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[ 2014 ] Cancelling a Westgate Timeshare [merged]

solecito

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Hello,

I am new in this site, and I would like to take this opportunity to thank all for all the advices I have found here. Thanks for posting. I bought a time-share for Westgate Palace on March 12. Next day I realized it was a huge mistake and started to do some research about how to cancel it , thankfully I found out about the 10 day cancellation period. I sent a letter through UPS and I requested a signature on delivery, however the letter arrived today, UPS confirms that it was delivered, however they didn't get a signature. I send another letter today (it is the 6th day) through Canada Post. I am just wondering if there is something else I should do. Should I keep sending them letters? I send the letter to the address in the contract:
-Westgate Palace, L.L.C.
2801 Old Winter Garden Road
Ocoee, Florida 34761

and additionally I sent one to the hotel 6145 Carrier Drive
Orlando, Florida 32819
and to another address that I found in the documents I received. just in case.

5601 Windhover Dr.
Orlando, Florida 32819

This is the first letter I sent them:

To whom it may concern,

We want to cancel our contract immediately with Westgate Palace L.L.C. / Westgate Resorts, Inc. to purchase a timeshare interest in the Westgate Palace; Contract/Account Number XXXXXXXXXX-XXX .We are exercising our legal right to cancel this contract. We expect a full refund of our down payment of $XXXX US dollars. Do not make any additional charges to our credit card. Please confirm our legal rescission in writing.
Pursuant to Section 721.07(06), Florida Statutes, and as stated in the “Contract for Purchase and Sale” (item 4 of the terms and conditions) signed on March 12, 2014 we are entitled to ten (10) calendar days after the date we signed the contract (Contract/Account Number: XXXXXXXXXX-XXX signed on March 12,2014) to cancel any timeshare contract that we have entered into and we are therefore notifying you in writing as required by the Florida Statutes, that we are hereby cancelling the contract to purchase a timeshare at your property known as The Westgate Palace, 6145 Carrier Dr. Orlando, Florida 32819. Due to this cancellation we expect that the $XXXX (US dollars) total down payment that we paid using our credit card American Express ending in XXXX will be credited immediately upon receipt of this letter by you.
CC of this letter will be sent by certified mail return receipt requested to:

-Westgate Palace, L.L.C.
2801 Old Winter Garden Road
Ocoee, Florida 34761

- Westgate Palace, A time Share Resort
6145 Carrier Drive
Orlando, Florida 32819

Additionally, we are sending a written notice to Florida Investments, INC to cancel our authorization to debit our VISA credit card ending in XXXX.
-Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, Florida 32819

To clarify and confirm one more time, we want to cancel our timeshare contract immediately. Please provide us with a written response showing you have received this letter within the rescission period to our address on file: XXXXXXXXXXXXXX. Additionally, please provide us with the information we will require to receive our down payment back.

Please, any advise will be greatly apreciated.

Thanks,
 

Karen G

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I think you're fine as long as you have the proof that you mailed your rescission letter within the time frame allowed.
 

Passepartout

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As ng as you have proof that your letter was postmarked within the rescission period, you are good. I am not familiar with Canada Post. We have Certified that returns a card when the letter is delivered. Does Canada Post offer a similar service? No matter. I am sure they got it, but equally sure they will keep your money as long as possible- or legally allowed before returning it. You may not know for sure until you start getting calls from the sales retention people trying to save their commission. Just acknowledge that it is them, then hang up. No good can come from talking to them. They will offer specials, every other year ownerships, resales, foreclosures, then free extra vacations so the salesweasels have another chance at you.

Congratulations on your rescission, and Welcome to TUG. If the idea of timeshare still appeals, come back and learn how to do it right with honorable people and and low costs.

Jim
 

solecito

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Thank you for the answers, neither Canada post or UPS send you a card as proff of receipt, ou can only track the letter online and print a confirmation of delivery. So far I sent them two letters and I am thinking in sending a 3rd one, lol, my husband says I am paranoic. So now what, I just wait for them to call me, or should I call them and ask if they are processing my cancellation??
 

theo

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No phone calls!

Thank you for the answers, neither Canada post or UPS send you a card as proff of receipt, ou can only track the letter online and print a confirmation of delivery. So far I sent them two letters and I am thinking in sending a 3rd one, lol, my husband says I am paranoic. So now what, I just wait for them to call me, or should I call them and ask if they are processing my cancellation??
Do yourself a huge favor and do not call these weasels under any circumstances; phone conversation is completely meaningless anyhow, legally speaking. In addition, you would only unnecessarily subject yourself to their desperate attempts to now try to "sweeten the deal" and salvage the sale (...and their commission). There is little or no real value to a Westgate developer-direct purchase, so there is really no sufficient "sweetening" even humanly possible, truth be told.

Also, know in advance that they will call you, desperate to "salvage the sale". Do not take the call and do not speak to them. Let the law do its' work for you and stay as far away from Westgate as humanly possible, now and in the future. Westgate is simply "the worst of the worst" in the entire U.S. timeshare industry, in my personal opinion. That particular opinion is shared by many, many others as well, here and elsewhere.

