contact Number)
> (Email Address)
> 
> *Central Florida Investments, Inc.
> Corporate Headquarters
> 5601 Windhover Dr.
> Orlando, FL 32819*
> O: (407)351-3351
> (Date of letter [today])
> 
> Attention Customer Service,
> 
> *I am writing to express my intent to cancel* my timeshare contract. My name is (my name) and I purchased a timeshare with Westgate Vacation Villas, LLC on 5/9/2015. As stated in the contract regarding this timeshare, I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of the state of Florida.
> Timeshare: Westgate Vacation Villas XII
> Owner: (My and my wife's name)
> Contract Number: XXXXXXX-XXX
> Date of Purchase: 05-09-2015
> 
> I’ve made the decision to cancel my contract *for the following reasons*:
> 
> 1. I made the decision without adequate time to perform market research.
> 
> 2. I have decided upon performing research that I am unlikely to use the timeshare to the fullest capacity.
> 
> Again, I am cancelling my timeshare contract immediately. Please reply with a written response showing you have received my letter within the rescission period and are therefore cancelling my contract. I will also require the information needed to receive the full refund of my initial deposit.
> 
> Sincerely,
> 
> (My and my wife's name with signature below)



1. Where exactly did you get that company name and address?   Is it actually specified somewhere within your cancellation instructions? I ask this question specifically because I *thought* the rescission address was historically Westgate, 2801 Old Winter Garden Rd, Ocoee, FL, but maybe something has changed. 

2. You are *cancelling*, not "expressing an intent to cancel". Change and clarify the wording accordingly. You are giving them direction --- not opening a conversation. 
You are exercising a right provided to you by state law --- say so and say so clearly. You're not asking for a personal favor, so tighten up the language accordingly.

3. You do not have to provide *any* reasons and probably shouldn't. Doing so just gives the sales weasels "material" to plan to work with when they call you later in an effort to "sweeten the deal" and salvage their disappearing sale and commission (don't even answer or return those likely inevitable desperate calls *at all* anyhow).

4. They are not obligated to provide *any* written confirmation or verification of any sort, despite your overt request for same. Their only obligation is to process your rescission and issue full refund of your deposit (the refund could take up to 45 days). They *might* send you something, but they are not legally obligated to do so.

5. Be sure to send your letter by certified mail and save your USPS date stamped counter receipt; this provides you with documentary proof of *postmark date*. 
Date of their actual receipt later matters not one bit.

You asked....


----------



## Passepartout

This is the address we've used successfully in the past:

Westgate Resorts LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761

Send it USPS Certified w/return receipt

No reason is needed. That only gives them ammunition to rebut your decision to rescind.

Welcome to TUG

Jim


----------



## gtudor

What about this then:

(Me and wife's name)
(Mailing address)
(City, ST, Zip Code)
(Contact Number)
(Email Address)

Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, FL 32819
O: (407)351-3351
(Date of letter [today])

Attention Customer Service,

I am writing to cancel my timeshare contract. My name is (my name) and I purchased a timeshare with Westgate Vacation Villas, LLC on 5/9/2015. As stated in the contract regarding this timeshare, I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of the state of Florida pursuant to Section 721.07(06), Florida Statutes, and as stated in the “Contract for Purchase and Sale” signed on May 9, 2015 we are entitled to ten (10) calendar days after the date we signed the contract (Contract/Account Number: XXXXXX-XXX signed on May 9, 2015) to cancel any timeshare contract that we have entered into; therefore, we are notifying you in writing as required by the Florida Statutes that we are hereby cancelling the contract to purchase a timeshare at your property known as The Westgate Vacation Villas XII, 7700 Westgate Blvd. Kissimmee, Florida 34747. Due to this cancellation we expect that the $XXX (US dollars) total down payment that we paid using our credit card Visa ending in XXXX will be credited immediately upon receipt of this letter by you.

Timeshare: Westgate Vacation Villas XII
Owner: (me and my wife's name)
Contract Number: XXXXXXXXXX-XXX
Date of Purchase: 05-09-2015

CC of this letter will be sent by certified mail return receipt requested to:

-Westgate Palace, L.L.C.
2801 Old Winter Garden Road
Ocoee, Florida 34761

- Westgate Vacation Villas, Phase XII
7700 Westgate Blvd.
Kissimmee, Florida 34747

Additionally, we are sending a written notice to Florida Investments, INC to cancel our authorization to debit our VISA credit card ending in XXXX
-Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, Florida 32819

Again, I am cancelling my timeshare contract immediately. Please reply with a written response showing you have received my letter within the rescission period and are therefore cancelling my contract. I also require the full refund of my initial deposit.

Sincerely,

(me and my wife's name with signature below)


----------



## Passepartout

Looks good to send, but don't expect the 'written confirmarion of receipt'. That won't happen- but if you send it Certified w/returned receipt, you get the confirmation from USPS. Whether they receive ir or not, all the law requires is for it to be postmarked by the end of the rescission period. Sleazy as they are, Wastegate won't trifle with a rescission letter. 

I wouldn't be surprised if a salesweasel, or supervisor, or some 'saver' tries to call and save the sale or delay your rescission, or cast some doubt on you when they get the letter. For your own peace of mind, don't answer the phone from anyone you don't know for a while. No good will come from talking to Wastegate.

Jim


----------



## theo

gtudor said:


> What about this then: <snip>
> 
> *Central Florida Investments, Inc.
> Corporate Headquarters
> 5601 Windhover Dr.
> Orlando, FL 32819*
> O: (407)351-3351
> (Date of letter [today]) <snip>



To repeat my earlier question, as yet unanswered, where exactly did you obtain this particular recipient name and / or address to which to send your rescission? 

I remain puzzled why your letter is neither addressed to Westgate Resorts nor sent to the customary and historical Westgate address of 2801 Old Winter Garden Road in Ocoee, FL. For a very long time now, this has been the appropriate (i.e., only) address and recipient for rescission of Florida purchases of Wastegate. Perhaps you have some material specifically instructing otherwise, but it is obviously important to ensure that your rescission gets sent to the *correct* recipient and the *correct* address.

In other words, if you purchased from Westgate Resorts, I fail to understand why your letter of rescission names "Central Florida Investments" as the primary recipient of your rescission letter. 

P.S. There is no point or benefit in sending anything to the resort where you purchased. Rescissions are processed at the corporate level, with no resort involvement.

P.P.S. Full refund of your deposit is a legally mandated component of a valid rescission, but rest assured there will be no "immediately" as you've requested. Be sure to return the "binder" and materials provided to you at contract execution, or they can (and will) will charge you $50 for failing to do so, taking that amount right out of your refund (it *could* potentially take up to 45 days before you actually see that refund issued but it will certainly take at least a few weeks in any scenario).


----------



## Passepartout

Theo, I was going to say pretty much what you did, but assumed (you know what THAT means) that the OP is taking the 'belt AND suspenders' approach. I saw the 'correct' address among his CC's. Sometimes it just FEELS better to pull the trigger on a shotgun than a sniper rifle.

His approach will get the job done and the Post Office can use the money.

Jim


----------



## gtudor

How long before I start getting phone calls and/or some sort of confirmation that they recieved my letter? Also probably should've asked this before but I didn't see anything that said contract number on my Warranty Deed and Lien on Real Property document. Can you guys advise if I did it correctly? If not, I have until tomorrow (10th day from purchase) to send an updated Rescission letter as they received the ones I sent last week on Friday.


----------



## theo

gtudor said:


> How long before I start getting phone calls and/or some sort of confirmation that they recieved my letter? Also probably should've asked this before but I didn't see anything that said contract number on my Warranty Deed and Lien on Real Property document. Can you guys advise if I did it correctly? If not, I have until tomorrow (10th day from purchase) to send an updated Rescission letter as they received the ones I sent last week on Friday.



As already stated previously, you won't necessarily get any "confirmation" of any sort, as they are under *no* legal obligation to provide any such thing at any time. 
They must, by law, process your rescission (cancellation) and issue you a refund within 45 days --- no more and no less.

I wouldn't worry about contract number. If your correspondence clearly and specifically identified the purchase being rescinded, that's all that ultimately matters. 

It is conceivable (...although unlikely) that you'll never actually get any desperate "save my sale" and "we'll sweeten the deal" phone calls from Westgate. 
The fact that you specifically cited applicable Florida law by specific statutory reference in your rescission letter might "label" you a well informed "lost cause" and beyond "salvation", in which case they'll just shrug their shoulders, sigh in disappointment and wait for the next sucker potential buyer to step into their lair of lies. 

Good job, well done. Really and truly, you just don't don't want *anything* to do with Wastegate; you're doing yourself a great service by rescinding.

P.S. I still have no idea on earth where or how or why you got that "Central Florida Investments" name and / or address.


----------



## gtudor

theo said:


> As already stated previously, you won't necessarily get any "confirmation" of any sort, as they are under *no* legal obligation to provide any such thing at any time.
> They must, by law, process your rescission (cancellation) and issue you a refund within 45 days --- no more and no less.
> 
> I wouldn't worry about contract number. If your correspondence clearly and specifically identified the purchase being rescinded, that's all that ultimately matters.
> 
> It is conceivable (...although unlikely) that you'll never actually get any desperate "save my sale" and "we'll sweeten the deal" phone calls from Westgate.
> The fact that you specifically cited applicable Florida law by specific statutory reference in your rescission letter might "label" you a well informed "lost cause" and beyond "salvation", in which case they'll just shrug their shoulders, sigh in disappointment and wait for the next sucker customer to come along  into their lair of lies.
> 
> Good job, well done. You really and truly don't want *anything* to do with Wastegate; you're doing yourself a great service by rescinding.
> 
> P.S. I still have no idea on earth where or how or why you got that "Central Florida Investments" name and / or address.



Sorry I didn't respond to that sooner, when I googled their corporate address, that's the one I found. It was also one of the addresses in my binder.


----------



## theo

gtudor said:


> Sorry I didn't respond to that sooner, when I googled their corporate address, that's the one I found. It was also one of the addresses in my binder.



I *believe* that the one and only correct address to have used for your rescission letter was 2801 Old Winter Garden Road in Ocoee, FL but, as Jim pointed out in post #65 above, the correct address was among your various "cc's ", so you got it covered in the end anyhow. Frankly, I don't believe that the Central Florida Investments address was / is appropriate or relevant for any rescission-related correspondence, but surely no real harm done.

What about the binder materials? If you fail to return them you'll likely get charged $50.00 --- they can and will do so. Before returning same to Ocoee, look for the infamous "hidden compartment", where you may belatedly unearth written rescission instructions and other materials which Wastegate didn't necessarily *ever* want you to find, let alone in time to rescind.


----------



## gtudor

I saw something about the hidden compartment, but the flap I found on the inside that was velcro'ed shut didn't have anything in it, but if there's an additional hidden compartment that I'm unaware of I'd definitely like to find it. I haven't sent back the binder yet, do I need to wait for something from them or just go ahead and send it back?


----------



## theo

gtudor said:


> I saw something about the hidden compartment, but the flap I found on the inside that was velcro'ed shut didn't have anything in it, but if there's an additional hidden compartment that I'm unaware of I'd definitely like to find it. I haven't sent back the binder yet, do I need to wait for something from them or just go ahead and send it back?



Personally, I'd just send it back to Ocoee now, since (...if you're lucky) you may hear *nothing* more from Wastegate until your rescission is actually processed. 
IMO, it's better to not give them any reason to withhold $50 from your refund, rather than have to ever communicate with them again at all later to get it back.


----------



## alimac65

*Cancellation of timeshare*



Hunter007 said:


> Just as you said, WG will play hardball. Just got the letter from them (see below). I also got a letter from AG telling me they do not get involve with private citizen's complaint but provided addresses to the NV BBB and NV Real Estate Division as these agencies have authority and jurisdiction to assist me with my complaint.  I am sure I will have to live with the bad credit and wait for this to go to foreclosure but in the meantime, I will complain as much as I can for others to see before they make any purchases from wG. Below is the content of WG letter:
> 
> This letter is to acknowledge that we have received your letter of intent to cancel your contract of ownership with Westgate Resorts.  Though such requests are relatively infrequent in our company, we take each one seriously and handle it with the professionalism and courtesy demanded by the real estate laws and business ethics guidelines of the state in which you purchased.
> 
> Our corporation does not form the laws that regulate our business; they are created by the government, on both federal and state levels, to control the relationship we share.  As is stated in the contract documents you signed, you have a state regulated rescission period during which you may terminate this agreement for any reason.  After the rescission period has expired, both Westgate Resorts (seller) and you (purchaser) are bound by our contractual agreement.
> 
> Accordingly to either the postmark date of your request (if mailed by USPS) or the date of the receipt of your request by Westgate Resorts (if sent via any means) your state mandated rescission period has expired. Therefore, we cannot terminate our contract.  However, we look forward to serving you in the future and helping you understand the many wonderful opportunities and options you now have as a Westgate owner.
> 
> For further assistance, please feel free to contact the Owner Relations Department.



I purchased a timeshare in Las Vegas for The lakes in Florida on 22nd May 2015 and wish to cancel. Being in the UK I cannot send a letter by USPS and don't think I can send it by any other means to get there in time by midnight on 27th May. Will they accept proof of postage from the UK Royal Mail or is that considered "if sent by any means" and therefore the date of receipt will be used? Also because I signed the agreement in Nevada do I get 5 days to cancel or 10 days because the property is located in Florida?

Many thanks in advance for any help you can give me.


----------



## Jason245

No idea.  Just to be safe I would send it via FedEx next day delivery and via royal post with some type of tracking and delivery confirmation  keeping all receipts to prove shipping date. Read the contract to confirm your recision period.


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## Karen G

alimac65 said:


> Being in the UK I cannot send a letter by USPS and don't think I can send it by any other means to get there in time by midnight on 27th May.


They most important date is the date you mail/send it, so you need some kind of written receipt showing that you sent it within the rescission period. Whether it's five or 10 days, I don't know, but I would suggest that you send off your rescission TODAY by whatever means you choose and keep the receipt.


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## alimac65

*Cancellation of timeshare*

Thank you guys for replying. I have emailed the four parties involved in the timeshare purchase rescinding the contract one of which is at the head office. I am also sending the original resciding document by both FedEx and DHL so hopefully one of those will get there in time.

I will post an update of my story....and it is a good one....and the outcome when I get any news. Fingers crossed!!!!  

I am not adverse to timeshare....just no one was willing to listen to what I wanted!!!!


----------



## Karen G

alimac65 said:


> I am also sending the original resciding document by both FedEx and DHL so hopefully one of those will get there in time.


It doesn't have to get anywhere "on time." The fact that you sent your rescission within the rescission time period and can prove it with your receipt is the key.

Do let us know what happens.


----------



## Trucks

*What next?*

"4. They are not obligated to provide *any* written confirmation or verification of any sort, despite your overt request for same. Their only obligation is to process your rescission and issue full refund of your deposit (the refund could take up to 45 days). They *might* send you something, but they are not legally obligated to do so."

We have sent the rescission letter registered mail for our timeshare folly to the Ocoee address as well as the place where we bought the timeshare. We returned the book here as well with a copy of the letter. We are within the 5 day period. I understand from all of the posts that this is all that has to be done and that they will probably not do it quickly or inform you that they have, so my questions is: How do I know that they have actually followed through with the rescission? Obviously I do not want to make a payment that would be due in the 45 day period. Do I just let it go past due and hope they have followed through?

Thank you everyone for all your information. You saved us!


----------



## Passepartout

About the only way to be sure is when the refund of your down payment is credited to your credit card or bank account (depending on how you tendered payment). Don't make any payments. It will just give them ammunition that you 'didn't really mean to rescind'.

Relax and go have a beer. Thieves and liars that Wastegate is, they won't go blatantly against the law.

Welcome to TUG. (just for the tally, how much did we save you?)

Jim


----------



## Trucks

Passepartout said:


> About the only way to be sure is when the refund of your down payment is credited to your credit card or bank account (depending on how you tendered payment). Don't make any payments. It will just give them ammunition that you 'didn't really mean to rescind'.
> 
> Relax and go have a beer. Thieves and liars that Wastegate is, they won't go blatantly against the law.
> 
> Welcome to TUG. (just for the tally, how much did we save you?)
> 
> Jim


Thanks! $18K


----------



## LannyPC

Trucks said:


> We are within the 5 day period. I understand from all of the posts that this is all that has to be done and that they will probably not do it quickly or inform you that they have, so my questions is: How do I know that they have actually followed through with the rescission?



Since this is the FL forum, I am going to assume that you bought in FL.  TBS and JFTR, you have 10 days to rescind.  That's probably a moot point right now seeing that you sent your rescission letter within five days.

As for knowing if they got your rescission letter or not, one sure-fire way to know is that a sales person or someone else from the resort will call you trying to get you to reverse your decision to rescind.  It's at this point that we advise all people here who ask about their rescission, to not take any phone calls from anyone you do not know while your rescission request is being processed.  The person might leave a message claiming that it's urgent for you to call back in order to proceed with the rescission.  NO! Stay off the phone.

And I'm glad that TUG helped save you $18,000 in addition to all the maintenance fees as well as what it might cost you to get rid of once you're tired of Westgate's antics.


----------



## Passepartout

+1 on not answering or returning unknown phone calls. No good can come of it. They'll counter any argument you have. These clowns are trained to 'save the sale'. 

If Timeshare still has interest to you, stick around TUG. Learn. Be an informed consumer. We suggest you rent a few times for upcoming vacations- in fact you can often rent for less than the cost of annual maintenance fees and with no ongoing obligation.

Glad we could help.


----------



## besitos0385

I need help I signed up with Westgate on Monday I than read all bad reviews and what made it worse me and my husband got hit with a hard inquiry on our credit after being advised they wouldn't pull our credit and they lied to our faces I was so upset. I didn't have to put a down upfront but I canceled my credit card and I also had sent letter the next day Tuesday certified mail usps  and I received notification it was received and signed for just to be sure on Wednesday I went to the timeshare resort in person with  my husband and provided the guy who notarized our contract Monday who I was advised was also management a copy of cancelation letter. At one point he mention the briefcase, I told him I know if I don't return it they will charge me 50.00 that I already read the reviews than he had the nerve to say of u read the reviews why are you here cause I came to give him letter I told him I just came for me.He than he left the office we were in and he came back advising me that he called corporate and was advised they received my letter than when I asked him if it was canceled he said yes than I ask if I can get a letter stating it canceled he said that has to do with corporate not him. On the way driving back home from Orlando after leaving there office I called and the representative on the phone advised me no that it has not been canceled as of yet! so again I was lied to. I am sending 2nd letter certified mail today with copies that shows that my 1st letter was received and signed for. My question is how long does it take for them to cancel my contract?  It Thursday and I'm still on my 10days


----------



## Passepartout

QUIT TALKING TO THEM! No good comes from talking to them. They got your letter. It will be cancelled. RELAX. It can take up to 45 days for a refund- but if you didn't give them anything to refund, just assume that it's a done deal. Sleazy as Wastegate is, they don't dare mess with a rescission letter. The law requires it, but the law doesn't require keeping you (the buyer) informed about the progress of the rescission.

They just lost an appeal of a suit for lying and promising things they couldn't deliver. $600,000 that cost them, so they may be stinging a little- but don't expect a skunk to change it's stripes.

Send their lousy briefcase back- it isn't worth $5, let alone $50.

Relax, go have a beer. Welcome to TUG. Now do some reading about resale timeshares. So how much did what you read on TUG save you?

Jim


----------



## Licha

*Need Help TOO*

So I bought mine July 26, 2015 and I just got to the conclusion that
this is a bad idea. 
I am sending all my info today.
What did they tell you about the materials that need to be sent back?
Can we send them back after the 10 day period?

Thanks


----------



## Passepartout

Licha said:


> So I bought mine July 26, 2015 and I just got to the conclusion that
> this is a bad idea.
> I am sending all my info today.
> What did they tell you about the materials that need to be sent back?
> Can we send them back after the 10 day period?
> 
> Thanks



Just add a note to the bottom of your rescission letter, "Promotional materials to be returned under separate cover." To our knowledge nobody will check, but send it parcel post, mule train, slow boat, smoke signals, or whatever you find cheapest, and keep the receipt showing it's been sent. 

Glad you found us.

Jim


----------



## Licha

Can you help me too?

I bought mine on July 26, 2015.
I am sending my letter today.

Is that okay?
What did they say about the material when do they need to be sent?

Thanks so much.


----------



## Licha

Thank you so much! I need to re do it since I already sealed the envelopes 
But, I did put on the letter " Where should I be sending materials that were given to me" Do you think that is okay?


----------



## Passepartout

Licha said:


> Thank you so much! I need to re do it since I already sealed the envelopes
> But, I did put on the letter " Where should I be sending materials that were given to me" Do you think that is okay?



It will probably be fine. Just keep the receipt you get when you send their crap back in case they try to withhold or bill you about $50 for it.

Now- get to the post office. Send it certified with return receipt to the address in Ocoee FL.

Oh in case you missed it in other posts, STAY OFF THE PHONE! Nothing good can come of any conversation with them.


----------



## Licha

Thank you so much. 
Do you think its okay to send it tomorrow the materials since
I am at work right now and do not have them.
They also gave me a tablet, I think I should be sending that
back too huh?


----------



## Passepartout

Send back everything that you don't want to spend $10's of thousands for. Insure the tablet. Keep the receipt.

As long as you send it within 7 calendar days, you can dilly-dally all you want, but the sooner it's gone, the better you'll sleep, and the sooner the 45 day clock starts to get your down payment back.

I can't understand why people come here all panicked, wanting help 'cause they spent many thousands of bux on something worth less than nothing, then want to wait until the last minute to cancel. It's like deer in the headlights.

Getcher stuff and send it back! Unless you make a helluva lot at work, you'll make more by mailing that rescission letter than you'll ever make working for a few hours.

Jim


----------



## Pole D

Happy to have found this place and this thread in particular.

Wife and I purchase a 2br 2ba biannual at Westgate Palace in Orlando just this past Wednesday, August 12.  Price was $10,215

Cancellation letter is being mailed today certified with return receipt.  Owner's kit is also going back separately.  I did not include a copy of the contract but included contract/account number, stated that we are cancelling, requested they refund the $500 deposit to my Discover card and we both signed the letter.  The letter was mailed to the Ocoee address per the “Contract for Purchase and Sale”.

So here is to hopefully saving $10,215! :whoopie:


----------



## Passepartout

Pole D said:


> Happy to have found this place and this thread in particular.
> 
> Wife and I purchase a 2br 2ba biannual at Westgate Palace in Orlando just this past Wednesday, August 12.  Price was $10,215
> 
> Cancellation letter is being mailed today certified with return receipt.  Owner's kit is also going back separately.  I did not include a copy of the contract but included contract/account number, stated that we are cancelling, requested they refund the $500 deposit to my Discover card and we both signed the letter.  The letter was mailed to the Ocoee address per the “Contract for Purchase and Sale”.
> 
> So here is to hopefully saving $10,215! :whoopie:



Congratulations!

It looks like you crossed the 'T's and dotted the 'I's. Pat yourself on the back and buy yourself a beer. You deserve it.

If TS still interests you, do some reading around TUG, and after you feel comfortable that you have the basics, rent a couple of times to get the feel for different systems, and if it still feels right, go shopping for a resale. No hurry, if you bought one tomorrow, it wouldn't be transferred into your name for this year's use, and resales are becoming more available, not less.

Welcome to TUG.


----------



## LannyPC

Pole D said:


> So here is to hopefully saving $10,215! :whoopie:



...plus maintenance fees, possible special assessments, other peripheral travel costs, a barrage of unsolicited phone calls promising to sell your TS for zillions of dollars, etc.

Speaking of unsolicited phone calls, you might receive one in the near future from the resort or sales person begging you to reverse your decision to rescind.  We TUGgers usually recommend to people in your position to not take any phone calls from unfamiliar numbers.  Remember, Westgate has up to 45 days to refund your money once it gets your rescission letter.  If you don't see a refund (or credit on your credit card) right away, don't panic and start calling the resort or Westgate headquarters because you will probably get put through the wringers again like you were when you attended that sales presentation.


----------



## Pole D

Passepartout said:


> Congratulations!
> 
> It looks like you crossed the 'T's and dotted the 'I's. Pat yourself on the back and buy yourself a beer. You deserve it.
> 
> If TS still interests you, do some reading around TUG, and after you feel comfortable that you have the basics, rent a couple of times to get the feel for different systems, and if it still feels right, go shopping for a resale. No hurry, if you bought one tomorrow, it wouldn't be transferred into your name for this year's use, and resales are becoming more available, not less.
> 
> Welcome to TUG.



TS does still interest my wife and I.  We should have taken a step back and really looked things over prior to making our mistake.  Luckily we are out of it now and we very much look forward to learning about them on this forum and learning how to best use the benefits that are offered by TS.


----------



## Passepartout

Pole D said:


> TS does still interest my wife and I.  We should have taken a step back and really looked things over prior to making our mistake.  Luckily we are out of it now and we very much look forward to learning about them on this forum and learning how to best use the benefits that are offered by TS.



First lesson: FORGET YOU EVER HEARD OF WASTEGATE! They are lying thieves with no redeeming qualities.


----------



## Pole D

LannyPC said:


> ...plus maintenance fees, possible special assessments, other peripheral travel costs, a barrage of unsolicited phone calls promising to sell your TS for zillions of dollars, etc.
> 
> Speaking of unsolicited phone calls, you might receive one in the near future from the resort or sales person begging you to reverse your decision to rescind.  We TUGgers usually recommend to people in your position to not take any phone calls from unfamiliar numbers.  Remember, Westgate has up to 45 days to refund your money once it gets your rescission letter.  If you don't see a refund (or credit on your credit card) right away, don't panic and start calling the resort or Westgate headquarters because you will probably get put through the wringers again like you were when you attended that sales presentation.




Yeah. I've already warned my wife about the possible phone calls.  Told her to just let everything go to voicemail.

Guess the next step is to call Discover and let them know that I am expecting a refund from Westgate and that I will be disputing the charge
if the refund isn't processed by Westgate.


----------



## theo

*Jailhouse escape...*



Pole D said:


> Happy to have found this place and this thread in particular.
> 
> Wife and I purchase a 2br 2ba biannual at Westgate Palace in Orlando just this past Wednesday, August 12.  Price was $10,215
> 
> Cancellation letter is being mailed today certified with return receipt.  Owner's kit is also going back separately.  I did not include a copy of the contract but included contract/account number, stated that we are cancelling, requested they refund the $500 deposit to my Discover card and we both signed the letter.  The letter was mailed to the Ocoee address per the “Contract for Purchase and Sale”.
> 
> So here is to *hopefully* saving $10,215! :whoopie:



Well done and congratulations! 

There is no "hopefully" necessary here. Westgate (like *any and every* U.S. developer direct-selling timeshares) is *required by applicable state law* to process a timely and properly submitted rescission (cancellation) and issue a full refund of any deposit paid (...although that last part *could* conceivably and lawfully take up to 45 days). 

You are wise and very fortunate to now be able to stay far, far away from the slimy likes of Westgate --- *forever*! If timeshares interest you, first spend a few *months* educating yourself on all the details and nuances. If you buy, do so only in the resale market (and not *any* Wastegate "product", even if available to you for *free*).


----------



## Pole D

Pole D said:


> Yeah. I've already warned my wife about the possible phone calls.  Told her to just let everything go to voicemail.
> 
> Guess the next step is to call Discover and let them know that I am expecting a refund from Westgate and that I will be disputing the charge
> if the refund isn't processed by Westgate.



Well things are going according to plan.  Here's the timeline:

Purchased on 8/12/15
Letter sent on 8/14/15
Letter delivered on 8/17/15
Phone call on 8/18/15

The guy who went through all of the closing documents with us called my wife.  You know the guy that the is licensed in FL and therefore is there to help us and is on our side.  The one that didn't point out that we had 10 days to rescind but instead told us when we sign the contract it's a done deal and there's no turning back.  Anyhow, my wife didn't answer and he left a message saying the letter was sent to him and that he needs to talk to her and or me so he can continue with the reimbursement of the down payment.  My wife is really tempted to call him back but I just keep telling her NO!

On an interesting note, I read the fine print of the "Contract of Purchase and Sale".  The last sentence of paragraph 4 "Cancellation of Contract" states "The refund shall be made within twenty (20) days of demand therefor by Purchaser, or within five (5) days after receipt of funds from the Purchaser's cleared check, whichever is later."

Now we'll wait for him to call again!


----------



## DeniseM

The Salesperson has NO control or input regarding your recession - a completely different department handles that - he has no say in it.

