[ 2014 ] How to cancel Westgate Timeshare

[Misepulved]

We purchased a timeshare last week, but can't seem to be able to cancel it. If you know how, HELP PLEASE!!!

 

[DeniseM]

Here you go: http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html

 

[Passepartout]

Depending on what state you bought it in, you have 7 to 10 days to rescind. iirc, Florida is 10 days. Get it in the mail tomorrow.

The address is:


Westgate LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761

The letter doesn't need to be fancy, or legalistic, just,

I/We wish to cancel contract # _______________ Dated, July, __ 2014.
We wish all down payments returned to us and any ongoing expenses stopped.
All promotional materials will be returned under separate cover.

Signed (husband)_____________, (Wife) ____________ Date July __, 2014

The instructions are in the fancy binder they gave you, in a hidden pocket, but just write a letter to them. Send it USPS Certified, with Returned receipt.

As long as you are within the legally allowed time period, you'll be released.

Good Luck, and Welcome to TUG!

Jim

 

[theo]

Tick tock...

Jim's extensive info, address and input provided above is solid and correct. I suggest that you follow it immediately --- and be grateful for the details he has provided.
You don't want anything to do with the likes of Westgate. Not now, not ever --- not even for free.

If you purchased "last week" (presumably in FL, although you didn't specify the state or the specific date of purchase, but did post your inquiry in the "Florida" forum), you are already dangerously close to the deadline to cancel; a legal right which is yours by state law, but also a legal right with a very clear, specific and limited time frame in which to exercise that legal right. For a Florida purchase, your rescission letter must be postmarked within 10 days from the date of contract execution.

Send your rescission letter by certified mail today, so that you have documentary proof of postmark date. Do not fax, do not call, no emails, do not use FedEx or UPS.
No smoke signals, no carrier pigeons, no hand delivery, no bicycle couriers. None of those avenues are acceptable or legally adequate. Use only certified mail and save your date-stamped USPS receipt for future reference. Keep a photocopy of your rescission letter (which should be signed by all parties who signed the original contract) and also make and keep photocopies of any and all other contract materials too --- just in case Wastegate later tries to play games or make false claims about your compliance with rescission instructions and / or applicable deadline.

You're very lucky, btw; Florida (along with Tennessee) has one of the longest rescission (cancellation) time periods anywhere in the U.S., providing 10 days to rescind.
Only Alaska has a longer rescission period (15 days). In most states, it's 5-7 days. In several states, the rescission time period is actually as short as 3 days.
Act now, before it's too late, then count your blessings. If you don't meet the deadline, you will be an unhappy and dissatisfied Westgate owner for a very long time.

Oh --- stay off the phone on this matter. Don't call Westgate and don't even answer the phone if they call you (which they will, if they get your rescission in time). Telephone conversation on this contract matter, just like anything the sales weasels expressed to you verbally, means absolutely nothing in the eyes of the law.

 

[Gator Hater]

Follow The Instructions & Be Patient

Just wanted to let everybody know that we followed Jim's instructions outlined on this blog and had no problems rescinding our contract with Westgate Travel Club.

From beginning to end, it took 6 weeks. Our initial credit card payment was quickly credited, less $75. Once the portfolio and materials was returned it took a month to receive a check for the remaining $75.

Bottom line...Follow the instructions and be patient.

And thanks to those who took the time to post their experiences. It truly helped alleviate our anxieties.

 

[Bruno.lomeu]

How to cancel timeshare after the 10 days

Hi guys!! I really need your help.
My name is Bruno and i did buy a time share in May 2014 with Westgate(Orlando). I´d like to know if you can help me to cancel the contract and to get my refund of what i did spend. I did know what to do!

 

[Passepartout]

Sorry to be the bearer of bad news, Bruno, but the only way for you to 'get out' of your contract is to sell it (or give it away). More bad news. If it isn't paid off, nobody will take it- even for free. Whatever money you've spent is gone. You won't get any of it back.

After the legally required 'cooling-off' (rescission) period, no one can magically make a legally written and signed contract just go away. Well, except by you filing bankruptcy.

At this stage, since you've owned the timeshare almost a year, is for you to stick around TUG. Learn how to use what you bought. Perhaps you can reserve high-value weeks at Westgate resorts and rent them. That would help reduce your out-of-pocket costs, and you could continue to take vacations using RCI's Last Call cash rentals at very low cost.

Bruno, we are saddened that you didn't research your purchase, and find us before you let the rescission period end and we could have helped you get out. In a recent survey, just about half of TUGgers bought their first timeshare from the developer, so you're in good company. Learn to use what you have, and Welcome to TUG.

Jim

 

[Bruno.lomeu]

Thanks very much for you fast feedback!
Im thinking to contact a lawyer that verifiy all the possibilitys before give up!!

