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[ 2014 ] Cancelling a Westgate Timeshare [merged]

NeverAgainTS

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Hi everyone, my wife and I made the same mistake of getting a timeshare in Orlando, FL. We went in with the intention of not buying whatever they were gonna sell us. We ended up getting into a timeshare contract for $19K thinking it was gonna be a good investment. Little did we know it was a complete scam when our friend warned us about her experience with a different timeshare. She told us that we had 10 days to cancel, so we went to the same location where we bought ours and talked to the manager of their timeshare location. He tried to bargain us with hopes of us keeping the timeshare but we were adamant in getting rid of this timeshare. He later let us cancel saying that we had to write a letter of cancellation on the spot. So we wrote our request to cancel on a sheet of notebook paper and he went and got it stamped and scanned a copy of the letter and gave it to us.

Usually, this would be enough for us, but since they already lied to us before and multiple times after, we typed up an official letter of cancellation and printed it (signed by both of us) and sent to the address listed on the contract via USPS in Sunny Isle Beach (certified mail and domestic return receipt). We also sent a scanned copy of our signature page from the contract and the original letter that we wrote there. Hopefully we are able to get our refund and out of this contract. But we just wanted to thank you for this thread. If it weren’t for this thread, we have no idea how we would go about cancelling our timeshare with Westgate.
 

taterhed

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Hi everyone, my wife and I made the same mistake of getting a timeshare in Orlando, FL. We went in with the intention of not buying whatever they were gonna sell us. We ended up getting into a timeshare contract for $19K thinking it was gonna be a good investment. Little did we know it was a complete scam when our friend warned us about her experience with a different timeshare. She told us that we had 10 days to cancel, so we went to the same location where we bought ours and talked to the manager of their timeshare location. He tried to bargain us with hopes of us keeping the timeshare but we were adamant in getting rid of this timeshare. He later let us cancel saying that we had to write a letter of cancellation on the spot. So we wrote our request to cancel on a sheet of notebook paper and he went and got it stamped and scanned a copy of the letter and gave it to us.

Usually, this would be enough for us, but since they already lied to us before and multiple times after, we typed up an official letter of cancellation and printed it (signed by both of us) and sent to the address listed on the contract via USPS in Sunny Isle Beach (certified mail and domestic return receipt). We also sent a scanned copy of our signature page from the contract and the original letter that we wrote there. Hopefully we are able to get our refund and out of this contract. But we just wanted to thank you for this thread. If it weren’t for this thread, we have no idea how we would go about cancelling our timeshare with Westgate.
Sorry to see your user name "never again TS..." cause timeshares are actually a very good thing for some folks. Not right for everybody, but then again, what is? Very smart of you to 'technically' comply with the rescission instructions.....you never know.

Now that you've rescinded, browse around TUG and see if timeshares are right for you (resale). There's a 'newbie survey' that will give you a clue whether timeshares might be right for you and what it might entail to purchase and own resale. What to buy (are timeshares right for me) link here!!!!!

Cheers to you! Glad you found TUG
 

NeverAgainTS

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Sorry to see your user name "never again TS..." cause timeshares are actually a very good thing for some folks. Not right for everybody, but then again, what is? Very smart of you to 'technically' comply with the rescission instructions.....you never know.

Now that you've rescinded, browse around TUG and see if timeshares are right for you (resale). There's a 'newbie survey' that will give you a clue whether timeshares might be right for you and what it might entail to purchase and own resale. What to buy (are timeshares right for me) link here!!!!!

Cheers to you! Glad you found TUG
Yeah after looking at it carefully, we realized it wasn’t for us. We usually travel in large family groups and when we did the math it just didn’t make sense for us. We’re newly weds so we still have a lot of other things we have to save for.
 

taterhed

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Yeah after looking at it carefully, we realized it wasn’t for us. We usually travel in large family groups and when we did the math it just didn’t make sense for us. We’re newly weds so we still have a lot of other things we have to save for.
sounds like you made a sound and considered choice.

Maybe in a few years (or more) when you've got some more vaca time for family!

