[ 2014 ] Cancelling a Westgate Timeshare [merged]

[Grammarhero]

Update- they called me and my husband wanting to talk about the letter. We haven’t answered their calls

You are not obligated to. Mind telling us how much was your TS?


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[CV0615]

It seems like you’re good. Sorry. Should have clarified. If you don’t mind my asking, how much was your TS?


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$18,000

 

[JHT]

I sent in our recession letter and did everything right. The closing officer called me and said she got the letter. I told her that I want it cancel my contract as it States in my letter. She told me she was going to get with her manager to give the refund. I get a weird email today with new terms. I never spoke to anybody about terms,have not signed anything. Can some explain to me What the part means to "look in your contract if you do not agree?" I have already sent letter and not want this offer.
I sent an email stating that I never had this conversation of any new business. I said we Do not agree to any old or new terms as we wish to not have any further business
We Send our recession letter and we want our refund.Do I need to do anything else?

 

[Passepartout]

I sent in our recession letter and did everything right. The closing officer called me and said she got the letter. I told her that I want it cancel my contract as it States in my letter. She told me she was going to get with her manager to give the refund. I get a weird email today with new terms. I never spoke to anybody about terms,have not signed anything. Can some explain to me What the part means to "look in your contract if you do not agree?" I have already sent letter and not want this offer.
I sent an email stating that I never had this conversation of any new business. I said we Do not agree to any old or new terms as we wish to not have any further business
We Send our recession letter and we want our refund.Do I need to do anything else?

Hang on to those emails and if they call again- ignore them! They have asked leading questions and said 'people changed their mind'. There's a reason we call them Wastegate!!

 

[JHT]

This is exactly what I sent back. My question is do I need to send and another letter Because I don't agree to any new terms?I replied with this message.

 

[Grammarhero]

This is exactly what I sent back. My question is do I need to send and another letter Because I don't agree to any new terms?I replied with this message.

How much was your rescinded Ts contract? Don’t pick up any more calls. New terms likely not enforceable if you never replied Agree. It does not appear new terms were signed or notarized. Keep a hold of your emails.

 

[Passepartout]

This is exactly what I sent back. My question is do I need to send and another letter Because I don't agree to any new terms?I replied with this message.

For the cost of postage it might give you some peace of mind.

 

[Grammarhero]

For the cost of postage it might give you some peace of mind.

On second thought, better safe, than sorry. I guess you have to send another rescission letter, then don’t pick up the phone.

 

[Grammarhero]

I sent in our recession letter and did everything right. The closing officer called me and said she got the letter. I told her that I want it cancel my contract as it States in my letter. She told me she was going to get with her manager to give the refund. I get a weird email today with new terms. I never spoke to anybody about terms,have not signed anything. Can some explain to me What the part means to "look in your contract if you do not agree?" I have already sent letter and not want this offer.
I sent an email stating that I never had this conversation of any new business. I said we Do not agree to any old or new terms as we wish to not have any further business
We Send our recession letter and we want our refund.Do I need to do anything else?

As long as you didn’t reply agree, you’re good. But better safe than sorry. You can always send another rescission letter.

 

[JHT]

How much was your rescinded Ts contract? Don’t pick up any more calls. New terms likely not enforceable if just a verbal contract. It does not appear new terms were signed or notarized. Keep a hold of your emails.

Maybe send one more email saying that you may contact the Attorney General if they believe that there is a TS contract based on unsigned, unnotarized, verbal contract.

Only 8,000. I have not spoken to anyone other than the closing officer and told her that we did not want any further business. She said she was going to speak to her manager about getting me my refund Then I got this email. Where they're stating a new terms for 7000.00... My question is do I need to say a new letter for these terms even though I never agreed to any?

 

[JHT]

I don't understand what I would send a recession letter for the previous agreement or this new terms? I haven't signed anything agreeing to any new terms nor have spoke to anyone about them.

 

[Grammarhero]

Only 8,000. I have not spoken to anyone other than the closing officer and told her that we did not want any further business. She said she was going to speak to her manager about getting me my refund Then I got this email. Where they're stating a new terms for 7000.00... My question is do I need to say a new letter for these terms even though I never agreed to any?

You might not need to. But you may want to cover your bases. Your chances of the rescission being successful is about 95 percent. But if you send in another rescission letter, the success rate is about 99 percent. They may have recorded you and may have manipulated that recording. You never know.

