[2008] Successful cancellation of Westgate purchase

[LannyPC]

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?

If you rescind this current deal, you will revert to the original package/contract that you had. As unpalatable as the first original contract seems, I would stick with it as the one that you are being offered now is probably predicated on lies and half-truths. What else would you expect from a TS sales person who is trying to sell you something for tens of thousands of dollars.

Sadly, we hear a lot here on TUG these trade-in-your-current-timeshare sales pitches where the sales person promises the buyer that the buyer would be free of the first original timeshare but then later, after the second sale is made, says something like, "Oh, it's okay. You can keep your original timeshare." Then the buyer is now stuck with two (likely unwanted) timeshares.

So to reiterate, rescind this current deal ASAP and then learn how to deal with your original contract.

 

[Gemmarie]

If you rescind this current deal, you will revert to the original package/contract that you had. As unpalatable as the first original contract seems, I would stick with it as the one that you are being offered now is probably predicated on lies and half-truths. What else would you expect from a TS sales person who is trying to sell you something for tens of thousands of dollars.

Sadly, we hear a lot here on TUG these trade-in-your-current-timeshare sales pitches where the sales person promises the buyer that the buyer would be free of the first original timeshare but then later, after the second sale is made, says something like, "Oh, it's okay. You can keep your original timeshare." Then the buyer is now stuck with two (likely unwanted) timeshares.

So to reiterate, rescind this current deal ASAP and then learn how to deal with your original contract.

I appreciate your immediate response.. you couldn't put it into better words. I should have known. I will rescind this current deal. The last one was is in default and now I feel trapped with not many options either catch up on the payments and continue to pay $400 a month and $1000 in maintanace fees or let it effect my credit as a foreclosure. I have learned the hard way educate before you timeshare.
Thanks again for the response

 

[Jessy]

If you rescind this current deal, you will revert to the original package/contract that you had. As unpalatable as the first original contract seems, I would stick with it as the one that you are being offered now is probably predicated on lies and half-truths. What else would you expect from a TS sales person who is trying to sell you something for tens of thousands of dollars.

Sadly, we hear a lot here on TUG these trade-in-your-current-timeshare sales pitches where the sales person promises the buyer that the buyer would be free of the first original timeshare but then later, after the second sale is made, says something like, "Oh, it's okay. You can keep your original timeshare." Then the buyer is now stuck with two (likely unwanted) timeshares.

So to reiterate, rescind this current deal ASAP and then learn how to deal with your original contract.

Hello! My friends and I were pressured last week in Orlando Florida!! After reading SO MANY BAD REVIEWS FROL SEVERAL SITES. I definitely want to cancel contract. How do I write this letter? What does it need to say? Can anyone help me? I’ve never done this before so not sure how to start off or say??

 

[theo]

Hello! My friends and I were pressured last week in Orlando Florida!! After reading SO MANY BAD REVIEWS FROL SEVERAL SITES. I definitely want to cancel contract. How do I write this letter? What does it need to say? Can anyone help me? I’ve never done this before so not sure how to start off or say??

It's very simple. All you need to say is "I hereby exercise my right under applicable state law to cancel this contract".
No reasons are required, nothing further is needed other than to provide a specific identification of the contract (a photocopy will do nicely). The letter must be signed by everyone who signed the original contract and it must be postmarked within 10 calendar days of the purchase date under FL law. Send the letter by certified USPS mail --- not by any other means. Date of receipt doesn't matter, only the postmark date matters. Do it ASAP!

 

[Jessy]

It's very simple. All you need to say is "I hereby exercise my right under applicable state to cancel this contract".
No reasons are required, nothing further is needed other than to provide a specific identification of the contract (a photocopy will do nicely). The letter must be signed by everyone who signed the original contract and it must be postmarked within 10 calendar days of the purchase date under FL law. Send the letter by certified USPS mail --- not by any other means.

Thank you so much!!!! I can’t believe this happened to us. I also contacted a few Airbnb hosts who have their place up for vacation. None have responded to me. Although, they’re pretty booked for the whole summer. Not sure. But I’d rather just get out of it now. I hope it works!! Thank you

 

[theo]

<snip>... I’d rather just get out of it now. I hope it works!

No "hope" is necessary --- and now is the only opportunity you'll ever have to get out of the contract. Don't delay!
You're very lucky --- 10 days actually is the longest rescission period in the entire U.S. In many other states, you would already be too late to cancel.

Rescission (cancellation) right is the law and they have no choice other than to process a timely and properly addressed and submitted rescission --- and issue 100% refund of any deposit paid within 45 days max. Period, amen.

 

[Jessy]

It's very simple. All you need to say is "I hereby exercise my right under applicable state to cancel this contract".
No reasons are required, nothing further is needed other than to provide a specific identification of the contract (a photocopy will do nicely). The letter must be signed by everyone who signed the original contract and it must be postmarked within 10 calendar days of the purchase date under FL law. Send the letter by certified USPS mail --- not by any other means. Date of receipt doesn't matter, only the postmark date matters. Do it ASAP!

No "hope" is necessary. Rescission (cancellation) right is the law and they have no choice other than to process a timely and properly addressed and submitted rescission --- and issue 100% refund of any deposit paid within 45 days max. Period, amen.

