# Missing Westgate Cancellation documents



## Tripping (Aug 11, 2016)

Please Help!! 
I purchased  a timeshare from Westgate in Tennessee  on 8/8/16..I got home from vacay on the 10th and read reviews and realized that I was mislead on more than a few details...I want to rescind but there is absolutely no contract in that binder, not in any hidden velcro pouch, nor is there 1 hidden inside the disc jacket (a deed form was in there but no contract) ..also there's a section on the disc entitled "contract' but we can not open it . Do I have to have a copy of the contract to rescind? I know they are not going to give me any info in the way of being helpful if I call... What is the adress to send the rescission? Do I send the binder & tablet along with the recission? Please any info will be greatly appreciated.

Tripping


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## DeniseM (Aug 11, 2016)

Please clarify:  Can you _not find_ a hidden pocket, or did you find the pocket, and it is empty?

The pocket is well-hidden, it just looks like a seam in the middle of the binder - pictures:

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


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## Tripping (Aug 11, 2016)

I found the compartment and there is nothing in it.


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## DeniseM (Aug 11, 2016)

You don't have to send a copy of the first page of the contract, but it's helpful if you can.  

You should definitely rescind with or without the contract.

Do you have the contract number or anything else to identify your contract in your letter?

If not, write your recession letter as usual, but without the contract number.  With the date you signed, and your name, they can certainly look it up.

More Info. and Sample Letter:  http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html


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## Tripping (Aug 11, 2016)

I was given that manila envelope...i put it in the binder myself...there was nothing in it except the disc and a deed form.


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## Tripping (Aug 11, 2016)

Im at work now but I do recall seeing an account number...plus they gave me a card with an account number on it..


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## Tripping (Aug 11, 2016)

Ok, I most definitely want to send the letter tomorrow but I don't know if that address in Florida is the correct address to send it to since I purchased it in Tennessee...


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## Tripping (Aug 11, 2016)

............


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## Tripping (Aug 11, 2016)

I was personally  given that manila envelope and I put it in the binder myself...I most definitely want to send the rescission letter but I don't know if the address in Florida is the correct address since I purchased it in Tennessee...


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## theo (Aug 11, 2016)

The correct address to use for your rescission correspondence is almost certainly the Wastegate corporate offices in Ocoee FL, unless your CD content indicates otherwise (highly unliklely, IMnsHO). A search on this TUG site will easily retrieve the specific street address in Ocoee, FL for you if you haven't already found it.  The street name is something likle "Old Winter Garden Road" or something like that, but I don't recall the number. By law, the rescission address and instructions *should* be very clearly and specifically provided and spelled out *somewhere* in your paper documentation (or, knowing Wastegate, it is perhaps buried within the provided CD content). You can also send a copy to the resort where you purchased, but do not fail to send the original rescission to Wesgate corporate. It *won't* cut it to send rescission correspondence *only* to the resort where you purchased. 

The applicable rescission period is the state in which you purchased (*not* the state where the timeshare is located), although in this instance they are actually the same. Both FL and TN have a 10 day rescission period, but get that signed (certified mail) rescission  correspondence out the door *ASAP*! Make sure that anyone and everyone who signed the contract also sighs the rescission letter, if more than one person was involved. You do *not* want to get or remain involved with the slimy likes of Westgate for years to come, IMnsHO. Don't call them on the phone. Get writing and get out now, while you can still do so as applicable law allows!


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## TUGBrian (Aug 11, 2016)

how odd that the contents of the "security pocket" are missing....

im sure it was just an accident!


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## Tripping (Aug 11, 2016)

I called the closing agent and asked where my contract is.. she stated that its in the disc..to which I explained that the section that we did find on the disc that  says "contract" was sent via a format called shockwave, and even my tech savvy son could not open it.. (I knew from the onset that it was no mistake that I could open and read every other section of that disc).. I asked her if she could email me the contract.S She told me that it has to be mailed...imagine that, in this day and age of technology that I cant have a simple contract emailed to me?! Needless to say that I will be heading to the post office before I leave for work this evening.  I still don't know where I should send the binder and tablet that they gave me though...


