[2008] Successful cancellation of Westgate purchase

[timeos2]

*** My family and I just stayed at the West Gate Spa and resort in orlando and this exact same thing happen to us... we had our 3 kids and my oldest daughters friend and i kept telling them we needed to leave because we had a big day planned. The "manager" had my debit card and I kept asking for it back and was told he had given it to the closers up stairs and that I would have to wait. I was getting really upset and so the man said they would rush us ahead of everyone waiting. I kept telling the man this was all moving too fast and i needed some space to think it through. I explained i needed to work with the numbers and information they were given my self. He kept presuring me and would not give me space. I wanted to walk to my car and just take a breather and I was told if I left the building and changed my mind it was too late. I was told why would I not do this... He asked me did I want to give my children a good life or not>??? Then told me if we (my husband and I ) wanted to really help our family for the long run then we would make this deal. He told us we were getting a below market rate./ The cost was only 8000.00 before the interest rate./ My kids were really upset wanting to leave and my husband and i felt the only way to get our card back and leave was to sign/ So we did and within a couple hours I knew it wasnt a smart choice. Onces I was away and could think.... I feel so stupid... Now I just need to figure out how to get out of this!!!! Any advice would be great... This was just yesterday 7/27/2012 So I need to move fast/ The closer told me I couldnt change my mind onces the papers were signed.... But I should be able to... There should be some type of period to change my mind... I dont know but I am not against closing my bank account and having BOA reverse the charge on my card/

Did you buy an ownership or a future vacation package? If it was an ownership you have 10 days to rescind - do so immediately!! Wastegate is no organization to buy from even if you like the concept of timeshare. There are much better resorts & deals to be had resale - NEVER buy any resort retail.

If you bought a vacation package there may be different rules. Read what they gave you carefully & look for a way out. In any case act VERY quickly as you are on the hook for money you do not want or need to spend. I hope there is a rescind period but really don't know about that type of package. Good luck.

 

[simpsontruckdriver]

All you need to do is read your contract. Somewhere, it should give an address to send your cancellation (rescind) letter. Do it ASAP! All you need to do is give your identification information (name, address, any account numbers on the contract), and simply say you are cancelling. They MAY call you back to ask why, you can say why and will not buy from them (or they may not). Make sure when it is sent, it is sent Certified, so if they DON'T follow your orders, you have proof it was sent. Any money deducted can be a basis of a lawsuit, since you have proof you cancelled within the Recission Period.

Westgate - or as some here call it "Wastegate" - is the "bottom of the barrel" in terms of ownership. The owner (David Siegel) is a focus of a documentary called "Queen of Versailles", where he used profits from Wast... I mean Westgate, to finance the largest home in the USA. Their policies are super-strict, to the point that it's almost impossible to do anything. Of course, pushy salesmen like the one you just encountered is the norm.

There are plenty of great timeshare companies (Wyndham, DRI, Bluegreen, Disney, etc), where you can buy resale for less than $500! That is far cheaper than $8000...

TS

 

[Patri]

Pretty sure you have time to rescind. Read over the paperwork.
If you can't find any instructions, still write a letter and mail it back return receipt, so you have proof of the date it was mailed.
Just say something simple. "We have to decided to exercise our right of recission, and will not be purchasing this timeshare. Please refund our down payment on XX credit card. The contract number is XXX."
Don't bother responding to any phone calls they may do. They will try to get you to change your mind. Also, don't call them to say you are rescinding. They will string you along until the 10 days (or whatever) are over.
Relax. Get a letter in the mail tomorrow. If you have package materials, the paperwork may also ask you to send that back.

 

[MOXJO7282]

Vacations are very important to me, as I want to visit so many places and enjoy life as much as possible. Thanks again for all the wisdom and information on these message boards.

Renee
St. Charles, MOnewbie

Congrats on avoiding a bad situation that would've haunted you for some time and I commend you on your great attitude on vacationing. I know for a fact our love for vacations has deepen our family bond because of the planning and enjoying our quality time spent at all these wonderful resorts.

 

[dougp26364]

All you need to do is read your contract. Somewhere, it should give an address to send your cancellation (rescind) letter. Do it ASAP! All you need to do is give your identification information (name, address, any account numbers on the contract), and simply say you are cancelling. They MAY call you back to ask why, you can say why and will not buy from them (or they may not). Make sure when it is sent, it is sent Certified, so if they DON'T follow your orders, you have proof it was sent. Any money deducted can be a basis of a lawsuit, since you have proof you cancelled within the Recission Period.