We'll still be here. (insert your favorite 'I hope' or religious type phrase here) :D
 

NeverAgainTS

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Update: So I checked the USPS tracking this morning and the status is coming up as “Available for pickup”. I guess this means that they refused the package for the office was closed. What should I do?
 

vacationtime1

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Do nothing. If your rescission is postmarked within the rescission period, you win.

And you have proof (the USPS tracking) that you did rescind timely.

Be patient; the TS seller is extremely unlikely to violate the law.
 

NeverAgainTS

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Do nothing. If your rescission is postmarked within the rescission period, you win.

And you have proof (the USPS tracking) that you did rescind timely.

Be patient; the TS seller is extremely unlikely to violate the law.
Thanks vacationtime1. I will keep a close eye on it. We definitely have our letter postmarked well within the 10 calendar days. We also have the original cancellation letter that we wrote on the spot with Westgate’s stamp on it along with the date. I’m just nervous due to their way of dealing with people.
 

NeverAgainTS

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Update: So my wife called the corporate office yesterday to inquire on the cancellation process. They told her that the contract has been cancelled and that it should take a few days to process the refund. Should I take their word at face value or should I send out another letter?

I’m still well within the 10 calendar days. My previous letter has been delivered and the return receipt is being sent back to me. I know they won’t break the law or anything, but I just want to have as much evidence as possible in case this has to go to court.

Edit: they have made no attempts to call us either. So I guess that has me worrying for some strange reason.
 

TheTimeTraveler

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Follow the letter of the law: Send a certified letter (return receipt requested) and don't do it any other way.

Verbally doing it may not be recognized......




.
 

NeverAgainTS

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Follow the letter of the law: Send a certified letter (return receipt requested) and don't do it any other way.

Verbally doing it may not be recognized......




.
Just to clarify, I did send a certified letter to rescind the contract. It’s just that my wife called the next day to confirm that it is being cancelled. I just want to make sure that by her calling it did not waive our original letter. Regardless, I will send another certified letter reaffirming our intent to cancel.
 

taterhed

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I certainly understand your angst at this waiting...

But you have completed the legal required steps and quite a few steps beyond that.

Keep Good Records, you have more than adequate documentation to prove that you complied with the rescission requirements.

Your job is done, just wait for the check to show up (or acknowledgement etcetera)

Miller time so to speak

Sent from my SM-N950U using Tapatalk
 

Donut29

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Newbie here. I let them talk me into purchasing May 19. I put part of a down payment and this month is the final part of the down payment. Is there any advice you can give to to still cancel when still paying the down payment? This was a HUGE mistake. Makes me sick everyday! I just want out! What can I do? TIA
 

taterhed

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Newbie here. I let them talk me into purchasing May 19. I put part of a down payment and this month is the final part of the down payment. Is there any advice you can give to to still cancel when still paying the down payment? This was a HUGE mistake. Makes me sick everyday! I just want out! What can I do? TIA

I'm sorry to say....but the rescission period for your purchase has long passed. There is no-longer any 'easy' way out. Your choices are simple:
  • Learn to use what you bought and enjoy some great vacations with your family/friends. TUG is the best place to learn how.....
  • Try to rent your ownership to recover the expenses. There are many here on TUG that can help figure out what to do.
  • Ignore the debt and default on the sale. This will have serious impacts on your credit and may result in legal action. Not recommended for most.
  • Declare bankruptcy if appropriate. Probably not for you.
Let me caution you. PLEASE READ AND HEED:
  • There is NO easy way out
  • Anyone who tells you "I can make this go away for money $$$..." is lying (unless you want an OJ Simpson Lawyer and $$$$ bills)
  • DON'T pay money up-front to try and sell or make it go away. These outfits will take your money....and give you nothing
  • You can not sell/give/donate a timeshare that you owe money on. It must be paid-off first.
  • You signed a very-well engineered contract. It is designed to be 'unbreakable.' You can't simply 'make it go away...' no matter what you hear/see or read or Google etc.....

Sorry. Learn to use/rent/love what you bought and enjoy time with those you love.

Cheers
 

TheTimeTraveler

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Newbie here. I let them talk me into purchasing May 19. I put part of a down payment and this month is the final part of the down payment. Is there any advice you can give to to still cancel when still paying the down payment? This was a HUGE mistake. Makes me sick everyday! I just want out! What can I do? TIA


You own it. It's too bad, but it is what it is. Taterhed's post is excellent so do take the time to read it.