State law requires Westgate to process a timely, properly submitted rescission. They have no other option and no other choice, so there is no point in contacting them to "ask" if they are processing your rescission. They must do so. Period, amen. End of story.

Congratulations. You are avoiding a terrible mistake. :clap:

P.S. The Ocoee, FL address is the correct one to use. There is no harm in using the other addresses as well, but no benefit or reason to do so either.

P.P.S. You should also contact your credit card company to notify them of a pending disputed charge.
Know too in advance that it could conceivably take Westgate up to 45 days to process your refund.
 
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solecito

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They already contacted me

Well, I received a WhatsApp message from the guy who sold us the timeshare, stating that they received the cancellation letter and asking me what happened. I followed your advice and didn't reply and an hour later he said:
"k, never mind, have a nice day"

So I hope that I won't have to send the 3rd letter I had ready. Now I just sit and wait for my money, I guess.

Thanks all, I will let you know what happens. :D
 

Passepartout

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He hasn't been back for almost a month. You can click on his blue username and send him an email.

Are you in the same predicament?
 

julianna

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Yes!

He hasn't been back for almost a month. You can click on his blue username and send him an email.

Are you in the same predicament?
Yes I am. Today I mailed my rescind letter via express mail to the address:
Westgate Resorts LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761

This thanks to this forum. I committed the mistake of calling and was told a lot of lies too... that I had to pay for the time of the closing agent and for the time of the seller and that my money would not be recovered. He even told me a saying: "It's better to have a bad deal than a good fight" and offered me a lower monthly payment. I said no and he told me he was going to refer my case to the legal department and that I could not rescind because my contract was a resale and it was different. I told him to proceed with that.

I will tell my whole story in a new thread for the record.
 

Passepartout

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I hope you are within the allowed time period. Express mail wouldn't be my choice. Certified with return receipt would. It doesn't matter when they get it, the only thing that matters is the postmark of when the letter was sent. They have no choice but to honor the rescission and refund ALL your money IF that's within the rescission period. Even those slimeballs won't risk the ire of the FTC. I never cease to be amazed at the sheer nutz of those people to LIE, LIE, LIE!

Glad you found us in time.

Welcome to TUG
 
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theo

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A minor point of clarification...

<snip> Even those slimeballs won't risk the ire of the FTC.
The FTC has no say or any other involvement in this particular matter of contract rescission. Are you maybe confusing this issue with the "Do Not Call" list, which is administered (...very poorly and ineffectively, I might add) by the FTC?

The right to rescind a developer-direct timeshare purchase is instead a matter of state law. This is exactly why there is such a wide range of rescission time periods among different states throughout the U.S., ranging from none at all, with most being 5-7 days, 10 days in Florida, up to 15 days (but that long only in Alaska).

Nonetheless, rescinding in time is certainly always a good thing. :clap:
 
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Passepartout

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The right to rescind a developer-direct timeshare purchase is instead a matter of state law.

Nonetheless, rescinding in time is certainly always a good thing. :clap:
Oops. I stand corrected. (maybe) I won't make that mistake again. ;)
 

siesta

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The FTC has no say or any other involvement in this particular matter of contract rescission. Are you maybe confusing this issue with the "Do Not Call" list, which is administered (...very poorly and ineffectively, I might add) by the FTC?

The right to rescind a developer-direct timeshare purchase is instead a matter of state law. This is exactly why there is such a wide range of rescission time periods among different states throughout the U.S., ranging from none at all, with most being 5-7 days, 10 days in Florida, up to 15 days (but that long only in Alaska).

Nonetheless, rescinding in time is certainly always a good thing. :clap:
Theo has it right, rescission is a matter of state law. The FTC is federal.

complaints about do not call list always surprise me. But once I put my number in I stopped receiving all the calls. Maybe YMMV.
 

redsoxmanny

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Cancelling

So as many others on here, I am reading up to learn what I can about TS in all aspects. Wish I had done this prior to buying, fed a bunch of lies from WG and now just learning how I can turn this hugggggggggggge mistake into something more positive. Not sure if everyone gets it right on the 1st try, but still have so hope with the TS. Could trade in my week for 2 shortstays on II, getaways etc but still in shock how buying from resort itself and how much I could have saved resale amazes me. The fact that you only have such a short time to cancel is another mind blower, you don't end of realizing how much they lied to you, overcharged you and how much they can care less till a lot later. I purchased less than 2 months ago and still trying to find a way not to go crazy.
 

theo

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A different perspective...

<snip> The fact that you only have such a short time to cancel is another mind blower....<snip>
Not too many years ago, rescission rights did not even exist at all so frankly, it's all relative regarding your subjective perception of "such a short time to cancel".

