Try to Cancel My WestGate Need Help!!!!

[NoShare]

I am withing the 10 day recession period I have my letter typed up and ready to go it looks like this.

I ___ want to exercise my legal right of recession on the contract # Dated ___. The Timeshare I am wanting to cancel is a 3-bedroom floating lockout the deed should show the Orlando Resort building __, villa __, and on week __ At my time of purchase, I put down ___ which I would like refunded as soon as possible. All promotional material will be returned under separate packaging.



Sincerely,



Name at the bottom and signed.

I the deposit has yet to go through should I call my bank and tell them to cancel and get me a new card. I was going for discounted tickets and they didn't take no for an answer and I feel like I may have gotten bullied into the sell. I didn't really want one but my mom said it was a good deal, she has had timeshare before but I just don't feel like I would use it or want to pay for it. I am just trying to right my wrong and go on with my life and learn my lesson.

 

[chapjim]

In the first sentence, delete "want to." Second sentence should read, "The timeshare I am cancelling is . . . ."

You are exercising your right of rescission. It is not something you "want to do." It is something you are doing.

 

[theo]

In the first sentence, delete "want to." Second sentence should read, "The timeshare I am cancelling is . . . ."

You are exercising your right of rescission. It is not something you "want to do." It is something you are doing.

Well said. The word "want" should not be used anywhere in this correspondence.
It's not a mere expression of interest; it is the issuance of a directive.

OP: Make sure that you send the letter by certified USPS mail, obtaining the postmark within the 10 calendar days provided by Florida law. Do not send the letter by regular mail, UPS, or FedEx. Save your USPS counter-issued, date stamped receipt as proof of postmark date.

They are required by law to issue 100% refund of your deposit, but may not do so "as soon as possible" just because you ask them to do so. Technically, they have 45 days to issue the refund (but it won't likely take that long).

 

[TUGBrian]

no need to overthink it...just get it off within the alotted time to the correct address!

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


congrats on rescinding!

 

[Mattavious]

I feel for you. We had the EXACT same experience at Westgate and spent about 4 hours trying to say no and get our tickets. I finally broke down and purchased but figured I could just cancel within ten days. There is small print though and any deposit made may be forfeit to Westgate to "cover their cost". Deposits are non-refundable. They don't want their promotional material back(including that cheap tablet they give you). If you do not want to be out that deposit, I would cancel that card. They are obligated to cancel out your contract if submitted in time.

 

[jwalk03]

I feel for you. We had the EXACT same experience at Westgate and spent about 4 hours trying to say no and get our tickets. I finally broke down and purchased but figured I could just cancel within ten days. There is small print though and any deposit made may be forfeit to Westgate to "cover their cost". Deposits are non-refundable. They don't want their promotional material back(including that cheap tablet they give you). If you do not want to be out that deposit, I would cancel that card. They are obligated to cancel out your contract if submitted in time.

They are also obligated to return your deposit, regardless of what language they put in the contract. The right of recession requires that both parties are returned to whole from before the contract was executed including returning money already paid.

 

[NoShare]

So I sent my letter out today and at the pose office The Old Winter Garden address did not show up, when doing more research I found a different address, as well as an address on my membership card I am planning on sending the letter to the new found address as well just to help cover myself. Did their address change or is this just another office.

 

[theo]

So I sent my letter out today and at the pose office The Old Winter Garden address did not show up, when doing more research I found a different address, as well as an address on my membership card I am planning on sending the letter to the new found address as well just to help cover myself. Did their address change or is this just another office.

To the best of my knowledge and belief, the correct address is Westgate Resorts, 2801 Old Winter Garden Road, Ocoee FL 34761. Dozens of people have successfully used that exact address to successfully rescind Florida Westgate timeshare purchases in recent years, so I am entirely unclear on what the supposed issue might be.

Also, in your paperwork (maybe hidden in the infamous secret velcroed pocket in the binder) is written cancellation instructions, required by law to be provided to you at the time of contract execution. However, slimy Westgate sometimes tries to bury this information within the contents of a CD-ROM or a flash drive instead. Were you given either one?

 

[theo]

There is small print though and any deposit made may be forfeit to Westgate to "cover their cost". Deposits are non-refundable. They don't want their promotional material back(including that cheap tablet they give you). If you do not want to be out that deposit, I would cancel that card. They are obligated to cancel out your contract if submitted in time.

