[2008] Successful cancellation of Westgate purchase

[Passepartout]

Hi, I'm canceling a timeshare I just purchased. If I purchase a resale in the Westgate property, can I still use RCI and II? Westgate is telling my I cannot use their amenities, RCI, II, or their referral program.

Westgate strips ALL the useful perks from resale contracts, making them useless and worthless. Rescind in writing, and be done with them forever!

Jim

 

[Imasucker]

Hi guys

Firstly let me start by saying thank you to all of you for this forum.Wish id seen it sooner......

Now my story (i chose to add it here rather than start a new topic ) I am currently in a westgate lakes hotel florida and bought a timeshare yesterday (20/8/16)after 5 hrs (was only meant to be 90 minutes) and saying no countless times they cane with a offer that seemed to good to be true (and strong pressure hardsale)anyway we re still here at the hotel on holiday i had a bad taste in my mouth after signing and did my homework found you guys.my girlfriend and i are from the uk and have just finished writing out letter to recind (using the template you have provided quick questions do we send them the letter we hand wrote and keep the copy of it or do we send them the copy ? )

Im heading to the post office tomorrow (in florida)to send them the letter via certified post

Ill also send them all cards pamphlets binder and tablet in a seperate posting tomorrow also certified

Question here is does the fact i live in the uk going to cause any issue s in me getting this green card proof thay comes with certified mail ?

Im still in florida for a couple more days and staying at the hotel but im out most of the time so not worried about them harrassing me if they do ill be very firm in saying no no no and recording conversations

The copy of the contract we re sending will be contract for purchase and sale is this correct ?

Just double checking guys as i want out of this asap

Thanks in advance

 

[Imasucker]

Also is it parcel identification number the contract number or have i put the wrong thing down ? If its wrong where will i fond the contract number?

 

[theo]

...have just finished writing out letter to recind (using the template you have provided quick questions do we send them the letter we hand wrote and keep the copy of it or do we send them the copy ?

Your letter of rescission must bear the original signatures of any and all persons who signed the contract. Keep photocopies of everything for yourself.

Ill also send them all cards pamphlets binder and tablet in a seperate posting tomorrow also certified

Send the letter of rescission by certified mail. Send the tablet back insured. Send all the other associated worthless junk back by the least expensive means.

Question here is does the fact i live in the uk going to cause any issue s in me getting this green card proof thay comes with certified mail ?

The date stamped certified mail receipt which will be issued to you at the USPS counter is what matters most as proof, if rescission date was contested (unlikely).

The copy of the contract we re sending will be contract for purchase and sale is this correct ?

Yes, but send back photocopies (keep the originals) of anything else bearing your signature(s) as well.

The parcel identification number (P.I.D.) is a legal identification of the underlying property / interval. Refer to the contract number in your rescission letter. P.I.D. may well be referenced within the contract, but you're cancelling the contract itself. If you can't find a "contract number", then simply identify the date, time, place of purchase, and resort unit / week purchased in your rescission letter, in order to very clearly and specifically identify the purchase that you are rescinding.

 

[Imasucker]

Thank you theo for clearing that all up for me really glad i found this site

Apolgies for reposting this here but since my thread was closed i obviously wont get a answer there....


That s the letter mailed my gf messed up tho and posted it express priority mail signiture required.i do have a date stamped copy of the recipt tho so am i in the clear ? Can start enjoying my holiday now ? Lol thanks guys

 

[theo]

Thank you theo for clearing that all up for me really glad i found this site

Apolgies for reposting this here but since my thread was closed i obviously wont get a answer there....


That s the letter mailed my gf messed up tho and posted it express priority mail signiture required.i do have a date stamped copy of the recipt tho so am i in the clear ? Can start enjoying my holiday now ? Lol thanks guys

I don't want to unnecessarily split hairs or rain on your parade here, but if the rescission instructions clearly and plainly specified the use of USPS certified mail, then that is precisely and only what you should use to rescind, even if it means repeating the mailing process all over again. If the rescission instructions do not clearly specify and require use of USPS certified mail, then what you have done using express / priority mail instead should suffice.

This may seem like "nitpicking" --- and indeed, it is --- but Westgate is simply not an entity to be trusted. You do not want to give them any reason or basis on which to fail or decline to process your cancellation merely because you did not follow the provided written cancellation instructions precisely and correctly.

You likely realize by now that you were invited to that sales "presentation" very early on in your vacation for a carefully planned reason. The Florida rescission period is 10 days under state law. Westgate wanted to sell you early on in your 7 day stay, in hopes that 7 days would pass while you were still in "vacation mindset" --- before you adopted a more objective view, reconsidered --- and discovered the rescission rights provided to you under FL state law and then decide to cancel. Fortunately and to your credit, you smartened up sooner rather than later. Once that 10 day FL rescission period is over, you'd irreversibly be a new Westgate owner --- like it or not.