Okay so speaking of refund.... they opened a credit card from Westgate (which I didn’t know they were going to do) of $500 to help pay towards the down payment. It hit my credit already. It doesn’t look like they have charged the $500 yet? But I’m not sure how that’s going to go? And also the tablet and briefcase of magazines and contracts they put in... do I have to send that back?

 

[theo]

Okay so speaking of refund.... they opened a credit card from Westgate (which I didn’t know they were going to do) of $500 to help pay towards the down payment. It hit my credit already. It doesn’t look like they have charged the $500 yet? But I’m not sure how that’s going to go? And also the tablet and briefcase of magazines and contracts they put in... do I have to send that back?

If you don't send everything back, they can and will withhold $150 from your refund. You don't have to send it back with the cancellation letter; just state within the cancellation letter that all other materials will be returned under separate cover and then ship that junk back by the cheapest means available.

After the credit is issued to the card, cancel that card completely --- but don't do so until the refund credit appears.

 

[Passepartout]

I love it when a plan comes together- especially when Wastegate is getting the shaft!

 

[LannyPC]

Thank you so much!!!! I can’t believe this happened to us.

No need to beat yourselves up over this. This has happened to many here on TUG. We all know the procedure how these sales work now. Some were not as fortunate as you to find TUG before the rescission period ended. So first of all, follow the advice above about how to rescind and get on it ASAP. And if it hasn't been mentioned already, once you get your rescission letter in the mail, watch out for phone calls coming your way from the sales people. They will try to tell you that you can't rescind or that you will face serious legal and financial consequences if you do. Don''t believe it. Better yet, don't take phone calls from unknown numbers while your rescission request is in progress.

After you send the letter, take some time to research (especially here on TUG) all the ins and outs of timeshares before purchasing (or even acquiring for free) a timeshare. There is much to learn before jumping into the purchasing pool.

 

[mj2vacation]

I appreciate your immediate response.. you couldn't put it into better words. I should have known. I will rescind this current deal. The last one was is in default and now I feel trapped with not many options either catch up on the payments and continue to pay $400 a month and $1000 in maintanace fees or let it effect my credit as a foreclosure. I have learned the hard way educate before you timeshare.
Thanks again for the response

You can’t catch up with the past payments if they already canceled the initial purchase.

Have they hit your credit for the default? If not, they may never. There is no way to tell, but I don’t know anyone who has had Westgate hit their credit.

 

[theo]

You can’t catch up with the past payments if they already canceled the initial purchase.

Have they hit your credit for the default? If not, they may never. There is no way to tell, but I don’t know anyone who has had Westgate hit their credit.

A timeshare foreclosure alone is unlikely to ever result in any credit report consequences.

That said, if by "default" you (and / or the OP you have quoted) are referring to to a unpaid loan balance, there will almost certainly be negative credit report consequences from virtually any developer --- including Wastegate.

I'm just making the circumstances distinction between foreclosure on a (paid off) timeshare which is merely in arrears for unpaid maintenance fees vs. defaulting on a loan obligation.

 

[Jessy]

No need to beat yourselves up over this. This has happened to many here on TUG. We all know the procedure how these sales work now. Some were not as fortunate as you to find TUG before the rescission period ended. So first of all, follow the advice above about how to rescind and get on it ASAP. And if it hasn't been mentioned already, once you get your rescission letter in the mail, watch out for phone calls coming your way from the sales people. They will try to tell you that you can't rescind or that you will face serious legal and financial consequences if you do. Don''t believe it. Better yet, don't take phone calls from unknown numbers while your rescission request is in progress.

After you send the letter, take some time to research (especially here on TUG) all the ins and outs of timeshares before purchasing (or even acquiring for free) a timeshare. There is much to learn before jumping into the purchasing pool.

So I sent the letter. Monday or yesterday it would’ve been the 10th day. Someone did sign for it but it was only first Initial and last name. Not sure what department it went to. I also sent an email to owner relations letting them know the letter was on the way with a signature required. So now it’s a waiting game right?

 

[maddog497]

So I sent the letter. Monday or yesterday it would’ve been the 10th day. Someone did sign for it but it was only first Initial and last name. Not sure what department it went to. I also sent an email to owner relations letting them know the letter was on the way with a signature required. So now it’s a waiting game right?

If you did everything as outlined in the package, you are good. Now you wait. They don't need to inform you it was received and they don't need to tell you when it is completed. Be patient and congratulations.

Sent from my Redmi 5 Plus using Tapatalk

 

[Jessy]

If you did everything as outlined in the package, you are good. Now you wait. They don't need to inform you it was received and they don't need to tell you when it is completed. Be patient and congratulations.

Sent from my Redmi 5 Plus using Tapatalk

Okay I hope I did. As far as the tablet and brief case, not sure where to send that or what to do? I wouldn’t mind keeping the tablet and they can charge me for it lol. Isn’t it like $150?

 

[maddog497]

Okay I hope I did. As far as the tablet and brief case, not sure where to send that or what to do? I wouldn’t mind keeping the tablet and they can charge me for it lol. Isn’t it like $150?