Nonsense. Any such "small print" is superseded and invalidated by applicable state law. The only money Westgate can (and would) keep from a deposit is $150 *if* a rescinding buyer fails to return the owner materials issued at the time of contract execution. Otherwise, 100% refund must be provided within 45 days in any timely and properly submitted rescission.
It's certainly not a voluntary choice or an act of benevolence by Westgate --- it's the law!

 

[NoShare]

I have a CD but no computer to see what is on it until Monday which is still within my 10 day period in which I was going to send it to the other address as well just to make sure. My letters, tablet, and stuff should be getting to the offices I sent today Friday and Saturday. I sent it certified with a return receipt so I will know if and when they get them. Depending on what the CD says I may send another letter to that address as well. My paperwork had nowhere on it who to send it to so I contacted an attorney that was recommended on one of the forms here and she gave the Ocoee address that Theo gave me. So I am hoping that I am doing everything correctly and can get out of this I feel so dumb for doing it, but between my mom telling me that she loved hers through another co. so much and the seller I caved when I shouldn't have. I also did not do the full deposit as well I only did a partial deposit because my mother said she would pay the rest as a wedding gift so they said I could pay the rest later.

 

[jwalk03]

The CD is very likely where the recession instructions are located. That is where I found mine a couple years ago when I purchased and then rescinded a Westgate contract. Get to a computer, access the instructions and follow them exactly. You have thousands and thousands of dollars on the line, and you only have one chance to rescind in time, before becoming a very unhappy (and poorer) Westgate owner.

 

[jwalk03]

Nonsense. Any such "small print" is superseded and invalidated by applicable state law. The only money Westgate can (and would) keep from a deposit is $150 *if* a rescinding buyer fails to return the owner materials issued at the time of contract execution. Otherwise, 100% refund must be provided within 45 days in any timely and properly submitted rescission.
It's certainly not a voluntary choice or an act of benevolence by Westgate --- it's the law!

There are other items spelled out in the Westgate contract as "contract benefits" that they will deduct from your deposit if you cancel. The Tablet and binder are listed there will specific prices, but they also say you will be charged for any additional nights you may have received during your stay as an inducement to buy, and a charge for attending the "free" new owners breakfast as well. Though when I rescinded my contract I was not charged for the 2 extra nights stay we received, or for the 2 free new owners breakfasts, but the contract does say they can charge you for those things just like charging you for the binder and tablet.

 

[NoShare]

The CD is very likely where the recession instructions are located. That is where I found mine a couple years ago when I purchased and then rescinded a Westgate contract. Get to a computer, access the instructions and follow them exactly. You have thousands and thousands of dollars on the line, and you only have one chance to rescind in time, before becoming a very unhappy (and poorer) Westgate owner.

Did yours go smoothly I am so nervous about mine I cant hardly sleep or anything. How long did it take them to let you know anything about when the process was started? My letters I just sent out should be arriving there today or Saturday.

 

[Passepartout]

Did yours go smoothly I am so nervous about mine I cant hardly sleep or anything. How long did it take them to let you know anything about when the process was started? My letters I just sent out should be arriving there today or Saturday.

No need to be apprehensive. They have NO CHOICE but to process your rescission. However, they are under no obligation to inform you of progress on it. I know it's stressful, but it is what it is. You will know for sure if you start getting phone calls from them (or mysterious numbers) before the rescission period is over. Wastegate is notorious for trying to save a sale by offering more perks, bonuses, asking 'why are you rescinding?', then saying your reason isn't good enough, so just don't answer those numbers. No good can come from talking to them.

We are glad you found us in time to avoid those weasels. Just let the process proceed.

Jim

 

[Mattavious]

Nonsense. Any such "small print" is superseded and invalidated by applicable state law

Mine was in Nevada so I'd be interested in knowing if that is not protected like it is in Florida.

 

[TheTimeTraveler]

I am not sure if there is a 10 day right to cancel in Nevada. I am sure there is the right to cancel but just not sure on the allowable length of time.



.

 

[Passepartout]

I am not sure if there is a 10 day right to cancel in Nevada. I am sure there is the right to cancel but just not sure on the allowable length of time.