 

[Imasucker]

Thanks again Theo ill redo another letter and post it certified just to be safe . i have included mailing instructions on the cotract in the picture below just to double check with you guys im doing this all right


https://imgur.com/knP4jAd

 

[DeniseM]

The instructions say "delivered by any means," so you are fine. The primary reason for sending it certified is tracking.

 

[theo]

The instructions say "delivered by any means," so you are fine. The primary reason for sending it certified is tracking.

Hi Denise:

While I don't dispute and am not challenging this highlighted statement, where exactly have you found those quoted words to appear?

I also wonder if Westgate's cancellation instructions are uniformly consistent throughout the U.S..
In some instances, Westgate's rescission related content is reportedly buried within a CD (and, in at least one reported instance, in an unreadable section of that CD) and in other instances the Westgate rescission material is apparently printed hard copy, but with the papers concealed within the infamous "velcroed hidden pocket".

What a bunch...

 

[DeniseM]

Hi Theo - the OP posted a snip from his contract above:

https://imgur.com/knP4jAd

 

[Imasucker]

Thanks again theo and thank you denise.

I was given paper copies if everything i signed and a cd all in a brown envelope hidden really well within the binder s secret compartment which i admittedly would never have found if it was nt for this forum.tracking shows it was delivered and signed for today.

i may still send another letter certified just to be extra safe my time to recind runs out next monday so ill probably do this for Friday this week.

I cant believe i actually signed this,they just refused to take no for a answer and after 5 hrs of their bs i have no idea whay was going through my mind i normally research before i buy a point i made clear to them.they just would not let me leave it was a surreal experience to say the least.

You guys have been great I really do appreciate all the help you ve given and the time you ve taken to reply.

 

[DeniseM]

Honestly, if you already have proof of delivery, there is no need to send it again.

Now comes the hard part: don't do anything - just wait patiently.

You are very likely to get calls trying to talk you out of rescinding:

-Do not pick up the phone when they call.
-Do not call them.
-Do not respond to emails.

Remember - there is no point in talking to them because you can only rescind in writing - and you have already done that.

Phone calls have no legal standing, and talking to then will only muddy the water. We sometimes hear of people who actually get talked out of rescinding! Don't put yourself in that position.

It make take 45 days to get the refund - hang tight.

 

[taffy19]

Most of all, enjoy your vacation now!

You have legally rescinded your contract and you will get your deposit back or that company would be in trouble in the United States.

You are lucky that this didn't happen in Mexico because some of these companies do get away with it and it would be much harder to get it straightened out.

 

[Imasucker]

Thanks Denice and Emmy

I ve managed to forget about it however my gf s still pretty freaked out about it.

She read on one of the thread s someone opened a ticket and got confirmation the account has been cancelled so she tried emailing the support and owner relations department s both replied saying sge should call a number (no chance in hell we re doing that) so i emailed both departments daying we wanted email confirmation purely for our records so a call is pointless and asked if their unwilling or unable to provide such a email.no reply lol

Anyway as i said im happy with the fact i have photocopy s and pictures on my mobile of what i sent in.i ve screenshotted that it was delivered and signed for as well as retained the postal slip that was date stamped.

However as i said she s stull a bit freaked by it so can you guys just confirm the below images are ok

Image 1 will be the letter both signed by us (the account/contract number we got off the black cards you get as well as the contract)

Image 2 is the copy of the contract of sale that had both our signiture s and both reps from westgate etc.we sent that in with the letter so that they could identify us

(Basically im hopong we have done it right so i can show her your answers and put her mind at ease )if by chance we ve done it wrong i have till this monday to get another letter off lol
https://imgur.com/a/j0UUm

 

[theo]

...<snip> i emailed both departments daying we wanted email confirmation purely for our records so a call is pointless and asked if their unwilling or unable to provide such a email.no reply <snip>

You've completed your rescission submission; some patience is now required on your part.

Bear in mind that, despite any request that you might make, Westgate has no legal obligation whatsoever to provide you with any form of confirmation or update.
Their one and only obligation is to process your timely submitted rescission and issue 100% refund of any deposit paid within 45 days (maximum) of your rescission.
No more, no less.

 

[Imasucker]

Thanks theo. I take it the pics are all good then yeah no worries?

Im really not worried bout it anymore it has completely left my mind lol girlfriend s freaking out. Im more than happy to to wait for the refund and avoid them like the plague.

 

[theo]

Why did you use that particular address?

Thanks theo. I take it the pics are all good then yeah no worries?

