[ 2014 ] Cancelling a Westgate Timeshare [merged]

[Passepartout]

We are told there is a hidden pocket inside the notebook where the contract is found. With your signed rescission letter, include the sentence, " Promotional materials to be returned under separate cover". Then do it cheapest way. Like mule train. Or via China by slow boat.

Congrats on finding us in time, and acting on it.

Jim

 

[propskis]

The people who made this thread said they sent it from Canada Post and that it all worked out. But the Public Offering Statement says "By prepaid United States Mail"...

Is it still legal if I send it from Canada? Or do I have to mail it from the US?

Sorry for all the questions but I am freaking out right now

 

[Karen G]

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.

I don't know how the post office does it in Canada, but in the US you can sent letters by certified mail with an official receipt from the post office that is affixed to the envelope and you get a receipt that is date stamped at the post office. You are able to track the letter online and see when it was delivered. You just have to have proof that mailed it within 10 days, not that the recipient received it within the 10 days. Mail it today and you'll be fine.

 

[Karen G]

The people who made this thread said they sent it from Canada Post and that it all worked out. But the Public Offering Statement says "By prepaid United States Mail"...

Is it still legal if I send it from Canada? Or do I have to mail it from the US?

Sorry for all the questions but I am freaking out right now

Based on the other Canadian person's experience, I would think you're okay with mailing it from Canada. But, are you near the US border? If it's not a lot of trouble and it would make you feel better, drive across the border and mail it.

 

[propskis]

I'm real close to the border, but it's a long weekend and it gets crazy busy. I'm going to try and send it tonight from Canada, and if I don't hear anything back then I'll mail it from Detroit.

Just to be sure. I signed the deed on August 27 around 2pm. Does the 27th count as a day or is day 1 on the 28th?

Thank you all so much for the info. I am forever indebted for all the info you've shared. If all goes smoothly you can expect a nice donation to TUG from me. I plan on staying active on the boards so I can also be of service to anyone who gets screwed over by these clowns in the future!

 

[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.

Hello,

Yes I gave them a down payment, and the money was refunded to the same card I paid it with.

 

[Karen G]

Just to be sure. I signed the deed on August 27 around 2pm. Does the 27th count as a day or is day 1 on the 28th?

I think day 1 would be the 28th.

 

[solecito]

Hi sorry that I didn't reply sooner. I actually mailed it through Canada Post and through UPS.

 

[solecito]

I set my letter from Canada through UPS and Canada Post as well. My conract was cancelled and my down payment refunded.

 

[K_I_P]

Hello,

I purchase a Westgate timeshare in Orlando on Aug 27. I saw this forum and decided it was not a wise purchase. I sent rescission letters to two addresses listed on the deed on Sept 2. I then sent rescission letters to three addresses, two from before and the third from this forum on Sept 4. All five letters were sent certified mail. I see in many places that I need to follow the rescission instructions on the contract, however there are no instructions, and the people who sold this to me were not helpful. I included the contract number, purchase dates, and quoted the Florida statute for cancellation. Both my wife and I also signed the letter. Do I need to worry about Westgate not canceling my timeshare contract? Thank you.

 

[Passepartout]

I included the contract number, purchase dates, and quoted the Florida statute for cancellation. Both my wife and I also signed the letter. Do I need to worry about Westgate not canceling my timeshare contract? Thank you.

Welcome to TUG.

You should be fine. It appears you crossed all the 'T's. You'll know for sure when/if some clown from Wastegate calls to try to sweeten the deal/talk you out of rescission/or says your reason wasn't good enough. They have absolutely no pride.

Worry not. You have all the proof necessary to show your intent. You may want to formally contest the charge with your credit card provider. It has to be done in writing. Probably unnecessary, but worth a good night's sleep.

Glad we could help.

Jim

 

[K_I_P]

Welcome to TUG.

You should be fine. It appears you crossed all the 'T's. You'll know for sure when/if some clown from Wastegate calls to try to sweeten the deal/talk you out of rescission/or says your reason wasn't good enough. They have absolutely no pride.

Worry not. You have all the proof necessary to show your intent. You may want to formally contest the charge with your credit card provider. It has to be done in writing. Probably unnecessary, but worth a good night's sleep.

Glad we could help.

Jim

Thank you. I will listen for the phone calls, I believe the first round of letters arrive today. I will dispute the charge on my new Westgate credit card, hopefully that goes well.