All he is doing is damage control - he is going to to whine, threaten, lie, cajole, sweeten the pot - what ever it takes to talk you out of rescinding and get his commission.

Don't call him - unless you want to be lied to again….


----------



## theo

Pole D said:


> <snip>...I read the fine print of the "Contract of Purchase and Sale".  The last sentence of paragraph 4 "Cancellation of Contract" states "The refund shall be made within twenty (20) days of demand therefor by Purchaser, or within five (5) days after receipt of funds from the Purchaser's cleared check, whichever is later."



All well and good, but that's a *more* stringent time frame than is identified within applicable law. A little research here on TUG will reveal to you a number of wise and happy rescinding Wastegate buyers who did not ultimately have their refunds firmly in hand for very nearly the full 45 days maximum which applicable law ultimately allows.

I hope that *your* refund is a promptly issued exception, but I wouldn't spend it quite yet...


----------



## Pole D

No worries.  We won't be answering the phone.


----------



## DoubleO8

*Copies of Contract??*

Are copies of contract needed to send back while cancelling during rescinding period?

Basically I sent letter of cancellation mentioning following:
 - Cancel membership
 - Our names and date of signing letter of cancellation
 - Owner Contract #
 - Unit/Week of contracts 

Should I also send "copies" of the original contract so there's no confusion as to who is trying to cancel? Or is the letter with contract # sufficient. I'm sending leather casing and all information packets inside back Certified but not overnight. 

Last thing is, I signed with the Westgate Resort credit through "Comenity" Bank (CFI ?). Should I send letter of cancellation to them as well. The website for the credit card does say that it is a Westgate Credit Card. 

EVERYTHING WAS SENT CERTIFIED PROOF OF DELIVERY!

Thanks for this site!


----------



## Passepartout

I'd send a copy of the signature page of the contract along with the rescission letter. Wastegate should cancel the financial side, but to be safe a letter to the bank to expect a rescission wouldn't hurt. And at the bottom of the rescission letter, add "Promotional Materials to be returned under separate cover". And send their junk back to the resort at your convenience (cheapest way). Keep the receipt. People have been charged for junk they don't want or can't use.

Glad you found us. Welcome to TUG

Jim


----------



## theo

Maybe an academic point, but since not specifically indicated I will state my hope that *all* signatories to the original contract *also* signed the letter of rescission.


----------



## DoubleO8

*Signatures*

Yes, I sent 2 letters of cancellation with leather casing to address on paperwork. One inside the leather case and one taped on outside of casing (lightly but firm, in case they b%*#h about me ruining the leather with tape). Also, a separate single letter with all information listed above to same address. Then, one more cancellation letter to 2nd Ocoee address that was mentioned just in case.  

That's 8 signatures (both me and wife) and dated cancellation letters.


----------



## Passepartout

You should be good to go. Don't be surprised if some weasel calls to try to change your mind, or offer to sweeten the pot. Best to not answer. No good will come from talking to them. They are trained to counter any argument you have.

Otherwise it can take up to 45 days to get your refund, and they are under no obligation to inform you of the progress. (make 'em sweat), so just don't worry. They are REQUIRED by LAW to process your rescission. 

Jim


----------



## DoubleO8

*Refund*

About being refunded... I "might" have lucked out. Specifically, because I didn't stay at the resort. I was sent in from agent at visitor center. I did sign the contracts to start billing me monthly rate of $310 (first payment in October) but they pushed the 6 month 0% interest "bill me later" option to pay off down payment of $2600. I walked out of there without having a penny taken just yet (LUCKY ME). Still, 45 days stretches past the my initial payment date on 10/7/2015. You think if they get cancellation this week they'll still charge my credit card just because?


----------



## Passepartout

DoubleO8 said:


> You think if they get cancellation this week they'll still charge my credit card just because?



I don't think it would happen out of spite or anything malicious, but billing and rescission are probably two different departments and one may not know what the other is doing. I'd notify the CC that a rescission is in process and that any charge from them will be contested. I'd call the CS number on the back- it might take written notice, but they'll tell you.


----------



## Pole D

Just wanted to update my timeline and let everyone here know how things turned out:

Purchased on 8/12/15
Letter sent on 8/14/15
Letter delivered on 8/17/15
Phone call on 8/18/15
Phone call on 8/19/15
Phone call on 8/20/15
Refund on credit card ($500) on 8/25/15
Received Welcome letter dated 8/25/15 from David Siegel on 8/31/15
Received Cancellation letter dated 8/25/15 on 8/31/15

So everything went according to plan on the cancellation except for two things that surprised me:

1. I received a charge-back on my discover card only 8 days after they received my rescission letter.
2. I actually received a letter form them telling me the contract was cancelled.

Thanks for all your help folks!  :whoopie:


----------



## Karen G

Pole D said:


> So everything went according to plan on the cancellation except for two things that surprised me:
> 
> 1. I received a charge-back on my discover card only 8 days after they received my rescission letter.
> 2. I actually received a letter form them telling me the contract was cancelled.
> 
> Thanks for all you help folks!  :whoopie:


Wonderful news! Thanks for coming back and letting us know how it all worked out!


----------



## Bembol

hello all..just send today the cancellation letter on the time timeshare i bought last september 6, 2015. i know i have 5 days to cancel the contract. but can anyone advise me what to do next? should i phone them or cancel my credit card. just thinking how they gonna send my refund on downpayment


----------



## DeniseM

You should do nothing but wait for your refund. 

Do not call them, and don't accept their calls.

Calling has no legal standing, and if you do talk to them, I guarantee that you will just get the hard sell all over again - they will do whatever it takes to talk you out of rescinding.

If you made the payment with a credit card - it will be refunded to the card.

Patience Grasshopper.


----------



## TUGBrian

I see at least a half dozen separate folks cancelling in one single thread, and $28k worth of confirmed savings.

love it!


----------



## Pole D

Bembol said:


> hello all..just send today the cancellation letter on the time timeshare i bought last september 6, 2015. i know i have 5 days to cancel the contract. but can anyone advise me what to do next? should i phone them or cancel my credit card. just thinking how they gonna send my refund on downpayment



Bembol - It's a very easy process.  Just go through this thread and follow what others have laid out.  It's all right here.  I did the exact same thing (also included my timeline) and it couldn't have gone smoother.

Once you follow the instructions on how to cancel then please make sure you don't take their calls.  This was my wife's toughest part.  I told her not to worry about the calls even though the voicemail messages would say they need to talk to us to proceed with the cancellation.  It's not true.  Don't listen to them.

Ask any questions you have here and I will try to answer/help but all you need to do is follow the thread.


----------



## Passepartout

TUGBrian said:


> I see at least a half dozen separate folks cancelling in one single thread, and $28k worth of confirmed savings.
> 
> love it!



And those are just the ones that report their rescission. I'd wager, though it would be totally impossible to really put a number on it, that the real number is a LOT bigger. By example, my 'Tuna class action free money' thread. It was only active for 3-4 days, but got almost 1,000 views. I suspect a bunch of those folks clicked the link, applied for the refund, and never said a thing. Now there is a big difference in how loudly one crows about getting $25 or $50 compared to using TUG wisdom to save $10,000-$20,000- but no doubt TUG saves thousands of people millions of dollars.

One of the greatest sites on the internet- TUG!

Jim


----------



## Bembol

is there any cancellation form that i should follow? i made my own format indicating my wish to cancel and included the copy of contract. i still have those they gave ( bag and promos)


----------



## Passepartout

Bembol said:


> is there any cancellation form that i should follow? i made my own format indicating my wish to cancel and included the copy of contract. i still have those they gave ( bag and promos)



I thought I'd drawn up a sample letter, but can't find it right now. It doesn't need to be technical or legalese. (look up in post 62-63 for ideas) You've hit the basics. Include a copy of the signature page. for identification purposes. Make sure all signers of the contract sign the rescission letter

Write "promotional materials to be returned under separate cover" on the letter- and then send their crap back- cheapest way possible. Send that to the resort and keep the postal receipt in case they try to charge you for it.

Send it to the Ocoee FL address.

Glad you found TUG in time. If timeshare has some appeal after you nget your money back, stick around, do some reading. Become an educated consumer, and most importantly---- But RESALE, Save Thou$and$!

Jim


----------



## TUGBrian

indeed, about to pay for some press releases announcing we topped the 7million in confirmed rescission money...hope that catches the eye of more owners!


----------



## hive@usa.com

how to add PHOTOS?


----------



## hive@usa.com

HELLO EVERYBODY!!! (my timeshare story and cancelation ON TIME!)

1st. I want to say DON'T BUY TIMESHARE NEVER NEVER NEVER PLZZzzzzz!!!!!!!!!!

2nd. if YOU are here i think you DID IT!!!

3rd. I want to tell about my family and SORRY MY ENGLISH!!! I'm from KYRGYZSTAN (Kyrgyz Republic) and I and my family just 1.5 year in USA (GreenCARD Holders) and i never before thought that in USA i could have this kind of problem (timeshare scammers). in my back home YES! but not in USA! that was i thought before. BUT IT HAPPEND!!! 

4th. this summer we had vacation in Orlando, FL. and on 2nd day we went for a lunch in buffet and on the corner saw a small building DISCOUNT tikets ("One Stop Ticket Center" 5297 W Irlo Bronson Memorial Hwy
Kissimmee, FL 34746) and there was BLACK nice WOMAN, she explained us that we can get DISCOUNT tikets in one place... OK BLA BLA BLA a lot... we paid her 40$ and the rest 120$ (total 160$ for tickets for 5 person. It's very cheap, right?) we will pay after 90 min tour in Westgate. BUTTTTtttttt it was just BEGINNING of the tale "ALICE in WONDERLAND (or, 2 stupid parents in westgate)" we spent ALL DAY there. we were so tired at the end that we were ready to SIGN everthing just finish that! (a lot of words: its good deal you're doing for your CHILDREN bla bla bla) after about 6HR we signed and went back to hotel and then there we couldn't understand FOR WHAT we signed this contract, FOR WHAT? for just an AIR, yes AIR, for nothing, we will pay 9016$ for an AIR and.... it's not FINISH, after 9016$ all HELL is just STARTING, we WILL PAY ALL LIFE 887$ for MAINTENANCE every 2 years, all my life and then my KIDS!!!!!!!!!!!!!!
next day we went back to westgate (10000 Turkey Lake Rd. Orlando, FL 32819) and found notary TALYTA  (SHE IS latinos DEVIL) and we asked her that we want to CANCEL our contract! she said NO! NO! it's impossible, you can't do this becaus IT'S MORTGAGE DEED bla bla bla... so bye bye
after 2 days we back home and start search how to CANCEL DEVIL DEED! BIG THANKS to this WEBSITE! IT'S realy helped us, SPECIAL BIG BIG THANKS for "solecito" and "www.tugbbs.com/forums" you helped US to come BACK from HELL!

5th. I want to share all documents what we got and what we sent to an EVIL OFFICE TIMESHARE! i hope it will help you too BECOUSE IT HELPED us!

we send in 3 adresses, but received an answer (telling that our contract is canceled) only from "2801 Old Winter Garden Road Ocoee, Florida 34761"

you know I had alot of BLA BLA in the office, if i write all here now it will be 1.000.000 words!!!! 

here i couldnt add DOCUMENTS and photos. But if anyone wants i can send them by EMAIL! mail me hive@usa.com




MY LETTER TO OFFICE: "2801 Old Winter Garden Road. Ocoee, Florida 34761"

======================================================================================================================
Adilet XXXXXXXX and Aigul XXXXXXXX
666 Don’t Go There BAD PLACE. apt.666 _(EXAMPLE)_
Arlington, VA 34761 _(EXAMPLE)_
(666) 666-666 _(EXAMPLE)_
WestGate-BIG-EVIL@in-usa.com _(EXAMPLE)_

August 31, 2015

To whom it may concern,

We want to cancel our contract immediately with Westgate Vacation Villas L.L.C. / Westgate Resorts, Inc. to purchase a timeshare interest in the Westgate Town Center; Contract/Account Number XXX80XXXXXX-009.  We are exercising our legal right to cancel this contract. We expect a full refund of our down payment of $1,416.00 US dollars. Do not make any additional charges to our credit card. Please confirm our legal rescission in writing.
Pursuant to Section 721.07(06), Florida Statutes, and as stated in the “Contract for Purchase and Sale” (item 4 of the terms and conditions) signed on August 26, 2015 we are entitled to ten (10) calendar days after the date we signed the contract (Contract/Account Number: XXX80XXXXXX-009 signed on August 26, 2015) to cancel any timeshare contract that we have entered into and we are therefore notifying you in writing as required by the Florida Statutes, that we are hereby cancelling the contract to purchase a timeshare at your property known as The Westgate Town Center, 7700 Westgate Blvd, Kissimmee, Florida 34747. Due to this cancellation we expect that the $1,416.00 (US dollars) total down payment that we paid using our credit card Bank of America MasterCard ending in XX-XX will be credited immediately upon receipt of this letter by you.

Timeshare:  Westgate Town Center
Owner:  Adilet XXXXXXXXX and Aigul XXXXXXXXXXX
Contract number:  XXX80XXXXXX-009
Date of Purchase:  08-26-2015

CC of this letter will be sent by certified mail return receipt requested to:
-Westgate Vacation Villas, LLC
2801 Old Winter Garden Road
Ocoee, Florida 34761

- Westgate Lakes Resorts
10000 Turkey Lake Rd
Orlando, FL 32819

Additionally, we are sending a written notice to Florida Investments, INC to cancel our authorization to debit our Bank of America MasterCard credit card ending in 02-17.
-Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, Florida 32819

To clarify and confirm one more time, we want to cancel our timeshare contract immediately. Please provide us with a written response showing you have received this letter within the rescission period to our address on file: 666 Don’t Go There BAD PLACE. apt.666 and are therefore cancelling our contract. Additionally, please provide us with the information we will require to receive our down payment back.
Promotional materials to be returned under separate cover.

Sincerely,
Adilet XXXXXXXXXXX	___________________________

Aigul XXXXXXXXX	___________________________
======================================================================================================================


Here I share all DOCUMENTS (paper works) we hide some personal information
and when you sighn for THIS DEVIL PAPERS thay say we send after 2-3 weeks all DOCUMENTS by MAIL but NO! all DOCUMENTS you have with you in case
when you looking on map its look GRAIT but its looking only!!!! 
OK and my LAST WORDS if you SIGHN less of 9 DAYS you GOOOD you realy GOOOOOOOOOOOOD you still have a chanse!!! if not i just can say SEARCH LAWER and it will be BIGGGggg problem for you and your POCET and HEAD!!! but i hope you have!
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 DEED



2 REFUND



3 ID



4



5



6



7



8



9



10


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## Passepartout

Hive, Welcome to TUG. 
If I read correctly, you were trapped into buying from Westgate and you got a rescission letter off to them in time. You were able to cancel this purchase? Right? It would be helpful for you to tell us when you signed this contract.

We know the Ocoee, FL address is the right one to send the letter to. We are happy you found it and were able to send the letter. Congratulations!

I don't think it would be important or helpful for us to see the forms they use, so don't worry about scanning and posting them.

Oh, And don't worry about your English. I'm sure it's a lot better than any of our Kyrg- or whatever is spoken in your homeland. You spelled some of the English phonetically, but I think I was able to get most of the meaning of your words.

Good luck, and welcome here.

Jim


----------



## Ty1on

I like you, hive, don't worry about your spelling, and grammar, I love your writing style.

I was wondering if you have any relatives that call themselves Raygold, though.

Congratulations on discovering rescission information on time!


----------



## Passepartout

*How to post photos on TUG*



hive@usa.com said:


> how to add PHOTOS?



In short, you have to use a photo hosting site, like Photobucket. Here is a link to the instructions: http://tugbbs.com/forums/showthread.php?t=97157

Glad you were successful at rescinding (cancelling your purchase). Congratulations!

And Welcome to TUG!

Jim


----------



## mm2015

*10 calendar day cancelation*

HI,

I'm new to this site and need your help.  We just got a stamped copy of the  "Warranty Deed and Lien on real property"  we've had the timeshare since 2012.  We've wanted to get rid of the timeshare for years.  It's paid for and we are only paying for the yearly fees.  We thought that this was a done deal until we received a call while we were this 9/23/15 stating that we had not signed for our "stamped" copy of our Deed.  When we got back home and I was putting the copy with the other documents, I read this paragraph on the "Contract for purchase and sale" document  "You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statues, whichever is later."  My question comes for this part of that paragraph "OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU"  Since we just received this required "stamped" copy of our deed do we still have time to cancel this contract?


----------



## Passepartout

mm2015, I don't know what if? But I bet that if you do nothing, like signing the deed you were sent, and someone from their property deeding department calls, you could ask, "What if I don't sign and return this?" If you are told that you really don't own anything, just say 'Thanks, send my money back.' 

Or you could pen a nice rescission letter. Samples above here, follow the instructions you found. Send it Certified/return receipt. What are you out? Maybe $5-$10. Tell them like you said here, that due to THEIR tardiness in getting you the correct papers in a timely manner, that you decided to take advantage of your legal right of rescission. Sorry that you missed the original rescission date, but it appears it was THEIR error.

The only problem with this is that they have lots of lawyers with time on their hands, so you can bet they will fight you and delay refunding any money as long as they can and probably until some judge rules in your favor. But initially, it won't cost you much to see if they cave easily.

Jim


----------



## mm2015

*10 calendar day cancelation*

Passepartout - Thank you I will try it.


----------



## KT10

I am new to this site and have found it so helpful I will be writing my letter as soon as I get home (en route) and will be mailing it off first thing Tuesday morning as tomorrow is Columbus Day and post office will be closed I have a quick question though....

My husband did not have his idea on him therefore I did all paperwork and actually signed contract. They did give us a form to add him to deed, said when we got home to send a copy of his DL and they would handle the rest. Since his name is NOT on the contract he does not have to sign Letter to cancel contract, right?? Just wanting to make sure my ducks are lined up, I cross all T's, for all I's, and can prayerfully get out of a HUGE mistake. Thanks for all the advice given in this thread!!


----------



## Passepartout

KT10, Welcome to TUG!

I think that if the contract is just in your name, then that's the only name that needs to be on the rescission letter. If his name is on anything, though without ID reference, it wouldn't hurt to have his name on the rescission as well. Same would be for that form they sent along. If it has his name pre-filled in, have him sign the rescission.

Jim


----------



## Pole D

Passepartout said:


> KT10, Welcome to TUG!
> 
> I think that if the contract is just in your name, then that's the only name that needs to be on the rescission letter. If his name is on anything, though without ID reference, it wouldn't hurt to have his name on the rescission as well. Same would be for that form they sent along. If it has his name pre-filled in, have him sign the rescission.
> 
> Jim



I agree.  Having him sign can only help.  If its not needed then no big deal.  You just have an extra signature.  If the opposite is true and its needed but not included then you'll run into trouble.


----------



## mm2015

*10 calendar day cancelation*

Hi,
I'm doing a follow up to the September 26, 2015 I posted stating - We just got a stamped copy of the "Warranty Deed and Lien on real property" we've had the timeshare since 2012. We've wanted to get rid of the timeshare for years. It's paid for and we are only paying for the yearly fees. We thought that this was a done deal until we received a call while we were this 9/23/15 stating that we had not signed for our "stamped" copy of our Deed. When we got back home and I was putting the copy with the other documents, I read this paragraph on the "Contract for purchase and sale" document "You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statues, whichever is later." My question comes for this part of that paragraph "OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU" Since we just received this required "stamped" copy of our deed do we still have time to cancel this contract?

I sent the recession letter Certified by the 9th calendar day, and they sent me a letter stating that I had missed the deadline, I sent another letter Certified stating that I had not missed the deadline and that I wanted our money back because we did not want to purchase a timeshare at their property, they began to call, we didn’t answer, so today we got a letter from them stating “they had received our correspondence requesting a transfer of title”  we did not request that, since we were in our window of recession, we requested our money back.  
The letter also stated that “we had to send them the name and address and phone number of the transferee along with $150.00, also in the last paragraph they a looted to, there may be other cost involved.   We don’t know these people.  It seems that this is just a scam to delay them returning our money.  Can anyone give us your thought on this?  Below is the letter that was sent to us.
_____________________________________________________________
 October 29, 2015 
Great Way Services 
Attorney in fact for: 
Mr. & Mrs. Theriot 

Westgate GV at The Woods, LLC is in receipt of your correspondence requesting a transfer of title to your timeshare to a third party (the "transferee").  Since the Right of first refusal amendment does not apply to your unit, Westgate Resorts will be processing your request. In order to complete the transfer, Westgate requires that you submit the following documentation: (1) a copy of the recorded deed between you and the transferee and (2) the name, address and telephone number of the transferee. This will ensure that all mortgage, maintenance and tax bills are sent to the proper individual. You are also required to pay a processing fee of $150.00 to cover Westgate's administrative costs to complete the transfer of title. Please send this payment and the above-referenced information to: 
Westgate GV at The Woods, LLC 
c/o Resale Processing 
2801 Old Winter Garden Rd 
Ocoee, FL 34761 

If applicable, Please be advised that pursuant to Florida Statute §721.15(7), 
you will remain jointly and severally liable with the transferee for all 
unpaid assessments that came due prior to the time transfer of title to your 
timeshare. The transfer of title occurs on the date the deed is recorded. 

Please reference csd # 7419541 on the coversheet for proper routing. 
Sincerely, 
Westgate GV at The Woods, LLC 
Cc: Great Way Services 
______________________________________________________


----------



## Rach81

*advice needed please*

Hi, I'm new to the forum, sorry for hijacking this thread but I am really in need of some advice. My boyfriend and I recently signed paperwork to purchase a westgate time share in Orlando. After spending 1 free night at the resort and going through the time share tour we thought it all sounded brilliant. We're from the UK and were on our first family holiday which cost us a fortune, so we thought we'd be saving money purchasing the time share since we were sure we want to keep returning to Orlando year after year. We were rushed into making a decision, given incentives to sweeten the deal, told to sign the paper work stating that we are married when in fact we are just boyfriend/girlfriend. Stupidly we went ahead and did all this. We only paid $300 with the remaining $16000 on credit..... although the sales person said he didn't even do a credit check on us, just gave us the credit there and then. Is this legit? Our first payment is due on the 24th of this month. I know we are out of the cooling off period now. This is something which wasn't mentioned at all and I've checked all the documents and there's nothing at all mentioned about it either. We arrived home on the 4th of this month and ever since then we have been calling and emailing westgate to try to get out of it with no luck at all. All we are told is just try it, book a week and see how it goes, if we still don't want any part of it then they have people who will help us sell it to someone else. Now after reading all the reviews I know this is utter lies! We just want out now before we lose any money. Could we just stop our cards and not pay them a penny? If we did that, would that affect our chances of getting back into the USA in the future? Any help or advice would be much appreciated.


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## theo

*Too late...*



Rach81 said:


> Hi, I'm new to the forum, sorry for hijacking this thread but I am really in need of some advice. My boyfriend and I recently signed paperwork to purchase a westgate time share in Orlando. After spending 1 free night at the resort and going through the time share tour we thought it all sounded brilliant. We're from the UK and were on our first family holiday which cost us a fortune, so we thought we'd be saving money purchasing the time share since we were sure we want to keep returning to Orlando year after year. We were rushed into making a decision, given incentives to sweeten the deal, told to sign the paper work stating that we are married when in fact we are just boyfriend/girlfriend. Stupidly we went ahead and did all this. We only paid $300 with the remaining $16000 on credit..... although the sales person said he didn't even do a credit check on us, just gave us the credit there and then. Is this legit? Our first payment is due on the 24th of this month. I know we are out of the cooling off period now. This is something which wasn't mentioned at all and I've checked all the documents and there's nothing at all mentioned about it either. We arrived home on the 4th of this month and ever since then we have been calling and emailing westgate to try to get out of it with no luck at all. All we are told is just try it, book a week and see how it goes, if we still don't want any part of it then they have people who will help us sell it to someone else. Now after reading all the reviews I know this is utter lies! We just want out now before we lose any money. Could we just stop our cards and not pay them a penny? If we did that, would that affect our chances of getting back into the USA in the future? Any help or advice would be much appreciated.



Think *paragraphs*. They make reading and comprehension so much easier...

That observation aside, if you are past the 10 day contract rescission period provided by Florida law, you are now simply out of luck regarding cancellation, plainly and simply stated. Westgate is *not* going to voluntarily release you from a contract which you voluntarily (if unwisely) executed after the rescission period has expired.  

If you choose to default (I am pointing out an option, *not* making a recommendation for you to do so), it will have no impact on your ability to enter the U.S. in the future, being merely a credit issue and not a security issue. If default (followed inevitably at some point by foreclosure) is your choice, you might consider very promptly cancelling the credit card(s) involved, so that no future charges can be placed upon it by others without your authorization or knowledge.


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## Passepartout

Rats! I hate it that those lying thieves got to another one. And that people will sign up for $16,000 of debt without taking 10 minutes to do a Google search and find this thread.

I guess we just can't save those who don't come looking for us in time to do something about it.

Jim


----------



## Pole D

Sorry you are having to go through this.  It is an interesting situation.  You should contact a lawyer or accountant in the UK and see how defaulting on something in the USA effects you in the UK.  It will not prevent you from coming into the USA in the future.

Also I would bring up the fact that they told you to sign as a married couple but that you told them you were boyfriend/girlfriend.  Maybe the threat of legal action will get them to reconsider their position.  Although they do have many more lawyers than you do.


----------



## mm2015

*10 calendar day cancelation*

Hi Tugbbs  members,

Please help I posted a follow-up concerning a letter I received from
Westgate! 11-7-15

Thanks,


----------



## TUGBrian

Dont follow your post mm?  could you elaborate?


----------



## LannyPC

Rach81 said:


> Any help or advice would be much appreciated.



Well I'm glad you came here for some advice, albeit a little late.  One other thing we would advise you against is to watch out for scams aimed at owners like you.  Some unscrupulous companies may now start contacting you with tempting offers such as "Cancel your mortgage", "End your maintenance fees", "Get out of your timeshare", "Sue the developer and/or its sales people", "Let us sell your timeshare for thousands of dollars to recoup your investment", etc.

Don't fall for any of these as these are usually scams.  They'll take your upfront fee and do little or nothing for you.  At best, they'll maybe contact the resort or sales people threatening and demanding that they take the timeshare back.  We would recommend at least trying to send a rescission letter.  Even if it's too late, it wouldn't hurt to try.

If you decide to go the route of not paying another penny (defaulting), I would let the lender and resort know saying sternly that that is what you are going to do.  Just be prepared for any possible threats (mind you they usually are just that --- threats) of legal action, collection agencies, etc.


----------



## mm2015

I'm new to the site forgive all the mess ups.


----------



## mm2015

TUGBrian said:


> Dont follow your post mm?  could you elaborate?


Hi,

Sorry I'm referring to the post I posted on November 7, 2015 at 12:04am titled "10 calendar day cancelation" it is a long one so I thought I could just refer to it.  I new at this site.  Below is what I wrote.

Hi,
I'm doing a follow up to the September 26, 2015 I posted stating - We just got a stamped copy of the "Warranty Deed and Lien on real property" we've had the timeshare since 2012. We've wanted to get rid of the timeshare for years. It's paid for and we are only paying for the yearly fees. We thought that this was a done deal until we received a call while we were this 9/23/15 stating that we had not signed for our "stamped" copy of our Deed. When we got back home and I was putting the copy with the other documents, I read this paragraph on the "Contract for purchase and sale" document "You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statues, whichever is later." My question comes for this part of that paragraph "OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU" Since we just received this required "stamped" copy of our deed do we still have time to cancel this contract?

I sent the recession letter Certified by the 9th calendar day, and they sent me a letter stating that I had missed the deadline, I sent another letter Certified stating that I had not missed the deadline and that I wanted our money back because we did not want to purchase a timeshare at their property, they began to call, we didn’t answer, so today we got a letter from them stating “they had received our correspondence requesting a transfer of title” we did not request that, since we were in our window of recession, we requested our money back. 
The letter also stated that “we had to send them the name and address and phone number of the transferee along with $150.00, also in the last paragraph they a looted to, there may be other cost involved. We don’t know these people. It seems that this is just a scam to delay them returning our money. Can anyone give us your thought on this? Below is the letter that was sent to us.
__________________________________________________ ___________
October 29, 2015 
Great Way Services 
Attorney in fact for: 
Mr. & Mrs. Theriot 

Westgate GV at The Woods, LLC is in receipt of your correspondence requesting a transfer of title to your timeshare to a third party (the "transferee"). Since the Right of first refusal amendment does not apply to your unit, Westgate Resorts will be processing your request. In order to complete the transfer, Westgate requires that you submit the following documentation: (1) a copy of the recorded deed between you and the transferee and (2) the name, address and telephone number of the transferee. This will ensure that all mortgage, maintenance and tax bills are sent to the proper individual. You are also required to pay a processing fee of $150.00 to cover Westgate's administrative costs to complete the transfer of title. Please send this payment and the above-referenced information to: 
Westgate GV at The Woods, LLC 
c/o Resale Processing 
2801 Old Winter Garden Rd 
Ocoee, FL 34761 

If applicable, Please be advised that pursuant to Florida Statute §721.15(7), 
you will remain jointly and severally liable with the transferee for all 
unpaid assessments that came due prior to the time transfer of title to your 
timeshare. The transfer of title occurs on the date the deed is recorded. 

