[2008] Successful cancellation of Westgate purchase

[csxjohn]

... And once found, we looked at several forms that neither of us recall seeing, much less signing. So we seriously think they had us sign some forms and then somehow superimposed (maybe with the help of the blue pen they insisted we use?) our signatures on others they didn't want us to see. ...!!

We are doing great here: 2-4 rescissions a week. Hope can get up to one a day.

Thinking out loud, if Westgate victims complained to aggressive Florida AG about putting rescission info on CD or hiding in secret compartment she might act. Clearly this egregious, outrageous, Corporate sanctioned action violates intent and tends to negate and circumvent rescission statutes.

This is a new twist. Maybe we should start advising people to carry a black ink pen with them for signing. Naw, if they read that they would have read our other warnings and never signed to begin with.

It's an interesting question and I agree with Paco that you should contact the AG in Fla and mention the insistence on their pen as well as the hidden, required documents.

 

[Passepartout]

Congratulations, Ohno! I agree that the Florida AG should be cc'd on this. I m sure they would like to know everything from the secret compartment to the blue pen required for signing. Somehow, someone needs to shut these thieves down.

Jim

 

[ohno]

Westgate Timeshare Cancellation

Well, I guess the calls have begun. My cancellation notice arrived around 9am this morning. We have gotten two calls that appear to be from that area plus another questionable one. All have gone unanswered. I have also notified my credit card company that I want to dispute my downpayment charge because I have cancelled the contract.

I will feel much better when I know they have processed my contract cancellation.

Again, thanks for everyone's help with this.

I have a question, did I read correctly in an earlier post that if I join TUG for $15, that I could get access to some reliable places to rent for future vacations?

 

[Passepartout]

I have a question, did I read correctly in an earlier post that if I join TUG for $15, that I could get access to some reliable places to rent for future vacations?

It's even better than that. You are welcome to cruise the TUG Marketplace in the red stripe above, or the Last Minute Rentals forums for free. If you want access to the TUG reviews of thousands of TSs worldwide, it will require that you join TUG for the $15/yr. A bargain in most of our humble estimation.

Sounds like Wastegate got your letter. You'll be free soon.

Jim

 

[csxjohn]

...did I read correctly in an earlier post that if I join TUG for $15, that I could get access to some reliable places to rent for future vacations?

You have access to those ads without paying the $15. As noted above, paid members have access to resort reviews by other members and on the forums you can see the "sightings" posts.

By joining you also get a bunch of free ads in the Market Place, something like 25.

 

[LannyPC]

We have gotten two calls that appear to be from that area plus another questionable one. All have gone unanswered.

Did anyone bother to leave a message such as "We need you to contact us ASAP in order to process your rescission"?

 

[ohno]

No one has left me any voice mails. Should I be concerned that they haven't? Or just be thankful?

 

[ohno]

It looks like the recission worked. I have been refunded all of my downpayment except for $50. Which I assume is for the cost of that darn binder....which I did return with the rescission letter. But I guess if I don't get that back, that is insignficant considering how much more this bad decision could have cost us!

 

[Passepartout]

Congratulations! If it ends up costing you $50, that's a small price to pay- and a darn good reminder to stay away from TS presentations.

Jim

 

[ohno]

Ha Ha! You got that right, Passepartout! We took a tour through Italy earlier this year with 8 friends and loved it. So I think we are going to start planning and saving for our next trip -- to England, Ireland and Scotland in 2016. In the meantime my husband is doing research on travel homes...but I'm not yet convinced that's the way to go. We could stay in some very nice hotels and rental TS for the price of a travel home.

 

[PinoyAko]

Westgate Timeshare Cancellation

I just want to share with the group and anyone looking for information on cancelling their timeshare contract with Westgate within the cancellation period.