Westgate - or as some here call it "Wastegate" - is the "bottom of the barrel" in terms of ownership. The owner (David Siegel) is a focus of a documentary called "Queen of Versailles", where he used profits from Wast... I mean Westgate, to finance the largest home in the USA. Their policies are super-strict, to the point that it's almost impossible to do anything. Of course, pushy salesmen like the one you just encountered is the norm.

There are plenty of great timeshare companies (Wyndham, DRI, Bluegreen, Disney, etc), where you can buy resale for less than $500! That is far cheaper than $8000...

TS

Westgate doesn't always put that legally required letter in with their sales contracts.

I had a friend who, despite my warnings, signed a contract to purchase a Smokey Mountain week from Westgate. When she told me about it she was still within the timeframe to cancel. She got the contract out and we began looking for the rescind information. It was NOT there. We spent 30 minutes going page by page, line by line looking for the information. Westgate had failed to put anything about a right to cancel in the copy of the contract they gave her. I'm sure they had the signed original in their files back at the office to prove she signed it, they just failed to give her a copy of it.

In the end we sent at least three register rescind letters. One to the resort, one to the sales office at the resort and one to Westgates corporate offices. Yes it was probably overkill and it cost a few dollars more but it did get the job done. We rationalized that it would show a court definate intention to cancel should the Westgate weasels try to say she sent it to the wrong place.

 

[Tia]

Below is post #6 contains the address , but it is also from a couple years ago.......

For anyone who is looking for this here is the address that you need to send your recession letter to to cancel your Westgate Timeshare. They will not give it to you. I found it on the addendum CD that was given to me at closing. No one that I talked to at the resort or at the corporate office would give it to me. They stated that they did not know it. I found it myself and successfully canceled my Westgate timeshare.
Westgate Resorts, Ltd.
2801 Professional Parkway
Ocoee, Florida 34761

On the CD it will state how long you have after the closing date to have it in to them. I research Tennessee Timeshare Rules on the State of Tenn. government website and found that I had 10 days from time of closing to have the recession letter postmarked. You need to look at the addendum CD and research Timeshare rules from the state in which you purchased to timeshare for that states timeshare grace period. They are all different.

 

[pedro47]

You make a very wise decision.

 

[Claucio]

Cancellation of Westgate TS purchase

Hi everyone. I read all the posts and I have something very similar. I purchased a timeshare from WestGates Lakes, Orlando, 2 bd, Lock-off, even years. It was on november 4th. After coming back from my honeymoon, I just went to website to check how it works and see the prices for extra weeks in europe, my next vacation destination. After seeing some different prices, I went to Saint Google. After posting a few words, the reviews confirmed my worst thoughts! So I decided to cancel my purchase. Reading the contract, here's what's written:
If you decide to cancel...you must notify* the developer in writing of your intent to cancel. Your notice shall be effective upon the date sent and shall be sent to (adress)...While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10 day cancellation period, is prohibited.

* Notify, for the purposes of Sections 721.06 (1)(g) and 721.065(2)(c), FL statutes, shall mean that a written notice of cancellation is delivered, by any means which may include certified mail return receipt requested, to the entity designated to receive the notice of cancellation ....


You can cancel the contract without any penalty within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to Section 721.07(6), Florida Statutes, whichever is later.

I'm going to send them back all the marketing material as well as the cancellation request. My concern is about the limit date...I've read here that that send date certified by a company like FEDEX or UPS should work, but in the contract I have understood that they must receive the letter within 10 days. UPS and FEDEX websites give me the estimated delivery date november 15 th, one day after, in the morning. What's your opinion about that?
Thanks everyone. It's very difficult to deal with this kind of situation, specially from another country, so any help is VERY welcome!

 

[Rent_Share]

Under US Law it is based on the send date

If you decide to cancel...you must notify* the developer in writing of your intent to cancel. Your notice shall be effective upon the date sent and shall be sent to (adress)...While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10 day cancellation period, is prohibited.

As long as you get it "shipped" today you will be within the 10 Day Window

Perhaps if there is an attorney lurking they could reassure the Poster of the Send/Receive concerns.

 

[csxjohn]

..If you decide to cancel...you must notify* the developer in writing of your intent to cancel. Your notice shall be effective upon the date sent ...

* Notify, for the purposes of Sections 721.06 (1)(g) and 721.065(2)(c), FL statutes, shall mean that a written notice of cancellation is delivered, by any means which may include certified mail return receipt requested, to the entity designated to receive the notice of cancellation ....


.[/I]

!

Slow down and read what you wrote.

Don't pay for fedex or ups. Use the post office and send it certified return receipt requested. The receipt the post office worker hands you has the only date on it that matters.