Please reference csd # 7419541 on the coversheet for proper routing. 
Sincerely, 
Westgate GV at The Woods, LLC 
Cc: Great Way Services 
_________________________________________________

Thanks for any advise that can be given.


----------



## Passepartout

mm2015, If you are trying to rescind a timeshare you bought in 2012, it's is very unlikely they will let you rescind this. They have lots of lawyers. If you are willing to hire a lot of lawyers to fight them- with the penalty being that if you are unsuccessful, you'll get to pay their legal fees too, as well as still having the timeshare, go for it.

I don't know if this gives you any assistance.

Good Luck. They (Wastegate) are bad actors and don't let buyers off the hook easily.

Jim

You might be better off in the long run learn to use the timeshare as so many retail buyer TUG members have done, and when it's paid for, give it away.


----------



## DeniseM

Jim - He is hoping to rescind a timeshare he bought 3 years ago, on a technicality.  Knowing Westgate, it's a reeeeal long shot:



> I'm doing a follow up to the September 26, 2015 I posted stating - We just got a stamped copy of the "Warranty Deed and Lien on real property" we've had the timeshare since *2012*. ……….
> 
> We thought that this was a done deal until we received a call while we were this 9/23/15 stating that we had not signed for our "stamped" copy of our Deed. When we got back home and I was putting the copy with the other documents, I read this paragraph on the "Contract for purchase and sale" document "You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statues, whichever is later." My question comes for this part of that paragraph "*OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU*" Since we just received this required "stamped" copy of our deed do we still have time to cancel this contract?


----------



## Passepartout

Ahhh. That's a different issue. Might be an uphill battle. I'll amend my earlier post. Thanks Denise.


----------



## decadude

Westgate is horrible like the worst of the worst.  I called asking if they accepted deedbacks and they do but can cost up to $1500 to deed it back.


Talk about a worthless asset.  Here we sold this to you for $30,000 and if you want to get rid of it then we will have to charge you $1500 but only if its paid off, lololololol

Needless to say I told the CSR on the phone this

"Please do not take this the wrong way I know you are working hard earning a paycheck and this is in no way directed at you, but the owners of Westgate are the biggest assholes and I honestly don't know how they can sleep at night."


:rofl:


----------



## Passepartout

decadude said:


> the owners of Westgate are the biggest assholes and I honestly don't know how they can sleep at night."



Actually, I suspect they sleep quite well in America's biggest house. Check the movie, "Queen of Versailles". It's a little out of date now, as I suspect the house is somewhat closer to completion, though no 60,000 sq ft house can ever be done.

Jim


----------



## decadude

Passepartout said:


> Actually, I suspect they sleep quite well in America's biggest house. Check the movie, "Queen of Versailles". It's a little out of date now, as I suspect the house is somewhat closer to completion, though no 60,000 sq ft house can ever be done.
> 
> Jim



figure of speech but yeah definitively speaking they are assholes who sleep well in a big house


----------



## mm2015

Just for conversation Jim and DeniseM,  If it is a long shot why did we receive a letter as to them talking about a sell of the timeshare to someone else.  Below is part of their letter that they (Westgate) sent to us.
______________________________________________________________________
Westgate GV at The Woods, LLC is in receipt of your correspondence requesting a transfer of title to your timeshare to a third party (the "transferee"). Since the Right of first refusal amendment does not apply to your unit, Westgate Resorts will be processing your request. In order to complete the transfer, Westgate requires that you submit the following documentation: (1) a copy of the recorded deed between you and the transferee and (2) the name, address and telephone number of the transferee. This will ensure that all mortgage, maintenance and tax bills are sent to the proper individual. You are also required to pay a processing fee of $150.00 to cover Westgate's administrative costs to complete the transfer of title.
________________________________________________________________________
Per their (Westgate) own Sales contract that clause is quoting Florida law.  Like I state earlier the follow up to your post is just for conversation.  Thanks


----------



## DeniseM

That communication looks to me like they sent you the wrong form letter.

I'm not an attorney, and I didn't sleep at a Holiday Inn last night, but:

Knowing their track record, it is unlikely that Westgate will let you out of a contract 3 years later, after you have been paying for it and using it (?) for 3 years.

In one lawsuit that comes to mind, someone sued them, and lost, because they made the payments and used the timeshare for 3 years, before the lawsuit, which meant that the buyers _accepted ownership_, in the eyes of the judge.

I feel your pain, but we hear similar stories often, and it is extremely rare to get out of a timeshare after the legal rescission period.


----------



## mm2015

Thank you DeniseM and Jim for you comments.


----------



## JohnV8

*Westgate Timeshare*

I didn't have such a bad experience buying a timeshare from Westgate Resorts in Orlando as I have read from others here. The sales person and closing agent were actually quite nice although they didn’t answer all of my questions to the level of detail that I would have liked, so I decided to do a little bit of research afterwards to see if I was really getting something that I would benefit from, and apparently I’m not. I already knew about the rescission period but when I got home I noticed that the CD copy of all the forms I signed wasn’t given to me. I don’t know if that was on purpose to make it harder to rescind or not. In any case I do have a paper copy of the Deed.

The address on the deed is:
Westgate Vacation Villas LLC
5601 Windhover Dr.
Orlando, FL 32819

Should I send the rescission letter there or to the address I keep seeing in the posts here:
2801 Old Winter Garden rd.

I also have a membership card with an address of: 7450 Sandlake Blvd
I also do not see a contract# on the limited info that I have since they didn’t give me the CD copy. I do have an account number though which may be the same thing, not sure.
Would I be covered if I send a copy of the deed along with the rescission letter?


----------



## Passepartout

JohnV8 said:


> Should I send the rescission letter there or to the address I keep seeing in the posts here:
> *2801 Old Winter Garden rd*.
> 
> I also do not see a contract# on the limited info that I have since they didn’t give me the CD copy. I do have an account number though which may be the same thing, not sure.
> Would I be covered if I send a copy of the deed along with the rescission letter?



This address.

The paper copy with all the appropriate numbers is in the hidden pocket accessible along the inside spine of the binder they gave you. (there is another thread about this) Send them a copy only.

Send the binder and junk back to the resort by cheapest means. Keep the receipt.

Stay off the phone with them- they will only try to save the sale by delaying you or berating you.

Welcome to TUG.

Jim


----------



## Maple_Leaf

*Wastegate's "Secret Pocket"*



Passepartout said:


> The paper copy with all the appropriate numbers is in the hidden pocket accessible along the inside spine of the binder they gave you.



Here is information about the Wastegate "secret pocket" to help you find the documents:

http://tug2.net/timeshare_advice/westgate-cancellation-secret-pocket.html


----------



## JohnV8

*Thanks!*

Thanks for the amazingly quick reply. Sure enough the documents were in the hidden pocket. I am sending a certified letter today to rescind the contract. I'll post again later to let everyone know how it went.

I also looked on Ebay for the same timeshare I bought for $11,000. There are many of them for sale for $1 with no one bidding on them. I guess the market is really flooded with these. I guess buying one on ebay would be another option, but I'm worried with no one bidding on them I could get stuck with something that I may not want to use in the future.

I have to research this more. Most of my vacations are short 2 to 4 nights to go skiing and I book them last minute. My guess is that Interval or RCI is not very compatible with last minute bookings, even though I was told by the sales agent that there is quite a bit of availability for last minute. My guess is that she was referring to low season units elsewhere or vacation getaways which doesn't get me what I want when I want at last minute during ski season.


----------



## theo

JohnV8 said:


> Thanks for the amazingly quick reply. Sure enough the documents were in the hidden pocket. I am sending a certified letter today to rescind the contract. *I'll post again later to let everyone know how it went.* <snip>



Please understand clearly that rescission is your *legal right*, provided by applicable state law. It is not an act of developer benevolence nor is it subject to their discretion; the developer has absolutely *no* other choice or option other than to process a timely submitted, properly addressed letter of rescission and issue full refund of any deposit paid with 45 days maximum. Period, amen. While we will welcome and appreciate your later confirmation that your rescission has been fully completed, "how it went" is actually already a foregone conclusion if you follow through properly. After all, *it's the law* and even the Weasels of Wastegate do not dare to flaunt the law. 

P.S. If you haven't picked up on this already from your reading here, you may very well get phone calls from the sales weasels, desperately seeking to sweeten / salvage the deal. No good can possibly come of these (legally meaningless anyhow) telephone conversations on a contract matter. Do *not* under any circumstances call these parasites to "follow up" on your rescission progress and do *not* answer any incoming calls from them either after sending your rescission. 

Congratulations . You are essentially avoiding spending $11k to acquire something which you couldn't even give away for free a week later (as you have apparently already discovered on your own from discovering no-bid eBay listings of similar Wastegate "products").


----------



## Passepartout

John, they're a sneaky bunch. They call that hidden pocket a 'security' feature. Right. Security for THEM so buyers can't find the contract and rescind it.

You'll know they got the letter when your phone starts ringing. Best advice is to not answer it. No good can come from talking to the weasels. Nothing said verbally is binding. Your refund will appear close to the legal maximum 45 days after they receive the rescission letter, and there is no requirement for them to notify you or give you a progress report on your rescission.

Yes, there are about a bazillion timeshares on eBay. Most TUGgers have bought there. You can get some darn nice ones for a buck or so.

Using timeshares does require the ability to do some advance planning. For your application- last minute rental for short stays will not be very successful. There are some last minute getaways and 'Last Calls' on the major exchanges, but generally, they are not top-shelf offerings. Usually 2nd tier resorts during shoulder and off season. However there are some dandy last minute rentals here in the forum of the same name here in TUG, with no buy in cost and a maximum cost of $100/night.

We're glad you found us, and were able to locate your contract and rescind it.

Continued good luck....

Jim


----------



## LannyPC

JohnV8 said:


> I have to research this more.



That is always a good idea before purchasing any timeshare or even acquiring a "resale" one for free.  Many here on TUG would recommend spending at least six months researching and asking questions from unbiased sources.  A 90-minute presentation does not count as research.


----------



## JohnV8

*Thanks!!!*

:rofl:  Thanks to all for the great advice! I will continue my research to see if I can somehow benefit from a $1 ebay deal, but I won't buy until I am certain. My guess is that I won't buy because I also see some deals for 1 and 2 bedroom units on travel booking sites for $500-$1200 for the entire week including Westgate and other resorts, and that is if I search 1 week or 2 months out, doesn't matter. It's actually comes up a little cheaper if it's only one week out, and as I said I like to book last minute.  That is about what I would pay in fees anyway so why lock in with a Timeshare.

So far the main benefits for timeshare ownership that I have seen are:

if you like to go during peak season
and you have very specific luxury accommodations in mind
and you like to book well in advance


----------



## TUGBrian

renting is a fantastic way of using timeshares without having to buy!


----------



## JohnV8

Sure enough my phone rang today and I didn't answer it. It was the closing agent, he left a message. At least I know they got my letter.


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## LannyPC

JohnV8 said:


> It was the closing agent, he left a message.



Just for mild amusement purposes, would you care to share what that message said?


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## Buenobox

*Urgent help please*

Hello Jim,

We bought a studio timeshare on 12/24/2015 at Westgate Las Vegas. Knowing it was huge mistake after reading forum and will be sending the rescission letter along with sign cancellation letter to the address in Florida. On top of free show tickets, we were also given Westgate breakfast voucher to return back to hotel tomorrow (12/26/2015), supposedly to meet with closing officer and salesperson to go through details and answer our questions. Besides the binder, we were also given a free Westgate tablet.

Our questions:
1. Should we bother to return to Westgate tomorrow as invited to ask for cancellation? I figure we shouldn't because they will most likely "hostage" us further.
2. Tablet is given to us and we will return, wonder to return this to Westgate Las Vegas or the developer in Florida?
3. Breakfast voucher given to us but we will not go to. We still have the voucher. Wonder if it can be refunded or they will still charge for issuing it already. 
4. Please confirm if it is true that the 5 calendar days cooling period is based on timestamp as sent (not when is received)?
5. We have done all that we read from forum, anything else to do?

Hopefully you can respond to us at your earliest convenience. It is such a big lesson to learn on Christmas day....much appreciated!!


----------



## Passepartout

Buenobox said:


> Our questions:
> 1. Should we bother to return to Westgate tomorrow as invited to ask for cancellation? I figure we shouldn't because they will most likely "hostage" us further.
> 2. Tablet is given to us and we will return, wonder to return this to Westgate Las Vegas or the developer in Florida?
> 3. Breakfast voucher given to us but we will not go to. We still have the voucher. Wonder if it can be refunded or they will still charge for issuing it already.
> 4. Please confirm if it is true that the 5 calendar days cooling period is based on timestamp as sent (not when is received)?
> 5. We have done all that we read from forum, anything else to do?
> 
> Hopefully you can respond to us at your earliest convenience. It is such a big lesson to learn on Christmas day....much appreciated!!



1) Don't bother going to the breakfast for the reason you outlined. Don't answer the phone from unknown numbers. They are trained to counter any argument you have to save the sale and their commission.
2) Return the tablet to the resort. Make sure that you get a receipt. Postal would do fine.
3) Frame it as a reminder.
4) The time is from when the rescission letter is postmarked. It doesn't matter when it's delivered. Send it Certified w/return receipt for your own peace of mind that it was delivered.
5) Welcome to TUG. Relax. Enjoy your vacation. It can take up to 45 days to see a refund. Do some more TUG reading. Be like Scrooge. Count the money you saved and imagine how many great vacations it will buy you when you learn about resale timeshares.

Jim


----------



## Buenobox

Passepartout said:


> 2) Return the tablet to the resort. Make sure that you get a receipt. Postal would do fine.
> 4) The time is from when the rescission letter is postmarked. It doesn't matter when it's delivered. Send it Certified w/return receipt for your own peace of mind that it was delivered.




Thanks Jim for the rapid response. Just a few more advice needed please.
2) Which resort to return the tablet to? Vegas or Florida.LLC? Should we wait for the cancellation confirmation letter from them to specify where to return to?
4) There are only a few usps open on Saturday nearby the strip but they have bad reviews of lost mail, mail not being processed on time. Does the postmarked date stamp go by the date I purchase the certified mail or by the date usps mail out? As we signed on Dec 24, today is third day of cooling period. Should we pay for priority certified mail so they mail it out faster?
6) On the timeshare notice of cancellation, it states "the purchase of a timeshare may cancel, by written notice, the contract of sale until midnight of the fifth calendar day. The contract of sale must include a statement of this right." On top of the cancellation notice and the rescission letter, do we need to mail along the grant bargain and sale deed and the contract for purchase and sale? 
Appreciate your sense of urgency. We are mailing them today.


----------



## Karen G

The date you mail your rescission is the one that is most important--not the date they receive it. That is why you want to send it by certified mail so that you have the receipt from the post office showing the date it was mailed.

You don't need to return the sales contract or other documents, but if there's a contract number or other identifying numbers you could mention those in your letter. Be sure that everyone who signed the purchase contract also signs the rescission letter.

As for returning the tablet and binder, just send them back by the cheapest method available. Be sure you enclose your name and address so they know who it is coming from.


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## Passepartout

Don't over think this. Send the tablet to where you got it. By mail, don't drop it off before the rescission period ends.

Don't sweat the reviews of the post office. As long as you have the receipt that they accept it, you are good. 

Make a copy of the signature page of the contract that shows the contract number and include it with the rescission letter to the business office in Ocoee, FL.

They are liars and thieves, but won't mess around with rescission laws. They've lost too many suits. All you are needing to show is your intent to rescind. That's enough.

Mail the letter and relax. There is a great breakfast place over on Maryland Parkway across from UNLV For after you visit the post office.


----------



## theo

Buenobox said:


> <snip> Does the postmarked date stamp go by the date I purchase the certified mail or by the date usps mail out? As we signed on Dec 24, today is third day of cooling period. Should we pay for priority certified mail so they mail it out faster? <snip>



*Postmark** date* hand stamped on your certified mail receipt at the USPS counter is ultimately the *only* date that matters in the eyes of the law. Save that receipt.
It does not matter one bit when your parcel actually leaves the facility, nor does it matter one bit when the correspondence is later delivered to the recipient.

P.S. Congratulations.  You really and truly want *absolutely nothing* to do with the slimy likes of Westgate --- not at any price and not at any time, IMnsHO.


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## Buenobox

*Thank you!*

Appreciate all your input guys!  We certified mailed the cancellation notice and other required docs on Dec 26 which is the third day after closing date. It should arrive this week, but I don't expect they will process it upon receipt as it is the holiday week.  I will post updates in a month.


----------



## Buenobox

*Status update*

Hello all, a quick update on our status. We mailed in the paperwork on dec 28th, and got the money back on credit card on jan 5th. However, we also paid partially in cash but as of today still have not received the money back. Nor welcome or cancellation letter. The paperwork stated they will refund within 20days and today is the 20th day. Anyone has feedback re: timeline to receive the deposit back if paid in cash?

Thank you.


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## RussanCole

*canceling waste gate*

Hello an thanks I found our rescission information in a tapped  brown envelope with a CD of of our contract we got ours last Sunday February 14th 2016 ok so today I sent off our rescission paper I had it notarized but didn't have the paper it's self post marked the envelop it's in is post marked an certified as well as priority sent should I resend it an see if post office will post mark the letter it's self? I made the mistake of calling the closing officer an ask about how I needed to go about canceling our contract she said unfortunate for us the 10 days is only if we had a car wreck or lost our jobs or health issues lol so I did tell her fine I lost my job she said she would make some phone calls an see what she could do an that I'll not get a refund an she never called back but any help would be appreciated as I should be ok the time share we got is wast gate Smokey mountain resort in Tennessee an also live in Tennessee our letter went out today February 16 2016 an should be there the 18th but thought some of you may get a kick outta what the loan officer had to say


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## RussanCole

One more question when I send there tablet an binder back do I have to send our contract as well?


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## Passepartout

I'd send that junk back to where you got it (the resort) Send it the cheapest, parcel post rate and keep the postal receipt showing that it was sent in case they come back with a charge. Ideally, you should have written on the rescission letter, 'promotional material to be returned under separate cover'. If that didn't get in there, don't lose any sleep over it. Just keep the receipt.


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## Buenobox

Don't bother sending back the binder and the tablet until you receive their letter of confirmation what is deducted from the deposit. You have done all you could in a timely manner. As long as you mailed your cancellation notice within 10 calendar days with certified mail (so you have proof when you mailed out), you're good. You have all rights to cancel without a reason. As we all agree these Westgate people are all liars and bullshit to make a living, don't attempt to contact any of them and waste time on their craps. 
Now I will suggest you to go through the details posted in this forum and see if anything you missed. If all is done, all you can do now is to wait for their confirmation letter in your mail before deciding to mail back the binder and tablet because you don't know how much they deduct from you, and compared to how much it costs to ship those, it might be better off keeping them. 
I received the credit back to my credit card in 5 days after my mail, the letter in a month and the cheque in 45 days. They did take longer than usual mail because I believe they back date everything so that they appear to abide to the laws on paper.


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## John O

We recently purchased Westgate Resort TS (Orlando, Fl) at the beginning of this month, after reading several reviews, we decided to cancel the contract (3 or 4 days after purchase) which is within the time frame allowed per State of Florida law. We haven't heard or receive any notification from Westgate. We have decided not to make our first payment coming due in Feb, I'm not sure may be that's a right decision. Also, the payment on the Westgate credit card that was issued and charged for the closing cost is also coming due but not sure whether to pay or hold-off on that one too? Will it be appropriate to involve any lawyer at this stage? Any idea please....


----------



## Ty1on

John O said:


> We recently purchased Westgate Resort TS (Orlando, Fl) at the beginning of this month, after reading several reviews, we decided to cancel the contract (3 or 4 days after purchase) which is within the time frame allowed per State of Florida law. We haven't heard or receive any notification from Westgate. We have decided not to make our first payment coming due in Feb, I'm not sure may be that's a right decision. Also, the payment on the Westgate credit card that was issued and charged for the closing cost is also coming due but not sure whether to pay or hold-off on that one too? Will it be appropriate to involve any lawyer at this stage? Any idea please....



Call the CC company and let them know you rescinded, offer to send them a copy of your rescission letter, and state that you wish to dispute the charge.  This may suspend it until Wastegate refunds them.


----------



## theo

John O said:


> We recently purchased Westgate Resort TS (Orlando, Fl) at the beginning of this month, after reading several reviews, we decided to cancel the contract (3 or 4 days after purchase) which is within the time frame allowed per State of Florida law. We haven't heard or receive any notification from Westgate. We have decided not to make our first payment coming due in Feb, I'm not sure may be that's a right decision. Also, the payment on the Westgate credit card that was issued and charged for the closing cost is also coming due but not sure whether to pay or hold-off on that one too? Will it be appropriate to involve any lawyer at this stage? Any idea please....



There is certainly no need for any attorney involvement. The FL rescission period is 10 days by state law. I *hope* that you sent your rescission correspondence by certified mail, which provided you with documentary *proof of postmark date*. Actual delivery date doesn't matter one bit. Even slimy Westgate would *never* dare to openly defy applicable state law regarding a properly addressed and timely submitted rescission.

Do *not* make *any* payments to Westgate. They don't actually have to provide you with confirmation of any sort regarding your rescission.
Their *only* legal obligation is to process a (timely submitted, properly addressed) rescission and issue 100% refund of any deposit. While it likely won't take that long, they actually (and lawfully) have up to 45 days to get your deposit credited back to you. In the meantime, follow the advice provided above by Ty1on regarding promptly and formally disputing any and all related credit card charge(s). It would also be wise to *not* use that credit card at all for *anything* else, making clear to the cc issuer that any all charges going forward are neither authorized nor legitimate.


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## John O

Will surely contact the CC company as you've indicated. Thanks so much.


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## John O

Ty1on said:


> Call the CC company and let them know you rescinded, offer to send them a copy of your rescission letter, and state that you wish to dispute the charge.  This may suspend it until Wastegate refunds them.


Thanks so much. I have determined not to even use Westgate CC . Thanks again for your comment.


----------



## Ty1on

John O said:


> Thanks so much. I have determined not to even use Westgate CC . Thanks again for your comment.



They didn't charge a down payment to the CC?


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## shakiraD

I am about to send my cancellation letter because I was conned by westgate in Orlando. They told me I could make money by owning a timeshare. I called the closing officer and sure enough, she lied to me saying to let her take care of it and that the 10 days doesn't matter. She says she will help me because they are going to charge me closing costs. I will not be answering her calls . My question is what exactly do I write in the letter? My contract only specifies to notify via mail to the address listed, then in fine print it says I will be charged $150 for the tablet and $50 for the binder if they don't receive it back. It also doesn't list a contract number, just a westgate account number. Will that work? Also, I paid the $2012 deposit with $1500 on a westgate credit card that they just opened and $512 from my personal credit card. Will they refund all the money to me and cancel that credit card or will they refund each credit card ? I don't really have use  for the westgate credit card.


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## Passepartout

The letter doesn't need to be fancy or legalese., just : I we wish to cancel contract #_________, dated_________ 
Signed __________husband
____________wife

Promotional materials to be returned under separate cover. (Then do it and keep the postal receipt)
Send it and a copy of the signature page of the contract for ID purposes to the Old Wintergarden Road, Ocoee FL address.

You'll be refunded everything, but wait to cancel their credit card until the credit comes through. 

Glad you found TUG in time.

Jim


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## Passepartout

By the way, whatever the salesweasel SAID is pure hogwash. Lies. The ONLY thing that is binding is what's printed in the contract. And in this case THE ONLY thing that matters is that 10 days business. After that time, you are an owner, and Wastegate will NOT let you out of the purchase without a serious and expensive legal fight...

Get it postmarked TODAY, and send the letter USPS Certified w/return receipt.


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## theo

Passepartout said:


> And in this case THE ONLY thing that matters is that 10 days business.



 I believe that the rescission period in Florida is 10 *calendar* (not *business*) days.  The clock starts ticking on the day following contract execution.


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## Chris915

Hi all,
We purchased a TS on September 15, 2017 for an Orlando property. We weren't happy with Orlando and called our closing officer about owing to to Vegas. She said sure no problem ( it was cheaper too). After reading a bunch of stuff on the internet we decided to cancel. I sent our USPS cancellation letter on Saturday September 23, 2017 (8th day of the 10 day window) it was certified delivered today.  I also sent a cancellation letter for the Vegas property today, September 25,2017. I had not yet received the new paperwork for the Vegas property when I mailed the rescind letter. I received the paperwork today and it's dated September 22, 2017. Being that I sent the USPS certified letter today I'm within the 5 day window for Nevada properties. Please keep in mind that I have not and will not sign the Vegas paperwork. My question to anyone is; am I coved regarding both properties being that I sent 2 letters stating I wanted to cancel both Properties? What should I do with the paperwork I received today? Thanks in advance!


----------



## Chris915

Hi all,
There we a bunch do spelling errors so I'm gonna try this again. 

We purchased a TS on September 15, 2017 for an Orlando property. We weren't happy with Orlando and called our closing officer about moving the to Vegas. She said sure no problem (it was cheaper too). After reading a bunch of stuff on the internet we decided to cancel. I sent our USPS cancellation letter on Saturday September 23, 2017 (8th day of the 10 day window for the Florida property) it was certified delivered today. I also sent a cancellation letter for the Vegas property today, September 25,2017. As of this morning I had not yet received the new paperwork for the Vegas property when I mailed the rescind letter. I received the paperwork today and it's dated September 22, 2017 (3rd day of the Nevada 5 day window). Being that I sent the USPS certified letter today I'm within the 5 day window for Nevada properties. Please keep in mind that I have not and will not sign the Vegas paperwork. My question to anyone is; am I coved regarding both properties being that I sent 2 letters stating I wanted to cancel both Properties? What should I do with the paperwork I received today? Thanks in advance!


----------



## Chris915

I know, I know. Still have errors. Lol


----------



## Passepartout

I think that since you signed the original contract 10 days ago, you're playing with fire. And with your typos, it was kind of hard to decipher, but if I understand that you've mailed a rescission letter correctly, I guess that you've done all you can do. As to the new paperwork, I think I'd write a letter clarifying that a rescission has already been sent (include a copy) and hope that they add 2+2 and send you a refund. With Wastegate, if there is ever a benefit-of-the-doubt, they will take it.

We wish you well. Good Luck.

Jim


----------



## amycurl

Jim, this is what is known in other circles as a _*gratuitous icon post. *_Mostly because I like to think our two icons are toasting in honor of the excellent advice you just gave. (See what I did there?)


----------



## Chris915

From what I read the rescinded paperwork needs to have (at minimum) the USPS postmark within the 10 day window? Original paperwork was signed the 15th and the cancellation paperwork was mailed (postmarked) on the 23rd (8th day) and certified delivered today (10th day). 

I have not signed the paperwork regarding the new property. I rescinded that property today (September 25, 2017). The new paperwork is dated September 22, 2017. 

Am I wrong in understanding that the most important date is the date I mailed it out via USPS?

I hope I clarified myself a little better.


----------



## Karen G

You are correct that the date you mailed the letter is the only date considered.


----------



## Chris915

Thanks Karen. Passepartout scared me a little bit with his response.


----------



## KrayzieCD

I read through this entire thread from start to finish and it makes me so happy to see all the folks who were helped out of making a horrible mistake.  Yet, I still can't help but wonder how many folks just didn't do their research.  Or didn't read the fine print on the contract until it was too late.  I really can't stand that this shady ass company gets away with scamming honest, hard working people who are just searching for a week or two of happiness.  Then you have this owner building a 60K foot house basically funded by all these folks he scammed.  How can you live with yourself? 

Sorry for the rant, it just pisses me off.  We were almost conned in the same way but it was Welk resorts.  I thought they were the worst.....until I read about Westgate.  And saw that movie.  And saw that Westgate's list of negative reviews and pissed off owners vs Welk was like comparing the population of California to the population of Wyoming.


