[2008] Successful cancellation of Westgate purchase

[DeniseM]

It occurs to me that you would have been well within your rights to get the manager's name, call your credit card company, and report your card stolen (and then give the name of the manager as the person holding the card against your will). Hold this conversation on your cell phone directly in front of the manager holding your card. See if this doesn't get their attention.

Otherwise very sorry to hear of your difficulties.

That would be making a false report - very bad advice.

 

[rleigh]

That would be making a false report - very bad advice.

I think it would depend on the specific circumstances of the situation. If it played out as she said and they really were refusing to give the card back, then yes, of course I would have to report it to cancel the card.


///

 

[totalfun2010]

Please Help

Hi everyone. I am trying to cancel within the 10 days of purchasing my timeshare from Westgate in Orlando Florida. I made the mistake of calling the corporate office to cancel (I am also sending the certified letter). They told me that I am going to be charged $1000 for a cancelation of recording fee as well as 10-38% of taxes, not on the purchase price of $8000, but on the retail of $28,000. They claim this is because they will be charged the taxes because this was a transfer property. Has anyone else had to deal with this, heard of this, or were charged this? It sounds shady to me since we are not supposed to be charged anything within the 10 days. Any advise or knowledge on this would be extremely helpful. Thanks!!!!

 

[LannyPC]

Hi everyone. I am trying to cancel within the 10 days of purchasing my timeshare from Westgate in Orlando Florida. I made the mistake of calling the corporate office to cancel (I am also sending the certified letter). They told me that I am going to be charged $1000 for a cancelation of recording fee as well as 10-38% of taxes, not on the purchase price of $8000, but on the retail of $28,000. They claim this is because they will be charged the taxes because this was a transfer property. Has anyone else had to deal with this, heard of this, or were charged this? It sounds shady to me since we are not supposed to be charged anything within the 10 days. Any advise or knowledge on this would be extremely helpful. Thanks!!!!

Sounds like total hogwash to me. Nobody on these boards has come back after a rescission and said that he was charged taxes or "cancellation fees" (or any other fees for that matter).

Even if you are charged those fees, you'd still come out ahead by rescinding. So rescind and follow the rescission instructions to the letter.

 

[T_R_Oglodyte]

Hi everyone. I am trying to cancel within the 10 days of purchasing my timeshare from Westgate in Orlando Florida. I made the mistake of calling the corporate office to cancel (I am also sending the certified letter). They told me that I am going to be charged $1000 for a cancelation of recording fee as well as 10-38% of taxes, not on the purchase price of $8000, but on the retail of $28,000. They claim this is because they will be charged the taxes because this was a transfer property. Has anyone else had to deal with this, heard of this, or were charged this? It sounds shady to me since we are not supposed to be charged anything within the 10 days. Any advise or knowledge on this would be extremely helpful. Thanks!!!!

Does your contract say that you are liable for those fees if you rescind?

I doubt it. In fact, I would bet that you will find language that says that the contract is the full sum and substance of what is in your deal and that anything that is not written into the contract is not enforceable.

If this issue comes back again you might point out that language in the contract. Then ask them where in the contract it says that you are liable for those fees.

 

[Passepartout]

It's a bluff and entirely male bovine waste! They are trying to delay you beyond the rescission period.

They are also (in)famous for putting the address in the CD that you won't even get until after the rescission period ends. They should all be drawn and quartered and the remains deep fried!

The letter doesn't need to be anything fancy, just:

I/We want to exercise our legal right of rescission on contract #_________ Dated 2/XX/2013 at (location)___________

Signed (both names that signed the contract)

Send it USPS certified with return receipt to the office in Orlando. File a dispute with your credit card(s) and explain why.

Good Luck!

We are confident they will refund everything they took from you. They may bluster but have no rights. We've seen them try for the price of the packet of garbage, the price of the goodies, the cost of the meal while they abused you. Be firm, and do not answer the phone from them.

 

[theo]

Good advice, to which I'll add...

It's a bluff and entirely male bovine waste! They are trying to delay you beyond the rescission period.

They are also (in)famous for putting the address in the CD that you won't even get until after the rescission period ends. They should all be drawn and quartered and the remains deep fried!

The letter doesn't need to be anything fancy, just:

I/We want to exercise our legal right of rescission on contract #_________ Dated 2/XX/2013 at (location)___________

Signed (both names that signed the contract)

Send it USPS certified with return receipt to the office in Orlando. File a dispute with your credit card(s) and explain why.

Good Luck!

We are confident they will refund everything they took from you. They may bluster but have no rights. We've seen them try for the price of the packet of garbage, the price of the goodies, the cost of the meal while they abused you. Be firm, and do not answer the phone from them.

...and don't initiate any more phone calls either. It was a mistake to have done so initially, as you've already discovered; meaningless phone converstations only muddy the waters and create unnecessary delay.
Regardless of any and all imaginative (...but entirely bogus) claims made by these hungry, lying sales weasels, state law affords you the unquestionable legal right to cancel the purchase within a defined time period, without any cost or negative consequences and with full refund of any and all monies paid.
Just issue your notice of rescission immediately in writing and stay off the phone!

 

[AwayWeGo]

Nothing That Any Timeshare Company Sells At Full Freight Is Ever Worth The Money.