 

[Passepartout]

Bruno, Are you in the U.S? If not, it's possible that simply stopping payments to Wastegate will have little effect on your credit, and that after you've missed a few payments, they might cancel your ownership in lieu of foreclosing. This won't get back any of the money you have already spent, but will at least stop the payments.

Westgate are the worst of the worst, and they will not stop hounding you for payments if they think there is a chance of getting it. Worse, even if you stick it out and pay off the whole thing, it is worth exactly nothing on the resale market, so why pay?

We wish you the best. See a lawyer if you wish, but after much experience dealing with these people, we pretty well know what they will do.

Jim

 

[theo]

<snip>....it's possible that simply stopping payments to Wastegate will have little effect on your credit, and that after you've missed a few payments, they might cancel your ownership in lieu of foreclosing. This won't get back any of the money you have already spent, but will at least stop the payments.

Westgate are the worst of the worst, and they will not stop hounding you for payments if they think there is a chance of getting it. Worse, even if you stick it out and pay off the whole thing, it is worth exactly nothing on the resale market, so why pay?

We wish you the best. See a lawyer if you wish, but after much experience dealing with these people, we pretty well know what they will do.

The input above is exactly correct. No attorney on Planet Earth has any magic formula, pixie dust, or secret potions to get someone out of a valid and lawful contract, executed freely and voluntarily --- nearly a year ago. Getting any money back from Westgate at this juncture is unfortunately just wishful thinking.

A (financially) sound option might be to accept that any and all money paid to date is gone forever, refuse to pay Westgate another penny and just let them foreclose. There may be credit reporting consequences of course, but those consequences may be of little or no concern to someone residing outside of the U.S.A.

As Jim stated, the "product" is worthless in the resale market anyhow, so it might be prudent to just completely stop any further financial "bleeding" right now.

 

[Kfinn]

Hi..is this the address for any westgate timeshare purchased in florida? I purchased on sunday 7-12-15. We want to cancel and there are no instructions in our briefcase. I want to make sure I'm sending to the correct address..thanks

Depending on what state you bought it in, you have 7 to 10 days to rescind. iirc, Florida is 10 days. Get it in the mail tomorrow.

The address is:


Westgate LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761

The letter doesn't need to be fancy, or legalistic, just,

I/We wish to cancel contract # _______________ Dated, July, __ 2014.
We wish all down payments returned to us and any ongoing expenses stopped.
All promotional materials will be returned under separate cover.

Signed (husband)_____________, (Wife) ____________ Date July __, 2014

The instructions are in the fancy binder they gave you, in a hidden pocket, but just write a letter to them. Send it USPS Certified, with Returned receipt.

As long as you are within the legally allowed time period, you'll be released.

Good Luck, and Welcome to TUG!

Jim

 

[theo]

Hi..is this the address for any westgate timeshare purchased in florida? I purchased on sunday 7-12-15. We want to cancel and there are no instructions in our briefcase. I want to make sure I'm sending to the correct address..thanks

Yes, the address Jim cited is indeed correct. Send your rescission letter by certified USPS mail and save the counter-issued / date stamped receipt provided to you.
Make sure that any and all parties who signed the original purchase contract also sign the recission letter. Postmark date is what matters, not date of later delivery.

A developer is required by law to provide rescission instructions, in writing; it's not a choice or an option for them. Accordingly, I encourage you to search more closely for the "hidden pocket" to which Jim made clear reference in the post you quoted above. The Westgate Weasels almost certainly provided rescission instructions somewhere, but have just as certainly made them difficult to find. They have in the past reportedly "buried" rescission instructions within the contents of a provided CD ROM instead. Your signed, certified mail rescission letter will be entirely sufficient, regardless of your ever successfully finding the hidden rescission instructions. Mail it out today.

P.S. The Westgate Weasels can (and will) charge you $50 if you fail to return the owner binder / briefcase materials provided to you at time of purchase.

 

[LannyPC]

Here's one of TUG's many helpful articles:

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

 

[Kfinn]

Thanks so much! Should I put it in attn to anyone specific or any department? Im so glad I saw these posts. No one from teh resort has returned my calls.

 

[Kfinn]

Thanks so much... are there any specific person or dept I should put in in attn to? So glad I came across this. You all are very helpful.

 

[Passepartout]

If you write: Attn Rescission on the lower left of the envelope it will get to that department. Otoh, if you write nothing there, it will get to the head offices and someone will sign for it- which they may not if you name the department.

MOST IMPORTANT, it doesn't matter that they get or sign for the rescission letter. What matters is that you send it, and retain proof that you did, and within the legally required time. That's all.

Jim

 

[theo]

Thanks so much! Should I put it in attn to anyone specific or any department? Im so glad I saw these posts. No one from teh resort has returned my calls.