Don't sent back the marketing material. If they want it they'll let you know.

Now hurry and get it done.

 

[Claucio]

Slow down and read what you wrote.

Don't pay for fedex or ups. Use the post office and send it certified return receipt requested. The receipt the post office worker hands you has the only date on it that matters.

Don't sent back the marketing material. If they want it they'll let you know.

Now hurry and get it done.

I agree with you, but what about the 10 days to the cancellation request delivery? Does it worth to risk all the process for 50 bucks? The * says that's according do FL Statutes, NOTIFY means the cancellation delivery. Am I right? Forgive my possible misunderstandings as well as my english mistakes, since english is not my mother language. THANKS a lot for the opinion!

 

[Passepartout]

John, this poster is in Brazil, and the equivalent to USPS may not exist. International parcel service may be the only way to have a proof of sending that would be acceptable.

If the difference is $50, I think it's money well spent to get Wastegate's meathooks outta him.

Good luck!

Jim

 

[Claucio]

Under US Law it is based on the send date



As long as you get it "shipped" today you will be within the 10 Day Window

Perhaps if there is an attorney lurking they could reassure the Poster of the Send/Receive concerns.

I've concerned about it and I went to consult an attorney. He said that for get it safe it should be better to get the delivery before the dead line. But he said also that the post date is normally the accepted one.Thanks a lot for the help!

 

[Claucio]

John, this poster is in Brazil, and the equivalent to USPS may not exist. International parcel service may be the only way to have a proof of sending that would be acceptable.

If the difference is $50, I think it's money well spent to get Wastegate's meathooks outta him.

Good luck!

Jim

UPS as well as FEDEX and a normal post office does exists in Brazil. The delivery date from normal post office is friday. FEDEX is the one that gave me november 14th as delivery date if I post it on monday morning, since it's closed on weekends. Thanks once more...

 

[csxjohn]

John, this poster is in Brazil, and the equivalent to USPS may not exist. International parcel service may be the only way to have a proof of sending that would be acceptable.

If the difference is $50, I think it's money well spent to get Wastegate's meathooks outta him.

Good luck!

Jim

I missed that, you are right. What ever means you have there to get the proof of when it's mailed is worth any cost.

 

[Rent_Share]

Normally I would advocate US Mail, since many contracts specify US Mail.

Here the US Postal Service offers several levels of service, some with similar service levels as UPS/FedEx

Since you are in Brazil I don't know if the Local Post Office is even open on Saturday for shipping, so I focused on the fact that your are dealing with a shipping date

 

[csxjohn]

I agree with you, but what about the 10 days to the cancellation request delivery? Does it worth to risk all the process for 50 bucks? The * says that's according do FL Statutes, NOTIFY means the cancellation delivery. Am I right? Forgive my possible misunderstandings as well as my english mistakes, since english is not my mother language. THANKS a lot for the opinion!

The section with the * is not talking about the 10 days. It is saying that you can deliver it by any means. So you do not have to use the US post office or anyone in particular, it's your choice.

I am not an attorney and this is not legal advice. Your attorney told you that the post date is the normally accepted one. I believe he is right because of the sections in your contract that I pointed out.

How ever you decide to send it, make sure it is sent with proof before the 10 days expire.

You signed on Nov. 4th. I would mail it today but if you feel better about FedEx then wait until Monday. Again, it's the day you send it and not the day they receive it that matters.

 

[Claucio]

Normally I would advocate US Mail, since many contracts specify US Mail.

Here the US Postal Service offers several levels of service, some with similar service levels as UPS/FedEx

Since you are in Brazil I don't know if the Local Post Office is even open on Saturday for shipping, so I focused on the fact that your are dealing with a shipping date

The Brazilian Post Office is very good as well, offering the very same services as FEDEX and UPS, except that the urgent mail gets 5 days to be delivered. Thank you all guys for the help.

 

[Claucio]

The section with the * is not talking about the 10 days. It is saying that you can deliver it by any means. So you do not have to use the US post office or anyone in particular, it's your choice.

I am not an attorney and this is not legal advice. Your attorney told you that the post date is the normally accepted one. I believe he is right because of the sections in your contract that I pointed out.

How ever you decide to send it, make sure it is sent with proof before the 10 days expire.

You signed on Nov. 4th. I would mail it today but if you feel better about FedEx then wait until Monday. Again, it's the day you send it and not the day they receive it that matters.

You're right. I've read again all the lines linked this point and you're right. I'll be sending it today! Thanks a lot for the help!