My wife and I bought a Westgate Vacation Villa timeshare during our trip to Orlando. We change our mind and decided to cancel the contract after our vacation. Below are additional information for those who wish to cancel their Westgate Timeshare in Orland FL:

Florida Cancellation Period
A buyer has the right to cancel a timeshare contract until midnight of the 10th calendar day following whichever of the following days occurs later: (a) The execution date; or (b) The day on which the purchaser received the last of all documents required to be provided to him or her.

We have signed the timeshare contract and paid a downpayment on August 18, 2014. So in our case, we have until the midnight of August 28, 2014 to cancel the contract. I prepared a cancellation letter and mailed the letter on August 26, 2014, 2 days before the cancellation period is over.

Cancellation Notice
I found a copy of signed Contract to Sell in the binder (Westgate will give you a binder that contains presentation materials, Interval International Book, closing materials, etc. in a binder). It is located in a secret compartment of the binder (lift the Velcro in the side of the binder, it include all copies of closing documents and a CD).

Cancellation notice:
This is the template of cancellation letter that I made:

Date

Westgate Vacation Villas LLC
2801 Old Winter Garden Road
Ocoee, FL 34761

We would like to exercise our right to cancel the attached Contract to Sell dated _____. Please return the deposit that we have paid amounting to $_____ and cancel any future credit card transactions. We will return the presentation and other materials in a separate mailing.

____________
Name

____________
Wife Name

Home Address
Phone #
Email Address:

Copy to:
Attention: Consumer Protection Division
Office of the Attorney General
State of Florida
The Capital PL-01
Tallahassee, FL 32399-1050

My wife and I signed the letters (one copy for Westgate and another copy to FL State Attorney General (AG)). I kept a copy for my file.

How to send the cancellation letter:
I sent both letters via US Postal Service, certified with return receipt. I think I paid around $6 and change. I sent them certified and with return receipt so I have a proof that I sent them within the cancellation period and it was received by a representative at Westgate (mailroom).

What happen after I sent the letter:
I called their Owner Relation Department at (800) 925-9999 and told them I mailed my cancellation notice. They try to connect me to the Closing Officer but she did not pick up the call. They told me that they will let her know that I am cancelling. The Closing Officer is the notary public that made our closing. She is supposedly not an employee of Westgate. She did not mention or indicate that you cancel the contract if you change your mind.

I called my credit card company and disputed the charges for downpayment. I told them I cancelled the contract. The credit card company told me that I am NOT liable to pay the amount in dispute.

On first week of September, I received the return receipt in the mail on both Westgate and FL AG. So I know they received my cancellation notices. Also, I have missed call on mine and my wife's cellphone, which I believed were from Westgate. They did not leave a voicemail, so I did not return those missed calls.

On the second week of September, I received a credit (a refund) on my credit card. The amount of the credit is $50 less than what we have put as a downpayment and closing cost. Also, on the same week, I received a letter from Westgate letting me know that my contract was cancelled and that they have withheld the $50 until they received the binder and materials.

So folks, if you change your mind about your timeshare contract with Westgate in Orlando, I hope my experience will help you successfully cancel your contract.

All the best,

Dante from New Jersey

Useful Links:
Florida Statue, Cancellation Period and Notice of Cancellation
http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0721/Sections/0721.10.html

 

[Fred Westlake vv]

I just want to share with the group and anyone looking for information on cancelling their timeshare contract with Westgate within the cancellation period.

My wife and I bought a Westgate Vacation Villa timeshare during our trip to Orlando. We change our mind and decided to cancel the contract after our vacation. Below are additional information for those who wish to cancel their Westgate Timeshare in Orland FL:

Florida Cancellation Period
A buyer has the right to cancel a timeshare contract until midnight of the 10th calendar day following whichever of the following days occurs later: (a) The execution date; or (b) The day on which the purchaser received the last of all documents required to be provided to him or her.

We have signed the timeshare contract and paid a downpayment on August 18, 2014. So in our case, we have until the midnight of August 28, 2014 to cancel the contract. I prepared a cancellation letter and mailed the letter on August 26, 2014, 2 days before the cancellation period is over.