No need to use any more than the previously provided address; rest assured that they will get your correspondence into the right hands.

It's no surprise that no one from Wastegate has returned your calls; they know the clock is ticking and they want the rescission period to just expire on you, thereby making your purchase irreversible. It's actually a good thing that you haven't had any phone conversations with them.

Ironically however, once they receive your rescission letter, you'll likely get besieged with phone calls, in their desperate efforts to get you to change your mind.
Do not even answer those phone calls --- no possible good can come of them.

Congratulations on rescinding --- you really and truly don't want anything to do with those people, at least IMnsHO.

 

[Kfinn]

Thanks so much! You're a lifesaver!

 

[Harmony11]

Please help me cancel my contract with westgate timeshare

I have until this Tuesday to cancel my membership. I see that ppl have listed a couple of different addresses to send a letter to cancel but im afraid that ppl may be dishonest and gave false information because they work with westgate. How can i even trust the address given to me on this site, im so paranoid. Please please help me find the correct address. Thank you everyone in advance!

 

[Ty1on]

I have until this Tuesday to cancel my membership. I see that ppl have listed a couple of different addresses to send a letter to cancel but im afraid that ppl may be dishonest and gave false information because they work with westgate. How can i even trust the address given to me on this site, im so paranoid. Please please help me find the correct address. Thank you everyone in advance!

There should be rescission instructions in your contract.

By the way, if their were Wastegate shills giving misinformation here, they would get smacked down pretty hard by those whew knew better.

 

[LannyPC]

The rescission instructions should be in a hidden compartment. You have to look very carefully. Once you do find the instructions, follow them to the letter including the method of delivery. The address is likely in Ocoee, FL.

Once you do that, just sit back and wait. It might take up to 45 days to get your refund but legally they have to refund you. Do not call anyone at the resort or corporate office nor take any phone calls from unfamiliar numbers as it will likely be someone trying to convince you to not rescind.

 

[Passepartout]

I have until this Tuesday to cancel my membership. I see that ppl have listed a couple of different addresses to send a letter to cancel but im afraid that ppl may be dishonest and gave false information because they work with westgate. How can i even trust the address given to me on this site, im so paranoid. Please please help me find the correct address. Thank you everyone in advance!

Look upthread to post 11. I posted a sample rescission letter with the correct address and it was quoted there.

Your contract- with the rescission instructions is in a hidden pocket, Velcro'd closed inside the back cover of a binder you were given. Unless they've become cleverer and put in a file in their shiny new tablet.

Send back all their junk,or they will withhold some of your down payment, ant it isn't worth that.

There is no requirement that they give you a progress report about your rescission, but it's your right and even those spacewalks won't mess with that. You'll know they got your letter when someone calls to try to change your mind. Don't answer. No possible good can come of it.

We're glad you found us in time, so now write your letter and head to the post office. You're welcome in advance.

Jim

 

[mags76]

Travel club, similar to timeshare cancellation?

My wife and I made the mistake of signing up for the westgate travel club (not a timeshare) in orlando on August 18th, we should've been suspicious that their claims were too good to be true. Now we're just looking for confirmation on how to cancel. It says that the contract must be cancelled within 3 days, is that true or does the 10 day thing mentioned above apply to this also? Should we use

Westgate LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761

or is that just for timeshares? On the contract it says

blah blah contract between us and "central florida investments inc, a Florida corporation, D/B/A westgate travel ("sponsor") whose address is 5601 windhover drive, orlando, florida 32819"

Is that just their corporate office or where we need to actually send the cancellation request?

Sorry about any typos/gramatical mistakes, it's 5AM and I just went online to check out how "awesome" our new "investment" was and it turned into a bit of a nightmare.

Thanks in advance,
Matthew

 

[theo]

The Ocoee address you've cited above for Westgate is the one historically used successfully by others for rescission correspondence.

Applicable Florida law clearly provides 10 days for rescission (cancellation) of timeshare purchases, whether developer-direct or via non-developer private or brokered resales in Florida, but I do not know if those same time provisions would apply to whatever (no ownership) "travel club membership" you may have signed up for.

If your paperwork says 3 days, you are still clearly within that time frame, so don't delay --- just meet the 3 days. Get your rescission sent off by certifed mail today.
Save the date-stamped receipt which the USPS counter will provide to you, just in case documented proof of your deadline compliance should ever become necessary.

 

[Passepartout]

Matthew, cover the bases. Send a rescission letter to BOTH addresses. You are in time today, but DON'T DELAY. It can cost you Thou$and$.

I am not sure these are the same infamous Westgate we are used to dealing with (the Ocoee bunch), or some interloper. We don't trust them. You shouldn't either.

Jim