[2008] Successful cancellation of Westgate purchase

[Dannyr]

Good. That's what you want to happen. They are required by law to process your rescission and refund your down payment. They are NOT required to inform you. Depending on the billing cycle of your credit card, it can take as much as 45 days to see the credit refunded.

Regarding your caps lock. There's NO REASON TO SHOUT.

Jim

I'm sorry didn't mean no harm with the caps lock. Thanks for the help. Do I need to send in the little briefcase they gave me.

 

[Passepartout]

We've heard of them charging for it. You can either wait for them to bill you, or ship it back and keep the postal receipt. Your call.

 

[kittygrl7]

Hi, my husband and I fell into this trap with Westgate and I am in the process of rescinding but very stressed about it being done in time. I sent a cancellation letter a few days after signing the contract but the letter was scheduled for delivery on a Saturday. Will the post office re-deliver the certified letter on Monday then or is a slip left telling them they have a letter to pick up at the post office?

 

[Passepartout]

Hi, my husband and I fell into this trap with Westgate and I am in the process of rescinding but very stressed about it being done in time. I sent a cancellation letter a few days after signing the contract but the letter was scheduled for delivery on a Saturday. Will the post office re-deliver the certified letter on Monday then or is a slip left telling them they have a letter to pick up at the post office?

Did you keep the receipt showing that you mailed it within the required time frame? Did you mail it to the correct address in Ocoee FL? I suspect that there was no one to sign for it on Saturday, so it will be delivered today. The only requirement that matters is that you mailed it on time- when they receive it doesn't matter. They MUST process a rescission that is presented within the rescission period. That's the LAW, and sleazy as Wastegate (as they are known here) is, even they won't mess with the law.

Though your info is a little incomplete, I will guess that you'll be fine and the rescission will go through. They've been known to call and try to change buyers' minds, so don't answer the phone from unknown callers, and they don't have to notify you of the progress, so you can sweat that, and it might take up to 45 days to see a refund. I know it's stressful, but that's how they roll.

 

[theo]

The only requirement that matters is that you mailed it on time- when they receive it doesn't matter. They MUST process a rescission that is presented within the rescission period. That's the LAW, and sleazy as Wastegate (as they are known here) is, even they won't mess with the law.

Though your info is a little incomplete, I will guess that you'll be fine and the rescission will go through. They've been known to call and try to change buyers' minds, so don't answer the phone from unknown callers, and they don't have to notify you of the progress, so you can sweat that, and it might take up to 45 days to see a refund. I know it's stressful, but that's how they roll.

All good input, but I would just substitute postmark date for "mailed on time". When date stamped, postmarked certified mail correspondence leaves the post office, or gets delivered, or signed for later are all completely irrelevant. The postmark date on the rescission correspondence is all that matters.

I wonder if people may sometimes just prepare a rescission letter and, in their stress, haste and anxiety, just affix stamps and toss it into the nearest mailbox, where it could sit for a few days and maybe not actually get postmarked for a day (or more) later than that "resting period".
It would really be a crying shame to miss a rescission deadline in such a scenario.

 

[theo]

inadvertent dupliicate of same post deleted

 

[kittygrl7]

Hi, sorry for the incomplete post...yes, we mailed a letter asking for the cancellation of the contract and enclosed of copy of the contract. We also asked for our money to be credited back and all accounts created to be cancelled and stated that all items given to us would be returned in a separate mailing. We mailed it certified with return receipt but as of yesterday it still hadn't been picked up/signed for so I wondered if they could ignore it. But it has been received now, so I think we're fine; it's just stressful when all you can do is wait. Thanks for your response

 

[LannyPC]

We mailed it certified with return receipt but as of yesterday it still hadn't been picked up/signed for so I wondered if they could ignore it. But it has been received now, so I think we're fine; it's just stressful when all you can do is wait.

It does not matter whether they received it or not or whether they signed for it or not. What matters is that you sent it via the proper method according to the instructions provided. They could ignore it but then that would be against the law.

Just relax and breath now. And do not go contacting the resort, sales people or Westgate head office asking if they've received your letter. Chances are that if they hear from you, they will put you through the wringers again trying to get you to reverse your decision to rescind. Remember, they legally have up to 45 days to refund you although reports show that they usually don't take that long.