Im really not worried bout it anymore it has completely left my mind lol girlfriend s freaking out. Im more than happy to to wait for the refund and avoid them like the plague.

Looked at your redacted letter. Did your rescission instructions specifically instruct you to use that particular address for rescission correspondence? I doubt it.

I ask this question because the address you used seems to be that of the resort itself, the location where you presumably signed the contract.
Other successful Westgate rescissions have instead utilized (more appropriately, I suspect) Westgate's corporate office address for their rescission correspondence.
That corporate address is as follows:

Westgate Resorts
2801 Winter Garden Road
Ocoee, FL 34761

If in your shoes, I would now also send the rescission correspondence to the Ocoee address above, unless your rescission instructions very clearly instruct you to use the resort address you chose instead (...which I doubt, frankly). Not seeking to make more work for you, but want you to get it done right and (IMnsHO) your rescission correspondence should almost certainly go to the corporate address provided above, not to the resort address. If another mailing turns out to be an unnecessarily redundant effort, so be it. You simply do not want to give these slimy weasels any reason whatsoever to fail or decline to process your contract cancellation.

 

[Imasucker]

No your all good we did send it to the corprate address

The rescission instructions are actually in the second image.

But yeah we did send it to the corparate address that adress for the resort was put there for where we signed the contract .we included a copy of the contract of sale to them at corprate so they could easily ifentify us as well.

 

[West gate scam]

questions

Ah My boyfriend and I feel stupid to approve this timeshare at the time we were on vacation so excited everything sound good and then when I left the office after signing everything I started to look up information about the company and etc and I was reading all your threads this past week.
we signed our papers on Sept 11 (horrible day). Monday we decide to make the cancellation letter and send it out on Tuesday to the location 5601 Wind Hover DR. we purchased a 1 day shipping with a signature when delivered in that package was the briefcase with all the paper work and their table plus the letter stating we want to cancel our contract . It got signed on Thursday September 15, 2016. I sent out another letter the same day September 15 to the Ococee location. In that letter was stating the same thing plus that the briefcase and tablet was sent to the Wind hover Dr.
Now what do I do?? how do we know they have approved to cancel our contract?

 

[Passepartout]

Now what do I do?? how do we know they have approved to cancel our contract?

Do nothing. Don't call. Don't accept calls from them or any unknown numbers. They MUST process the rescission (cancellation). State law, and even sleazy Wastegate won't ignore it. Consider notifying your credit card that there will possibly be a charge to dispute. They have up to 45 days to refund your money, and Wastegate will likely use all of it, and they don't have to give you any kind of progress report.

Welcome to TUG. We are happy you found us in time. Many don't.

Jim

 

[Gabby691]

My husband and I purchased a timeshare from Westgate while on vacation. After reading reviews on other sites and this thread we decided to cancel it. Send letter to address via USPS certified mail. It was received on last Friday. We did have 2 missed calls from out of area numbers but didn't answer. When I login it still shows my first payment is due in October. I paid my down payment in cash so will they just send me a check? Also I still have the tablet and binder that they gave to me so will they request that back?

 

[jwalk03]

My husband and I purchased a timeshare from Westgate while on vacation. After reading reviews on other sites and this thread we decided to cancel it. Send letter to address via USPS certified mail. It was received on last Friday. We did have 2 missed calls from out of area numbers but didn't answer. When I login it still shows my first payment is due in October. I paid my down payment in cash so will they just send me a check? Also I still have the tablet and binder that they gave to me so will they request that back?

They will deduct the price of the tablet and binder from the amount of your refund if you do not return them. The exact amounts for each thing are spelled out in the contract.

 

[jwalk03]

They will deduct the price of the tablet and binder from the amount of your refund if you do not return them. The exact amounts for each thing are spelled out in the contract.

We received a welcome letter after we rescinded ours in April, but it just crossed in the mail I'm sure. Never received any type of communication from them, just got a credit back on our credit card which is how we new they processed the rescission.

 

[Passepartout]

I paid my down payment in cash so will they just send me a check? Also I still have the tablet and binder that they gave to me so will they request that back?

Congrats on finding us and rescinding. I suspect they'll send you a check- they sure won't mail cash! Yes, you should return the promotional materials and the tablet. Send them insured and keep the postal receipt. Absent instructions, I'd send those to the resort, not the business office. Include a copy of the signature page of the contract for ID purposes and a copy of your rescission letter so they know why they are getting them back.

Good luck, and Welcome to TUG.

Jim

 

[Gabby691]

I have the binder and tablet in a flat rate priority mail box. I just want to confirm that this goes to the resort I purchased the timeshare from and not to the same address that I sent the letter to in Florida? Also should I put ATTN to the lady that did all our paperwork and gave us the stuff?