----------



## theo

Few would dispute that (at least in the U.S.) Westgate is "the worst of the worst" for lying, deceitful timeshare sales weasels and practices.
Wyndham weasels certainly have a solid lock on second place, but cannot hope to catch or beat the U.S. "champion" Wastegate.
However, the undefeated *world* champions of slimy timeshare sales weasels and deceitful practices are all in Mexico.


----------



## KrayzieCD

theo said:


> Few would dispute that (at least in the U.S.) Westgate is "the worst of the worst" for lying, deceitful timeshare sales weasels and practices.
> Wyndham weasels certainly have a solid lock on second place, but cannot hope to catch or beat the U.S. "champion" Wastegate.
> However, the undefeated *world* champions of slimy timeshare sales weasels and deceitful practices are all in Mexico.



Is there a thread where people talk about the kinds of lies the Mexican timeshare folks will say and the actions they take that make them the worst?  I imagine that would be another entertaining read, like this thread was. 

Are there any timeshare companies that are actually honest with their customers?  As in, buying from them is actually a good experience?

 I don't see Welk mentioned much in this board.  But a lot of lies folks mentioned here are the same lies we received while on our presentation. 

One thing my girlfriend and I vividly remember that was absolutely sleazy was when looking at the terms of the deal we were getting the salesman drafts up a paper.  We look it over and notice there is a 5% restocking fee for if we cancel.  We ask about it and the salesman says 'you don't have to worry about that since you're not gonna cancel anyway'. After getting home and looking over all the papers we couldn't find that paper anywhere.  After we rescinded the purchase we were waiting to see if this 5% fee would be taken out.  Nope.  All our money back and they didn't even bother asking for their zip drive and binder back.  So that BS paper was a ploy to convince us not to cancel.


----------



## TUGBrian

yes, you can find countless threads on that very topic in the mexico forum here on TUG.

vidanta is one regularly mentioned!


----------



## KrayzieCD

TUGBrian said:


> yes, you can find countless threads on that very topic in the mexico forum here on TUG.
> 
> vidanta is one regularly mentioned!



Thanks for the info!

And sorry about the swearing.  I'm used to other forums where the expletives run free.  And when talking about these timeshare developers all that runs through my mind are swear words.  I will clean that up in future postings.


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## TUGBrian

i dont think many mind the occasional curse word (especially when describing developers)...but we do have a be courteous rule on here to keep things from spiraling out of control.


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## Chris915

UPDATE!!!!
Signed contract 9-15-17
Rescind Letter mailed 9-23-17 (8th day of THE 10 day rescind period)
Received FULL Refund 10-4-17
Received Cancellation Letter 10-10-17
Now....Westgate Free!!!!!!!

They did not withhold any $$ for the tablet or binder but I will mail those back to them as promised in my letter.

Thanks for all the information and assistance to those on this Forum!


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## TUGBrian

very happy to hear you successfully rescinded your westgate purchase and got a full refund!


----------



## jwalk03

Chris915 said:


> UPDATE!!!!
> Signed contract 9-15-17
> Rescind Letter mailed 9-23-17 (8th day of THE 10 day rescind period)
> Received FULL Refund 10-4-17
> Received Cancellation Letter 10-10-17
> Now....Westgate Free!!!!!!!
> 
> They did not withhold any $$ for the tablet or binder but I will mail those back to them as promised in my letter.
> 
> Thanks for all the information and assistance to those on this Forum!



Just save the postage and keep them.  If you already got your money back, they won't be billing you for them.


----------



## rickandcindy23

Chris915 said:


> UPDATE!!!!
> Signed contract 9-15-17
> Rescind Letter mailed 9-23-17 (8th day of THE 10 day rescind period)
> Received FULL Refund 10-4-17
> Received Cancellation Letter 10-10-17
> Now....Westgate Free!!!!!!!
> 
> They did not withhold any $$ for the tablet or binder but I will mail those back to them as promised in my letter.
> 
> Thanks for all the information and assistance to those on this Forum!


Good for you!  I would mail them back because you said you would.  Keep your word and rise above their sleazy sales tactics.


----------



## theo

jwalk03 said:


> Just save the postage and keep them.  If you already got your money back, they won't be billing you for them.



I respectfully disagree with both this conclusion and this recommendation. If the submitted rescission letter stated, under signature, that these materials would be returned under separate cover, Westgate would certainly have every right to bill for the full retail value of those items if not subsequently returned.
This is *Westgate* we're talking about, after all; I wouldn't put *anything* past them. Just return that stuff and wash your hands of those people forever.


----------



## chalee94

KrayzieCD said:


> Are there any timeshare companies that are actually honest with their customers?  As in, buying from them is actually a good experience?



Disney salespeople have the occasional issue with mild stretching of the truth, but I would have to imagine Disney is the best in the industry.  (Doesn't hurt that if you need to resell, the Disney timeshares hold 70% or so of their value.)


----------



## theo

KrayzieCD said:


> Are there any timeshare companies that are actually honest with their customers?  As in, buying from them is actually a good experience?



For the most part, with few exceptions, the answer is *no*. A different question to consider is why limit yourself to buying developer-direct in the first place?

After you make the effort to do some homework (...yes, it takes time and patience, but TUG is a great site to acquire a solid timeshare education), your efforts will help you develop a good feel and focus for exactly what you might want (fixed week? floating week? where? a pure points contract with no particular resort or location attachment?, etc.) you can likely find that product offered *somewhere* in the resale market for mere pennies on the dollar.

I respectfully submit that it's better and cheaper to acquire what you want in the resale market, as opposed to grossly overpaying for something force-fed to you by aggressive and deceitful developer sales weasels, peddling what _*they*_ want you to buy. Their force fed product may prove to *never* serve you particularly well (...such as the Westgate "product" you are currently and wisely escaping ---and which becomes literally worthless in the resale market as soon as the rescission period ends). You're really dodging a bullet here; kudos to you. 

Btw, consider that any and every timeshare unit anyone ever occupies is, by definition, a "used" product. There is simply *nothing* particularly smart or beneficial in unnecessarily overpaying big bucks to a developer to gain access to the same timeshare units and intervals that you can likely find on your own in the secondary market for a *whole* lot less money.

Just my own verbose $0.02 worth --- you asked.


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## lax23eo

Hi Everyone,

I just wanted to take this opportunity to say "Thank You" for all the advises on this forum. I have a lot to learn before committing to one.  I got pressured into buying a floating week at Westgate Park City, UTAH. I was sold on the idea that Westgate Park City had more value than other resorts owned by the same company. 1 week at Park City is equal to 2 weeks which can be split up somewhere else to my understanding. Since I have a schedule that allows me to take vacations throughout the year if planned accordingly, this sounded like a good idea and was sold. As soon as I went back to the hotel, I did my research and had buyers remorse when I discovered other timeshares with the same company selling for thousands less! This killed me during our vacation. They didn't give me any paperwork of the contract,  just copies on a CD-R, an imitation iPad to do my bookings, and a binder. I had to wait until I got home to get a closer look at the contract. At home,  my laptop couldn't read the disc and started to worry. I tried contacting them (the ones that sold me the timeshare) via text to see if they could send it to me PDF but no one would give me an e-mail right away. I was given the run around, I was told that corporate is aware of my concerns and that they will get back to me which corporate never did. I managed to get my laptop to read the CD-R. I carefully went through the documets and took note of the resciccion period...I have 24hrs to spare. I was relieved. I also read somewhere that there is a hidden pocket in the binder that has directions on how to cancel, I found the pocket but was empty. I used a template on this forum to write my resciccion letter that was helpful. Instead of using "Florida statues" I used Utah Statues since thas where my timeshare was bought and is located in, I hope I did it right. The certified mail w/ receipt was mailed prior to this post. I hope my outcome is favorable like everyone else's that managed to beat the deadline. I'll update when I can.


----------



## Iggyearl

Congratulations!! You are a quick thinker and a great problem solver.  Sounds like you did fine.  If the salesman calls, just let it go to voice mail.  You will get your refund in the time period required by law.  TUG is a great resource for everything "timeshare."  You can always buy a timeshare on the resale market.  You might want to learn more about the different systems.  Many TUG members prefer systems other than Westgate.


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## theo

lax23eo said:


> *Instead of using "Florida statutes" I used Utah statutes since that where my timeshare was bought and is located in*, I hope I did it right. The certified mail w/ receipt was mailed prior to this post. I hope my outcome is favorable like everyone else's that managed to beat the deadline.



Utah rescission period is 5 days, whereas Florida rescission period is 10 days. I hope that your reference above to two different states (and your posting in the Florida forum) does not imply that you believed (incorrectly) that you had 10 days to rescind a contract executed in Utah. 

If you got your rescission correspondence postmarked within the 5 days allotted, congratulations and well done. You've dodged a bullet. 

Westgate is notorious for being "creative" in making it difficult for people to learn about their rescission rights, but if you have overcome those deliberately placed hurdles and obstacles, you need not "hope". The *law* is on your side (remember, rescission right is the *law*; it is not a developer choice or a voluntary act of benevolence). Fortunately, even the slimy and deceitful likes of Westgate will always comply with the law in a properly and timely submitted rescission.

Good on 'ya! The best Christmas present you could give yourself this year is staying far, far away from the likes of "Wastegate". The properties themselves are fine, but their people and their company practices (including punitive constraints imposed on resale purchases, rendering them worthless) are simply "the pits".


----------



## lax23eo

theo said:


> Utah rescission period is 5 calendar days, whereas Florida rescission period is 10 days. I hope that your reference above to two different states (and your posting in the Florida forum) does not imply that you believed (incorrectly) that you had 10 days to rescind a contract executed in Utah.
> 
> If you got your rescission correspondence postmarked within the 5 calendar days, congratulations and well done. You've dodged a bullet.
> 
> Westgate is notorious for being "creative" in ways to make it difficult for people to learn about their rescission rights, but if you have overcome those deliberately placed hurdles and obstacles, you need not "hope". The *law* is on your side (remember, rescission right is the *law*; it is not a developer choice or a voluntary act of benevolence). Fortunately, even the slimy and deceitful likes of Westgate will always comply with the law in any proper and timely submitted rescission.
> 
> Good on 'ya! The best Christmas present you could give yourself this year is staying far, far away from the likes of "Wastegate". The properties themselves are fine, but their people and their company practices (including punitive constraints imposed on resale purchases, rendering them worthless) are simply "the pits".




My apologies to posting in the Florida Forum. I Googled "Westgate Cancel Timeshare" and this is how I found this wonderful forum! I read all the comments and added my experience. 

This is what I quoted from the contract that I put in my Rescission letter:
PURCHASERS RIGHT TO CANCEL: "YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY CANCELLATION FEE OR OTHER PENALTY BY HAND DELIVERING OR SENDING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR A DELIVERY SERVICE THAT PROVIDES PROOF OF DELIVERY, WRITTEN NOTICE OF CANCELLATION TO THE DEVELOPER. THE NOTICE MUST BE DELIVERED OR POSTMARKED BY MIDNIGHT OF THE FIFTH BUSINESS DAY FOLLOWING THE DAY ON WHICH THE AGREEMENT IS SIGNED. IN COMPUTING THE NUMBER OF BUSINESS DAYS, THE DAY ON WHICH THE CONTRACT IS SIGNED IS NOT INCLUDED." (57-19-12, UTAH CODE)

I wonder if Saturday/ Sunday is considered a business day? If not, weekends and holidays shouldn't count? Calendar days would make me ineligible to rescind my contract . The language in the above quote used "business days" and doesn't specify if weekends count or not. Are they open 7 days a week?


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## Passepartout

lax23eo said:


> I wonder if Saturday/ Sunday is considered a business day? If not, weekends and holidays shouldn't count? Calendar days would make me ineligible to rescind my contract . The language in the above quote used "business days" and doesn't specify if weekends count or not. Are they open 7 days a week?


I believe that for these purposes, Sunday would not be considered a business day. (I just read your original post) It appears you got a letter in the mail already, so you've been proactive and done what you could. Keep your fingers crossed that Wastegate gives you a gift instead of a lump of coal.


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## theo

lax23eo said:


> I wonder if Saturday/ Sunday is considered a business day? If not, weekends and holidays shouldn't count? Calendar days would make me ineligible to rescind my contract . The language in the above quote used "business days" and doesn't specify if weekends count or not. Are they open 7 days a week?



If your certified mail rescission was *postmarked* within 5 days of contract execution (day 1 is the day *after* contract execution date), that's all that matters.
It does not matter at all when they actually receive the rescission. *Postmark date* on your rescission correspondence is all that matters, and the date stamped receipt issued to you at the USPS counter is your hard copy documentation of having met the 5 days rescission deadline.

Fwiw, I agree with Passepartout that Sunday is unlikely to be regarded as a business day, but Saturday might be another matter. I would _*s*_*peculate* that Saturday (unlike Sunday) may be just like any other weekday "business day" to Westgate, but I would be glad to be mistaken. You can likely dig up a specific definition of "business day" somewhere within the applicable state law.

In any case, you've done all that you can do and I hope that you are able to permanently escape the clutches of sleazy and slimy Wastegate. It was no accident that you received a indecipherable CD-R instead of hard copy that you could just sit down and read. It was also no accident that you later got a unhelpful and unresponsive song and dance routine and runaround when attempting to get clarification on rescission. All of those Westgate machinations are an integral part of their strategy to have the clock run out on purchasers who later have buyer's remorse and then seek to initiate contract cancellation.

Frankly, I cannot fathom how / why the law allows a CD-R to be provided in place of "hard copy" for legal notice of rescission rights. I'm betting that many people (some seniors, to cite just one example) may not actually be able to access the CD-R contents at all or, or *anyone* travelling with a laptop without CD / DVD capability, making it viewable only when they get back home --- by which time the buzzer may have  sounded indicating "game over" --- too late to rescind. That's willful, carefully planned outright deceit by Wastegate, in my book. I have never heard of any *other* developer (in the U.S., anyhow --- Mexico's a different story) working that hard or stooping that low to deliberately conceal from buyers their legal rights pertaining to contract rescission.


----------



## lax23eo

Thanks for your support everyone. This means a lot to me. I feel like I'm in the clear. 

I found this link to clarify "business day" by Utah law.
_
https://le.utah.gov/xcode/Title57/Chapter19/57-19-S2.html?v=C57-19-S2_2016051020160510


Effective 5/10/2016_ 
57-19-2.  Definitions. 
     As used in this chapter:57-19-9 or by a division rule made under this chapter.
(4) "Association" means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers.
(5) "Business day" means a day other than a Saturday, Sunday, or state or federal holiday.

I feel much better about this mess that I put myself in.


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## Passepartout

lax23eo said:


> (5) "Business day" means a day other than a Saturday, Sunday, or state or federal holiday.


Excellent! Thanks for digging up the clarification.
If YOU feel good about it, then WE feel good too. That's why we're here.

Jim


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## lax23eo

Hi everyone. Just wanted to provide an update. Thanks to this forum, I was able to rescind my contract with Westgate. It took a while to see my full deposit refunded on my credit card. I was checking my account on a regular basis which probably didn't help. I'm just glad this ordeal is over and done with. Thank you again!


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## Passepartout

lax23eo said:


> Hi everyone. Just wanted to provide an update. Thanks to this forum, I was able to rescind my contract with Westgate. It took a while to see my full deposit refunded on my credit card. I was checking my account on a regular basis which probably didn't help. I'm just glad this ordeal is over and done with. Thank you again!


Good News! Congrats!


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## PorkyChop

Hello everyone.

So glad I found this site. The information I gathered by reading all of these posts is amazing.  I did exactly what everyone has said to do and mailed the letter certified mail before I even left Florida this morning. Today is the 5th day.  So I am well within the 10 day period.

I have seen that you keep track of how much this site has saved people.  You saved me 8k and a life time of fees.  Thank you so much.


----------



## Gcandela23

Thank you all so much for the info! I too had gotten a timeshare and because of the info here I was able to send in my canellation letter. I sent a letter along with all the material they gave me back to the 2801 Winter Garden Rd. Just waiting to hear back.


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## Passepartout

Gcandela23 said:


> Thank you all so much for the info! I too had gotten a timeshare and because of the info here I was able to send in my canellation letter. I sent a letter along with all the material they gave me back to the 2801 Winter Garden Rd. Just waiting to hear back.


Congratulations! Welcome to TUG. It may be up to 45 days before you see the refund, and they are under no obligation to notify you of the progress of the rescission. It's stressful, but they HAVE to process your timely rescission. It's the LAW and not a courtesy.

Jim


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## taterhed

Gcandela23 said:


> Thank you all so much for the info! I too had gotten a timeshare and because of the info here I was able to send in my canellation letter. I sent a letter along with all the material they gave me back to the 2801 Winter Garden Rd. Just waiting to hear back.





PorkyChop said:


> Hello everyone.
> 
> So glad I found this site. The information I gathered by reading all of these posts is amazing.  I did exactly what everyone has said to do and mailed the letter certified mail before I even left Florida this morning. Today is the 5th day.  So I am well within the 10 day period.
> 
> I have seen that you keep track of how much this site has saved people.  You saved me 8k and a life time of fees.  Thank you so much.



Congratulations and welcome to TUG.  Consider joining; best $15 you'll ever spend.

Lot's of info here on how to buy, what to buy and if timeshares are right for you.
Take a look in the 'new to timesharing look here'  section


cheers.


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## Gcandela23

Passepartout said:


> Congratulations! Welcome to TUG. It may be up to 45 days before you see the refund, and they are under no obligation to notify you of the progress of the rescission. It's stressful, but they HAVE to process your timely rescission. It's the LAW and not a courtesy.
> 
> Jim


Thank you so much Jim! I really appreciate you posting and letting me and everyone know the process! I’ve looked up a lot of different t forums here to get as much info and I see you have the answers! Really appreciate that! I
Hope I am able to do the same for someone else!


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## Gcandela23

taterhed said:


> Congratulations and welcome to TUG.  Consider joining; best $15 you'll ever spend.
> 
> Lot's of info here on how to buy, what to buy and if timeshares are right for you.
> Take a look in the 'new to timesharing look here'  section
> 
> 
> cheers.


How do I join? What is the difference between joining and what I signed up for?


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## Karen G

Gcandela23 said:


> How do I join? What is the difference between joining and what I signed up for?


See this https://saas.shopsite.com/tug2/tugsecurepayment.html for how to sign up as a member on TUG. As a guest you can read and post, but as a member you have access to all the TUG reviews, which is valuable in determining which resorts you'd like to visit and/or own. Also, you get up to 25 free ads in the Marketplace.


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## taterhed

And, it helps keep this wonderful resource operating smoothing--without 1000's of ads--saving folks a ton of money and helping folks have great vacations!

Love 'me some TUG!


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## Charinel mendez

Maple_Leaf said:


> *Wastegate's "Secret Pocket"*
> 
> 
> 
> Here is information about the Wastegate "secret pocket" to help you find the documents:
> 
> http://tug2.net/timeshare_advice/westgate-cancellation-secret-pocket.html


Hi everyone I did the mistake of not doing checking online about this time share I have my on April 21 2018  went we got home we start searching for this beautiful westgate in Kissimmee but in you tube the video was not nice so we start getting worry so we did not set any cancellation paper but looking we found the yellow envelope and in there was the contrat we 10 days of cancalection so boing my search I found this web tugbb.com 
Learn about the letter you need to sent and were we did and they sent me a letter Saying we can not cancel your contract so I need a number of a lawyer from Orlando Florida please if you know of any let me know and what is the price the lawyer charges to cancel your time share


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## Charinel mendez

theo said:


> *A minor point of clarification...*
> 
> 
> 
> The FTC has no say or any other involvement in this particular matter of contract rescission. Are you maybe confusing this issue with the "Do Not Call" list, which is administered (...very poorly and ineffectively, I might add) by the FTC?
> 
> The right to rescind a developer-direct timeshare purchase is instead a matter of *state law*. This is exactly why there is such a wide range of rescission time periods among different states throughout the U.S., ranging from none at all, with most being 5-7 days, 10 days in Florida, up to 15 days (but that long only in Alaska).
> 
> Nonetheless, rescinding in time is certainly always a good thing.


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## Charinel mendez

Hi I was late for 3 days after the 10 day period they have this is why I need a lawyer to cancel.here is the letter they sent me


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## jwalk03

No lawyer can magically get you out of the contract that you legally agreed to.  Sorry for the bad news, but late is late, the law only gave you 10 days to cancel the contract you freely agreed to.

You can default on the loan and stop paying them (likely the best option you have at this point), but understand that there may be negative credit consequences if you chose this route.

Just DON'T fall for the upfront fee "lawyers" and scammers that promise to get you out of your legally binding contract for large upfront money.  They will just rip you off, and you will still be a very unhappy Westgate owner with even less money.


----------



## theo

Charinel mendez said:


> ...we start getting worry so we did not set any cancellation paper but looking we found the yellow envelope and in there was the contrat we 10 days of cancalection... they sent me a letter Saying we can not cancel your contract so I need a number of a lawyer from Orlando Florida please if you know of any let me know and what is the price the lawyer charges to cancel your time share



As others  (and Westgate itself) have already noted, you acted too late to cancel a contract signed on April 21. Paying a lawyer is not going to change that fact --- and rest assured that Westgate has capable lawyers looking out for them. Florida state law provides 10 days to rescind (cancel) a timeshare contract, but you did not cancel during the 10 days time frame.

It may be hard to accept, but as others have also already noted your best bet now might be to just wave goodbye to your deposit and pay nothing more from this point forward, defaulting on the loan. That's a difficult decision and one with potential negative credit report consequences, but keep in mind that what you purchased has no real value in the resale market anyhow --- so why spend even  *more* money for something that you probably couldn't even give away for free, even if it was already fully paid off?


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## NeverAgainTS

Hi everyone, my wife and I made the same mistake of getting a timeshare in Orlando, FL. We went in with the intention of not buying whatever they were gonna sell us. We ended up getting into a timeshare contract for $19K thinking it was gonna be a good investment. Little did we know it was a complete scam when our friend warned us about her experience with a different timeshare. She told us that we had 10 days to cancel, so we went to the same location where we bought ours and talked to the manager of their timeshare location. He tried to bargain us with hopes of us keeping the timeshare but we were adamant in getting rid of this timeshare. He later let us cancel saying that we had to write a letter of cancellation on the spot. So we wrote our request to cancel on a sheet of notebook paper and he went and got it stamped and scanned a copy of the letter and gave it to us.

Usually, this would be enough for us, but since they already lied to us before and multiple times after, we typed up an official letter of cancellation and printed it (signed by both of us) and sent to the address listed on the contract via USPS in Sunny Isle Beach (certified mail and domestic return receipt). We also sent a scanned copy of our signature page from the contract and the original letter that we wrote there. Hopefully we are able to get our refund and out of this contract. But we just wanted to thank you for this thread. If it weren’t for this thread, we have no idea how we would go about cancelling our timeshare with Westgate.


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## Passepartout

Woo Hoo! Another $19,000 saved by TUG! Thank You for telling us.


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## taterhed

NeverAgainTS said:


> Hi everyone, my wife and I made the same mistake of getting a timeshare in Orlando, FL. We went in with the intention of not buying whatever they were gonna sell us. We ended up getting into a timeshare contract for $19K thinking it was gonna be a good investment. Little did we know it was a complete scam when our friend warned us about her experience with a different timeshare. She told us that we had 10 days to cancel, so we went to the same location where we bought ours and talked to the manager of their timeshare location. He tried to bargain us with hopes of us keeping the timeshare but we were adamant in getting rid of this timeshare. He later let us cancel saying that we had to write a letter of cancellation on the spot. So we wrote our request to cancel on a sheet of notebook paper and he went and got it stamped and scanned a copy of the letter and gave it to us.
> 
> Usually, this would be enough for us, but since they already lied to us before and multiple times after, we typed up an official letter of cancellation and printed it (signed by both of us) and sent to the address listed on the contract via USPS in Sunny Isle Beach (certified mail and domestic return receipt). We also sent a scanned copy of our signature page from the contract and the original letter that we wrote there. Hopefully we are able to get our refund and out of this contract. But we just wanted to thank you for this thread. If it weren’t for this thread, we have no idea how we would go about cancelling our timeshare with Westgate.



Sorry to see your user name "never again TS..."   cause timeshares are actually a very good thing for some folks.  Not right for everybody, but then again, what is?  Very smart of you to 'technically' comply with the rescission instructions.....you never know.

Now that you've rescinded, browse around TUG and see if timeshares are right for you (resale).  There's a 'newbie survey' that will give you a clue whether timeshares might be right for you and what it might entail to purchase and own resale.   What to buy (are timeshares right for me) link here!!!!!

Cheers to you!  Glad you found TUG


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## NeverAgainTS

taterhed said:


> Sorry to see your user name "never again TS..."   cause timeshares are actually a very good thing for some folks.  Not right for everybody, but then again, what is?  Very smart of you to 'technically' comply with the rescission instructions.....you never know.
> 
> Now that you've rescinded, browse around TUG and see if timeshares are right for you (resale).  There's a 'newbie survey' that will give you a clue whether timeshares might be right for you and what it might entail to purchase and own resale.   What to buy (are timeshares right for me) link here!!!!!
> 
> Cheers to you!  Glad you found TUG


Yeah after looking at it carefully, we realized it wasn’t for us. We usually travel in large family groups and when we did the math it just didn’t make sense for us. We’re newly weds so we still have a lot of other things we have to save for.


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## taterhed

NeverAgainTS said:


> Yeah after looking at it carefully, we realized it wasn’t for us. We usually travel in large family groups and when we did the math it just didn’t make sense for us. We’re newly weds so we still have a lot of other things we have to save for.



sounds like you made a sound and considered choice.

Maybe in a few years (or more) when you've got some more vaca time for family! 

We'll still be here. (insert your favorite 'I hope'  or religious type phrase here)


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## NeverAgainTS

Update: So I checked the USPS tracking this morning and the status is coming up as “Available for pickup”. I guess this means that they refused the package for the office was closed. What should I do?


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## vacationtime1

Do nothing.  If your rescission is postmarked within the rescission period, you win.

And you have proof (the USPS tracking) that you did rescind timely.

Be patient; the TS seller is _*extremely*_ unlikely to violate the law.


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## NeverAgainTS

vacationtime1 said:


> Do nothing.  If your rescission is postmarked within the rescission period, you win.
> 
> And you have proof (the USPS tracking) that you did rescind timely.
> 
> Be patient; the TS seller is _*extremely*_ unlikely to violate the law.



Thanks vacationtime1. I will keep a close eye on it. We definitely have our letter postmarked well within the 10 calendar days. We also have the original cancellation letter that we wrote on the spot with Westgate’s stamp on it along with the date. I’m just nervous due to their way of dealing with people.


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## NeverAgainTS

Update: So my wife called the corporate office yesterday to inquire on the cancellation process. They told her that the contract has been cancelled and that it should take a few days to process the refund. Should I take their word at face value or should I send out another letter?

I’m still well within the 10 calendar days. My previous letter has been delivered and the return receipt is being sent back to me. I know they won’t break the law or anything, but I just want to have as much evidence as possible in case this has to go to court.

Edit: they have made no attempts to call us either. So I guess that has me worrying for some strange reason.


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## TheTimeTraveler

Follow the letter of the law:  Send a certified letter (return receipt requested) and don't do it any other way.

Verbally doing it may not be recognized......




.


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## NeverAgainTS

TheTimeTraveler said:


> Follow the letter of the law:  Send a certified letter (return receipt requested) and don't do it any other way.
> 
> Verbally doing it may not be recognized......
> 
> 
> 
> 
> .


Just to clarify, I did send a certified letter to rescind the contract. It’s just that my wife called the next day to confirm that it is being cancelled. I just want to make sure that by her calling it did not waive our original letter. Regardless, I will send another certified letter reaffirming our intent to cancel.


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## taterhed

I certainly understand your angst at this waiting...

But you have completed the legal required steps and quite a few steps beyond that.

Keep Good Records, you have more than adequate documentation to prove that you complied with the rescission requirements.