Cancellation Notice
I found a copy of signed Contract to Sell in the binder (Westgate will give you a binder that contains presentation materials, Interval International Book, closing materials, etc. in a binder). It is located in a secret compartment of the binder (lift the Velcro in the side of the binder, it include all copies of closing documents and a CD).

Cancellation notice:
This is the template of cancellation letter that I made:

Date

Westgate Vacation Villas LLC
2801 Old Winter Garden Road
Ocoee, FL 34761

We would like to exercise our right to cancel the attached Contract to Sell dated _____. Please return the deposit that we have paid amounting to $_____ and cancel any future credit card transactions. We will return the presentation and other materials in a separate mailing.

____________
Name

____________
Wife Name

Home Address
Phone #
Email Address:

Copy to:
Attention: Consumer Protection Division
Office of the Attorney General
State of Florida
The Capital PL-01
Tallahassee, FL 32399-1050

My wife and I signed the letters (one copy for Westgate and another copy to FL State Attorney General (AG)). I kept a copy for my file.

How to send the cancellation letter:
I sent both letters via US Postal Service, certified with return receipt. I think I paid around $6 and change. I sent them certified and with return receipt so I have a proof that I sent them within the cancellation period and it was received by a representative at Westgate (mailroom).

What happen after I sent the letter:
I called their Owner Relation Department at (800) 925-9999 and told them I mailed my cancellation notice. They try to connect me to the Closing Officer but she did not pick up the call. They told me that they will let her know that I am cancelling. The Closing Officer is the notary public that made our closing. She is supposedly not an employee of Westgate. She did not mention or indicate that you cancel the contract if you change your mind.

I called my credit card company and disputed the charges for downpayment. I told them I cancelled the contract. The credit card company told me that I am NOT liable to pay the amount in dispute.

On first week of September, I received the return receipt in the mail on both Westgate and FL AG. So I know they received my cancellation notices. Also, I have missed call on mine and my wife's cellphone, which I believed were from Westgate. They did not leave a voicemail, so I did not return those missed calls.

On the second week of September, I received a credit (a refund) on my credit card. The amount of the credit is $50 less than what we have put as a downpayment and closing cost. Also, on the same week, I received a letter from Westgate letting me know that my contract was cancelled and that they have withheld the $50 until they received the binder and materials.

So folks, if you change your mind about your timeshare contract with Westgate in Orlando, I hope my experience will help you successfully cancel your contract.

All the best,

Dante from New Jersey

Useful Links:
Florida Statue, Cancellation Period and Notice of Cancellation
http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0721/Sections/0721.10.html

Good afternoon to all,
I have a week with Westgate Vacation Villas in Orlando since 2001 We have only used it 3 times and have been able to exchange it only 1 time with Interval, other times they never had space or were fully booked, I have been trying to cancel it, give it up, so I stop paying the yearly maintenance that is over $1000 for this year. I frankly also think this was a rip off and need to know how can I stop paying and surrender it, give it up, cancel it . If any of you have a suggestion I will really appreciate it.

 

[pacodemountainside]

Good afternoon to all,
I have a week with Westgate Vacation Villas in Orlando since 2001 We have only used it 3 times and have been able to exchange it only 1 time with Interval, other times they never had space or were fully booked, I have been trying to cancel it, give it up, so I stop paying the yearly maintenance that is over $1000 for this year. I frankly also think this was a rip off and need to know how can I stop paying and surrender it, give it up, cancel it . If any of you have a suggestion I will really appreciate it.

Check out this thread.

http://tugbbs.com/forums/showthread.php?t=217854

If Westgate has not sent collection goons to Ecuador after a year probably not much to worry about!