 

[Paola]

Hi! My husband and I spent thanksgiving in Orlando because I found a web page with a great deal in a comfortable hotel(ramada hotel) and ticket to disney parks but of course It was westgate scam. We had our presentation on 11/24 then we were so stupid we accepted the deal but that night we got.to.a hotel and we.started doing our research and we found.this forum and thanks to.this we were able to cancel on time. Sent letter 11/25 and sent another letter 11/26 with all the materials. The.people at westgate kept telling us.all.the.time that we could not.cancel but thanks to you I found.out we could and they also put it in the contract but they try to make.you feel.like there is no way back.
I also.got my money back !!!!
Thank you very much!!!

 

[Passepartout]

The.people at westgate kept telling us.all.the.time that we could not.cancel but thanks to you I found.out we could and they also put it in the contract but they try to make.you feel.like there is no way back.
I also.got my money back !!!!
Thank you very much!!!

You're welcome. We don't put anything past those weasels. We're happy we saved you a good deal of money. Do you mind telling us what the sales price was that we helped you avoid? We're kind of keeping a running tally.

Welcome to TUG.

 

[LannyPC]

The.people at westgate kept telling us.all.the.time that we could not.cancel

When did they tell you this? During the presentation? Immediately after? Or when you sent in your rescission letter?

 

[kittygrl7]

I wanted to post an update. My husband and I received a credit on our credit card for the amount of our deposit so our contract should be successfully cancelled. However, we did not get the $99 travel partners charge back. Will we not get that back? If we don't, i don't really care as long as we aren't a westgate owner anymore but does that mean that account didn't get canceled? The definition of rescinding is to make everything the way it was before, correct?

 

[theo]

<snip> The definition of rescinding is to make everything the way it was before, correct?

In specific regard to the contract and purchase, yes.

I have no idea what that $99 "travel partners charge" might be, but if it was for discounted lodging or some other one-time "benefit" which is not any part of the actual contract, I personally don't believe they are under any obligation to refund that money.

Be grateful that you have successfully escaped the clutches of Westgate and / or ownership within Westgate. That escape is worth a whole lot more than $99.

 

[Winter17]

Winter17Guest
I really want to know if I am ok cancelling the Westgate Timeshare. Me and my husband signed the Westgate Timeshare in Miami Florida on December 29th and then saw the reviews and decided to cancel it. We wrote a cancellation letter and fedex it on January 6th on over night with all the promotional things and spent $100 on it but it was Saturday evening and the pick up at FedEx was already done so they told us even with the overnight shipment it will reach there on January 9th.
According to calendar days my 10th day will end on Monday January 8th but the fedex was done with return receipt on the 6th jan. Do you guys think I am still ok. Plz any advise will be appreciated.
Thanks

 

[LannyPC]

Did you read the rescission instructions? They likely told you to send it via certified mail and not courier (FedEx). One reason is that, if you send it certified mail (receipt requested), you will have proof that you sent your request in on time.

If I were in your position, I would send another letter via the method stipulated in your rescission instructions.

 

[theo]

Winter17Guest
I really want to know if I am ok cancelling the Westgate Timeshare. Me and my husband signed the Westgate Timeshare in Miami Florida on December 29th and then saw the reviews and decided to cancel it. We wrote a cancellation letter and fedex it on January 6th on over night with all the promotional things and spent $100 on it but it was Saturday evening and the pick up at FedEx was already done so they told us even with the overnight shipment it will reach there on January 9th.
According to calendar days my 10th day will end on Monday January 8th but the fedex was done with return receipt on the 6th jan. Do you guys think I am still ok. Plz any advise will be appreciated.
Thanks

I too hope that your rescission instructions did not clearly specify and require the use of certified U.S. Mail.
I'm not sure why you chose to use FedEx instead, but what's done is done.

It does not matter when your rescission (cancellation) correspondence is received. What matters is postmark date. What you would ultimately need to prove (if necessary) is the mailing date of your cancellation and I don't know what (if any) hard copy documentation FedEx may have provided to you specifically identifying that date.

If you get any phone calls from Westgate, don't answer them. Such calls will actually be a good sign though, indicating that they acknowledge your rescission attempt and the sales weasels now want to attempt to salvage their sale (don't even talk to them --- and do not call them for a "status update" at any time).

I hope you resent the cancellation by certified U.S. Mail yesterday (08 January), as LannyPC very wisely suggested above.