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## TUGBrian (Aug 11, 2016)

We are thankful that you found all this out before it was too late...most dont!


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## DeniseM (Aug 11, 2016)

Tripping said:


> still don't know where I should send the binder and tablet that they gave me though...



You can send the binder and tablet to the same address - because of the tablet, I'd insure them.


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## theo (Aug 11, 2016)

6 second TUG search reveals:

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

Tripping: You *do not* need to bother to retrieve a copy of the contract in order to rescind, so don't waste time going down that rabbit hole --- the clock is ticking. 
Just write the rescission letter based on the available information you already know and have on hand, including the specific date and place of purchase and any account or "member" numbers that you may already have (you've previously indicated possessing this info, iirc). All original signatories to the contract should also sign the rescission letter. Get it written, signed and off on its' way by certified mail. You can return the tablet and other materials separately; simply indicate within your rescission letter that those other materials will soon follow separately (and then do so, or you will be lawfully charged for them). 

Do *not* rely on Westgate to provide you with *any* further "assistance". Do not call them again either --- they do *not* have *your* interests at heart ---only their own. 
They will delay and obfuscate and sing and dance until the 10 day rescission period has expired, at which point it would be too late and you'd be SOL.  Just get that rescission letter written, signed and sent and let the law work on your behalf. Even slimy Wastegate will not and does not dare to openly defy established state law.


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## tschwa2 (Aug 11, 2016)

You may want to contact the AG to tell them your story as well.  By not providing that information (or providing it on a file that can't be opened) Westgate is violating the law.


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## elaine (Aug 12, 2016)

I'd addition,  I would send a letter to the address of where you bought in TN, as well as do a quick google search to find any other TN addresses as well as any "address to mail rescission letter for X west gate timeshare in TN." I would send all certified mail with proof of mailing. It is imperative that you get it to the correct place for it to count--so sent it to 10 places, if you need to. Good luck. Elaine.


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## DeniseM (Aug 12, 2016)

elaine said:


> I'd addition,  I would send a letter to the address of where you bought in TN, as well as do a quick google search to find any other TN addresses as well as any "address to mail rescission letter for X west gate timeshare in TN." I would send all certified mail with proof of mailing. It is imperative that you get it to the correct place for it to count--so sent it to 10 places, if you need to. Good luck. Elaine.



There is really no need to send it to 10 places - only the one designated address processes recessions.  That info. has been provided above.


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## elaine (Aug 12, 2016)

Ok! Maybe not 10 places, but OP stated he cannot find the address in his materials. I would not assume it's Orlando. Most likely yes, but if it were me, I'd do overkill and send it everywhere that could possibly be a place of rescission. Copying the same letter  and sending it to maybe 5 places is $20 or so extra postage, same trip to post office.  I would want to ensure my recession and have Documentation of my Herculean efforts in case the mystery address was some place different.
Sending contract rescission via Disc, which cannot be opened. New technique?


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## Tripping (Aug 13, 2016)

Guys, what are the odds of them not taking delivery of the certified mail?


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## DeniseM (Aug 13, 2016)

Tripping said:


> Guys, what are the odds of them not taking delivery of the certified mail?



That would be completely illogical - because whether they accept it or not, you have proof that you sent it.  If they refused to accept it, you would also have proof of that.  The Attorney General would take a very dim view of that.


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## elaine (Aug 13, 2016)

They know the rules. When it comes to rescissions, they have to obey. If you are 1 day late, you're stuck. But if you follow the rules, they know they have to abide. Send it certified, keep your receipt of the certified mailing and track it online for acceptance and print out your receipt as well as get the receipt returned via slow mail. Save these items, as sometimes you need to remind them in few months, if you don't get your deposit back. Or if you put on cc, you just call cc and get charges reversed and you have proof of rescission. 
If you send certified in time, don't worry.