 

[Jgd88]

Oh boy

My husband and I just got bullied/rushed into purchasing a westgate timeshare today. So glad I found this site! I had an uneasy feeling about it from the beginning but by the end of the day (and yes I do mean day.....we were there for a total of 7.5 hours) I was excited about the 99 dollar vacations we could take with our unlimited getaways every year! We're pretty young and this is our first timeshare experience and we fell for the glamour of it all...and the cheap vacations abroad. We will be canceling ASAP due to all the warnings on here about westgate. My only question is that they had us open a CC to charge the Downpayment..any experience/advice on how to go about canceling the card? We got the price of the timeshare down quite a bit due to my consistent NO and my "medical field discount" so it isn't a huge amount but I'd prefer them to not even get to the point of charging the money onto it. Sounds like it'd just be another headache. I've been online reading reviews and complaints on forums and the bbb for hours now. Can't even sleep because I'm so stressed about our naive decision.

 

[Passepartout]

Welcome to TUG. We're glad you found us too. Just look upthread a couple of posts. There is a good template for a rescission letter there and pointers to the hidden compartment on the folder where all your paperwork (including rescission instructions is hidden- the weasels!!)

The actual meaning of 'rescission' is to put it back to the way it was- as if the sale never happened. So theoretically, the credit card should also be cancelled and just go away, but I wouldn't trust those thieves. So after you get your refund back safely in your hands, call the institution that issued the card and be sure it's cancelled.

Stay off the phone after you send the letter. They WILL call and attempt to delay you or talk you out of the rescission. They may sweeten the pot, or tell you your reason isn't good enough. They have no, none, zero, zilch, honor. Easiest to just not answer unknown numbers.

Best wishes. Now go get some sleep.

Jim

 

[Jgd88]

Thanks to everyone for posting their own experiences with westgate. We were suppose to go to the new owners breakfast today but ended up sleeping in instead of going. We recieved a phone call already this morning from the man who went through our deed with us saying that since we were newlyweds his boss was able to allow him to offer us 600 dollars in cruise bucks or whatever they call them. Probably just another tactic to get us to show up at their resort to ensure were still going through with the purchase... Sigh... Do timeshares even actually work the way westgate promises that theirs does? We would love to actually be able to take at least two vacations a year that wouldn't break the bank. It's crazy that they say they can offer everything and then it all be a scam to charge hidden fees. They kept saying over and over again that they were licensed real estate agents and legally could not lie to us. What a lie that was! One of the higher ups even came over to us and offered us a brand new cabin at half cost since we were from the same area in Michigan. He went as far as showing me his Michigan phone number and his news ap from where we were from. Just to get me to trust him. It really is sad the lengths they will go just to sell something. And now we're feeling depressed about all the missed low cost vacations we thought we'd be able to take.

 

[LannyPC]

Do timeshares even actually work the way westgate promises that theirs does? We would love to actually be able to take at least two vacations a year that wouldn't break the bank. ...And now we're feeling depressed about all the missed low cost vacations we thought we'd be able to take.

The sales people probably exaggerated the benefits of owning a TS. Just remember this basic fact (and probably the only positive one) about owning a TS. Timeshares are a way of getting villa-style accommodations (full bedrooms, bathrooms, kitchens, etc.) in a resort with resort's facilities for about the price you would pay for a hotel room. They do nothing to help you save on airfare, car rentals, local attractions, etc. Any alleged savings offered are usually available for free elsewhere. You just have to look.

If you want to stay in TS resorts, try renting from current owners for the first year or so. You might even be able to rent an interval for less than what the owner is paying in MFs.

BTW, where was this resort that you purchased (and are wisely about to rescind) and what incentive were you offered to go to the presentation?

