[2009] Seeking Class Action Partners - Westgate Resorts

[werners]

Has Westgate Resorts effectively de-valued your timeshare with their little "invention" of "value season"?

When we purchased our timeshare, it didn't mater what week it was (in our case, week 4) because all of Westgate was "red time". There was no such thing as "value season".

Interval and RCI still treat all weeks at Westgate as "red" or "prime" time. Only Westage now refuses to do an internal exchange for 90% of available weeks without asking an insane ($700+) upgrade fee. This forces us to use interval for every exchange - even those going BACK into WESTGATE! (Yes, that's right - if I deposit my "value season" week to Interval, it trades for ANY week at ANY Westgate property, and without the $700 "upgrade" fee).

Have you been screwed by this also? Do you know someone who has? Please respond to this thread, or contact me directly. I am assembling a list of participants for an initial class action suit against Westgate.

 

[timeos2]

The answers?

Yes. Yes. Yes. And yes. You (and we) were screwed, but that is SOP for Westgate. If this goes anywhere we'd sure take part.

 

[lv_maui]

Another veteran poster

I love when a poster joins the day of their first post starting a class action lawsuit thread. Now Mr. Chase is definitely a veteran poster

 

[werners]

Deleting all my prior posts.
I give up.

 

[ecwinch]

Do you have a legal basis for the action, or anything in the public offering/by-laws to support your action?

 

[DeniseM]

lv_maui,

It's not my first day.. I've been reading here for months - just haven't felt the need to post. SAW

Welcome to TUG!

You may "know us" from reading here for months, but we don't know you, since you've only posted once (twice now.) Please feel free to introduce yourself and tell us a little more about your timeshare experiences.

As it stands, your first post is the online equivalent of a guy walking up to someone on the street and asking them to join his lawsuit. You may have a very good case, and be completely legit, but until we get to know you, we don't know that.

Give us a chance...we are a pretty decent group!

 

[werners]

Familiarity with Westgate

Deleting all my prior posts.
I give up.

 

[DeniseM]

Thanks for responding, Werner. If you have been read here for several months, then you must know that we get a a lot of newbies who are basically spammers. It gets a little old. Now, I don't think you are a spammer, but we don't know you, and thus the comment that was made about a first time poster on a mission.

I agree completely about taking the high road and in that spirit, let's focus on your situation, and not on one comment. Since a moderator already removed your first comment, the policy here is not to repost your grievance. For more information, see the posting rules linked in the blue bar at the top of the page.

Good luck!

 

[ecwinch]

There is a legal basis for a lawsuit, however, like so many situations, it's hard to find someone willing to devote the time and effort (and up front $$) required to engage a professional. I'm in a position to do that, but I need help, which is why I came to THIS group.

At a high level what would be your complaint. I assume some form of deceptive sales practice, where the salesperson made some representation that was untruthful.

 

[Vacation Dude]

I think you don't have a snowballs chance in hades.

Class action attornies want big bucks and only work for contigency for very high profile multi-million dollar cases and timeshare weeks is not even on their radar screen.

If you do find someone to represent you, I wish you all the luck in the world, but I think Westgate has a ton of attorneis that will crush you like a florida cockroach.

 

[lv_maui]

Legal against Westgate

Conceptually, your complaint is absolutely valid. Whether an attorney will take this on is not something I am familiar with, but in never hurts to try. I am not sure how one goes about this, but maybe contact the legal firms that went after Sunterra for securities fraud several years back. It only takes one firm to listen and act.

 

[werners]

The crux of it...

Deleting all my prior posts.
I give up.

 

[werners]

Kick 'em when they're down...

Deleting all my prior posts.
I give up.

 

[Vacation Dude]

Yes, that's right - if I deposit my "value season" week to Interval, it trades for ANY week at ANY Westgate property, and without the $700 "upgrade" fee.

So you just proved that you have no damages and no class action case as you can use II to trade back into Westgate (just like Marriott ).