Your job is done, just wait for the check to show up (or acknowledgement etcetera)

Miller time so to speak 

Sent from my SM-N950U using Tapatalk


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## Donut29

Newbie here. I let them talk me into purchasing May 19. I put part of a down payment and this month is the final part of the down payment. Is there any advice you can give to to still cancel when still paying the down payment? This was a HUGE mistake. Makes me sick everyday! I just want out! What can I do? TIA


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## taterhed

Donut29 said:


> Newbie here. I let them talk me into purchasing May 19. I put part of a down payment and this month is the final part of the down payment. Is there any advice you can give to to still cancel when still paying the down payment? This was a HUGE mistake. Makes me sick everyday! I just want out! What can I do? TIA




I'm sorry to say....but the rescission period for your purchase has long passed.  There is no-longer any 'easy' way out.  Your choices are simple:

Learn to use what you bought and enjoy some great vacations with your family/friends.  TUG is the best place to learn how.....
Try to rent your ownership to recover the expenses.  There are many here on TUG that can help figure out what to do.
Ignore the debt and default on the sale.  This will have serious impacts on your credit and may result in legal action.  Not recommended for most.
Declare bankruptcy if appropriate.  Probably not for you.
Let me caution you.  PLEASE READ AND HEED:

There is NO easy way out
Anyone who tells you "I can make this go away for money $$$..."  is lying (unless you want an OJ Simpson Lawyer and $$$$ bills)
DON'T pay money up-front to try and sell or make it go away.  These outfits will take your money....and give you nothing
You can not sell/give/donate a timeshare that you owe money on.  It must be paid-off first.
You signed a very-well engineered contract.  It is designed to be 'unbreakable.'  You can't simply 'make it go away...' no matter what you hear/see or read or Google etc.....

Sorry.  Learn to use/rent/love what you bought and enjoy time with those you love.

Cheers


----------



## TheTimeTraveler

Donut29 said:


> Newbie here. I let them talk me into purchasing May 19. I put part of a down payment and this month is the final part of the down payment. Is there any advice you can give to to still cancel when still paying the down payment? This was a HUGE mistake. Makes me sick everyday! I just want out! What can I do? TIA





You own it.  It's too bad, but it is what it is.  Taterhed's post is excellent so do take the time to read it.

Make the best out of it (i.e. use it, trade it, or rent it).

Best of luck!




.


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## Donut29

Sucks but thanks for the info!


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## Passepartout

Donut29 said:


> Sucks but thanks for the info!


There is life after buying a timeshare from the developer. We took a poll here and it turns out that half of TUGgers bought their first TS from the developer. We've all learned to use them, and most have bought more (resale, of course). Timeshare vacations are some of the best memories you can give your family, and you can travel to places you've only dreamed of. We generally hate Wastegate's business practices, but they have very nice resorts in great locations. 

So stick around TUG. Do some reading in the Westgate forum. Learn to use what you own.

Best wishes, and Welcome to TUG!

Jim


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## theo

Passepartout said:


> Do some reading in the Westgate forum. Learn to use what you own.



There is no Westgate forum on TUG to the best of my knowledge and belief.

I had suggested establishing same to TUG Brian a year or three ago, but he offered some good reasons (which I cannot now recall) for not doing so.

Perhaps there could just be a Wastegate "sticky" that simply says *STAY FAR, FAR AWAY!*


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## Passepartout

theo said:


> Perhaps there could just be a Wastegate "sticky" that simply says *STAY FAR, FAR AWAY!*


OK. No dedicated forum, but this advice rings true. Unfortunately, after someone is roped in by them, there is only general timeshare advice to help them get started.


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## Passepartout

theo said:


> Perhaps there could just be a Wastegate "sticky" that simply says *STAY FAR, FAR AWAY!*


OK. No dedicated forum, but this advice rings true. Unfortunately, after someone is roped in by them, there is only general timeshare advice to help them get started.


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## AlbertST

Hello
We bought a TS with west gate on 2015, by the time we realized that it was a bad idea it was over a year, since then i have tried to contact wetgate and find a way to cancel it but they keep telling us that the only way is to sell it to someone else (obviously no one wants to buy it)
At this point we are desperate, and i just found this forum.
We are not from US and we are planing to go on september as the last option.
Please help us with any advice.


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## DeniseM

Going to the resort will not help at all - the resort itself has nothing to do with cancelling ownerships.  I definitely would not go to the resort - they will just try to talk you into "cheaper" alternatives that will actually cost you more - *don't go!*

The only way to get out of it is to let it go into foreclosure.  If I lived outside the US, I would just stop paying and let them take it back.  You may get a few phones calls or letters from them, and then after awhile they will give up and foreclose on it.  

As long as you keep paying - they will not take it back.


----------



## AlbertST

DeniseM said:


> Going to the resort will not help at all - the resort itself has nothing to do with cancelling ownerships.  I definitely would not go to the resort - they will just try to talk you into "cheaper" alternatives that will actually cost you more - *don't go!*
> 
> The only way to get out of it is to let it go into foreclosure.  If I lived outside the US, I would just stop paying and let them take it back.  You may get a few phones calls or letters from them, and then after awhile they will give up and foreclose on it.
> 
> As long as you keep paying - they will not take it back.



What legal consequences could we face?
I was told that we could lose the Visa, but what could happen if it goes to foreclose?


----------



## Passepartout

AlbertST said:


> What legal consequences could we face?
> I was told that we could lose the Visa, but what could happen if it goes to foreclose?


It may make getting credit in the US more difficult or costly. Not knowing where you live, we can't know if a foreclosure might affect your credit report at home. The general consensus here is that for non-Americans, there is no consequence.

No one will check your credit score when you enter the US. It will have ZERO effect on your ability to travel.

Jim


----------



## AlbertST

Thank you so much we really appreciate all the help
Im sorry to keep asking but i have like a thousand questions
1) Is there a time for the credit records to expire? for example in Costa Rica after 5 years all the credit records get deleted, Im asking because i have Visa for 10 years so if they get deleted before that there should be no problem once i have to ask for it again.
2) the share time in under the name of my mother in law, my wife and me, we were thinking about asking them to remove 2 of us from the contract and leave just one (in case there are issues with the Visa in a future) is this possible?
3) I was thinking if accepting a "cheaper alternative" is like a new contract and we will have the option to cancel before the 15 days,  don't believe they are so ingenuous, 
Once again thank you for the help


----------



## Passepartout

AlbertST said:


> Thank you so much we really appreciate all the help
> Im sorry to keep asking but i have like a thousand questions
> 1) Is there a time for the credit records to expire? for example in Costa Rica after 5 years all the credit records get deleted, Im asking because i have Visa for 10 years so if they get deleted before that there should be no problem once i have to ask for it again.
> 2) the share time in under the name of my mother in law, my wife and me, we were thinking about asking them to remove 2 of us from the contract and leave just one (in case there are issues with the Visa in a future) is this possible?
> 3) I was thinking if accepting a "cheaper alternative" is like a new contract and we will have the option to cancel before the 15 days,  don't believe they are so ingenuous,
> Once again thank you for the help


First- Your Visa to travel WILL NOT BE AFFECTED by your credit report. Immigration- the governmental department that oversees travel and admittance to the USA is entirely different from agencies- like the credit reporting companies- which are private- not governmental. They have nothing to do with one another!

After you suffer a 'bad' credit report- such as a foreclosure or bankruptcy, it takes 7 years for those records to 'disappear', but you can dispute the report immediately after it's filed, and it's hard to imagine a future lender holding a timeshare default against someone. They know how predatory Wastegate is and will likely hold you blameless as long as you pay your other bills on time. Defaulting Wastgate may actually improve your credit by freeing up more of your income for other purposes.

Don't fall for the 'cheaper alternative'! You CANNOT make a new purchase, then rescind in order to 'get out' of the earlier purchase. It doesn't work that way. 

If you are planning a trip to use the timeshare you bought and are considering defaulting on, DO NOT say anything while you are there. No good will come of any confrontation with the sales room. Those people have just one mission, and that is to separate you from more of your money! They have nothing o do with the lending arm that financed what you already bought. Completely different people in a different office. My BEST advice is to simply STAY AWAY from the sales room! If you must go there to get discounted tickets or parking pass or something, practice saying "NO, NO, NO" as many times as necessary. 

Good Luck. But do not worry about defaulting. In the end, it will improve your life.

Jim


----------



## DeniseM

2) the share time in under the name of my mother in law, my wife and me, we were thinking about asking them to remove 2 of us from the contract and leave just one (in case there are issues with the Visa in a future) is this possible?

*They won't do that because all 3 of you are obligated to pay the loan - they aren't going to let any of you off the hook.*

3) I was thinking if accepting a "cheaper alternative" is like a new contract and we will have the option to cancel before the 15 days, don't believe they are so ingenuous, 

*It doesn't work like that - if you cancel the 2nd purchase, it just reverts back to the first purchase.  

Your only option is to default and let it go into foreclosure.*


----------



## TheTimeTraveler

AlbertST said:


> Thank you so much we really appreciate all the help
> Im sorry to keep asking but i have like a thousand questions
> 1) Is there a time for the credit records to expire? for example in Costa Rica after 5 years all the credit records get deleted, Im asking because i have Visa for 10 years so if they get deleted before that there should be no problem once i have to ask for it again.
> 2) the share time in under the name of my mother in law, my wife and me, we were thinking about asking them to remove 2 of us from the contract and leave just one (in case there are issues with the Visa in a future) is this possible?
> 3) I was thinking if accepting a "cheaper alternative" is like a new contract and we will have the option to cancel before the 15 days,  don't believe they are so ingenuous,
> Once again thank you for the help






You have some very interesting (and legal) questions.   My suggestions would be to consult an attorney who is knowledgable in Time Share transactions and law.



.


----------



## AlbertST

Thank so much to everyone


----------



## WackyLucy

AlbertST said:


> Is there a time for the credit records to expire?



In the U.S., negative credit report information remains intact for seven years.

I believe your other questions have already been answered by others above.


----------



## Tess L

Passepartout said:


> Interesting. But simply cancelling the credit card does not cancel the debt of a legally executed and signed contract.
> 
> Looking back at your Nov.11 post, the bottom line suggests you contact Wastgate's Owner Relations Dept. Did you?
> 
> It appears they are, as suggested, playing hard ball. Unfortunately, you seem to owe them money, and they have found a way to collect it.
> 
> Sorry for the reality check. You went beyond the rescission period, and they took advantage of the situation- all along saying, "We don't make the laws, but if they are to our advantage, we'll use 'em against you."
> 
> It might be time to figure out how to use your timeshare. Believe me, you are not the first, nor will you be the last TUGger to have paid retail for their first timeshare (actually it's about half of us). Some have even gone back to the developer for more. There is something to be said for nice vacations.
> 
> Jim


Hi Jim,

Is this the address we use to cancel Westgate Timeshare purchased in Las Vegas, Nevada as well? Thanks so much. -- Tess

Westgate Resorts LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761


----------



## Passepartout

Tess L said:


> Hi Jim,
> 
> Is this the address we use to cancel Westgate Timeshare purchased in Las Vegas, Nevada as well? Thanks so much. -- Tess
> 
> Westgate Resorts LTD
> 2801 Old Winter Garden Rd
> Ocoee Florida 34761


That's the one.


----------



## Danny Rodriguez

Hi, me and my wife also bought a timeshare with Westgate on saturday. We both never heard of timeshare before so we thought it was a good investment but after we leave the building I started to read people review about timeshare and we decided to cancel due to all the bad review I read, a friend who owns a timeshare for more the 20 yrs, and this TUG. We bought it on Saturday and send the cancellation letter Tuesday which is our 3rd day with the contract. Once I know that they cancelled the contract for sure I will be back to let everyone know. Thanks for all the comments.


----------



## TUGBrian

so very happy you found this long going thread and were able to cancel!


----------



## fleurinde

My husband and I purchased a timeshare from WG Palace after being invited for breakfast. We were adamant about NOT getting it but I guess after being pushed for 5 hours with our kids getting hungry and cranky, we finally relented after thinking we got a good deal. My husband could not sleep that night thinking about what we got ourselves into. Thanks to this website I was able to figure out that there was a 10-day cancellation period. This saved us $10,000 plus fees! We sent in our cancellation letter as well as the tablet and briefcase and also disputed the charges on our credit card. I will update you all once we get our refund. Thanks again! Maybe we will buy a timeshare some time in the future but after much research and consideration.


----------



## Passepartout

fleurinde said:


> My husband and I purchased a timeshare from WG Palace after being invited for breakfast. We were adamant about NOT getting it but I guess after being pushed for 5 hours with our kids getting hungry and cranky, we finally relented after thinking we got a good deal. My husband could not sleep that night thinking about what we got ourselves into. Thanks to this website I was able to figure out that there was a 10-day cancellation period. This saved us $10,000 plus fees! We sent in our cancellation letter as well as the tablet and briefcase and also disputed the charges on our credit card. I will update you all once we get our refund. Thanks again! Maybe we will buy a timeshare some time in the future but after much research and consideration.


Congratulations on finding your way through this long, long thread and making the decision to rescind. Those Wastegate salesweasels use every trick in the book- and some they invent- to wear you down and coerce you into signing. It should be criminal! NOW. Stay off the phone. If you are in their unit- unplug the phone. No One you want to talk to will call you on it anyway. 

Welcome to TUG. When you feel it's the right time to buy- RESALE- c'mon back and become an informed buyer. We can help.

Jim


----------



## fleurinde

Passepartout said:


> Congratulations on finding your way through this long, long thread and making the decision to rescind. Those Wastegate salesweasels use every trick in the book- and some they invent- to wear you down and coerce you into signing. It should be criminal! NOW. Stay off the phone. If you are in their unit- unplug the phone. No One you want to talk to will call you on it anyway.
> 
> Welcome to TUG. When you feel it's the right time to buy- RESALE- c'mon back and become an informed buyer. We can help.
> 
> Jim




Thank you so much for the resources. I could not believe that we bought one when we did. I'm not sure what came over us, honestly. I really disliked the fact that when we asked if we could have some time alone to discuss, they almost did not want to leave us alone and came back every two minutes. When I was about to give my credit card, I was still a little hesitant and the salesperson just snatched it from my hand. I should have cancelled it then and there! But hindsight is 20/20.  I feel bad for the people around us who just signed their money away after a brief conversation with the agents. Also, even the notary who says she wasn't an employee of WG and was there to make sure we understood everything, did not mention anything about cancellation. It's almost like she hurried us into signing everything.


----------



## Passepartout

fleurinde said:


> I feel bad for the people around us who just signed their money away after a brief conversation with the agents. Also, even the notary who says she wasn't an employee of WG and was there to make sure we understood everything, did not mention anything about cancellation. It's almost like she hurried us into signing everything.


We feel awful about the ones they sign up like lambs to slaughter. I wish we could erect a billboard that could be seen from the salesroom that would say, "*RESCIND! BUY RESALE! $AVE THOU$AND$!*" Instead, we just hope they do a search before time to rescind runs out.

Jim


----------



## Fredflintstone

Passepartout said:


> We feel awful about the ones they sign up like lambs to slaughter. I wish we could erect a billboard that could be seen from the salesroom that would say, "*RESCIND! BUY RESALE! $AVE THOU$AND$!*" Instead, we just hope they do a search before time to rescind runs out.
> 
> Jim



Just remember their game and you won’t get slaughtered.

1. Offer a trinket. No different than putting a worm on the hook to catch a fish, or bait in a trap to catch and eat a rabbit.
2. Be friends. Soften you up before roasting. Think of it like getting trapped with the bait and now being tenderized for the BBQ. Hangmen used to befriend the condemned before hanging. It made them cooperate.
3. Apply pressure. Get different people working you over. The police do this to suspects to flesh out a confession. Sometimes, throw in an insult or two.
4. Get you to the signing table. Yep, you took the bait and cracked under the pressure. Signing needs to be fast just like long drop hanging to make death instant.
5. Get you out the door and hide documents so you don’t rescind.
6. Collect your cash and their commission.  Thanks for the juicy payday you idiot. They actually are known to treat their customer as an idiot. Or maybe you are just a trophy or another notch in their belt. Yay.

Now you know how to turn the tables and make them the fool. Don’t sign nothing. Take your bait and wiggle off the hook. After all, you don’t look like filet O Fish anyway.

Better yet:








Sent from my iPad using Tapatalk


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## Elangbam Chanu

Hi all I  purchased a timeshare in October 2018 from Westgate resort.  I like to cancel it. I called to westgate to cancel it within 30 days.Representative told me  it had past the 10 days cancelation period , if I have to cancel it it will go to collection and then foreclose. So I started looking for timeshare exit companies like wesley, resort release. Will it effect my credit if I  exit the timeshare through these exit companies? Some of them are changing 5k and above.Or is there a better option? Thanks in advance.


----------



## Talent312

Timeshare exit companies are frauds, not legit resellers.
They take your money, a POA to "sell it," and disappear.
You are left with a TS with a clouded title and less $$ in your pocket.

Better to offer a deed in lieu of foreclosure, or suffer the foreclosure.
.


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## T-Dot-Traveller

Elangbam Chanu said:


> Hi all I  purchased a timeshare in October 2018 from Westgate resort.  I like to cancel it. I called to westgate to cancel it within 30 days.Representative told me  it had past the 10 days cancelation period , if I have to cancel it it will go to collection and then foreclose. So I started looking for timeshare exit companies like wesley, resort release. Will it effect my credit if I  exit the timeshare through these exit companies? Some of them are changing 5k and above.Or is there a better option? Thanks in advance.


If you are in financial hardship - then choose foreclosure  &  take the credit hit.
DO NOT USE AN EXIT COMPANY - unless you truly want to spend money needlessly.

If you think it was a "poorly understood  purchase -then learn how to use what you bought .
Better vacations is your option .

TUG is Timeshare Users Group and you can learn how  for free here .
In a poll - over 50% of members bought their first timeshare from the developer like you did . 

Good Luck


----------



## Shankilicious

If your credit score is decent and somewhat important to you, pay off the timeshare, then sell it. Or keep it and learn to use it. I don't know how Westgate works but they've got a decent amount of well rated properties in II. So trading should be very doable. 
In order to make the most of a timeshare (I bought from the developer and had a very rough first year or two) you've really got to dig into it and figure out exactly how it works.


----------



## Elangbam Chanu

Thankyou all for your  suggestions. My credit is very good and don't want to lose it . I really don't want to keep it due to maintenance fees jumping so high compared to what they told us. I don't think it's worth to keep it either . With the maintenance fees amount we can get descent resorts.I want to sell it but some people says reselling companies are also frauds. If I sell in this site here in TUG what is  the process and what's the fees.Thanks in advance


----------



## Passepartout

Elangbam Chanu said:


> Thankyou all for your  suggestions. My credit is very good and don't want to lose it . I really don't want to keep it due to maintenance fees jumping so high compared to what they told us. I don't think it's worth to keep it either . With the maintenance fees amount we can get descent resorts.I want to sell it but some people says reselling companies are also frauds. If I sell in this site here in TUG what is  the process and what's the fees.Thanks in advance


You truly are between a rock and a hard place. You recognize that high maintenance fees get you into nice resorts, but think they're too high. So do the rest of us. 'Get you out' companies are ALL frauds out for your money. We get that too. You don't want to wreck your credit score. Neither do any of the rest of us. So what makes you different than every other TUGger? Nothing. Welcome to TUG. So Join TUG ($15). Spread the word. Get newbies to read their contract. If you'd only read yours, you wouldn't be in the fix you're in now. If people knew the evil that Wastegate is and what they've written into their contracts, Wastegate would have to change, but obviously enough people sign then don't read what they sign until too late that the owner can build America's biggest house.

But lets say you can find someone to buy your week. Not an easy task. Wastegate poisons their contract to take out all the perks from resale contracts. They can't exchange internally until like 60 days before move in. Bonus weeks are stripped. Much higher fees. Plus, NOBODY WILL BUY IT UNLESS IT'S PAID OFF. Then, it's just a matter of a few hundred bucks to transfer title to a new owner. There are TUGgers who do it every day, and really it's not that hard to do it yourself.

Welcome to TUG. You are now faced with the reality that you are a timeshare owner. Enjoy the ride.  And the vacations. At this point, the only choice is to pay it off and learn to use what you bought.

Jim


----------



## swditz

We bought from Westgate 6 years ago. While I would not recommend anyone buy resale because of the restrictions imposed, It is very different if purchased from Westgate. WE really like the resorts and go often. They treat owners quite well and offer a lot of amenities.
If you had caught it in time I would definitely say rescind. If however you do deside to keep it, learn how to use


----------



## DrQ

swditz said:


> We bought from Westgate 6 years ago. *While I would not recommend anyone buy resale because of the restrictions imposed, It is very different if purchased from Westgate.* WE really like the resorts and go often. They treat owners quite well and offer a lot of amenities.
> If you had caught it in time I would definitely say rescind. If however you do deside to keep it, learn how to use


We own at Westgate at a property that was absorbed by the company. I can attest to the 2nd class treatment of owners who have not purchased retail. I have posted on this subject.

Run away, run away, run away!


----------



## T-Dot-Traveller

Elangbam Chanu said:


> Thankyou all for your  suggestions. My credit is very good and don't want to lose it . I really don't want to keep it due to maintenance fees jumping so high compared to what they told us. I don't think it's worth to keep it either . With the maintenance fees amount we can get descent resorts.I want to sell it but some people says reselling companies are also frauds. If I sell in this site here in TUG what is  the process and what's the fees.Thanks in advance



How much is MF?
Is it a float week ? / what season ? 
book the highest “value “ week the earliest you can 
Say Presidents Week 2020 - I bet the cost per night will be less than a much smaller hotel room would be in Orlando that same week .

In timeshares booking early & leveraging your MF cost into highly desirable  weeks  is part of getting value from the ownership .


1) Once it is fully paid off - Westgate has a deed back program . TUG posters have said it is about $900
which is approx. one year’s MF . 

2) You can choose option (1)immediately / but personally I would try to use it before giving back .


----------



## Bean82

Can someone help me. My husband and I purchased from Westgate on the 29th of March in Gatlinburg. We got home yesterday and we just realized we made an awful decision. I was able to find this. I wrote a rescission letter to send. The problem is I went to open the cd that was given to us to print out the signature page. Guess what it’s empty. What should I do? I don’t know where to send this letter. I am sick to my stomach. I haven’t ate all day.


----------



## carnaby2905

Passepartout said:


> You truly are between a rock and a hard place. You recognize that high maintenance fees get you into nice resorts, but think they're too high. So do the rest of us. 'Get you out' companies are ALL frauds out for your money. We get that too. You don't want to wreck your credit score. Neither do any of the rest of us. So what makes you different than every other TUGger? Nothing. Welcome to TUG. So Join TUG ($15). Spread the word. Get newbies to read their contract. If you'd only read yours, you wouldn't be in the fix you're in now. If people knew the evil that Wastegate is and what they've written into their contracts, Wastegate would have to change, but obviously enough people sign then don't read what they sign until too late that the owner can build America's biggest house.
> 
> But lets say you can find someone to buy your week. Not an easy task. Wastegate poisons their contract to take out all the perks from resale contracts. They can't exchange internally until like 60 days before move in. Bonus weeks are stripped. Much higher fees. Plus, NOBODY WILL BUY IT UNLESS IT'S PAID OFF. Then, it's just a matter of a few hundred bucks to transfer title to a new owner. There are TUGgers who do it every day, and really it's not that hard to do it yourself.
> 
> Welcome to TUG. You are now faced with the reality that you are a timeshare owner. Enjoy the ride.  And the vacations. At this point, the only choice is to pay it off and learn to use what you bought.
> 
> Jim


o


swditz said:


> We bought from Westgate 6 years ago. While I would not recommend anyone buy resale because of the restrictions imposed, It is very different if purchased from Westgate. WE really like the resorts and go often. They treat owners quite well and offer a lot of amenities.
> If you had caught it in time I would definitely say rescind. If however you do deside to keep it, learn how to use




We own Westgate Leisure Resorts in Orlando. Would love someone to take it over. Have the deed.


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## T-Dot-Traveller

Bean82 said:


> Can someone help me. My husband and I purchased from Westgate on the 29th of March in Gatlinburg. We got home yesterday and we just realized we made an awful decision. I was able to find this. I wrote a rescission letter to send. The problem is I went to open the cd that was given to us to print out the signature page. Guess what it’s empty. What should I do? I don’t know where to send this letter. I am sick to my stomach. I haven’t ate all day.



There is an address posted about 17 posts back / this thread -page 11

Send it there tomorrow  - Mail / USPS 
get a  dated receipt  
use the service that gives you proof of delivery 

The date mailed is primary / with receipt to prove (if needed)
They are legally required to process the rescind


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## Passepartout

carnaby2905 said:


> We own Westgate Leisure Resorts in Orlando. Would love someone to take it over. Have the deed.


You have choices, unlike some others. You can sell it. List it for any price you wish in the TUG Marketplace, for the cost to you of membership- $15/year. If you list it for free in the TUG Bargain deals at the top of Buying, Selling.Renting Forum, you don't even have to be a member. Or, for a price, Wastegate will take it back.


----------



## Passepartout

Bean82 said:


> Can someone help me. My husband and I purchased from Westgate on the 29th of March in Gatlinburg. We got home yesterday and we just realized we made an awful decision. I was able to find this. I wrote a rescission letter to send. The problem is I went to open the cd that was given to us to print out the signature page. Guess what it’s empty. What should I do? I don’t know where to send this letter. I am sick to my stomach. I haven’t ate all day.



Westgate Resorts LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761


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## carnaby2905

We own a week at Westgate Leisure Resorts in Orlando. Would love someone to take it over. We have the deed.


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## TheTimeTraveler

Bean82 said:


> Can someone help me. My husband and I purchased from Westgate on the 29th of March in Gatlinburg. We got home yesterday and we just realized we made an awful decision. I was able to find this. I wrote a rescission letter to send. The problem is I went to open the cd that was given to us to print out the signature page. Guess what it’s empty. What should I do? I don’t know where to send this letter. I am sick to my stomach. I haven’t ate all day.





If you scroll up about 19 posts or so you will see the address as to where you need to send the rescission letter.

Get your letter down to the Post Office first thing in the morning, and send it out via certified mail with return receipt.

Now, please take a moment to enjoy something to eat.





.







.


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## TheTimeTraveler

carnaby2905 said:


> o
> 
> 
> 
> We own Westgate Leisure Resorts in Orlando. Would love someone to take it over. Have the deed.





Why not post it in the Bargain section?   I'm sure someone would like a free timeshare in Orlando as long as it fully paid off.





.


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## Passepartout

carnaby2905 said:


> We own Westgate Leisure Resorts in Orlando. Would love someone to take it over. Have the deed.



No need for the multiple posts. We get it.

The problem with Wastegate is that they strip all the perks from resale purchases. Assuming you bought from them, you have the ability to exchange internally to other Wastegate resorts, book a year in advance, and other goodies. If you transfer it to a new owner, they get none of that. They can only book at the home resort, and that something like 60 days before move in (if available?) Plus, from another post, I caught that it isn't current- you owe annual fees. NOBODY will buy ANY TS that has money owed on it.

You'll be lucky indeed to pay someone to take it off your hands- even for pay. Best Bet outside tefault and foreclosure would be to get current and pay Wastegate to take it back.

Now you see why we call them Wastegate!

Jim


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## Bean82

Passepartout said:


> Westgate Resorts LTD
> 2801 Old Winter Garden Rd
> Ocoee Florida 34761




Will it be ok without the signature page?


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## Passepartout

Bean82 said:


> Will it be ok without the signature page?


As long as you can identify yourself and the contract number and date you signed, they will have no choice but to honor the rescission. All who signed the contract will have to sign the letter. It's just easier to include a copy of the signature page. Not necessary.

Glad you found us in time. Send the letter USPS Certified w/return receipt so you have a paper trail. You're in luck, Tennessee has 15 days rescission period, so you're all good.

Jim


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## Bean82

Should we send the the Corporate office and the Gatlinburg location? I just can’t believe our cd that is supposed to have everything on it is blank. And where should I send my black binder and tablet? Should that be sent certified as well?


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## Passepartout

Bean82 said:


> Should we send the the Corporate office and the Gatlinburg location? I just can’t believe our cd that is supposed to have everything on it is blank. And where should I send my black binder and tablet? Should that be sent certified as well?


Just send to the Ocoee address Rescission Dept. Write on the letter, 'Promotional Materials to be returned under separate cover.' Then send it by cheapest means. If you want the tablet, keep it until they ask. If you send it, keep the postal receipt as proof.

Jim


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## Bean82

Passepartout said:


> As long as you can identify yourself and the contract number and date you signed, they will have no choice but to honor the rescission. All who signed the contract will have to sign the letter. It's just easier to include a copy of the signature page. Not necessary.
> 
> Glad you found us in time. Send the letter USPS Certified w/return receipt so you have a paper trail. You're in luck, Tennessee has 15 days rescission period, so you're all good.
> 
> Jim


The contract number is also on a upgrade piece of paper they gave us for a upgrade to purchase within the next year. But the numbers match the black cards as well. Does that sound right? 