 

[JHT]

I also don't know what they're referring to if I don't agree to new terms look in my contract documents.

 

[Passepartout]

Only 8,000. I have not spoken to anyone other than the closing officer and told her that we did not want any further business. She said she was going to speak to her manager about getting me my refund Then I got this email. Where they're stating a new terms for 7000.00... My question is do I need to say a new letter for these terms even though I never agreed to any?

Only if there is a different contract number or other identifier that could be construed as different than the original one. I don't think even Wastegate is sleazy enough to try to refuse a rescision, but they never cease amazing me with their pure gall.

 

[JHT]

Would that hold up after the email I sent them?Man what a mess.

 

[JHT]

The account number is still exactly the same as the previous #. ‍

 

[Grammarhero]

Maybe something along the lines of,” I never agreed to a new contact or new terms. However, in the unlikely event that I allegedly agreed to a timeshare contract based on an unsigned, unnotarized, verbal timeshare contract despite my email disavowing such, this is my rescission. I may contact the Attorney General regarding this apparently illegal, and fraudulently “closed” timeshare contract.

 

[Grammarhero]

Would that hold up after the email I sent them?Man what a mess.

I’m about 95 percent sure your rescission would hold up. I need the phone recording. Anyhow, there was no “meetings of the minds” to create a contract. There’s also parole evidence rule, the legal doctrine that the written contract trumps verbal assurances. You’ve written that you do not accept terms of contract, no matter what Westgate says.

 

[JHT]

Thank you for y'alls help.It's insane.

 

[Grammarhero]

We are debating whether to:
1) not play Westgate’s game and ignore Westgate on what is likely (95%) an unenforceable, rescinded contact,
2) play their game, increase legality of rescission and unenforceability to 99+ percent, and threaten to report them to AG.

It’s a tough call.

 

[Grammarhero]

Thank you for y'alls help.It's insane.

Sorry you are in this situation. That is why we advised not to pick up their calls.


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[TheTimeTraveler]

I sent in our recession letter and did everything right. The closing officer called me and said she got the letter. I told her that I want it cancel my contract as it States in my letter. She told me she was going to get with her manager to give the refund. I get a weird email today with new terms. I never spoke to anybody about terms,have not signed anything. Can some explain to me What the part means to "look in your contract if you do not agree?" I have already sent letter and not want this offer.
I sent an email stating that I never had this conversation of any new business. I said we Do not agree to any old or new terms as we wish to not have any further business
We Send our recession letter and we want our refund.Do I need to do anything else?

This is very unfortunate. You should have never spoken to them as they called you in an effort to get you to change your mind on your rescission. In essence that telephone call to you was just another sales call.

I would send another certified letter and save the Postmarked receipt (like I assume you did with your first letter).

In this letter you want to clearly say; "This is to confirm that I sent you a certified letter postmarked on xx,xx,2019 stating that I wish to rescind the contract dated xx,xx,2019 and do NOT agree to any additional or modified contracts with your organization. Please refund 100% of my monies as required by State Law".

Don't give them one inch. They will take a mile!

Keep us posted on when you receive your refund.




.

 

[Passepartout]

The account number is still exactly the same as the previous #. ‍

If it's the same, I see no reason to send another letter. Others may disagree, but the law is on your side and nothing oral on the phone after said after they have received your timely rescission wouldn't stand up legally. even Wastegate knows when they're beat.

Congratulations. Go have a drink. You won.

Jim

 

[JHT]

They were calling me repeatedly.I answerd and told them I do not want the timeshare or any further business. I'm going to send another letter again and in the letter I stated I had sent my letter that states I have already Have rescinded my contract And that I don't agree to any old or new terms. We want it Cancel, I want my refund,and to stop contacting me via phone and email. I only expect a letter/document of my canceled contract. I also stated I will contact the AG.I have my receipt for 1st certified letter I also have my receipt where I sent the owners kit with Signature required.

 

[JHT]

I also have two emails proving that I state I did not speak to anyone about any new terms or agreement and that I have stated the whole time that we do not want our contract and want no further business.
I also said I did not want a contract with them old or new. We wanted our contract canceled and to stop the phone calls and emails. I got a Florida call today and I didn't answer it and if I'm sent anymore emails I'm not answering them either.