 

[Winter17]

I too hope that your rescission instructions did not clearly specify and require the use of certified U.S. Mail.
I'm not sure why you chose to use FedEx instead, but what's done is done.

It does not matter when your rescission (cancellation) correspondence is received. What matters is postmark date. What you would ultimately need to prove (if necessary) is the mailing date of your cancellation and I don't know what (if any) hard copy documentation FedEx may have provided to you specifically identifying that date.

If you get any phone calls from Westgate, don't answer them. Such calls will actually be a good sign though, indicating that they acknowledge your rescission attempt and the sales weasels now want to attempt to salvage their sale (don't even talk to them --- and do not call them for a "status update" at any time).

I hope you resent the cancellation by certified U.S. Mail yesterday (08 January), as LannyPC very wisely suggested above.

My contract letter says to notify them by mail ( By ANY MEAN ) which may include certified mail. I also did priority overnight fedex with return receipt and I do have a hard copy of the recipet as well as the fedex tracking history. Today 10:00 am they received and signed the package and I did get the fedex notification email to confirm that. Also the name of the person who signed on it. So in receipt it shows that I sent the package on the 6th of Jan.

 

[Miss Sassy]

Hello! I am a newbie, as I just signed up after finding this forum online today. I need your help, please

• I am currently a Myrtle Beach Wastegate resort owner.
• I had just now looked over all my paperwork, (as at the time, holidays, traveling, being hectic with life didn't do so earlier which is now my worry)
• I signed up with them December 23,2017. and after reading over my paperwork, I had 5 days in the rescission time frame, so now I am past that date.
• What can be done to cancel everything? I would be losing my $500 down payment and $100 for their marketing package. Which I've come to terms that I'd be willing to bite that to avoid being in a contract for $27,000.
• Has anyone been in this situation before?
• What did you do, and how was it resolved?
• My credit is currently perfect and I don't want it to be ruined by this timeshare hassle.
• Any and all advice is deeply appreciated.

Please and thanks in advance,

Aly

 

[theo]

Hello! I am a newbie, as I just signed up after finding this forum online today. I need your help, please

• I am currently a Myrtle Beach Wastegate resort owner.
• I had just now looked over all my paperwork, (as at the time, holidays, traveling, being hectic with life didn't do so earlier which is now my worry)
• I signed up with them December 23,2017. and after reading over my paperwork, I had 5 days in the rescission time frame, so now I am past that date.
• What can be done to cancel everything? I would be losing my $500 down payment and $100 for their marketing package. Which I've come to terms that I'd be willing to bite that to avoid being in a contract for $27,000.
• Has anyone been in this situation before?
• What did you do, and how was it resolved?
• My credit is currently perfect and I don't want it to be ruined by this timeshare hassle.
• Any and all advice is deeply appreciated.

Please and thanks in advance,

Aly

Lots of people have found themselves in your unfortunate predicament; you are not the first. I'm sorry for your plight.

Please don't shoot the messenger, but you cannot just unilaterally "cancel" a valid, legally binding contract which you voluntarily executed of your own free will. The rescission period provided by applicable state law has clearly expired.

Your choices are frankly few and limited. You can keep paying and try to use and enjoy what you bought, or you can just stop paying anything further and default on the loan (...yes, there would be negative credit report consequences, but that's not the end of the world and those consequences would last for no more than 7 years). Your deposit will not be refunded in any imaginable scenario.

In my personal opinion, there would be little or no point in paying off the note, since the resale value of the "product" would still be very low (if it even has any resale market value at all). Unfortunately,Westgate (deliberately) devalues their resale ownerships by imposing very restrictive reservation constraints upon them.

You can consider hiring legal counsel to attempt to negotiate a settlement for you, but I am neither recommending that course of action nor suggesting that any such endeavor would be certain to succeed. Wastegate is no stranger to litigation and they certainly do not shy away from it. I merely mention legal representation it as an option.

Do not get involved with any (non-attorney) upfront fee "exit / relief / escape / rescue" outfit. Any and all of them will all gladly take your money, but none of them can or will ever actually accomplish anything useful or beneficial.

I'm sorry that you are between a rock and a hard place, but people in these TUG forums will tell you the unvarnished and accurate truth. Unfortunately, sometimes that truth ain't pretty.

 

[TUGBrian]

in these cases we usually suggest at least TRYING to rescind using the instructions in the sales contract...

while the chances of success are low, they arent zero...and it costs you nothing to try.