.

Nevada has just a 3 day rescission period, and no right of rescission on resales, foreclosures, etc. which is why so many resellers have set up shop there.

 

[Iggyearl]

The Nevada rescission period is 5 calendar days. Additionally, the timeshare company must return any deposits within 15 days of receiving said cancellation request.

 

[Passepartout]

3 days, 5 days, either way its one of the shorter time frames. It only matters if you're on day 4 and it's Sunday.

 

[jwalk03]

Did yours go smoothly I am so nervous about mine I cant hardly sleep or anything. How long did it take them to let you know anything about when the process was started? My letters I just sent out should be arriving there today or Saturday.

Yeah, i never received a single word of communication from Westgate after I rescinded. The only way I knew it was completed was the refund of the deposit on my credit card. Literally received nothing else, no letters or phone calls or anything.

 

[NoShare]

Yeah, i never received a single word of communication from Westgate after I rescinded. The only way I knew it was completed was the refund of the deposit on my credit card. Literally received nothing else, no letters or phone calls or anything.

I am not having issues with my cd not being able to read or pull up any files on any of my home computers. What else did you have to send with the recession letter to get it approved and working? If you remember which address did you send it to this now has me worried more than before because I can not find any specific information to make sure what I sent was correct or if I need to do something else. Also which section did you find the directions in there are some oddly named sections on this cd.

 

[Passepartout]

I am not having issues with my cd not being able to read or pull up any files on any of my home computers. What else did you have to send with the recession letter to get it approved and working? If you remember which address did you send it to this now has me worried more than before because I can not find any specific information to make sure what I sent was correct or if I need to do something else. Also which section did you find the directions in there are some oddly named sections on this cd.

The address is in post #8. If you send a bare bones letter including the date you signed and your name(s) and signatures, they will have to process it. It would be best to include a COPY of the signature page, but if you can't print it from the CD, you can't.

Problem is now your 5 calendar days are running out, and tomorrow is a holiday (no mail).

we hope you got it right the first time.

Jim

 

[NoShare]

The address is in post #8. If you send a bare bones letter including the date you signed and your name(s) and signatures, they will have to process it. It would be best to include a COPY of the signature page, but if you can't print it from the CD, you can't.

Problem is now your 5 calendar days are running out, and tomorrow is a holiday (no mail).

we hope you got it right the first time.

Jim

Mine was In Florida and I have 10 days I already sent a Letter to them to the address on post #8. I got a little worried I didn't do it correctly because I could not read the cd and the guy at the Florida post office said that for some reason the address wasn't correct, but I double and triple checked everything before I left my rental house while I was still on vacation. I eventually last night after traveling to a friends house (who is a lawyer) found the exact same address to send the letter to on the cd as well as hidden in a weird spot that has very small print, so I have no idea why they could not find it. The package I sent with the tablet and zip-up binder says it has already reached them and my recept letting me know they received it and signed for it. The letter was supposed to reach them on Saturday but it says no one was there to receive the letter so I guess they weren't open, but my post date sent was 2 days after signing the papers.

 

[theo]

The letter was supposed to reach them on Saturday but it says no one was there to receive the letter so I guess they weren't open, but my post date sent was 2 days after signing the papers.

Relax. Postmark date (not date of delivery or receipt) is all that matters. If you sent the rescission to the correct address, just be patient and let the law do it's work for you.

If it hasn't been mentioned already, do not answer any incoming calls from numbers you don't recognize while your rescission is in process. Desperate sales weasels might call you to try to "sweeten the deal" (and salvage their commission), but no possible good can come from any such conversation. There is no need to ever speak to them again.

 

[NoShare]

Good News my cancellation was successful. My money got deposited back into my account last week. The first letter I sent while still in Florida has still yet to reach them for some odd reason, but the one I sent from home go to them within 2 days even though they both had the exact same address on them. They also received my return package of the binder and tablet they gave me and didn't charge me for the breakfast. I am so happy that I know I don't have to worry about this timeshare for however long it would have taken me to sell it or pay it off. From now on out I will always sleep on something before I get pressured into making a big purchase again, and keeping the magnet they sent me on my fridge as a daily reminder to think things like this through and do my research before jumping into something.