From all I've seen right here on TUG-BBS, that apparently goes double for WestGate.

Too bad that so few of those who sign on the line find out about TUG until it's too late.

So it goes.

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

 

[cham5547]

hi marie am so happy for you and you family. i read all of the thread and sending recinding later to atleast 3 address and even called the lawyer you mention above and they gave me the same address. one question did you pick up the phone and have to tell them your recinding or did they just mail you a letter saying it void. i really dont want to talk to them if i dont have too. just like you they mess up my anniversary but feel very blessed to found this forum.

 

[DeniseM]

hi marie am so happy for you and you family. i read all of the thread and sending recinding later to atleast 3 address and even called the lawyer you mention above and they gave me the same address. one question did you pick up the phone and have to tell them your recinding or did they just mail you a letter saying it void. i really dont want to talk to them if i dont have too. just like you they mess up my anniversary but feel very blessed to found this forum.

Do NOT call - you cannot rescind over the phone.

Follow the rescinding instructions EXACTLY and then let it go. Calling will only muddy the waters. It is their JOB to try to talk you out of rescinding, to confuse you, and delay you - don't expose yourself to that by calling!

 

[cham5547]

thank you denise. I already sent all 3 letters. But they are calling alot so i was just confuse on weather i need to talk to them. I guess I shall wait after 10 days and see what happens. This forum is giving me hope and Thank god i found it before my FL 10 day rescinding limit is up

 

[DeniseM]

thank you denise. I already sent all 3 letters. But they are calling alot so i was just confuse on weather i need to talk to them. I guess I shall wait after 10 days and see what happens. This forum is giving me hope and Thank god i found it before my FL 10 day rescinding limit is up

They are calling to tell you more lies - don't answer the phone. Rescinding is your legal right - nothing they say makes any difference. Ignore them!

BTW - expect it to take 30 days - not 10 - but don't call them.

 

[cham5547]

do you know if they will send you a letter of cancelation after 10 days or can you assume your free and clear since i have certified mail as proof i sent it?

 

[DeniseM]

do you know if they will send you a letter of cancelation after 10 days or can you assume your free and clear since i have certified mail as proof i sent it?

30 days - you should get a refund.

 

[cham5547]

thank you so much for your help today. I hope this post helps others like it helped me. Been a crying wreck all week and finally starting to have hope again.

 

[DeniseM]

thank you so much for your help today. I hope this post helps others like it helped me. Been a crying wreck all week and finally starting to have hope again.

If you charged the down payment, or purchase fees to your credit card, you also need to follow up with them. Call the CC people, and then send them a copy of the rescinding letter/Docs. Direct them to NOT authorize any further charges on your Acct.

 

[cham5547]

If you charged the down payment, or purchase fees to your credit card, you also need to follow up with them. Call the CC people, and then send them a copy of the rescinding letter/Docs. Direct them to NOT authorize any further charges on your Acct.

Yes ma'am did all that. I was lucky enough to give them check yesterday and they couldnt cash it out yet. So today i mailed my certified letter and stop my check and cancel my cc. but to be safe your right i will sent a letter to my bank too just to be safe.

 

[DeniseM]

Yes ma'am did all that. I was lucky enough to give them check yesterday and they couldnt cash it out yet. So today i mailed my certified letter and stop my check and cancel my cc. but to be safe your right i will sent a letter to my bank too just to be safe.

I think you've got it covered!

 

[cham5547]

I think you've got it covered!

Do you know if this will affect our credit if we rescind within 10 days?

 

[timeos2]

Do you know if this will affect our credit if we rescind within 10 days?

Not at all.

 

[csxjohn]

Do you know if this will affect our credit if we rescind within 10 days?

It will not.

 

[DeniseM]

Do you know if this will affect our credit if we rescind within 10 days?

No - You have a LEGAL right, governed by local law, to rescind. This is not something that the resort controls, or can report you to the credit bureaus for.

 

[cham5547]

Thanks everyone!!! A little nervous right now as it the 3rd day and my certified letter are still processing in the post office. Do you guys heard or seen anyone having to mail rescinding letter to anyone else beside Westgate etc. Ive read some forum where some people mail a letter to the previous owner too. What i bought from Westgate was a trade in or foreclosure and has no other name on the contract beside Westgate. Well half the contract. I didnt notice until i got home that the real contract and cd was with them. I called and like everyone else they say i will get the contract within 5 days. Will i make a difference it the property was purchase new, trade in or foreclosed?

 

[pacodemountainside]

If you go to Post Office web site and plug in certified number you can see exactly where letter is.

Prior owners are out of picture, what counts is address in contract or on CD..

The only case I know of on foreclosures/trade ins not having recession rights is PH contracts being sold by Westgate affiliate in Vegas.

 

[timeos2]

If you go to Post Office web site and plug in certified number you can see exactly where letter is.

Prior owners are out of picture, what counts is address in contract or on CD..

The only case I know of on foreclosures/trade ins not having recession rights is PH contracts being sold by Westgate affiliate in Vegas.

If there is a legal, or other, way around a rule / law or regulation then you can rest assured Wastegate will find and utilize it. That's just they way they operate. Hopefully in this case the rules were followed and they have to accept the canceled purchase.