 

[Passepartout]

Aly, I'm afraid I have some bad news for you. I'm afraid you are a new Wastegate owner who signed a lawfully drawn contract and allowed it to go into effect without acting in the legally required cooling off period to rescind it. About the only way out now would be to sell it to someone else (nobody will buy it) or declare bankruptcy and have the debt dismissed. (Almost impossible for someone with 'good credit')

The good news is that you are in good company. Whatever reasons you used to justify buying the timeshare are still valid. In a recent poll of TUGgers, just about exactly half of us bought our first timeshare from the developer, just like you did. And felt screwed when we found out it was worth pennies on the dollars we spent. But we recognized that great family vacations were worth more than wrecked credit. So buckle down, refinance at a low rate if you can, pay it off and move on.

Do NOT fall for one of those 'get out of your timeshare', upfront fee outfits. They are all scams.

We are sorry you didn't find us in time. Sometimes you just have to live with it.

Stick around TUG and learn how to get the most of what you bought, and Welcome to TUG.

Jim

 

[Miss Sassy]

Thank you all for your kind words and suggestions.
I was on the phone with the new owner benefits department, and indeed I am officially a new owner with the wastegate resort.
I am going to get the lowest rate possible for the lowest possible payments, and get rid of them as slowly, since I feel stuck...
I am hoping I can find someone to sign this mess over, but I won't be able to do so until $3,000 of my money is invested deeper into their pockets. But on a side note, I've had a few friends reach out and ask me if I would sell them some of my time so they could help me out, and use what I don't/can't use.
Hoping I can see the light at the end of the tunnel....
It honestly was a rash decision, and I wish I would've went through the packet when I was still in SC. I would've walked everything right back to their office. But guess...you live and you learn.
Thanks again for everyone's inputs.
Any suggestions on how to make the most of this unfortunate decision are welcome.
~Aly

 

[LannyPC]

I've had a few friends reach out and ask me if I would sell them some of my time so they could help me out, and use what I don't/can't use.

By this do you mean rent out your week(s) to friends as opposed to "sell them some of [your] time"? If so, keep in mind that your MFs could very well be greater than what you could rent it out for. Although if it helps defray from some of your expenses, then I would say you have good friends.

 

[Miss Sassy]

By this do you mean rent out your week(s) to friends as opposed to "sell them some of [your] time"? If so, keep in mind that your MFs could very well be greater than what you could rent it out for. Although if it helps defray from some of your expenses, then I would say you have good friends.

I am unsure at the moment as I am not able to rent out any of my time until my down payment is paid up. So currently I am still just paying off the original larger down payment first. But I have had several friends tell me they'd utilize my westgate resort deal that they provided for us to give out to friends and family. I believe its a 3 day 2 night ordeal for $99 (including the 90 min BS they'll have to endure) And I don't know for sure, but if I remember correctly in the closing meeting, that I got some type of credit for that? I've yet to understand what I really got myself into....so please bare with me.

 

[Gemmarie]

Westgate
I got into a time share April of last year in Vegas. I was pressured by the sales person for 5hrs before you knew it I had a time share. After 5 hrs I didnt even realize hat a mess I was getting myself into $3,000 down 19% interest rate a $400 a month payment maintenance fee $23,000 10 yr mortgage a binder of books and paper work later I than reaized that I had no idea what I just signed off too. I never looked at the cancellation papers because I was still on vacation in Las Vegas. When I arrived home I finally read the paper work and called them and they confirmed the I had passed the cancellation period and they couldn't help me and to go on my own to try to sell it. I stopped making payments I couldn't afford for 6 months until I figured sonething out. I was so concerned about this ruining my credit I finally called back a few days ago to Westgate and a rep in the "delinquent accounts" confirms that he is my direct rep handling the account and could assist me. The only option I had was to get into a new time share with them which would cost less a month at a lower interest rate and in a more popular location like Florida to make it easier later to rent or sell. He cinfirned that closing cost and previous payments would be covered by the $3,000 I put down in the past I also had to put $2,000 down again and take a timeshare which now owes $18,000. I thought this was my only option and so I agreed. I now have to wait for the paper work to arrive fedex in the mail and than return the signed documents. He confirmed that I have 7 days to cancel. Does any one know if I cancel this new contract which was taking the place of my old contract and will it be considered as a full cancellation and it would also cut out the first contract?????