Make the best out of it (i.e. use it, trade it, or rent it).

Best of luck!




.
 

Passepartout

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Sucks but thanks for the info!
There is life after buying a timeshare from the developer. We took a poll here and it turns out that half of TUGgers bought their first TS from the developer. We've all learned to use them, and most have bought more (resale, of course). Timeshare vacations are some of the best memories you can give your family, and you can travel to places you've only dreamed of. We generally hate Wastegate's business practices, but they have very nice resorts in great locations.

So stick around TUG. Do some reading in the Westgate forum. Learn to use what you own.

Best wishes, and Welcome to TUG!

Jim
 

theo

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Do some reading in the Westgate forum. Learn to use what you own.
There is no Westgate forum on TUG to the best of my knowledge and belief.

I had suggested establishing same to TUG Brian a year or three ago, but he offered some good reasons (which I cannot now recall) for not doing so.

Perhaps there could just be a Wastegate "sticky" that simply says STAY FAR, FAR AWAY!
 

Passepartout

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Perhaps there could just be a Wastegate "sticky" that simply says STAY FAR, FAR AWAY!
OK. No dedicated forum, but this advice rings true. Unfortunately, after someone is roped in by them, there is only general timeshare advice to help them get started.
 

Passepartout

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Perhaps there could just be a Wastegate "sticky" that simply says STAY FAR, FAR AWAY!
OK. No dedicated forum, but this advice rings true. Unfortunately, after someone is roped in by them, there is only general timeshare advice to help them get started.
 

AlbertST

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Hello
We bought a TS with west gate on 2015, by the time we realized that it was a bad idea it was over a year, since then i have tried to contact wetgate and find a way to cancel it but they keep telling us that the only way is to sell it to someone else (obviously no one wants to buy it)
At this point we are desperate, and i just found this forum.
We are not from US and we are planing to go on september as the last option.
Please help us with any advice.
 

DeniseM

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Going to the resort will not help at all - the resort itself has nothing to do with cancelling ownerships. I definitely would not go to the resort - they will just try to talk you into "cheaper" alternatives that will actually cost you more - don't go!

The only way to get out of it is to let it go into foreclosure. If I lived outside the US, I would just stop paying and let them take it back. You may get a few phones calls or letters from them, and then after awhile they will give up and foreclose on it.

As long as you keep paying - they will not take it back.
 

AlbertST

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Going to the resort will not help at all - the resort itself has nothing to do with cancelling ownerships. I definitely would not go to the resort - they will just try to talk you into "cheaper" alternatives that will actually cost you more - don't go!

The only way to get out of it is to let it go into foreclosure. If I lived outside the US, I would just stop paying and let them take it back. You may get a few phones calls or letters from them, and then after awhile they will give up and foreclose on it.

As long as you keep paying - they will not take it back.
What legal consequences could we face?
I was told that we could lose the Visa, but what could happen if it goes to foreclose?
 

Passepartout

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What legal consequences could we face?
I was told that we could lose the Visa, but what could happen if it goes to foreclose?
It may make getting credit in the US more difficult or costly. Not knowing where you live, we can't know if a foreclosure might affect your credit report at home. The general consensus here is that for non-Americans, there is no consequence.

No one will check your credit score when you enter the US. It will have ZERO effect on your ability to travel.

Jim
 

AlbertST

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Thank you so much we really appreciate all the help
Im sorry to keep asking but i have like a thousand questions
1) Is there a time for the credit records to expire? for example in Costa Rica after 5 years all the credit records get deleted, Im asking because i have Visa for 10 years so if they get deleted before that there should be no problem once i have to ask for it again.
2) the share time in under the name of my mother in law, my wife and me, we were thinking about asking them to remove 2 of us from the contract and leave just one (in case there are issues with the Visa in a future) is this possible?
3) I was thinking if accepting a "cheaper alternative" is like a new contract and we will have the option to cancel before the 15 days, don't believe they are so ingenuous,
Once again thank you for the help
 
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