I'm not sure, but others here will know more than I. I think that should be outlined in the disk or in your other materials.

Sent from my Redmi 5 Plus using Tapatalk

 

[jwalk03]

When I rescinded my Westgate purchase in 2016- there was a section in the contract that outlined what the charges would be if I did not return the tablet, binder, what I would be charged for the "free" new owners breakfast, etc. Look for it in your contract. I will say that even though the contract allowed them to charge us for the owners breakfast and the extra free night they gave us- they did neither. I did return the binder and tablet.

 

[theo]

So I sent the letter. Monday or yesterday it would’ve been the 10th day. Someone did sign for it but it was only first Initial and last name. Not sure what department it went to. I also sent an email to owner relations letting them know the letter was on the way with a signature required. So now it’s a waiting game right?

The email you sent has no legal significance whatsoever and was likely just ignored.

If you get any incoming calls from unknown numbers in the days / week or so ahead, do not answer them. It is likely that the sales weasels will reach out in an attempt to "sweeten the deal" and salvage the sale (and their commission). Do not talk to those people --- phone conversation is completely meaningless in a contract matter anyhow and no possible good can result from having any further conversation with those parasites.

It could lawfully take up to 45 days before you see your deposit refund, but it likely won't take that long. Do not call to "follow up". Just be patient and let the law work for you without getting in its' way. The tablet and other junk should all be sent to the same address as your rescission correspondence (Old Winter Garden Rd, Ocoee, FL). The $150 charge you mention would only be for not returning the binder and owner materials. The tablet will be charged at full retail value in addition to that $150 if you fail to return it. Send it all back --- you can surely buy that same tablet for less than they will charge you for failing to return it.

 

[Jessy]

Gotcha okay. When I ship the items back, who should I address it to? Is there a certain department or should I just write the address and that’s it ?

 

[Jessy]

When I rescinded my Westgate purchase in 2016- there was a section in the contract that outlined what the charges would be if I did not return the tablet, binder, what I would be charged for the "free" new owners breakfast, etc. Look for it in your contract. I will say that even though the contract allowed them to charge us for the owners breakfast and the extra free night they gave us- they did neither. I did return the binder and tablet.

Okay thank you. I shall return the items lol

 

[magmue]

Wow. I had major surgery last week, and am recuperating at home - otherwise I might not have made it through this entire 18 page thread that started in 2008. And parts of it kept circling my brain, probably because the many stories shared so many similarities and familiar elements.

Just in case Tug needs a theme song:


The Pitch That Never Ends (sung to the tune of “This Is The Song That Never Ends” by Shari Lewis)


This is the pitch that never ends

It just goes on and on, my friends

Westgate started using it

With tricks and verbal lies

And they’ll continue spewing it

Forever just because


And repeat ad infinitum

 

[Maria101]

Good Day all.
My husband and I had bought a timeshare on April 14 2018 and came home and realized it was a big mistake, now I am busy writing the cancellation letter and I have a few questions as to, if we live right close to the address westagate resort 2081 old winter garden road, ocoee, Florida 34761, is it fine if we personally hand deliver the letter with the rest of the stuff we got ( laptop and briefcase) at the address mentioned above or is it best to use the UPS mail delivery system? we are still within the 10 day period and would like to get this done ASAP!

Can I also add on the cancellation letter that we are hand delivering it and would like a receipt or confirmation upon delivering the letter.?

any additional information on how we can go about this will be so helpful,

Thank you in advance.

 

[LannyPC]

if we live right close to the address westagate resort 2081 old winter garden road, ocoee, Florida 34761, is it fine if we personally hand deliver the letter with the rest of the stuff we got ( laptop and briefcase) at the address mentioned above or is it best to use the UPS mail delivery system?

No! Follow the rescission instructions exactly. If it says to send via certified mail, then do that.

 

[Passepartout]

I would not hand deliver the letter. Their salesweasels are trained to counter any argument you may have, AND sending it Certified W/ return receipt gives you proof of delivery.

We are glad you found us in time get your letter off and relax.

Jim

 

[taterhed]

Good Day all.
My husband and I had bought a timeshare on April 14 2018 and came home and realized it was a big mistake, now I am busy writing the cancellation letter and I have a few questions as to, if we live right close to the address westagate resort 2081 old winter garden road, ocoee, Florida 34761, is it fine if we personally hand deliver the letter with the rest of the stuff we got ( laptop and briefcase) at the address mentioned above or is it best to use the UPS mail delivery system? we are still within the 10 day period and would like to get this done ASAP!

Can I also add on the cancellation letter that we are hand delivering it and would like a receipt or confirmation upon delivering the letter.?

any additional information on how we can go about this will be so helpful,

Thank you in advance.

The cancellation/rescission instructions can be quite hard to find for Wastegate. They should be in the folder, possibly behind a flap, velcro or zipper.
Send the cancellation via certified mail, return receipt requested.

Feel free to drop the items off, take pictures, get signatures, and hand them a copy of the 'already mailed cancellation letter' Make sure you get a piece of paper that acknowledges the return of the items.

Just don't fall for any tricks or better offers.