Also my husband is a Jr. his dad has passed so when he signs he doesn’t go by that but the documents list him as a Jr. how should I have him sign? I just want to make sure it’s right. I want out of this.


----------



## Passepartout

Bean82 said:


> The contract number is also on a upgrade piece of paper they gave us for a upgrade to purchase within the next year. But the numbers match the black cards as well. Does that sound right?
> 
> Also my husband is a Jr. his dad has passed so when he signs he doesn’t go by that but the documents list him as a Jr. how should I have him sign? I just want to make sure it’s right. I want out of this.


I would sign however it's printed. You are over thinking this! Get it in the mail and be done.


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## Bean82

I know! I can’t see any docouments on the cd that was supposed to have everything on it. All I have is a paper copy of the warranty deed and a print out for a upgrade so I’m going with Jr. because it’s on the deed and the contract number listed on the upgrade because I’m assuming it’s the same thing.


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## TheTimeTraveler

Don't forget;   CERTIFIED Mail with Return Receipt.....   Save ALL Postal Receipts!



.


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## Bean82

TheTimeTraveler said:


> Don't forget;   CERTIFIED Mail with Return Receipt.....   Save ALL Postal Receipts!
> 
> 
> 
> .



This what I wrote

Attention rescission department 
We are writing to express our intent to cancel our timeshare contract Our names are xxxxx and xxxxx and we purchased a timeshare at Westgate Smoky Mountain Resort at Gatlinburg on March 29,2019. I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of Tennessee per code 66-32-114. We expect full refund of the deposit that we have paid amounting to $300.00. And we do not authorize any future credit card transactions. Promotional materials will be send under s separate mailing.

Westgate Great Smoky Mountain Resort at Gatlinburg 
Owners our names
Contract #
Purchase date

Again the purpose of this letter is to cancel my timeshare contract and request a full refund of our deposit. Please take immediate action in this matter. 


Signatures


----------



## Passepartout

Bean82 said:


> This what I wrote
> 
> Attention rescission department
> We are writing to express our intent to cancel our timeshare contract Our names are xxxxx and xxxxx and we purchased a timeshare at Westgate Smoky Mountain Resort at Gatlinburg on March 29,2019. I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of Tennessee per code 66-32-114. We expect full refund of the deposit that we have paid amounting to $300.00. And we do not authorize any future credit card transactions. Promotional materials will be send under s separate mailing.
> 
> Westgate Great Smoky Mountain Resort at Gatlinburg
> Owners our names
> Contract #
> Purchase date
> 
> Again the purpose of this letter is to cancel my timeshare contract and request a full refund of our deposit. Please take immediate action in this matter.
> 
> 
> Signatures


That will work just fine. Get to the post office.


----------



## Bean82

We are heading there now. 
Do I put rescission department on envelope? Or just the Westgate address


----------



## Passepartout

Bean82 said:


> We are heading there now.
> Do I put rescission department on envelope? Or just the Westgate address


Might as well. They'll figure it out either way in plenty of time. Then the hard part. The waiting. They are under no obligation to inform you of the progress of your rescission, and it can take up to 45 days (unlikely, but possible) to get your refund posted to your credit card. Just watch the account. We suggest you don't take any phone calls from Wastegate or unknown numbers until after the rescission period has ended. They have been known to try to change a buyer's mind of just delay them until they are locked in.


----------



## Bean82

Before we found this site yesterday my husband called down there and told them we wanted to cancel. They said well you got a good deal. He said I don’t care she then said what if we gave it to you for free. He said well who wouldn’t take something if it was free. But she said your closing officer is not in I will leave her a message to call you. This was the call center. Will that hurt us since he said that? But the letter had not been mailed yet and I dated the letter today. I need to stop overthinking this.


----------



## bluehende

Funny that a Westgate timeshare is the one thing you should not take for free.  The letter is what matters.  They will call and try to convince you, but do not even answer the phone.  If you feel better to answer the promised call tell them you are rescinding and then hang up if needed.  Do not engage.


----------



## Passepartout

Around TUG, even free is too much to pay to get involved with *WASTEGATE! *We cal them that for good reason.


----------



## Bean82

We are not taking anything from them. I just wanted to make sure his comment yesterday would not come back to hurt us later.


----------



## Passepartout

Bean82 said:


> We are not taking anything from them. I just wanted to make sure his comment yesterday would not come back to hurt us later.


Nothing you hear or say has any bearing. As you would be told after holding ANY timeshare (or used car) sales weasel to some phony promise. It's ONLY what's printed in the contract that matters. Do not worry about a phone conversation.


----------



## Bean82

Well it’s been sent we even sent the promotional things back as well today in a separate box to Gatlinburg. I even put a copy of the letter in with the promotional products.
The postmaster did tell me they could refuse to accept it. I sent it certified with a return receipt. Let’s hope I get away from this horrible mistake.


----------



## T-Dot-Traveller

[QUOTE="Bean82, post: 2265698, member: 115368".  I sent it certified with a return receipt. Let’s hope I get away from this horrible mistake.[/QUOTE]

******

All timeshare companies are LEGALLY. required to process a rescind / when the buyer does it within the specified time .

Consider it like returning a clothing item to a store  for a refund .
You DO NOT  have to give a reason or explanation .

Relax & feel glad you found TUG


----------



## Bean82

We used our debit card. Should I call the bank and tell them not to authorize any charges from Westgate? They were supposed to take out the rest of the deposit at the end of April. I don’t want to cancel the card and not be refunded. Today I sent a copy of the rescission letter to account services so they could see I had requested rescission so no charges should be made.


----------



## Passepartout

Bean82 said:


> We used our debit card. Should I call the bank and tell them not to authorize any charges from Westgate? They were supposed to take out the rest of the deposit at the end of April. I don’t want to cancel the card and not be refunded. Today I sent a copy of the rescission letter to account services so they could see I had requested rescission so no charges should be made.


Forgive be for saying they REALLY had you off your game! A debit card gives the holder of the number access to your bank accounts- and NO PROTECTION that you'd get from using a CREDIT CARD!

In this case, YES. I think you should go to the bank and close those accounts that are linked to that card, and re-open new accounts and get new debit cards issued.

I mean no disrespect, but some of the questions you've asked indicate inexperience in monetary and financial matters. You'd do better if you had a mentor or a class in personal finance. Don't fret about it, we've all been there. 

Jim


----------



## TheTimeTraveler

Bean82 said:


> We used our debit card. Should I call the bank and tell them not to authorize any charges from Westgate? They were supposed to take out the rest of the deposit at the end of April. I don’t want to cancel the card and not be refunded. Today I sent a copy of the rescission letter to account services so they could see I had requested rescission so no charges should be made.





Agree with Passepartout;  NEVER give anyone your Debit Card number or Password;  it's like giving them a blank check.

Make sure the account balance is down to 1 cent so they can't bleed you dry.  Leave it open with 1 cent so they can electronically give you your money back.

Open a brand new debit account with another (different) financial institution.

Keep all of us posted, and best of luck.






.


----------



## Iggyearl

TheTimeTraveler said:


> Make sure the account balance is down to 1 cent so they can't bleed you dry. Leave it open with 1 cent so they can electronically give you your money back.



Great advice.  You need a vehicle for the refund.  Then start over.


----------



## Passepartout

I also concur ^^^ Leave $.01 and open new accounts for the rest.


----------



## T-Dot-Traveller

Passepartout said:


> I also concur ^^^ Leave $.01 and open new accounts for the rest.






Bean82 said:


> We used our debit card. Should I call the bank ......



I would leave enough to cover any monthly bank fees - as well .


----------



## Bean82

I have opened up a new bank account. This account has $5.00 in it enough to keep it open to have the refund given back to us. As soon as we see that it’s been credited it will be closed all together. 

They have received everything I have received the text alerts from the post office. I tracked my letters. The phone calls began today. It didn’t come from our closing officer or sales rep. This is someone else saying I need to contact them immediately about our cancellation of our timeshare. They were from The Gatlinburg location.


----------



## Passepartout

Bean82 said:


> They have received everything I have received the text alerts from the post office. I tracked my letters. The phone calls began today. It didn’t come from our closing officer or sales rep. This is someone else saying I need to contact them immediately about our cancellation of our timeshare. They were from The Gatlinburg location.


Ignore them. Some sales weasel trying to save his commission.


----------



## TheTimeTraveler

Bean82 said:


> I have opened up a new bank account. This account has $5.00 in it enough to keep it open to have the refund given back to us. As soon as we see that it’s been credited it will be closed all together.
> 
> They have received everything I have received the text alerts from the post office. I tracked my letters. The phone calls began today. It didn’t come from our closing officer or sales rep. This is someone else saying I need to contact them immediately about our cancellation of our timeshare. They were from The Gatlinburg location.






Hang in there and be patient.  They have so many days in which they must provide you a refund so be patient until it does show up.   Please let all of us know when the money is back in your hands (or bank account).

Good move to rescind!





.


----------



## Quillswife

Hi all,

Like many others here, we were suckered into a timeshare through Westgate in January. Since that time, my husband has lost his job and the payments are difficult. Here is my question and I've searched to see if it has already been asked but didn't see anything like it. We didn't have room on our card to put the full downpayment, so they scheduled it to be paid in 3 payments. Our last payment is due very soon, so we haven't completed the downpayment, nor been deeded the property. Does the 10 days for rescission start from the day we signed the papers or would the date be dependent on finishing the downpayment? Hopeful thinking I know... thanks in advance for the advice.


----------



## Passepartout

Quillswife said:


> Hi all,
> 
> Like many others here, we were suckered into a timeshare through Westgate in January. Since that time, my husband has lost his job and the payments are difficult. Here is my question and I've searched to see if it has already been asked but didn't see anything like it. We didn't have room on our card to put the full downpayment, so they scheduled it to be paid in 3 payments. Our last payment is due very soon, so we haven't completed the downpayment, nor been deeded the property. Does the 10 days for rescission start from the day we signed the papers or would the date be dependent on finishing the downpayment? Hopeful thinking I know... thanks in advance for the advice.


Sadly, the rescission period begins the day after you sign the contract. So it appears you are new timeshare owners. Carefully consider stopping that payment, sending them a 'hardship' letter, and suffering the consequences. It won't be pleasant, but better than paying the full price, and being committed to essentially a lifetime of payments for something with ZERO resale value. Yes, a default and ultimately foreclosure will have effects on your credit, but that is over in 10 years of keeping up all other obligations. Consult with a financial and/or legal professional before making a final decision. My advice is worth exactly what you pay for it.

All the Best. We wish you'd visited us before attending a Wastegate presentation.

Jim


----------



## Wanderbliss

Hi all- I’m new here and I hope this is the right place to post- it seems like it’s the main Westgate thread. I am so so grateful I found you within my 10 day rescission period as I do plan on sending my letter either tomorrow from here in Orlando or on Monday from home.

I have a question that has been asked before in this thread but it went unanswered. I know I should photocopy the signature page of the contract and include it in my letter. But I am wondering if I need to return the secret Manila envelope that holds all my paperwork when I mail back the binder and the tablet. Or do I keep that envelope and my paperwork?

Second question: My legal name is hyphenated (for example Mary Smith-Jones) but it appears as Mary Smith on most of the documents but there are a couple of places that might say Mary Smith-Jones.  Should I sign my letter with both names, kind of like “Mary Smith aka Mary Smith-Jones” or will that hurt me in some way?

My last question is, I am not sure where the contract number is located? I don’t see anything (yet-still reading) that says “contract #” but then again I am kind of still in the panic stage of this process

I know the steps have been outlined here over and over again but I just want to type my plan here to be extra sure I’m not missing  anything:

1. Photocopy the contract signing page

2. Write the letter, using one of the templates here, including a line about returning the binder and such under separate cover. Husband and I sign it.

3. Photocopy that for our records.

4. Mail the letter and the photocopied contract page via certified mail return receipt requested.

5. Wait patiently and don’t answer any phone calls.

6. Be eternally grateful that I found you in time.

I can NOT believe I fell for it!! I just can’t.
Thank you for any/all advice.
-D


----------



## Passepartout

Wanderbliss said:


> 6. Be eternally grateful that I found you in time.
> 
> I can NOT believe I fell for it!! I just can’t.
> Thank you for any/all advice.
> -D


Welcome to TUG! You have a good grip on the necessities. I've never seen a Wastegate contract, so I have no clue what their contract- or owner number, or account number might look like, so you're on your own. I suspect it's somewhere on or near that signature page. Or hidden on the CD that's in the hidden pocket of the binder. 

Your suggestion of the AKA on your name(s) works for me, and should remove any doubt that you are you.

You'll breathe a deep breath of relief when you hand the letter over to the nice postal clerk and walk out with that postal receipt.

After your money is safely back in your accounts where it belongs, and if timeshare still has some interest (please don't say Wastegate), c'mon back and we'll talk. We're glad you found us in time. Get some sleep and mail the letter tomorrow before the long weekend. Anything can happen during your travel home that could delay it getting to the post office.

Jim


----------



## Wanderbliss

Thank you Jim! You say hand written is ok? I don’t know where I would find a computer with a printer around here. 
Again, I am endlessly grateful. Thank you.


----------



## Passepartout

Wanderbliss said:


> Thank you Jim! You say hand written is ok? I don’t know where I would find a computer with a printer around here.
> Again, I am endlessly grateful. Thank you.


Hand PRINTED should be fine (harkening to a TUG thread about cursive writing being a secret code for old people  ). You might find a library, or maybe a UPS store. Of course the resort would have a business center for people to print boarding passes, but might frown on leaving copies of a rescission letter scattered around.

Jim


----------



## Wanderbliss

Thank you again- I know I’m asking a lot of dumb questions but I noticed that on our closing documents our address is spelled incorrectly (an extra e in our street name) - do you think I should write our address both ways on the letter? Or do I possibly void our ability to rescind because we signed off that everything was correct? Ugh.


----------



## Passepartout

Wanderbliss said:


> Thank you again- I know I’m asking a lot of dumb questions but I noticed that on our closing documents our address is spelled incorrectly (an extra e in our street name) - do you think I should write our address both ways on the letter? Or do I possibly void our ability to rescind because we signed off that everything was correct? Ugh.


Don't worry about it. As long as your letter conveys the message that you want to cancel your association with and the purchase from Wastegate, they'll have no choice but to process the rescission. It's the state law, not a courtesy. You are simply exercising your RIGHTS.

Get it written and get thee to the post office, pronto. Time's awastin'.


----------



## Bean82

Why is the waiting game the hardest? It’s been two weeks. I know they have 45 days! They called once. The only other thing is our sales representative sent us a welcome card. She sent it last week after they received the rescission. Why would she even bother? Still no money back in our account. I know it’s only been two weeks but it feels like it’s been 2 months. I just want to know it’s over with!


----------



## jwalk03

Bean82 said:


> Why is the waiting game the hardest? It’s been two weeks. I know they have 45 days! They called once. The only other thing is our sales representative sent us a welcome card. She sent it last week after they received the rescission. Why would she even bother? Still no money back in our account. I know it’s only been two weeks but it feels like it’s been 2 months. I just want to know it’s over with!



You are likely to get other welcome materials and things of that nature as well.  Most of this is systematically done when you signed the contract it just takes time, and continues to be sent even if you rescinded.  Don't worry about any of it, and don't excpect any kind of confirmation from them.  When I rescinded a Westgate contract I got nothing other than a refund showed up on my credit card one day, never heard any other peep from them.


----------



## Passepartout

Bean82 said:


> Why is the waiting game the hardest? It’s been two weeks. I know they have 45 days! They called once. The only other thing is our sales representative sent us a welcome card. She sent it last week after they received the rescission. Why would she even bother? Still no money back in our account. I know it’s only been two weeks but it feels like it’s been 2 months. I just want to know it’s over with!


Yeah, we know it's frustrating, but be thankful that there ARE rescission laws in every state. That's not true elsewhere in the world. And look at it from Wastegate's point of view. You aren't their customer. They lost you. There is NO reason to extend you any courtesy. You are taking up the time of some clerk in the office building to process your rescission. S/he doesn't have time to also satisfy the wishes of lost customers that they owe money.

Be patient. You'll be reimbursed.

Jim


----------



## Wanderbliss

Me again - I ended up sending the letter today because I just couldn't get around our Friday plans to get to a post office. Saturday we were flying all day. But, it's sent and I so hope I did everything correctly. I will keep you posted and tell you the amount you can add to your tally, hopefully!
Thank you again!


----------



## Wanderbliss

I sure do ask a lot of questions.  So, my certified letter was delivered - my question  (and I looked on the USPS site but couldn't find it) is, does the tracking also extend to the return receipt that will supposedly be mailed back to me? My letter was delivered yesterday. I was going to mail the promo materials back today with another letter just in case.  I really am paranoid. I think today is day 10 (I signed on the 16th) and so I feel like it wouldn't hurt to send the letter one more time. I know I sound nuts but I really want to get rid of this thing.  If it works, I would love to tell you all the lies they used to reel me in. Maybe it'll help someone else. Thanks!


----------



## Passepartout

Wanderbliss said:


> I sure do ask a lot of questions.  So, my certified letter was delivered - my question  (and I looked on the USPS site but couldn't find it) is, does the tracking also extend to the return receipt that will supposedly be mailed back to me? My letter was delivered yesterday. I was going to mail the promo materials back today with another letter just in case.  I really am paranoid. I think today is day 10 (I signed on the 16th) and so I feel like it wouldn't hurt to send the letter one more time. I know I sound nuts but I really want to get rid of this thing.  If it works, I would love to tell you all the lies they used to reel me in. Maybe it'll help someone else. Thanks!


Just sit on your hands. Another rescission letter will not hurry the process. They have one letter. It was postmarked before the end of the rescission period. They MUST process it. You can send back their junk if you want, just keep the postal receipt in case they ask for proof. They won't.

If today is the final day of your rescission period, they MIGHT not even start the process as long as there is time for you to change your mind. Then it could take up to 45 days for your refund to be posted. You are gonna be a wreck by thin unless you put it out of your mind and get back to your 'regular' life. It will be cancelled. You will be free of their clutches. 

Yes, you DO ask a lot of questions. It would have been easier on you if you'd asked them before you signed that contract, but you've done what you need to do to undo the damage. So RELAX! 

Jim


----------



## Wanderbliss

Passepartout said:


> Yes, you DO ask a lot of questions. It would have been easier on you if you'd asked them before you signed that contract, but you've done what you need to do to undo the damage. So RELAX!
> 
> Jim



Haha I'm sorry - I know I sound crazy.  I did ask the salesperson a ton of questions but they were all answered with lies that I unfortunately believed. Thanks Jim - I'm sorry - I'll try to calm down


----------



## TheTimeTraveler

Wanderbliss said:


> I sure do ask a lot of questions.  So, my certified letter was delivered - my question  (and I looked on the USPS site but couldn't find it) is, does the tracking also extend to the return receipt that will supposedly be mailed back to me? My letter was delivered yesterday. I was going to mail the promo materials back today with another letter just in case.  I really am paranoid. I think today is day 10 (I signed on the 16th) and so I feel like it wouldn't hurt to send the letter one more time. I know I sound nuts but I really want to get rid of this thing.  If it works, I would love to tell you all the lies they used to reel me in. Maybe it'll help someone else. Thanks!






You can track the Green Return Receipt Card BUT ONLY if you made a notation of the number when you handed it to the clerk when initially paying for the certified mail return receipt transaction.

It won't be on any USPS receipt, but it is something that you could write down and utilize (as in this case).

The more important tracking number is the number you were provided with on your sales receipt at the time you made the certified mail transaction.  This particular number will actually prove (in Court if need be) that you in fact did mail it and the recipient is in fact now in receipt of it.

You now know for a fact that the recession letter has been delivered and they have 45 days in which to get your money back in full.  If things go well you'll have your check on or before June 10th, 2019.

Don't you love it when a plan comes together?  Sit back, relax, and gloat!





.


----------



## TUGBrian

always love it when yet another person finds this thread and is able to rescind in time!


----------



## Bean82

Thanks to everyone on here. Westgate had my husband and I way off our game. It’s like their trained to brainwash you.

This is how all ours went
Purchased on March 29th
Found Tugg on April 1st
Mailed Recession letter Certified with return receipt April 2nd to Ocoee Florida
Mailed promotional items with a recession letter in it as well to Gatlinburg April 2nd
Certified with return receipt
I also sent a copy of the letter to the accounts department because we still had another payment on our deposit.

Phone call on April 9th didn’t answer
Welcome card received from our sales representative on April 17th

Deposit returned on April 26th!!!!!!!!

I’m free from Westgate thank you so much TUG Another 12,000 saved.


----------



## Wanderbliss

OK everyone - great news here - My refund has been posted to my credit card!! 17 days from purchase to refund - not bad!  And no phone calls! I can not thank you all enough - how lucky I am to have found this place.  Add another $14k to your list. I wanted to tell you some of the lies - there were so many - but here's the one that sucked us in:

we rented the place on Air BNB and the listing had said free wifi.  We get to check-in and then of course we are led to the place where they try to sign you up for the tour. First they offer a $75 gift card and I'm like, no, thank you.  Then she says "we'll also give you free wifi for the week" and I say "you have to PAY for wifi here?"  And she says yes, it's $10 a day" and I must have looked relieved because she quickly added "PER device." OK - we both brought our work (laptops) with us and my kids both have ipads - so that was going to be $280 just for wifi.  I figured a 90-minute tour was worth $280. So I get back to the room and try to log on and I see these options that are available to _*everyone*_ - $10 a day per device, or $39 a week for up to 3 devices. WHY didn't I listen to the warning bells right then and there? What a brazen lie!! 

Once we were on the tour, some of the things the salesguy told us: Interest rate is 17.99% but DON'T WORRY - you get all that back because it's tax deductible  and I'm like - I don't think that's how it works and he's like - yes - you get all the interest back. I dropped the subject because we'd be changing it over to a home equity loan anyway.

Then he told us how easy it would be to rent one of the rooms in this EOY 3 bedroom lockoff and how he's NOT SUPPOSED to be telling us how to make money but if we just threw it up on airbnb in any city, I can trade my room and book that rental soooo easily. And if I decide it's not for me? " It's so so easy to sell your timeshare - people buy them every day! And even better, all these suckers in this room are buying these for 70, 80 90k - but I have a trade in that's only 14k and I'm not supposed to tell you about it but it's a no brainer because if you join our affiliate program you're making those payments up easily - most of our affiliates earn at least $300 a month." He told us the MF was like $800 a year but then he comes back with the paperwork and he's like "oh I was mistaken it's $1200 a year but still you're going to make that up in one rental!"

I could go on and on but I thought the wifi trick was pretty clever and especially evil - everyone needs wifi (mostly) so they probably snag a lot of suckers with that one.

Oh and don't even get me started on the $1500 card they give you which you can use for travel - it's like a gift card they say! $1500 free every year! No, it's not. It's a (very small) percent off card, up to $1500, that only works if you buy through their overpriced site.

And the travel partners program!!  Oh yes, let's trick our friends and family on facebook into a $99 package that they will then turn around and charge you full price if you don't attend the tour (the fine print). 

OK - enough from me. I've been reading a lot of information on here and I will be back next vacation to RENT something! I think TS isn't for us right now, even if we bought a used one.

In the words of another verbose writer- thanks, thanks and ever thanks.

I am so grateful - thank you!


----------



## TheTimeTraveler

Smart move to rescind!



.


----------



## TUGBrian

added to the list, thank you for coming back and telling us!


----------



## Djeffer2

Bean82 said:


> This what I wrote
> 
> Attention rescission department
> We are writing to express our intent to cancel our timeshare contract Our names are xxxxx and xxxxx and we purchased a timeshare at Westgate Smoky Mountain Resort at Gatlinburg on March 29,2019. I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of Tennessee per code 66-32-114. We expect full refund of the deposit that we have paid amounting to $300.00. And we do not authorize any future credit card transactions. Promotional materials will be send under s separate mailing.
> 
> Westgate Great Smoky Mountain Resort at Gatlinburg
> Owners our names
> Contract #
> Purchase date
> 
> Again the purpose of this letter is to cancel my timeshare contract and request a full refund of our deposit. Please take immediate action in this matter.
> 
> 
> Signatures


Hi I fell for their bully tactics in June. I’ve sent two rescission letters but have heard nothing from them. So this has me worried. I would’ve expected to hear something from them considering how tenacious they were. I followed the directions in the paper contract and had no way to view the contract on the cd. But I see ppl have sent a signature page with their letter. Did you do this as well? Had you seen where that is a requirement?


----------



## Djeffer2

Wanderbliss said:


> Hi all- I’m new here and I hope this is the right place to post- it seems like it’s the main Westgate thread. I am so so grateful I found you within my 10 day rescission period as I do plan on sending my letter either tomorrow from here in Orlando or on Monday from home.
> 
> I have a question that has been asked before in this thread but it went unanswered. I know I should photocopy the signature page of the contract and include it in my letter. But I am wondering if I need to return the secret Manila envelope that holds all my paperwork when I mail back the binder and the tablet. Or do I keep that envelope and my paperwork?
> 
> Second question: My legal name is hyphenated (for example Mary Smith-Jones) but it appears as Mary Smith on most of the documents but there are a couple of places that might say Mary Smith-Jones.  Should I sign my letter with both names, kind of like “Mary Smith aka Mary Smith-Jones” or will that hurt me in some way?
> 
> My last question is, I am not sure where the contract number is located? I don’t see anything (yet-still reading) that says “contract #” but then again I am kind of still in the panic stage of this process
> 
> I know the steps have been outlined here over and over again but I just want to type my plan here to be extra sure I’m not missing  anything:
> 
> 1. Photocopy the contract signing page
> 
> 2. Write the letter, using one of the templates here, including a line about returning the binder and such under separate cover. Husband and I sign it.
> 
> 3. Photocopy that for our records.
> 
> 4. Mail the letter and the photocopied contract page via certified mail return receipt requested.
> 
> 5. Wait patiently and don’t answer any phone calls.
> 
> 6. Be eternally grateful that I found you in time.
> 
> I can NOT believe I fell for it!! I just can’t.
> Thank you for any/all advice.
> -D


Hi! I’m also in the same predicament. I was wondering if sending a signature page was stated in the contract as a requirement? I have a paper contract that I went by for instructions on sending in a letter and it simply states send a letter to an address. So now I’m worried I may have not done it correctly


----------



## Djeffer2

Passepartout said:


> Might as well. They'll figure it out either way in plenty of time. Then the hard part. The waiting. They are under no obligation to inform you of the progress of your rescission, and it can take up to 45 days (unlikely, but possible) to get your refund posted to your credit card. Just watch the account. We suggest you don't take any phone calls from Wastegate or unknown numbers until after the rescission period has ended. They have been known to try to change a buyer's mind of just delay them until they are locked in.


Hi! I don’t know if you frequent this site. But I just purchased a Westgate Timeshare. I have sent to rescission letter with everyone involved signatures, the date the contract was signed, and contract number, and why type of timeshare was bought including lot, building information. I have not heard from anyone. Which, funny enough has me worried. Considering how bent on making a sale they were I would think I would’ve heard something. I noticed that some people stayed sending in a signature page. I did not do this. Is it required that I do so? I did not see that info in the paper contract I received. Just the address to send a cancellation letter


----------



## RX8

Djeffer2 said:


> Hi! I don’t know if you frequent this site. But I just purchased a Westgate Timeshare. I have sent to rescission letter with everyone involved signatures, the date the contract was signed, and contract number, and why type of timeshare was bought including lot, building information. I have not heard from anyone. Which, funny enough has me worried. Considering how bent on making a sale they were I would think I would’ve heard something. I noticed that some people stayed sending in a signature page. I did not do this. Is it required that I do so? I did not see that info in the paper contract I received. Just the address to send a cancellation letter



Adding the signature page is not required. As long as you wrote in the letter that you are exercising your right to rescind with your names, signed by all parties and mailed to the address on the contract you are good.

When did you purchase and when did you mail the rescission?  Did you send it certified and have a copy to prove the date you sent it?  If so you are fine. Westgate is not required to notify you that they received the rescission. If they call, don’t answer. Eventually you will get your deposit back.  I believe in Florida they have 20 days after they receive your letter to refund your money.


----------



## Djeffer2

RX8 said:


> Adding the signature page is not required. As long as you wrote in the letter that you are exercising your right to rescind with your names, signed by all parties and mailed to the address on the contract you are good.
> 
> When did you purchase and when did you mail the rescission?  Did you send it certified and have a copy to prove the date you sent it?  If so you are fine. Westgate is not required to notify you that they received the rescission. If they call, don’t answer. Eventually you will get your deposit back.  I believe in Florida they have 20 days after they receive your letter to refund your money.