 

[timeos2]

In the US or not just thank your lucky stars you have plans to act to rescind before you are stuck with owning in the WORST timeshare group in the world. There are some close seconds & no retail purchase of any timeshare should be recommended to anyone but you nearly managed to be taken by the absolute king of them all. So get that rescission notice sent on time & relax. Again you DO NOT have to return the pile of materials unless they ask specifically for it. Don't waste money on that.

 

[Claucio]

In the US or not just thank your lucky stars you have plans to act to rescind before you are stuck with owning in the WORST timeshare group in the world. There are some close seconds & no retail purchase of any timeshare should be recommended to anyone but you nearly managed to be taken by the absolute king of them all. So get that rescission notice sent on time & relax. Again you DO NOT have to return the pile of materials unless they ask specifically for it. Don't waste money on that.

Well, I've seen the worst in google looking for the company reviews. I think I'm lucky to be in time to avoid this big mess. But I think a good timeshare company would fit me because I travel abroad every year and hotels, specially in Europe are expensive. Do you know some that could help me in my vacations?

 

[Passepartout]

European timeshares are mostly located in rural areas, not in proximity to large cities. This is something that frustrates most U.S. owners. We want to go to cities for the history, culture and general travel experience. Most Europeans want to get out of the cities where they live and work and into the 'countryside' or to the beach. TSs in Europe are concentrated in Spain, Greece and in the rural areas of S. Germany, Austria and Hungary. There are a few around the cities, but comparatively few.

There is one exchange company that has quite a few in the more 'desirable' places, but the name escapes me. TUGger Carolinian lives in Eastern Europe and has some pointers. You might contact him via private message.

Jim

 

[Rent_Share]

For a nominal fee you can mail/ship a rescission package and be free of the obligation

Did you consult with your attorney on the risk of defaulting on a contract executed under US Law in the United States, while you and your assets are in Brazil ?

If you buy, buy resale, which may require patience because many private sellers equate foreign with scammers.

Also IMHO Westgate goes out of their way to make their resale units worthless by putting resale buyers at an 10 month disadvantage in reserving units. Even of you are going to exchange, your reserved week determines your trading power.

Diamond Resorts International claims to have a large presence in Europe, but they two diminish the value of resale units by limiting access to resale owners. In the past resale owners could buy back that access by spending some money at the developer level. Also IMHO their total Program Cost Including "Club Dues" is one of the highest.

https://www.diamondresorts.com/resorts

No matter which way you go spend time researching, unfortunately there's is not a Wiki or a Book - "The Perfect Timeshare for Vacationing in Europe for a Brazilian National" so it will take time to find the right fit, based on the format of the information. Just take the time to learn through Message Board Q & A versus a lifetime of Maintenance Fees
​

 

[Talent312]

You might benefit from buying into a hotel-based timeshare system, such as Hilton (Hilton Grand Vacations), Marriott or Starwood, which have connections with their hotel operations.

Hilton Hotels has a serious presence in many European cities and HGVC is friendly to resale buyers. Resale buyers have the same booking rights or retail buyers, and they allow TS points to be used for hotel reservations or converted to their frequent guest program, Hilton Hotels.
.
.

 

[Claucio]

For a nominal fee you can mail/ship a rescission package and be free of the obligation

Did you consult with your attorney on the risk of defaulting on a contract executed under US Law in the United States, while you and your assets are in Brazil ?

If you buy, buy resale, which may require patience because many private sellers equate foreign with scammers.

Also IMHO Westgate goes out of their way to make their resale units worthless by putting resale buyers at an 10 month disadvantage in reserving units. Even of you are going to exchange, your reserved week determines your trading power.

Diamond Resorts International claims to have a large presence in Europe, but they two diminish the value of resale units by limiting access to resale owners. In the past resale owners could buy back that access by spending some money at the developer level. Also IMHO their total Program Cost Including "Club Dues" is one of the highest.

https://www.diamondresorts.com/resorts

No matter which way you go spend time researching, unfortunately there's is not a Wiki or a Book - "The Perfect Timeshare for Vacationing in Europe for a Brazilian National" so it will take time to find the right fit, based on the format of the information. Just take the time to learn through Message Board Q & A versus a lifetime of Maintenance Fees
​

Thanks for the comment. In fact I don't have risk of default once I've payed by Credit Card and the next 3 payments shall be made in the same way. According to the contract they have to refund me in 20 days after the cancellation request is received. So I'll have to wait. They can or can not refund and if necessary I'll get a lawyer on this. If necessary I'll call VISA and send them the confirmation of delivery of my cancellation request, my contract and ask them to refund me. This have happened to me with a spanish airline that bankrupted in 2006 and I got the refund. I'll do everything legally, I'm a military and the last thing I want is a process against me...