Having multiple days after purchase (...whether it's 3,5,7, 10 or 15 days) to be able to reconsider and then reverse a bad financial decision is truly a gift, IMnsHO.
Regardless of the previous lies, exaggerations and other assorted misrepresentations from sleazy, slimy sales weasels, if a buyer later fails to utilize that "gift" of rescission rights, presented to them in writing at the moment of contract execution, then I respectfully submit that said buyer really has no one else to later blame or attempt to hold accountable for their own personal failure to exercise the legal rights placed right in their lap, by formal written notice, at the very moment of contract execution.

Actually reading a multi-thousand dollar purchase contract should certainly occur before buyer's remorse (...and long before the expiration of rescission rights) arrives.
Not to seem callous or unsympathetic, but there is very clear and direct personal accountability and responsibility here. If you choose to snooze then yes --- you lose.
 
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solecito

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Hi,

I apologize for not updating sooner.A few days after I sent the cancellation letter, I opened a ticket in their website, asking them to confirm if they had received my cancellation letter, and a lady replied confirming that the contract was cancelled. A few days later, they refunded my money, but that's it, they didn't contacted me at all, except for the message the sales guy sent me (just one). I am sooooooo happyyyyyyy. Thanks to all who helped me.:whoopie::cheer:
 

luvtravellin

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Hi,

I apologize for not updating sooner.A few days after I sent the cancellation letter, I opened a ticket in their website, asking them to confirm if they had received my cancellation letter, and a lady replied confirming that the contract was cancelled. A few days later, they refunded my money, but that's it, they didn't contacted me at all, except for the message the sales guy sent me (just one). I am sooooooo happyyyyyyy. Thanks to all who helped me.:whoopie::cheer:
What website and how do you open a ticket to follow up on your cancellation?
Eve
 

TUGBrian

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Great news, so glad you found us in time!
 

Passepartout

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What website and how do you open a ticket to follow up on your cancellation?
Eve
The poster you are asking this has not been on TUG for almost 2 months. You might try clicking on their blue username and emailing them.

Jim
 

latindiva01

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any returned $? @solecito

I read your story, and I see that they cancelled with no objections after you sent the letter. Did you have a down payment returned to you? I sent my letter this morning certified return receipt after I read all of this but today was the 8th day including weekends. I hope I have your luck, however I made a down payment and I'm struggling with changing my card number or not. I don't know if it will affect my return or if im better off losing my downpayment and at least not losing more money.
 

latindiva01

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did you have a down payment ? if so did you get it back too? how long did it take them to cancel the timeshare? and return $ if there was one?
 

Karen G

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I read your story, and I see that they cancelled with no objections after you sent the letter. Did you have a down payment returned to you? I sent my letter this morning certified return receipt after I read all of this but today was the 8th day including weekends. I hope I have your luck, however I made a down payment and I'm struggling with changing my card number or not. I don't know if it will affect my return or if im better off losing my downpayment and at least not losing more money.
Don't worry about getting your money back. If you cancelled within the rescission period the contract should be cancelled and the money refunded. Notify your credit card company that the contract has been rescinded and dispute the charge. I'm not sure how many days they have to credit the money back to you--maybe your credit card company can tell you.
 

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same problem

The same thing just happened to me at the Smoky Mountain resort. I am preparing a rescission letter as I type this. I plan on shipping it to the address:

Westgate Resorts, LTD
2801 Old Winter Garden Rd
Ocoee, FL
34761

That is the address they put on the Public Offering Statement. I'm wondering if that's enough info on the address, or if I need a specific department to send it to.

Also, what I need to include in the shipment. I can't find a contract amongst my paperwork. I do have the deed though. Should I send that as well?
 

Karen G

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The same thing just happened to me at the Smoky Mountain resort. I am preparing a rescission letter as I type this. I plan on shipping it to the address:

Westgate Resorts, LTD
2801 Old Winter Garden Rd
Ocoee, FL
34761

That is the address they put on the Public Offering Statement. I'm wondering if that's enough info on the address, or if I need a specific department to send it to.

Also, what I need to include in the shipment. I can't find a contract amongst my paperwork. I do have the deed though. Should I send that as well?
Just a rescission letter should be fine to start with. Be sure everyone who signed the contract signs the letter. If you have a notebook or some other book they want returned, maybe they'll mention it. Send it the cheapest way possible, but just be sure to get your letter mailed with proof of the date you sent it within the rescission period. This is the most important part!
 

propskis

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Just a rescission letter should be fine to start with. Be sure everyone who signed the contract signs the letter. If you have a notebook or some other book they want returned, maybe they'll mention it. Send it the cheapest way possible, but just be sure to get your letter mailed with proof of the date you sent it within the rescission period. This is the most important part!
Ok thank you. Just to be clear, the letter itself doesn't need some type of stamp with a date? I just need to put the date on the letter and that's good enough? As long as the ENVELOPE/PACKAGE itself is dated that works?

Also, do they have to receive the package within 10 days? Or do I just need to have proof that I mailed it within the 10 days? Because it's a lot more expensive to send it with next-day delivery compared to 3-4 business days.

I'm a little extra worried just because Monday is Labour Day and I lose a day right there.
 
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