Thank you so much! I didn’t see that as a requirement in the paper contract I thought perhaps they had played an underhand trick. & I signed the contract on June 5th & instantly regretted it. So I sent a letter on the  6th and another on the 15th with both receipts still in possession along with sneak verification that it was received.


----------



## TheTimeTraveler

Djeffer2 said:


> Thank you so much! I didn’t see that as a requirement in the paper contract I thought perhaps they had played an underhand trick. & I signed the contract on June 5th & instantly regretted it. So I sent a letter on the  6th and another on the 15th with both receipts still in possession along with sneak verification that it was received.





Relax and stay cool.  Nothing may happen for 45 days or so, but if you did everything were supposed to do then they have no choice but to cancel the contract.

Glad you found TUG in time.  Now you can study up and do your homework prior to making another purchase.





.


----------



## jwalk03

I rescinded a Westgate timeshare a couple of years ago, and I never got any communication from them at all.  They never even tried to call me.  But after about a month the deposit was refunded back to my account and that was that.

I even received a welcome packet from them AFTER I had mailed the recession letter, but my assumption was that it was mailed prior to them processing the recession so the items just crossed.  I still have the Westgate magnet that was in the recession letter hanging on my fridge.  Its a good reminder to THINK and do some research before spending thousands of dollars on anything!  So glad I found TUG in time to rectify that terrible mistake!

So just sit back, relax, and wait for your refund.  And learn from your mistake!


----------



## Passepartout

Djeffer2 said:


> Thank you so much! I didn’t see that as a requirement in the *paper contract* I thought perhaps they had played an underhand trick. & I signed the contract on June 5th & instantly regretted it. So I sent a letter on the  6th and another on the 15th with both receipts still in possession along with sneak verification that it was received.


Consider yourself fortunate that you GOT a paper contract. I know this is a HUGE thread, but waaaay up in the beginning, there are posts from buyers who got a binder with the contract inside a hidden pocket in the back cover and others whose only contract was in a CD that they couldn't open! Wastegate has used no end of dirty tricks to hold onto people's money. You (seemingly) got off easy, so be patient and watch the account you used to pay the deposit. You're money will be returned, but it may take longer than you expect.

We're glad you found TUG in time.

Jim


----------



## jwalk03

Passepartout said:


> Consider yourself fortunate that you GOT a paper contract. I know this is a HUGE thread, but waaaay up in the beginning, there are posts from buyers who got a binder with the contract inside a hidden pocket in the back cover and others whose only contract was in a CD that they couldn't open! Wastegate has used no end of dirty tricks to hold onto people's money. You (seemingly) got off easy, so be patient and watch the account you used to pay the deposit. You're money will be returned, but it may take longer than you expect.
> 
> We're glad you found TUG in time.
> 
> Jim



Mine was on a CD- no paper contract.  But luckily I had a laptop that still had a CD-Rom drive available then!  If I remember correctly they actually ask you to consent to electronic documents, and if you refuse then they give you paper copies, otherwise its all on a CD.  

The entire closing process was done digitally and it was just click here to sign, then click here, then click here.  The entire time the closing lady was chatting (A LOT) about anything and everything to try and ensure you were NOT reading the pages and pages of things she was scrolling thru as you were clicking where she told you.


----------



## Djeffer2

jwalk03 said:


> I rescinded a Westgate timeshare a couple of years ago, and I never got any communication from them at all.  They never even tried to call me.  But after about a month the deposit was refunded back to my account and that was that.
> 
> I even received a welcome packet from them AFTER I had mailed the recession letter, but my assumption was that it was mailed prior to them processing the recession so the items just crossed.  I still have the Westgate magnet that was in the recession letter hanging on my fridge.  Its a good reminder to THINK and do some research before spending thousands of dollars on anything!  So glad I found TUG in time to rectify that terrible mistake!
> 
> So just sit back, relax, and wait for your refund.  And learn from your mistake!


Thanks. I usually like to sleep on these types of decision. But my aunt, who is a Westgate Timeshare owner & a well off businesswoman, recommended & hyped it up for me. Since she was a businesswoman, & a successful at that, I was very open to it. But afterwards I somehow felt played. The presentation Is set up to get you to buy before thinking about it, the agent hovered the whole time until we asked her to leave, and after reading some reviews, I saw where we experienced some of the same tactics that others did. Plus they had many many bad reviews. I’m thinking my aunt did not review them like I did. & I realized unlike me, she has money to waste


----------



## CV0615

Djeffer2 said:


> Hi! I don’t know if you frequent this site. But I just purchased a Westgate Timeshare. I have sent to rescission letter with everyone involved signatures, the date the contract was signed, and contract number, and why type of timeshare was bought including lot, building information. I have not heard from anyone. Which, funny enough has me worried. Considering how bent on making a sale they were I would think I would’ve heard something. I noticed that some people stayed sending in a signature page. I did not do this. Is it required that I do so? I did not see that info in the paper contract I received. Just the address to send a cancellation letter





What’s the address? I want to cancel mine in TN but couldn’t find cancellation paper and the CD the gave us to “save paper” had nothing on it :/ help


----------



## CV0615

Bean82 said:


> Thanks to everyone on here. Westgate had my husband and I way off our game. It’s like their trained to brainwash you.
> 
> This is how all ours went
> Purchased on March 29th
> Found Tugg on April 1st
> Mailed Recession letter Certified with return receipt April 2nd to Ocoee Florida
> Mailed promotional items with a recession letter in it as well to Gatlinburg April 2nd
> Certified with return receipt
> I also sent a copy of the letter to the accounts department because we still had another payment on our deposit.
> 
> Phone call on April 9th didn’t answer
> Welcome card received from our sales representative on April 17th
> 
> Deposit returned on April 26th!!!!!!!!
> 
> I’m free from Westgate thank you so much TUG Another 12,000 saved.





Hi seeing if you could help? Where did you purchase your TS? I’ve purchased mine in TN and when we got back researched and want to cancel. Where do I send the rescind letter to?


----------



## Passepartout

CV0615 said:


> Hi seeing if you could help? Where did you purchase your TS? I’ve purchased mine in TN and when we got back researched and want to cancel. Where do I send the rescind letter to?


It's in the very first post in this thread:

2801 Old Winter Garden Road
Ocoee, Florida 34761

Good Luck and Welcome to TUG

Jim


----------



## CV0615

Passepartout said:


> It's in the very first post in this thread:
> 
> 2801 Old Winter Garden Road
> Ocoee, Florida 34761
> 
> Good Luck and Welcome to TUG
> 
> Jim



Thank you. I eventually found it and sent everything back. Delivered and signed for yesterday. The Cd with the closing documents They have us couldn’t open in any computer we had and then they said that has never happened before -_- and they couldn’t email us the documents only by mail. :/ glad I found this forum!! Thank you!


----------



## TheTimeTraveler

I'm glad that TUG has been able to save you thousands of dollars!




.


----------



## Grammarhero

CV0615 said:


> Thank you. I eventually found it and sent everything back. Delivered and signed for yesterday. The Cd with the closing documents They have us couldn’t open in any computer we had and then they said that has never happened before -_- and they couldn’t email us the documents only by mail. :/ glad I found this forum!! Thank you!



Just curious, how was was your rescinded TS?


Sent from my iPad using Tapatalk


----------



## CV0615

Grammarhero said:


> Just curious, how was was your rescinded TS?
> 
> 
> Sent from my iPad using Tapatalk



Well we signed 7/6 and got back 7/8 mailed stuff back 7/9 and received confirmation it was delivered 7/11. So now just the waiting on the refund.


----------



## Grammarhero

CV0615 said:


> Well we signed 7/6 and got back 7/8 mailed stuff back 7/9 and received confirmation it was delivered 7/11. So now just the waiting on the refund.



It seems like you’re good.  Sorry.  Should have clarified.  If you don’t mind my asking, how much was your TS?


Sent from my iPhone using Tapatalk


----------



## CV0615

CV0615 said:


> Well we signed 7/6 and got back 7/8 mailed stuff back 7/9 and received confirmation it was delivered 7/11. So now just the waiting on the refund.



Update- they called me and my husband wanting to talk about the letter. We haven’t answered their calls


----------



## Grammarhero

CV0615 said:


> Update- they called me and my husband wanting to talk about the letter. We haven’t answered their calls



You are not obligated to.  Mind telling us how much was your TS?


Sent from my iPhone using Tapatalk


----------



## CV0615

Grammarhero said:


> It seems like you’re good.  Sorry.  Should have clarified.  If you don’t mind my asking, how much was your TS?
> 
> 
> Sent from my iPhone using Tapatalk



$18,000


----------



## JHT

I sent in our recession letter and did everything right. The closing officer called me and said she got the letter. I told her that I want it cancel my contract as it States in my letter. She told me she was going to get with her manager to give the refund. I get a weird email today with new terms. I never spoke to anybody about terms,have not signed anything. Can some explain to me  What the part means to "look in your contract if you do not agree?"  I have already sent letter and not want this offer.
 I sent an email stating that I never had this conversation of any new business. I said we  Do not agree to any old or new terms as we wish to not have any further business
 We Send our recession letter and we want our refund.Do I need to do anything else?


----------



## Passepartout

JHT said:


> I sent in our recession letter and did everything right. The closing officer called me and said she got the letter. I told her that I want it cancel my contract as it States in my letter. She told me she was going to get with her manager to give the refund. I get a weird email today with new terms. I never spoke to anybody about terms,have not signed anything. Can some explain to me  What the part means to "look in your contract if you do not agree?"  I have already sent letter and not want this offer.
> I sent an email stating that I never had this conversation of any new business. I said we  Do not agree to any old or new terms as we wish to not have any further business
> We Send our recession letter and we want our refund.Do I need to do anything else?


Hang on to those emails and if they call again- ignore them! They have asked leading questions and said 'people changed their mind'. There's a reason we call them *Wastegate*!!


----------



## JHT

This is exactly what I sent back. My question is do I need to send and another letter  Because I don't agree to any new terms?I replied with this message.


----------



## Grammarhero

JHT said:


> This is exactly what I sent back. My question is do I need to send and another letter  Because I don't agree to any new terms?I replied with this message.



How much was your rescinded Ts contract?  Don’t pick up any more calls.  New terms likely not enforceable if you never replied Agree.  It does not appear new terms were signed or notarized.  Keep a hold of your emails.


----------



## Passepartout

JHT said:


> This is exactly what I sent back. My question is do I need to send and another letter  Because I don't agree to any new terms?I replied with this message.


For the cost of postage it might give you some peace of mind.


----------



## Grammarhero

Passepartout said:


> For the cost of postage it might give you some peace of mind.



On second thought, better safe, than sorry.  I guess you have to send another rescission letter, then don’t pick up the phone.


----------



## Grammarhero

JHT said:


> I sent in our recession letter and did everything right. The closing officer called me and said she got the letter. I told her that I want it cancel my contract as it States in my letter. She told me she was going to get with her manager to give the refund. I get a weird email today with new terms. I never spoke to anybody about terms,have not signed anything. Can some explain to me  What the part means to "look in your contract if you do not agree?"  I have already sent letter and not want this offer.
> I sent an email stating that I never had this conversation of any new business. I said we  Do not agree to any old or new terms as we wish to not have any further business
> We Send our recession letter and we want our refund.Do I need to do anything else?



As long as you didn’t reply agree, you’re good.  But better safe than sorry.  You can always send another rescission letter.


----------



## JHT

Grammarhero said:


> How much was your rescinded Ts contract?  Don’t pick up any more calls.  New terms likely not enforceable if just a verbal contract.  It does not appear new terms were signed or notarized.  Keep a hold of your emails.
> 
> Maybe send one more email saying that you may contact the Attorney General if they believe that there is a TS contract based on unsigned, unnotarized, verbal contract.



Only 8,000. I have not spoken to anyone other than the closing officer and told her that we did not want any further business. She said she was going to speak to her manager about getting me my refund Then I got this email. Where they're stating a new terms for 7000.00... My question is do I need to say a new letter for these terms even though I never agreed to any?


----------



## JHT

I don't understand what I would send a recession letter for the previous agreement or this new terms? I haven't signed anything agreeing to any new terms nor have spoke to anyone about them.


----------



## Grammarhero

JHT said:


> Only 8,000. I have not spoken to anyone other than the closing officer and told her that we did not want any further business. She said she was going to speak to her manager about getting me my refund Then I got this email. Where they're stating a new terms for 7000.00... My question is do I need to say a new letter for these terms even though I never agreed to any?



You might not need to.  But you may want to cover your bases.  Your chances of the rescission being successful is about 95 percent.  But if you send in another rescission letter, the success rate is about 99 percent.  They may have recorded you and may have manipulated that recording.  You never know.


----------



## JHT

I also don't know what they're referring to if I don't agree to new terms look in my contract documents.


----------



## Passepartout

JHT said:


> Only 8,000. I have not spoken to anyone other than the closing officer and told her that we did not want any further business. She said she was going to speak to her manager about getting me my refund Then I got this email. Where they're stating a new terms for 7000.00... My question is do I need to say a new letter for these terms even though I never agreed to any?


Only if there is a different contract number or other identifier that could be construed as different than the original one. I don't think even Wastegate is sleazy enough to try to refuse a rescision, but they never cease amazing me with their pure gall.


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## JHT

Would that hold up after the email I sent them?Man what a mess.


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## JHT

The account number is still exactly the same as the previous #. ‍


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## Grammarhero

Maybe something along the lines of,” I never agreed to a new contact or new terms.  However, in the unlikely event that I allegedly agreed to a timeshare contract based on an unsigned, unnotarized, verbal timeshare contract despite my email disavowing such, this is my rescission.  I may contact the Attorney General regarding this apparently illegal, and fraudulently “closed” timeshare contract.


----------



## Grammarhero

JHT said:


> Would that hold up after the email I sent them?Man what a mess.



I’m about 95 percent sure your rescission would hold up.  I need the phone recording.  Anyhow, there was no “meetings of the minds” to create a contract.  There’s also parole evidence rule, the legal doctrine that the written contract trumps verbal assurances.  You’ve written that you do not accept terms of contract, no matter what Westgate says.


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## JHT

Thank you for y'alls help.It's insane.


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## Grammarhero

We are debating whether to:
1) not play Westgate’s game and ignore Westgate on what is likely (95%) an unenforceable, rescinded contact,
2) play their game, increase legality of rescission and unenforceability to 99+ percent, and threaten to report them to AG.

It’s a tough call.


----------



## Grammarhero

JHT said:


> Thank you for y'alls help.It's insane.



Sorry you are in this situation.  That is why we advised not to pick up their calls.


Sent from my iPhone using Tapatalk


----------



## TheTimeTraveler

JHT said:


> I sent in our recession letter and did everything right. The closing officer called me and said she got the letter. I told her that I want it cancel my contract as it States in my letter. She told me she was going to get with her manager to give the refund. I get a weird email today with new terms. I never spoke to anybody about terms,have not signed anything. Can some explain to me  What the part means to "look in your contract if you do not agree?"  I have already sent letter and not want this offer.
> I sent an email stating that I never had this conversation of any new business. I said we  Do not agree to any old or new terms as we wish to not have any further business
> We Send our recession letter and we want our refund.Do I need to do anything else?






This is very unfortunate.  You should have never spoken to them as they called you in an effort to get you to change your mind on your rescission.   In essence that telephone call to you was just another sales call.

I would send another certified letter and save the Postmarked receipt (like I assume you did with your first letter).

In this letter you want to clearly say;    "This is to confirm that I sent you a certified letter postmarked on  xx,xx,2019  stating that I wish to rescind the contract dated  xx,xx,2019  and do NOT agree to any additional or modified contracts with your organization.  Please refund 100% of my monies as required by State Law".

Don't give them one inch.  They will take a mile!

Keep us posted on when you receive your refund.




.


----------



## Passepartout

JHT said:


> The account number is still exactly the same as the previous #. ‍


If it's the same, I see no reason to send another letter. Others may disagree, but the law is on your side and nothing oral on the phone after said after they have received your timely rescission wouldn't stand up legally. even Wastegate knows when they're beat.

Congratulations. Go have a drink. You won.

Jim


----------



## JHT

They were calling me repeatedly.I answerd  and told them I do not want the timeshare or any further business. I'm going to send another letter again and in the letter I stated I had sent my letter that states I have already  Have rescinded my contract And that I don't agree to any old or new terms. We want it  Cancel, I want my refund,and to stop contacting me via phone and email. I only expect  a letter/document of my canceled contract. I also stated I will contact the AG.I have my receipt for 1st certified letter I also have my receipt where I sent the owners kit with Signature required.


----------



## JHT

I also have two emails proving that I state I did not speak to anyone about any new terms or agreement and that I have stated the whole time that we do not want our contract and want no further business. 
I also said I did not want a contract with them old or new. We wanted our contract canceled and to stop the phone calls and emails. I got a Florida call today and I didn't answer it and if I'm sent anymore emails I'm not answering them either.


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## JHT

Does anyone know when they legally have to close the contract and give me my refund? They got the letter July 3rd, Just trying to figure out how much longer I have to deal with their nonsense.


----------



## CV0615

They have been calling my husband and I every day and even the manager of the closing agent called yesterday and left voicemail that in order for us to get our refund we need to talk to them first. Smh. We haven’t and won’t pick up their calls. They received our letter 7/11 so Hopefully refund will come soon. And this be over with. Never again.


----------



## Passepartout

JHT said:


> Does anyone know when they legally have to close the contract and give me my refund? They got the letter July 3rd, Just trying to figure out how much longer I have to deal with their nonsense.


They have up to 45 days. They say it's due to when the refund is posted in your billing cycle. It should be a couple of weeks, but that's Wastegate.


----------



## Grammarhero

JHT said:


> Does anyone know when they legally have to close the contract and give me my refund? They got the letter July 3rd, Just trying to figure out how much longer I have to deal with their nonsense.



45 days.  Ignore their freaking calls.


Sent from my iPhone using Tapatalk


----------



## Grammarhero

JHT said:


> They were calling me repeatedly.I answerd  and told them I do not want the timeshare or any further business. I'm going to send another letter again and in the letter I stated I had sent my letter that states I have already  Have rescinded my contract And that I don't agree to any old or new terms. We want it  Cancel, I want my refund,and to stop contacting me via phone and email. I only expect  a letter/document of my canceled contract. I also stated I will contact the AG.I have my receipt for 1st certified letter I also have my receipt where I sent the owners kit with Signature required.



How did they respond that you would contact the AG?


Sent from my iPhone using Tapatalk


----------



## Grammarhero

CV0615 said:


> They have been calling my husband and I every day and even the manager of the closing agent called yesterday and left voicemail that in order for us to get our refund we need to talk to them first. Smh. We haven’t and won’t pick up their calls. They received our letter 7/11 so Hopefully refund will come soon. And this be over with. Never again.



They have 45 days to send you your refund, legally.


Sent from my iPhone using Tapatalk


----------



## CV0615

Grammarhero said:


> They have 45 days to send you your refund, legally.
> 
> 
> Sent from my iPhone using Tapatalk


Yes I am aware of the 45 days but just annoying to get their calls. We ended up just blocking their phone numbers.


----------



## TheTimeTraveler

CV0615 said:


> Yes I am aware of the 45 days but just annoying to get their calls. We ended up just blocking their phone numbers.





Smart move.  I predict you will receive your refund before August 19, 2019......





.


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## CV0615

TheTimeTraveler said:


> Smart move.  I predict you will receive your refund before August 19, 2019......
> 
> 
> 
> 
> 
> .


Let’s see if your prediction is correct! Will advise once completed


----------



## JHT

Grammarhero said:


> How did they respond that you would contact the AG?
> 
> 
> Sent from my iPhone using Tapatalk



  No response via email, I told them I will not be accepting or calls or emails. The only thing I want is a letter/document stating from them  the contract is canceled because I did my recession within the legal amount of time stated in Tennessee law. I got a call from Florida but did not answer.


----------



## Intuition2019

My paper has a fort Lauderdale address is this the one I ise


----------



## Grammarhero

Intuition2019 said:


> My paper has a fort Lauderdale address is this the one I ise


Send out your rescission ASAP.  Send to Westgate Resorts, 2801 Old Winter Garden Rd, Ocoee, FL 34761.
You do not send to Ft. Lauderdale.  This is the deed preparer, not the resort.

Mind sharing how much the rescission saved you?


----------



## JHT

Is this just a ploy to scare me by putting that they are going to report it to my credit. They did not take the money out of my account for July. I'm not contacting them. So I just want to make sure that legally they can't do anything because I did my recession letter  In sent in my owner's kit.


JHT said:


> No response via email, I told them I will not be accepting or calls or emails. The only thing I want is a letter/document stating from them  the contract is canceled because I did my recession within the legal amount of time stated in Tennessee law. I got a call from Florida but did not answer.


----------



## JHT

I got this today, Is this just a ploy or a threat that they're going to report from my credit. As you know I did my recession letter already. I have refuse to take any more calls from them after the last email of me stating that I did not want any old terms or new terms. My 45 days should be around August 19th. They did not take money out of my bank account on July 24th.


----------



## JHT

Actually my 45 days would be up on August 7th.


----------



## Grammarhero

JHT said:


> I got this today, Is this just a ploy or a threat that they're going to report from my credit. As you know I did my recession letter already. I have refuse to take any more calls from them after the last email of me stating that I did not want any old terms or new terms. My 45 days should be around August 19th. They did not take money out of my bank account on July 24th.



Wastegate never ceases to amaze me with their underhanded tactics.  You are good.  If they report to your credit, report to TN AG, and write an addendum to your credit report.  

If they did not take money out, that is a good sign.  Wastegate always takes money out ASAP.


----------



## OldGuy

When I see Wastegate, I am automatically drawn to it.

Some things just never go away.

*DAWN GEORGETTE MYERS v. CENTRAL FLORIDA INVESTMENTS *


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## JHT

They're slime!!Must be very money hungry for 8000.00


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## JHT

I don't understand how sending me that is even legal after my letter.


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## JHT

Should I send an email back..?


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## Grammarhero

Intuition2019 said:


> My paper has a fort Lauderdale address is this the one I ise


Good morning @Intuition2019 , we hope your rescission went well and that you are enjoying life without the financial burden of a developer/resort TS purchase.  Solely to track how much TUG have saved TS owners, mind sharing how much you saved with the rescission?  There is no shaming, as half of tuggers have bought a developer/resort TS.


----------



## OldGuy

Intuition2019 said:


> My paper has a fort Lauderdale address is this the one I ise



I agree that what you shared is the document preparer, but Greenspoon Marder has always been the firm covering Mr. S's back, so I would be surprised if they are not involved in squeezing you.


----------



## Grammarhero

JHT said:


> Should I send an email back..?


You've sent enough emails clearly stating your position to Wastegate.  I think engaging Wastegate via email further isn't helpful.


----------



## Grammarhero

OldGuy said:


> I agree that what you shared is the document preparer, but Greenspoon Marder has always been the firm covering Mr. S's back, so I would be surprised if they are not involved in squeezing you.


Greenspoon Marder gives lawyers a bad name and reputation.


----------



## OldGuy

Grammarhero said:


> Greenspoon Marder gives lawyers a bad name and reputation.



But they know what they are, they've found their niche.


----------



## AJCts411

JHT said:


> Should I send an email back..?


Sure looks like a "plausible denial" scam.  If wastegate is investigated...they can deny..mix up between departments.


----------



## JHT

The only time I sent an email was when they tried to give me a" better deal". I wrote to the closing officer who initially Contacted me with her two Managers that I did not agree to any old or new agreements. I also stated that I sent my letter and proof that I sent the letter and the owner's kit back. It would be impossible for them to claim theirs a mix up. I told them in the letter and in the email that they will not be taking out payments. So far they haven't taken out of my bank. I'm so frustrated.


----------



## Grammarhero

JHT said:


> The only time I sent an email was when they tried to give me a" better deal". I wrote to the closing officer who initially Contacted me with her two Managers that I did not agree to any old or new agreements. I also stated that I sent my letter and proof that I sent the letter and the owner's kit back. It would be impossible for them to claim theirs a mix up. I told them in the letter and in the email that they will not be taking out payments. So far they haven't taken out of my bank. I'm so frustrated.



Just stay put and enjoy your life without Wastegate.  If you are frustrated now, imagine having a retail TS with them.


----------



## Grammarhero

OldGuy said:


> But they know what they are, they've found their niche.


They are greedy, sellout lawyers loving money over integrity.


----------



## OldGuy

Grammarhero said:


> Just stay out and enjoy your life without Wastegate.  If you are frustrated now, imagine having a retail TS with them.



Excellent advice 20 years ago.


----------



## CV0615

Yeah Westgate keeps calling my husband since he didn’t block them. They leave messages saying in order for them to refund we have to talk to them first. Ummm no. still waiting on refund - know it can take up to 45 days.


----------



## JHT

Grammarhero said:


> Just stay put and enjoy your life without Wastegate.  If you are frustrated now, imagine having a retail TS with them.



I'm so glad there was a public library where I could read the documents and write the letter while I was on vaction.I'm Thankful by law they can't keep me as TS owner.Never again!


----------



## OldGuy

My first real Wastegate story goes back to 1991, and I can still remember the names involved, sorta, almost.

We had bought an EOY, and when we used it the next year, we bought the other EOY.  Then, when I learned enough to know enough, I realized we wanted it to be the same week, Week 23, which isn't important.

So I contacted Wastegate by dialing the instrument attached to the wall.

I got a call at 9:00 PM one Sunday evening from a very-pushy sales lady, badmouthing (rightfully) the resort they had sold us, trying to sell us something at their new resort _du jour_ for $30,000!!!!!  That's a lot of money, like $29,000 today.  

That pissed me off almost as much as faulty discount driving monitors, so I did some checking, and befriended Mr. S's administrative assistant, Kay Meddles, or Nettles.  

She had their mortgage administrator call me and they swapped out whatever we had for a second Week 23.  Maybe cost us a hundred bucks.

Her name will come to me shortly, when I don't need it.  I'm sure I still have that paperwork.

Beth Driggs, or something like that.
- - - - - -
You know, you realize at some point in your life that although you have all the accurate information stored somewhere internally, it is not always immediately accessible, so you realize that it is fruitless to try to sound completely credible spontaneously, in a regular face-to-face conversation or phone call, but you know the information is there, and will make itself available when it's ready to, so you prefer something you can edit or revise, like email, for instance.

I guess that's why when people are asked about easily-remembered things, they often respond with, "I can't recall."


----------



## OldGuy

JHT said:


> I'm so glad there was a public library where I could read the documents and write the letter while I was on vaction.



See, it is 20 years ago.

Library, well kids, that's a big building where knowledge used to be stored.



yeah, like google


----------



## TheTimeTraveler

JHT said:


> The only time I sent an email was when they tried to give me a" better deal". I wrote to the closing officer who initially Contacted me with her two Managers that I did not agree to any old or new agreements. I also stated that I sent my letter and proof that I sent the letter and the owner's kit back. It would be impossible for them to claim theirs a mix up. I told them in the letter and in the email that they will not be taking out payments. So far they haven't taken out of my bank. I'm so frustrated.





You will be fine as long as you sent your rescission letter via Certified Mail within the allowable time frame.  They haven't taken any money from you so that goes a long way toward telling you that they are abiding by your rescission request.

You'll receive a full refund within the 45 day time limit.  Sit back, relax, and look into buying resale!

Keep all of us posted.






.


----------



## JHT

TheTimeTraveler said:


> You will be fine as long as you sent your rescission letter via Certified Mail within the allowable time frame.  They haven't taken any money from you so that goes a long way toward telling you that they are abiding by your rescission request.
> 
> Thank you!!
> 
> You'll receive a full refund within the 45 day time limit.  Sit back, relax, and look into buying resale!
> 
> Keep all of us posted.
> 
> 
> 
> 
> 
> 
> .


----------



## OldGuy

OldGuy said:


> She had their mortgage administrator call me and they swapped out whatever we had for a second Week 23.  Maybe cost us a hundred bucks.



Moral to the story, maybe missed . . . . even almost 30 years ago, even Wastegate, could cancel a contract and "sell" a new one to replace it, for a hundred bucks.


----------



## Lavell37

Karen G said:


> Just a rescission letter should be fine to start with. Be sure everyone who signed the contract signs the letter. If you have a notebook or some other book they want returned, maybe they'll mention it. Send it the cheapest way possible, but just be sure to get your letter mailed with proof of the date you sent it within the rescission period. This is the most important part!