Which is exactly why I believe the time may be right. The economy gasping for breath, may be exactly what's needed to get the job done without too much fuss. Nobody wants to spend money they don't need to spend.

I will be the first to donate $1 to your cause, but I am 99.9% sure you won't be able to find a (competent) attorney to take this case.

 

[werners]

Deleting all my prior posts.
I give up.

 

[Vacation Dude]

Did you read every page of your contract?

Did they every modify anything or notify you in writing or e-mail or posted a modification on their website?

I am not taking Westgates side, I am only stating that they probably had a team of lawyers review the change before they did it and probably are within their right to make that change.

You bought a deeded week to a property and that has probably not changed (you can still use week 4?). But, the ability to trade it for something else has changed and that could be considered an "allowable" modification to your contract.

Where do you own a week 4?

There is a huge difference between a ski week and an Orlando location for that week.

 

[gorevs9]

Where do you own a week 4?

There is a huge difference between a ski week and an Orlando location for that week.

I really doubt that a ski week would be considered "value season".

 

[ecwinch]

There is a legal basis for a lawsuit, however, like so many situations, it's hard to find someone willing to devote the time and effort (and up front $$) required to engage a professional. I'm in a position to do that, but I need help, which is why I came to THIS group.

I have spoken to a lawyer, who also believes there is basis for a suit. Although he's not the kind of lawyer to deal in this kind of real-estate issue, his recommendation was to assemble a list of between 10 and 20 people who are in the same situation as I am, and then present the full information.

Was this his general opinion based on your description, or did he actually review the purchase documents?

Are you looking to form a group to "explore" the issue with an attorney? Just not sure what you mean by "then present the full information".

Do you have a rough estimate of what type of $$$ you need for your group to move forward?

I am not suggesting that your claims are without merit. But before the mob forms and pitchforks/torches are issued, everyone should have a general idea on what they are getting into.

 

[werners]

Yeesh...

Deleting all my prior posts.
I give up.

 

[ecwinch]

werners -

Do these people need to be owners that purchased directly from Westgate or just owners in general?

 

[Vacation Dude]

And if anyone's interested, I own Week 4 at Westgate Lakes in Orlando.

I would guess this week 4 in Orlando is an incredibly low demand week, perhaps one of the lowest of the year as the last week of January is pretty cold in Orlando and it is not during a school holiday.

If Westgate is charging you more to trade into a much more popular (i.e. more in demand) Summer week or holiday week when the kids are off school, then I don't see a problem, let alone a class action lawsuit.

I would also guess that a non-owner could rent a Week 4 for less than the annual dues of an owner.

Also, if II allows trades of a Westgate week 4 Orlando for a week 4 at Westgate Park City or a Christmas week in Westgate Orlando or July 4 in Westgate Miami or a summer week at Westgate Smokey Mountains, I would just be extremely happy with II (and your Westgate purchase) and pay the small fee.

I am not trying to rain on your parade, I just don't see a problem, let alone a class action suite here. Heck, I would be happy if Marriott consistently allowed me to trade a bad week for much better week at any Marriott.

 

[werners]

Deleting all my prior posts.
I give up.

 

[werners]

I give up.

Moderator - please kill this entire thread. It's gone so off topic, and turned into a sounding board for all kinds of people who are neither part of the issue, or part of the solution. I'll find what I need elsewhere. And that (based on what this user group is supposed to be about) is a damn shame.

Anyone ACTUALLY interested in working with me to solve the original issue can contact me through personal messages. I won't be posting to this thread anymore, and am un-subscribing to it as well.

 

[durrod]

Try to post your concern at timeshareowners.info
That website is for Westgate owners and you will find people there under the same situation and may share your concern.

 

[AwayWeGo]

You Have An Excellent Case. Now, How Much Justice Can You Afford ?

Deleting all my prior posts.
I give up.

It will take more perseverance than that to (A) get a strong attorney to take the case & (B) prevail against the onslaught of opposing counsel's aggressive legal maneuvers if the case ever gets off the ground.

Good luck.

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