 

[pacodemountainside]

Thanks to everyone for posting their own experiences with Westgate. We were suppose to go to the new owners breakfast today but ended up sleeping in instead of going. We received a phone call already this morning from the man who went through our deed with us saying that since we were newlyweds his boss was able to allow him to offer us 600 dollars in cruise bucks or whatever they call them. Probably just another tactic to get us to show up at their resort to ensure were still going through with the purchase... Sigh... Do timeshares even actually work the way Westgate promises that theirs does? We would love to actually be able to take at least two vacations a year that wouldn't break the bank. It's crazy that they say they can offer everything and then it all be a scam to charge hidden fees. They kept saying over and over again that they were licensed real estate agents and legally could not lie to us. What a lie that was! One of the higher ups even came over to us and offered us a brand new cabin at half cost since we were from the same area in Michigan. He went as far as showing me his Michigan phone number and his news ap from where we were from. Just to get me to trust him. It really is sad the lengths they will go just to sell something. And now we're feeling depressed about all the missed low cost vacations we thought we'd be able to take.

With the current TS sales model there is almost no way typical buyer can get reasonable vacations purchasing from Developer. With Westgate and its harsh provisions even resale is a crap shoot.

When a Developer takes a 2BR condo with FMV of say $300K, slices into 52 Intervals and sells for say $1,500,000 there is no real increase in value especially when everyone jumps on bandwagon and floods the market. Of course, Tax Assessor loves!


The 60% or so that goes for marketing is down the tube, 20% for profit, bad debts, etc. leaves original $300K in a tangible asset.

The around 60% selling expense leaves a lot of room for discounts from totally phony list prices, cruise vouchers, bribes, free weeks, breakfasts, you name it. Also, on vacation one tends to let guard down.

Of course, the sales person becomes your BFF and because you are special will take good care of you. If you can't trust me who can you trust? Just look at this gold star the boss gave me.


Generally competition keeps prices reasonable but when one is hog tied, beat up, belittled, etc. for hours by sales goons there is no chance to do home work. Surveys have shown person buying a new car generally spend 15-20 hours shopping around at their leisure.

Can you imagine chaos if new car dealers for most part refused to have anything to do with pre owned vehicles?

 

[AwayWeGo]

That's About The Size Of It.

Timeshares are a way of getting villa-style accommodations (full bedrooms, bathrooms, kitchens, etc.) in a resort with resort's facilities for about the price you would pay for a hotel room.

You are correct, sir.

We like going a step beyond that to get luxury villa-style vacation digs at Motel 6 & Super 8 rates.

Needless to say, that's impossible at full-freight timeshare developer prices.

Even at resale (because of rising timeshare maintenance fees) it only works by playing angles -- e.g., renting out prime weeks at a premium over maintenance fees, snagging Last Call & other heavily discounted rentals, etc.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[Passepartout]

Yes, you can vacation multiple times a year in luxury digs, but NOT BY BUYING RETAIL FROM WASTEGATE!

Rescind. Unplug the phone- nobody you want to talk to will call that number anyway. Get the letter in the mail. Hand written is fine. Then relax. Those weeks/points or whatever the weasels want you to buy can be had for literally PENNIES. They will try to tell you that there are bonuses just for retail owners. It's true. And it means you don't have anything of value to sell anuone else. You'd be stuck with a timeshare you'll HAVE TO PAY SOMEONE TO TAKE FROM YOU. We can show ypu how to be on the receiving end of that where someone will in effect be paying YOU to take their timeshare. We'd NEVER recommend Wastegate- even if someone pays you to take it, but there are some honorable timeshare outfits. Stick around and learn about it after you get shed of this mistake.

Rescind. Now. Today. It's money in your pocket.

Jim

 

[theo]

And now we're feeling depressed about all the missed low cost vacations we thought we'd be able to take.

Don't let yourself feel "depressed" about the good fortune of discovering in time that a). you were deceived by lying sales weasels and b). there is no free lunch.

Instead, be grateful and relieved that you still have the time and opportunity to rescind (cancel) and completely reverse your initial purchase mistake, thereby avoiding a complete waste of your money. Just make very certain that you implement the written rescission instructions precisely and promptly ---merely cancelling the credit card is not at all legally sufficient to rescind the actual purchase contract.