I purchased a WG TS on 7/12/2019.  sent a cancellation letter within the ten day rescission period on 7/18/2019. What I just realized is that both my cousin and I signed the contract, but I was the only one that signed the cancellation request. Does this mean we are stuck with it?


----------



## Grammarhero

Lavell37 said:


> I purchased a WG TS on 7/12/2019.  sent a cancellation letter within the ten day rescission period on 7/18/2019. What I just realized is that both my cousin and I signed the contract, but I was the only one that signed the cancellation request. Does this mean we are stuck with it?



Very likely.  I am very sorry about this unfortunate situation.  See if you get a refund within 27 days.  If not, then you and your cousins are WG owners.


----------



## AJCts411

Just wondering if that power of attorney that your cousins signed before the recession could be played?


----------



## Grammarhero

AJCts411 said:


> Just wondering if that power of attorney that your cousins signed before the recession could be played?


That could be played, especially if the cousin signed the general power of attorney.  Ideally, OP would have printed both names on the rescission letter and two signatures even if it’s two of his/her own signatures.


----------



## JHT

Y'all we got out letter today,the contract was canceled!!!!


----------



## CV0615

JHT said:


> Y'all we got out letter today,the contract was canceled!!!!



How long did it take ? From the time they received letter to receiving cancellation?


----------



## JHT

They received letter July 2nd.We got our one refund to our bank account and the rest is a check!!


----------



## Grammarhero

JHT said:


> They received letter July 2nd.We got our one refund to our bank account and the rest is a check!!



Congrats.  Guess your emails and threats to AG worked.


----------



## JHT

Yes,Thank God for this discussion board,that helped me through all the steps to cancel.I'm glad we're over this horrible mistake.


----------



## CV0615

Whoo hoo we received our refund back !! Yay!!!! Took a total of 28 days.


----------



## Grammarhero

CV0615 said:


> Whoo hoo we received our refund back !! Yay!!!! Took a total of 28 days.


Congrats on saving $18k!


----------



## raasch81

hi thus any one have a copy of a cancelation later for west gate timeshare ? please and just give me some guide lines on how to do this please .


----------



## Grammarhero

raasch81 said:


> hi thus any one have a copy of a cancelation later for west gate timeshare ? please and just give me some guide lines on how to do this please .



Where did you purchase?  That will determine the rescission period.  Make sure whoever signed the timeshare contract also signs the rescission letter.  How much would you save with rescission?

You send the cancellation letter to
2801 Old Winter Garden Road
Ocoee, Florida 34761

A sample letter is below.
To whom it may concern,

We want to cancel our contract immediately with Westgate Resorts, Inc. to purchase a timeshare interest in the Contract/Account Number XXXXXXXXXX-XXX .We are exercising our legal right to cancel this contract. We expect a full refund of our down payment of $XXXX US dollars. Do not make any additional charges to our credit card. Please confirm our legal rescission in writing.
As stated in the timeshare contract signed on August XX, 2019, we are entitled to X calendar days after the date we signed the contract (Contract/Account Number:XXXXXXXXXX-XXX) to cancel any timeshare contract that we have entered into and we are therefore notifying you in writing as that we are hereby cancelling the contract to purchase a timeshare at your property.  Due to this cancellation we expect that the $XXXX (US dollars) total down payment that we paid using our credit card ending in XXXX will be credited immediately upon receipt of this letter by you.


----------



## Srmichi23

Hello and thank you for having this website. My wife and I got sucked up into buy a timeshare this past Saturday 8/17 down in Florida. Something wasn’t sitting right with us and I started doing some research. Which led me to the discovery of this forum. We will be sending our cancelation notice right after I clear up some questions we have.

1. Where would we find the contract number? (Would it be the 14 digit number in the first page of the staple package we received?
2. I’m reading about multiple addresses? We are only seeing on. Which they are going by Westgate Palace, LLC 2801 Old winter garden Road, Ocoee, Florida 34761. 
3. We have the CD but nowhere to check what’s inside. Is it necessary for us to check it out before sending our letter?

Thank you in advance, We are really anxious about this mistake we made without doing research.


----------



## Grammarhero

Srmichi23 said:


> Hello and thank you for having this website. My wife and I got sucked up into buy a timeshare this past Saturday 8/17 down in Florida. Something wasn’t sitting right with us and I started doing some research. Which led me to the discovery of this forum. We will be sending our cancelation notice right after I clear up some questions we have.
> 
> 1. Where would we find the contract number? (Would it be the 14 digit number in the first page of the staple package we received?
> 2. I’m reading about multiple addresses? We are only seeing on. Which they are going by Westgate Palace, LLC 2801 Old winter garden Road, Ocoee, Florida 34761.
> 3. We have the CD but nowhere to check what’s inside. Is it necessary for us to check it out before sending our letter?
> 
> Thank you in advance, We are really anxious about this mistake we made without doing research.



1) the contract number is likely the 14 digit number on the first page.  Include a copy with your rescission letter.  Make sure both you and your wife sign the rescission letter.
2) that is the right address.  Be sure to send certified.
3) it is best to check the Cd for at least the rescission address and contract number.

How much would the rescission save you?


----------



## Passepartout

raasch81 said:


> hi thus any one have a copy of a cancelation later for west gate timeshare ? please and just give me some guide lines on how to do this please .


When and where did you sign this contract? How long you have to cancel it depends on what state you bought it. Grammerhero posted a good sample letter and the address to send it to. Make sure that everyone who signed that contract signs the letter. Include a COPY of the signature page with your rescission letter. Use the post office, not Fed-Ex, UPS or other courier. Send it Certified mail with return receipt so you'll know when it is delivered. The important date is when it is sent, not when they receive it. Send all their promotional junk back by the cheapest day-to-day probably UPS ground. Keep the receipt in case Westgate tries to charge you for it.

We are glad you found TUG. Good Luck with your rescission.

Jim


----------



## Srmichi23

Grammarhero said:


> 1) the contract number is likely the 14 digit number on the first page.  Include a copy with your rescission letter.  Make sure both you and your wife sign the rescission letter.
> 2) that is the right address.  Be sure to send certified.
> 3) it is best to check the Cd for at least the rescission address and contract number.
> 
> How much would the rescission save you?



We will check the CD tonight and get the letter printed. we shall both sign it and I’ll attach a photocopy of the the contract and staple them together. Tomorrow I’ll go to the postal service and send it out certified mail with return recipe. 

If everything goes thru we would save 17K

Would getting the rescission letter notarize be of any help?


----------



## Passepartout

Srmichi23 said:


> We will check the CD tonight and get the letter printed. we shall both sign it and I’ll attach a photocopy of the the contract and staple them together. Tomorrow I’ll go to the postal service and send it out certified mail with return recipe.
> 
> If everything goes thru we would save 17K
> 
> Would getting the rescission letter notarize be of any help?


No need to notarize it.


----------



## TheTimeTraveler

raasch81 said:


> hi thus any one have a copy of a cancelation later for west gate timeshare ? please and just give me some guide lines on how to do this please .





Follow Gramarhero's instructions and you should be fine.

Be VERY sure that anyone who signed the purchase also signs the rescission.  Absolutely NO NEED to Notarize.

ALSO, send you rescission letter via the United States Postal Service (USPS) and send it via CERTIFIED MAIL.  If you are young (which I think you are) us older folks refer to it as "the Post Office".   You can do this at ANY Post Office.

Save your Postmarked Receipt, drink beer and celebrate     


Keep in mind to do this right away.  Legally you have only so many days to do this, otherwise you are really STUCK WITH IT and all those monthly payments for years.

They should refund you within 45 days or so.   They won't acknowledge receipt, but they do have to refund your money by state law.






.


----------



## Srmichi23

We Reviewed the Cd and it’s the same information we got in paper. Wrote out the rescission letter the way Grammerhero had it. Just finish mailing it out certified mail with return receipt. They should be getting it on Saturday. 

When should I send back their portfolio with the tablet?  Also do we keep all the copies they gave us including the CD?


----------



## Grammarhero

Srmichi23 said:


> We Reviewed the Cd and it’s the same information we got in paper. Wrote out the rescission letter the way Grammerhero had it. Just finish mailing it out certified mail with return receipt. They should be getting it on Saturday.
> 
> When should I send back their portfolio with the tablet?  Also do we keep all the copies they gave us including the CD?



Keep all the materials just in case.

@Passepartout is the expert for this matter.  I didn’t realize they gave you that.  Usually we advise having a sentence “Promotional materials will be sent via separate cover upon request.”


----------



## Srmichi23

Grammarhero said:


> Keep all the materials just in case.
> 
> @Passepartout is the expert for this matter.  I didn’t realize they gave you that.  Usually we advise having a sentence “Promotional materials will be sent via separate cover upon request.”



I added that All promotional material will be returned under separate cover.


----------



## raasch81

Srmichi23 said:


> Hello and thank you for having this website. My wife and I got sucked up into buy a timeshare this past Saturday 8/17 down in Florida. Something wasn’t sitting right with us and I started doing some research. Which led me to the discovery of this forum. We will be sending our cancelation notice right after I clear up some questions we have.
> 
> 1. Where would we find the contract number? (Would it be the 14 digit number in the first page of the staple package we received?
> 2. I’m reading about multiple addresses? We are only seeing on. Which they are going by Westgate Palace, LLC 2801 Old winter garden Road, Ocoee, Florida 34761.
> 3. We have the CD but nowhere to check what’s inside. Is it necessary for us to check it out before sending our letter?
> 
> Thank you in advance, We are really anxious about this mistake we made without doing research.


it looks like we got the same dome decition on saturday the 17 because i done the same , and i kould sleep and start to do some reserch about it and i send a copy my wife and i sign and send over pryoty mail next day deliver , and i save the recit .


----------



## raasch81

Passepartout said:


> When and where did you sign this contract? How long you have to cancel it depends on what state you bought it. Grammerhero posted a good sample letter and the address to send it to. Make sure that everyone who signed that contract signs the letter. Include a COPY of the signature page with your rescission letter. Use the post office, not Fed-Ex, UPS or other courier. Send it Certified mail with return receipt so you'll know when it is delivered. The important date is when it is sent, not when they receive it. Send all their promotional junk back by the cheapest day-to-day probably UPS ground. Keep the receipt in case Westgate tries to charge you for it.
> 
> We are glad you found TUG. Good Luck with your rescission.
> 
> Jim


we sign the contract on 08/17/19 thank you very much i send a prioty mail , but did not inclued a copy of the contract , should i send again ,


----------



## raasch81

we have a contract of 10 years month payment of $165 down payment of $1385


----------



## Passepartout

raasch81 said:


> we sign the contract on 08/17/19 thank you very much i send a prioty mail , but did not inclued a copy of the contract , should i send again ,


You should be just fine and get back your down payment in 45 days or less. If it would give you more peace-of-mind, for the cost of postage it wouldn't hurt, but many people have rescinded successfully without sending a copy.
We're glad you found us in time to save yourself thou$and$.

Jim


----------



## Srmichi23

Srmichi23 said:


> I added that All promotional material will be returned under separate cover.



So that being said. Should we send back the material back now or after we get some sort of confirmation that they will canceling the contract?


----------



## TheTimeTraveler

Srmichi23 said:


> So that being said. Should we send back the material back now or after we get some sort of confirmation that they will canceling the contract?




Send it back now as you have no reason for it any longer.  Send it back via the USPS "Standard Mail" and be sure to ask for a tracking number.

Don't hold the material hostage;  get rid of it.





.


----------



## Srmichi23

TheTimeTraveler said:


> Send it back now as you have no reason for it any longer.  Send it back via the USPS "Standard Mail" and be sure to ask for a tracking number.
> 
> Don't hold the material hostage;  get rid of it.
> 
> 
> 
> 
> 
> .



Done. shipped in a medium flat rate box with tracking.  Now we wait


----------



## OldGuy

But the real question is did they ring the bell and announce you guys as new owners in front of everyone, and tell all the salespeople to take that week off the list of available weeks?


----------



## Srmichi23

OldGuy said:


> But the real question is did they ring the bell and announce you guys as new owners in front of everyone, and tell all the salespeople to take that week off the list of available weeks?



No they didn’t. For a lot of people they did.


----------



## Srmichi23

Alright so our certified letter is scheduled to be delivered today. I just check the tracking and it’s saying it that it ready for pick up?

Your item arrived at the OCOEE, FL 34761 post office at 7:43 am on August 24, 2019 and is ready for pickup.

Has this happen to anyone?


----------



## Grammarhero

Srmichi23 said:


> Alright so our certified letter is scheduled to be delivered today. I just check the tracking and it’s saying it that it ready for pick up?
> 
> Your item arrived at the OCOEE, FL 34761 post office at 7:43 am on August 24, 2019 and is ready for pickup.
> 
> Has this happen to anyone?


You are find.  Date that matters is the postmark date.  It just means that, for some reason, resort didn’t pick up.  Resort eventually will pick up and refund you.


----------



## Karen G

Srmichi23 said:


> Your item arrived at the OCOEE, FL 34761 post office at 7:43 am on August 24, 2019 and is ready for pickup.


Since today is Saturday maybe the office staff has the weekend off and they'll be back at work on Monday.
As posted above, all that affects you is that you mailed your rescission letter within the stated rescission period. You've
satisfied your part of the rescission. The rest is up to the resort.


----------



## Srmichi23

A little update. They picked up the letter and package on Monday but so far We haven’t heard from them. So not sure what to do.


----------



## Passepartout

Srmichi23 said:


> A little update. They picked up the letter and package on Monday but so far We haven’t heard from them. So not sure what to do.


Easy. Do nothing. Wait. Don't answer the phone from them or unknown numbers. They are not required to inform you of anything. It can take up to 45 days to receive your refund. You have done your part. We know it's hard, but RELAX! You won.


----------



## Srmichi23

It’s done? I received my deposit the other day but that’s it? No confrontation of the cancellation of the contract?


----------



## Grammarhero

Srmichi23 said:


> It’s done? I received my deposit the other day but that’s it? No confrontation of the cancellation of the contract?


Yes.  They are not required to confirm cancellation.


----------



## Karen G

Srmichi23 said:


> It’s done? I received my deposit the other day but that’s it? No confrontation of the cancellation of the contract?


That's correct. You're done. There is no confrontation because you are no longer dealing with the sales dept.  The sales people are the ones who would confront you and try to talk you out of your rescission.

Once you rescind, you are dealing with the member services dept. or whatever they might be called. It's all business in that dept. They are required to follow the law and once the contract is rescinded the parties (you and the developer/resort) are put back to the place before there was ever a contract. It's as if there never was a sale or a contract.  You have your money back. They have no sale.

Don't worry. Be happy!


----------



## Kimmi592

Passepartout said:


> We are told that the contract and rescission instructions are *in a hidden velcro secured flap inside one of the covers of the binder*. The 'wait for the DC' business is a delaying tactic to get you to delay past the legally allowable rescission period. IMO, nothing in that binder is worth $50. Send it back.
> 
> Jim


I know this post is from 2014, but do you know what exactly the instructions were in the hidden pocket? I didn’t see this and already mailed back the binder. Attached is what was on my contract. I just want to make sure I wasn’t supposed to include something that I didn’t in the letter I sent because I didn’t see these hidden instructions. Like some kind of phrase or information. I have our names and we signed it, the date we signed, contract number, message stating we want to cancel, our address and email. Sent certified mail with return receipt.


----------



## Passepartout

Kimmi592 said:


> I know this post is from 2014, but do you know what exactly the instructions were in the hidden pocket? I didn’t see this and already mailed back the binder. Attached is what was on my contract. I just want to make sure I wasn’t supposed to include something that I didn’t in the letter I sent because I didn’t see these hidden instructions. Like some kind of phrase or information.* I have our names and we signed it, the date we signed, contract number, message stating we want to cancel, our address and email. Sent certified mail with return receipt.*


Relax! You have done all that is necessary to rescind. There is no secret code, No legalese required. Really starting the rescission brocess is as easy as saying "I Want OUT OF THIS CONTRACT #", and sign it.

You're done. You won. Go celebrate. Stay off the phone with them or unknown numbers. Watch your credit card account for a refund, and then you'll know for sure.

Jim


----------



## Kimmi592

Grammarhero said:


> We are debating whether to:
> 1) not play Westgate’s game and ignore Westgate on what is likely (95%) an unenforceable, rescinded contact,
> 2) play their game, increase legality of rescission and unenforceability to 99+ percent, and threaten to report them to AG.
> 
> It’s a tough call.


How is it only 95% successful? Don't they have to cancel if you send in a letter? Isn't it the law?


----------



## Grammarhero

Kimmi592 said:


> How is it only 95% successful? Don't they have to cancel if you send in a letter? Isn't it the law?


There are no 100 percent guarantees in law that something is definitively illegal, or that someone would win in a court of law. We can only estimate.  I didn’t have all the facts.  I didn’t have the Wastegate recording, which could have been manipulated.  Ultimately, OP could his money back, and the Ts was cancelled.

Heck, Supreme Court cases are often 5-4.  A lot of people thought OJ, Casey Anthony, or George Zimmerman should be found guilty, but they weren’t.  Illegality involves proof after complete investigations.


----------



## Kimmi592

I know I’m not supposed to call, but I called the actual office number for the 2801 winter garden road address. I asked if they got my cancellation letter and they said yes and that the cancellation is being processed and I should receive a refund in 21 days. So hopefully they are being truthful.


----------



## Passepartout

Kimmi592 said:


> I know I’m not supposed to call, but I called the actual office number for the 2801 winter garden road address. I asked if they got my cancellation letter and they said yes and that the cancellation is being processed and I should receive a refund in 21 days. So hopefully they are being truthful.


They don't have a choice. Wastegate may be sleazy and take ANY advantage they can, but even they have to obey the law. You'll get your refund. Now STAY OFF THE PHONE!


----------



## Grammarhero

Kimmi592 said:


> I know I’m not supposed to call, but I called the actual office number for the 2801 winter garden road address. I asked if they got my cancellation letter and they said yes and that the cancellation is being processed and I should receive a refund in 21 days. So hopefully they are being truthful.


Don't call. We got a report of a rescinded Westgate owner who called, and then Westgate tried to make it seem like he accepted a revised offer over the phone.  You don't want to deal with that.  That thread is here: https://tugbbs.com/forums/index.php...-timeshare-merged.208087/page-15#post-2309794


----------



## TheTimeTraveler

Kimmi592 said:


> I know I’m not supposed to call, but I called the actual office number for the 2801 winter garden road address. I asked if they got my cancellation letter and they said yes and that the cancellation is being processed and I should receive a refund in 21 days. So hopefully they are being truthful.





Didn't you mail this via CERTIFIED MAIL?   I ask because certified mail provides anyone with a FREE USPS Tracking Number, and the tracking number actually proves that the Rescission Letter was delivered (as required by law).

As others have said, calling is not a good thing as it may lead to someone trying to talk you out of rescinding (or even talking to you about the same deal at a much lower price).

For the benefit of everyone;  Certified Tracking numbers can be easily tracked via the USPS Website.  Here is their website:


www.USPS.gov




.


----------



## Passepartout

TheTimeTraveler said:


> For the benefit of everyone;  Certified Tracking numbers can be easily tracked via the USPS Website.  Here is their website:
> www.USPS.gov


It's really www.USPS.com but will convert if you type the wrong domain.


----------



## Kimmi592

TheTimeTraveler said:


> Didn't you mail this via CERTIFIED MAIL?   I ask because certified mail provides anyone with a FREE USPS Tracking Number, and the tracking number actually proves that the Rescission Letter was delivered (as required by law).
> 
> As others have said, calling is not a good thing as it may lead to someone trying to talk you out of rescinding (or even talking to you about the same deal at a much lower price).
> 
> For the benefit of everyone;  Certified Tracking numbers can be easily tracked via the USPS Website.  Here is their website:
> 
> 
> www.USPS.gov
> 
> 
> 
> 
> .


I did send certified mail with receipt. They didn’t try to talk me into anything, these weren’t sales people. Just the people that do the cancellations.


----------



## Kimmi592

Just wanted to update.. we got our deposit refunded today. Phew!!


----------



## Grammarhero

Kimmi592 said:


> Just wanted to update.. we got our deposit refunded today. Phew!!


Congrats.  go out and celebrate.


----------



## kegger

I see lots of people got out of westgate by rescinding anyone have any luck after the 10 day time period? Any canadians that have just stopped paying MF? Did it get reported to credit Bureau?


----------



## Passepartout

kegger said:


> I see lots of people got out of westgate by rescinding anyone have any luck after the 10 day time period? Any canadians that have just stopped paying MF? Did it get reported to credit Bureau?


@Grammarhero has some numbers on people who have defaulted. iirc Canadians have not reported having their credit affected by default/foreclosure. Obviously you lose everything you've paid- which you would have gotten back with a timely rescission. Your mileage may vary.

Jim


----------



## kegger

I literally just got off the phone with Westgate. I called the legacy number 1 800 351 0461. My 2 bedroom plus loft gone for less then my bi annual maintenance fees paperwork is in the mail.  My TS was paid in full 6 years ago had for 7 in Jan. Thanks TUG for not letting me pay a resale company. I was close to doing that.


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## Passepartout




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## Grammarhero

kegger said:


> I see lots of people got out of westgate by rescinding anyone have any luck after the 10 day time period? Any canadians that have just stopped paying MF? Did it get reported to credit Bureau?


Thanks @Passepartout, my TUG mentor. @kegger that is a good result.


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## danfeduk630

Karen G said:


> That's correct. You're done. There is no confrontation because you are no longer dealing with the sales dept.  The sales people are the ones who would confront you and try to talk you out of your rescission.
> 
> Once you rescind, you are dealing with the member services dept. or whatever they might be called. It's all business in that dept. They are required to follow the law and once the contract is rescinded the parties (you and the developer/resort) are put back to the place before there was ever a contract. It's as if there never was a sale or a contract.  You have your money back. They have no sale.
> 
> Don't worry. Be happy!


Hello really appreciate this site as its about to save my family from this bad deal!
Just have some questions I see about the letter sending to 2801 winter garden road, Do I send the binder and tablet to the same address or do I send it back to the location we received the tablet. We signed and got our tablet at westgate lakes orlando, But our  purchased unit was in westgate bluetree. 
The other question I have is about the contract number, I dont see it on the first page of the contract but I do see a number on the page that says receipt for timeshare documents. That number is 14 digits like described in forum, 1479085****-014. Do you think that is the number? thank you so much!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


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## Karen G

Send the tablet back by separate mail by the cheapest traceable method . You can mention in your letter that you are returning it by separate cover. I’d send it to the same address as you send the letter.

As far as the contract number, I don’t think it’s crucial as long as all parties who signed the contract sign the rescission letter. You could include a copy of the first page of the contract or any page that shows your names.

The most important thing about the whole process is that you get that letter mailed within the rescission time limit, you send it by certified mail, and you keep a copy of your letter & your certified mail receipt.

Then patiently wait for your money to be returned. It might take 45 days but probably will be sooner.


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## Grammarhero

danfeduk630 said:


> Hello really appreciate this site as its about to save my family from this bad deal!
> Just have some questions I see about the letter sending to 2801 winter garden road, Do I send the binder and tablet to the same address or do I send it back to the location we received the tablet. We signed and got our tablet at westgate lakes orlando, But our  purchased unit was in westgate bluetree.
> The other question I have is about the contract number, I dont see it on the first page of the contract but I do see a number on the page that says receipt for timeshare documents. That number is 14 digits like described in forum, 1479085****-014. Do you think that is the number? thank you so much!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


That looks like the 14 digit number.  Be sure to include that number just in case.
Mind sharing how much you’d save with rescission?


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## danfeduk630

Grammarhero said:


> That looks like the 14 digit number.  Be sure to include that number just in case.
> Mind sharing how much you’d save with rescission?


8000$ thanks for all the help


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## RichardG904

New here I also fell for a Westgate Timeshare. @ the Westgate Town Center in Kissimmee, Fl.
Bought Saturday and I am now writing the rescission so I'm still in the 10days. Somthing made me do research on this Monday night and came across TUG. They ALMOST got me for $9,680..


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## LannyPC

Just make sure you follow the rescission instructions exactly as shown in your owner's package including the right address to send it to and the method (likely certified mail).

Once you do send your letter, they will have up to 45 days to issue your refund but it usually does not take that long.  Also, they are under no obligation to update or inform you.  If you do not see your refund right away, don't panic by calling the resort asking for updates.  Also, watch out for any unknown calls that might come your way.  They could be from the sales people trying to get you to change your mind about rescinding.


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## CPNY

RichardG904 said:


> New here I also fell for a Westgate Timeshare. @ the Westgate Town Center in Kissimmee, Fl.
> Bought Saturday and I am now writing the rescission so I'm still in the 10days. Somthing made me do research on this Monday night and came across TUG. They ALMOST got me for $9,680..


Make sure whoever signed the contract signs the rescission letter. Also send certified mail with proof. That’s essential


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## amycurl

@Grammarhero


Sent from my iPad using Tapatalk


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## RichardG904

CPNY said:


> Make sure whoever signed the contract signs the rescission letter. Also send certified mail with proof. That’s essential


Yup we both signed the rescission letter and also sent it certified!


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## lati

Hello, I have questions, we bout TS about one month ago, now do we have any options to cancel it without hurting credit score?


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## TheTimeTraveler

lati said:


> Hello, I have questions, we bout TS about one month ago, now do we have any options to cancel it without hurting credit score?




You should name the resort, and the city and state it is in to obtain the best advice......

@Grammarhero is the TUG expert and I'm sure he will read your post.



.


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## lati

TheTimeTraveler said:


> You should name the resort, and the city and state it is in to obtain the best advice......
> 
> @Grammarhero is the TUG expert and I'm sure he will read your post.
> 
> 
> 
> .


Westgate resort, in Orlando, Florida. Signed on 11/07/2020. How I can cancel it?


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## TheTimeTraveler

lati said:


> Westgate resort, in Orlando, Florida. Signed on 11/07/2020. How I can cancel it?




You can't cancel it now as you are beyond the allowable cancellation time.  Your best bet now is to pay it off and give it away, both of which are likely nearly impossible.


.


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## Grammarhero

lati said:


> Westgate resort, in Orlando, Florida. Signed on 11/07/2020. How I can cancel it?


Owners defaulting on mortgages on timeshares deeded in CA, FL, Maine, SC, WI, HI, or MT get anti-deficiency protection, if they don’t object to the foreclosure. Anti-deficiency protection is when resorts can’t sue you for the foreclosure sale deficient balance.

If you made the hard decision to default, please kindly let us know if your credit got affected. It would help tuggers in similar situations moving forward.


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## aausti9

TUGBrian said:


> I see at least a half dozen separate folks cancelling in one single thread, and $28k worth of confirmed savings.
> 
> love it!





Passepartout said:


> I thought I'd drawn up a sample letter, but can't find it right now. It doesn't need to be technical or legalese. (look up in post 62-63 for ideas) You've hit the basics. Include a copy of the signature page. for identification purposes. Make sure all signers of the contract sign the rescission letter
> 
> Write "promotional materials to be returned under separate cover" on the letter- and then send their crap back- cheapest way possible. Send that to the resort and keep the postal receipt in case they try to charge you for it.
> 
> Send it to the Ocoee FL address.
> 
> Glad you found TUG in time. If timeshare has some appeal after you nget your money back, stick around, do some reading. Become an educated consumer, and most importantly---- But RESALE, Save Thou$and$!
> 
> Jim


hey jim in new to this i just bought saturday in vegas, but for the florida location so i know i need to send to fl, but what about the online materials do i need to include that in my letter and send that back as well? i used a different card with that. that should all get refunded correct?


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## Grammarhero

aausti9 said:


> hey jim in new to this i just bought saturday in vegas, but for the florida location so i know i need to send to fl, but what about the online materials do i need to include that in my letter and send that back as well? i used a different card with that. that should all get refunded correct?


Check through all your paperwork for rescission instructions and follow as exact.  Be sure to include your names and account numbers with your rescission letter.  

you should get all your deposit back within 45 days.  What do you mean by online materials?  RCI book?

We hope your rescission and deposit refund are successful.  To track TUG rescission savings, mind sharing how much you saved with rescission?  As half of tuggers initially bought developer/retail TS, there is no shame.


The sample is below 
_Gentlemen: 

Regarding contract "123" for purchase of a timeshare at "ABC" resort. We are exercising our legal right to cancel this contract. We expect a full refund of our deposit of "$123." Do not make any additional charges to my credit card. Please confirm my legal rescission in writing.

Sincerely,

John Husband
Jane Wife_


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