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## Tripping (Aug 13, 2016)

Thank you guys so very much for all of your support and input! I'm so very greatful.
I sent 4 letters...3 certified...1 to the Westgate address in Ocoee, I to the closing agent in Tennessee and 1 to the Atty General of Tennessee...I cc'ed my  correspondences to all parties...in my letter to the Atty General I made note that my contacting him was two-fold... my first goal was to inform him that I didn't receive my contract from Westgate and my second was to show that i rescinded within the time alloted..
I sent the binder and tablet back to the closing agent; explaining to all involved that since I had no contract to direct me otherwise I sent it back to the person who gave it to me...oh and the 4th letter was placed in an manilla envelope and placed in the front pocket of the binder.


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## Passepartout (Aug 13, 2016)

Great job! Now, it's an exercise in patience. They HAVE TO process the rescission. But they are under no requirement to inform you of the progress, or notify you when it's done. It can take up to 45 days for a credit to appear on your credit card. I know it's hard, but resist the temptation to call them. There is a good chance the closer will call you to sweeten the deal and try to talk you out of rescinding. DO NOT ANSWER THE PHONE! No good can come of talking to them. Nothing said is binding, only the written letter.

Patience, my friend.

Jim


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## DeniseM (Aug 13, 2016)

Jim is right on the money-

-Don't call them
-Don't answer their calls - let the answering machine take the message.
-Don't answer their emails.

I know it's really tempting and you want to know what's going on, but remember this:  the ONLY way you can rescind is in writing - and you have already done that.  

Telephone calls do not have any legal standing,_ so it doesn't matter what they say over the phone_, and talking to them is likely to muck things up.

Expect to get a call from your sales person - he has NOTHING to do with your recession.  His ONLY objective will be to talk you out of rescinding so he can keep his commission.

So hang tight, and vow NOT to communicate with them.

If you made the down payment by credit card, I'd also dispute the payment, as a back up.


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## linpat (Aug 14, 2016)

After reading these posts I just have to add that I continue to be impressed by the willingness of TUG members to help others with free advice, sources to contact, and many other supports that you simply don't find in other forums.


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## theo (Aug 14, 2016)

elaine said:


> They know the rules. When it comes to rescissions, they have to obey. If you are 1 day late, you're stuck. But if you follow the rules, they know they have to abide. Send it certified, keep your receipt of the certified mailing and track it online for acceptance and print out your receipt as well as get the receipt returned via slow mail. Save these items, as *sometimes you need to remind them in few months, if you don't get your deposit back.* Or if you put on cc, you just call cc and get charges reversed and you have proof of rescission.
> If you send certified in time, don't worry.




Several months? Fwiw (without going into all the details of applicable laws and regulations) the refund *must* be issued *within 45 days*. Even slimy Westgate knows this and complies with the requirement, although it is not unusual for Wastegate to sometimes take every bit of the allotted 45 days.


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## Tripping (Aug 16, 2016)

I received my first return receipt and first call today both from Gatlunburgh TN...they didn't leave a message.


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## DeniseM (Aug 16, 2016)

That's good news - you have your documentation, and now you just wait.  

Don't be surprised if they call again, and may leave a message saying that they must talk to you to process the recession - don't fall for it!


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## Tripping (Aug 17, 2016)

Does this return receipt suppose to have a signature on it; because it does not....


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## Tripping (Aug 17, 2016)

I agree Linpat...they are very supportive and I am eternally greatful.


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## DeniseM (Aug 17, 2016)

Tripping said:


> Does this return receipt suppose to have a signature on it; because it does not....



I would not be concerned about that at all.


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## Tripping (Aug 29, 2016)

Good Day Everyone, 
I just wanted to update you all. I received my cancellation letter from Westgate today. The cancellation  letter and the certified return receipt from the Atty General's office came today. I just want to thank you all once again!


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## taterhed (Aug 29, 2016)

Super.

 Now that you've rescinded and don't have the pressure on your shoulders...

 Take time to find out what is right for your vacation goals and desires.  Timeshares may offer a great solution for spending time with family and/or loved ones () and making lasting memories.

 Suggest starting your research with the stickies (new to timesharing, look here!) and then, after a bit of research, fill out the survey below to get advice on what's right for you.  congrats and welcome!

http://tugbbs.com/forums/showthread.php?t=208742

 ps:  consider becoming a member of TUG, it's the best $15 you'll ever spend.


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## Tripping (Aug 29, 2016)

Thanks will do


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