You can still find and enjoy low cost vacations through timesharing --- but certainly not by overpaying big upfront money to hungry, lying Westgate sales weasels.
You'll need to do a lot of homework and exert a fair amount of effort yourself to find something on the resale maket which fits your personal needs and budget, but it can be done. There are thousands of people on this very site who have routinely done exactly that for quite some time now.

Congratulations and good luck.

 

[Jgd88]

Do I need to send back the copy of the contact along with my letter? I am currently in the process of writing it. We are driving home from Tennessee.

The wastegate we bought from is the one inthe Smokey Mountains in Gatlinburg. We had been warned from my sister about time share people down there since they just went this spring and had the same thing happen but not at wastegate. The people are right downtown in gatlinburg recruiting people out of a booth off the street with free tickets or a hundred bucks. My husband heard the words free tickets and veered right into the trap. The people in the booth were very friendly. Were obviously from the country and too trusting of people. We walked past that booth two days later and I got so mad and felt awful because there were three couples, two of them with kids, that were in the booth chatting with the same woman who nabbed us. My husband actually yelled out don't do it its a scam!

 

[Passepartout]

Sending back a copy would be helpful. Include the sentence 'promotional materials to be returned under separate cover'. They have been known to withhold money for that junk.

 

[GandLjones]

My wife and I got wrangled into the Westgate scam while on our honeymoon in Gatlinburg last week. After being excited about becoming "property owners" I did some math and a little research and realized how dumb we were to make that purchase. We signed the contract on the 17th of October, and at the new owners breakfast the next morning I informed a closing officer that I wanted out. She said its not just that simple, but she would get the officer we worked with to call us. We had to leave to get to a wedding back home. However, after doing more research and reviewing our contract I found the rescind option. I wrote my letter and sent it out certified mail today. It read:
To Whom It May Concern:

We______ and_______ are exercising our legal right to rescind or cancel our contract signed on October 17th , 2014 to purchase the Time Share accommodations at WESTGATE SMOKY MOUNTAIN RESORT at 915 Westgate Resorts Road in Gatlinburg Tennessee.

Contract number: XXXXXXXXXX-XXX

We expect a full refund of any charges made, and do not make any charges to my credit card.

Being withing the 10 day grace period given under Tennessee state law our contract should now be null and void

Thanks,
____

This should be sufficient to get me out of this mess right?

 

[theo]

My wife and I got wrangled into the Westgate scam while on our honeymoon in Gatlinburg last week. After being excited about becoming "property owners" I did some math and a little research and realized how dumb we were to make that purchase. We signed the contract on the 17th of October, and at the new owners breakfast the next morning I informed a closing officer that I wanted out. She said its not just that simple, but she would get the officer we worked with to call us. We had to leave to get to a wedding back home. However, after doing more research and reviewing our contract I found the rescind option. I wrote my letter and sent it out certified mail today. It read:
To Whom It May Concern:

We______ and_______ are exercising our legal right to rescind or cancel our contract signed on October 17th , 2014 to purchase the Time Share accommodations at WESTGATE SMOKY MOUNTAIN RESORT at 915 Westgate Resorts Road in Gatlinburg Tennessee.

Contract number: XXXXXXXXXX-XXX

We expect a full refund of any charges made, and do not make any charges to my credit card.

Being withing the 10 day grace period given under Tennessee state law our contract should now be null and void

Thanks,
____

This should be sufficient to get me out of this mess right?

Any and all parties (presumably just husband and wife) who signed the original contract have also both signed the rescission letter you sent, right?

P.S. It is not a "scam"; it is instead a well orchestrated sales pitch, in which voluntarily present people voluntarily decide and choose to agree to pay far too much money for a "product" of far too little real value. In a "scam" there are unwitting victims --- not voluntary, willing buyers. You're "un-volunteering" now, so well done.