What a great site!

 

[theo]

...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.

In the eyes of the law, the only date that matters is the postmark date, not a date you type on the letter, not the date of later receipt. This is precisely why it is recommended that you use certified mail at a U.S. Post Office; in so doing you receive documentary proof of postmark date right then and there at the USPS counter.

 

[virby]

Canellation Westgate

I am new and learning to work this forum....

 

[virby]

I set my letter from Canada through UPS and Canada Post as well. My conract was cancelled and my down payment refunded.

Hello,

Yes I gave them a down payment, and the money was refunded to the same card I paid it with.

Hi! I purchased a timeshare from Westgate Orlando on Sept 25 and mailed my recission letter on Oct 1, certified mail, U.S. mail and 2 day mail. I did not have anything in my binder about cancelling and was told I would receive a CD within 6-8 weeks. My question for the people who have received a refund is, did you return the binder? If so, did you do it on your own or did Westgate contact you to send it back? I do not want to pay for a binder that I care nothing about. Thanks

 

[K_I_P]

Hi! I purchased a timeshare from Westgate Orlando on Sept 25 and mailed my recission letter on Oct 1, certified mail, U.S. mail and 2 day mail. I did not have anything in my binder about cancelling and was told I would receive a CD within 6-8 weeks. My question for the people who have received a refund is, did you return the binder? If so, did you do it on your own or did Westgate contact you to send it back? I do not want to pay for a binder that I care nothing about. Thanks

I received a letter from Westgate that they canceled my contract and they refunded my money, except for $50 for the binder (they state in the letter that they withhold this until the binder is returned). I did not send back the binder when I sent the rescission letter. I did send back the binder after receiving the letter, and I am waiting for the $50 to be refunded (it has been a couple of weeks). I am trying to dispute this with the credit card; however they want me to first contact Westgate to see if this can be worked out. :annoyed:

 

[Passepartout]

Hi! I purchased a timeshare from Westgate Orlando on Sept 25 and mailed my recission letter on Oct 1, certified mail, U.S. mail and 2 day mail. I did not have anything in my binder about cancelling and was told I would receive a CD within 6-8 weeks. My question for the people who have received a refund is, did you return the binder? If so, did you do it on your own or did Westgate contact you to send it back? I do not want to pay for a binder that I care nothing about. Thanks

We are told that the contract and rescission instructions are in a hidden velcro secured flap inside one of the covers of the binder. The 'wait for the DC' business is a delaying tactic to get you to delay past the legally allowable rescission period. IMO, nothing in that binder is worth $50. Send it back.

Jim

 

[Hunter007]

Contract cancellation with Westgate Las Vegas Resort

I am new and have learned so much here. I too got sucked into the high pressure sales tactic and misrepresentation. Unfortunately, I am beyond the 5 calendar days recission period for NV. I was never given the POS but briefly mentioned by an Agent/notary. They managed to place a copy in the portfolio right before we were rushed out. I never even seen the statement on the contract during closing until I open my copies last night. Bottom line, the contract was not what I thought I signed up for after reading the fine print. HUGE lesson learned! Good thing is, i haven't paid a dime yet. Down payment of $2100 will be charged to my credit card on 11/17/14 but I have already cancelled my credit card. I do have a witness with me the entire time so he can support my position that the contract is not what I was promised. I sent my letters today certified to Westgate and NV Attorney General. Since I do have a witness who have heard all the lies and the promises, do I stand a chance of canceling my contract?

 

[Passepartout]

I sent my letters today certified to Westgate and NV Attorney General. Since I do have a witness who have heard all the lies and the promises, do I stand a chance of canceling my contract?

How far beyond the legit rescission period are you? If it's a day or two (some states allow 7-or more), you might have a chance. Expect Wastegate to play hardball. Letters, emails, phone calls. Don't answer them. They might turn you over to collection. They might turn in a bad credit report on you. If they do that, you have the right to file an explanatory letter. I guess at this stage, just play it as it comes. Even if you do suffer a 200 point ding to your credit report, after a couple of years, that can be improved, and you'll still have the 10's of thou$and$ Wastegate would have charged you for something that has zero financial value.

Keep us informed.

Jim

 

[theo]

<snip> I do have a witness with me the entire time so he can support my position that the contract is not what I was promised. I sent my letters today certified to Westgate and NV Attorney General. Since I do have a witness who have heard all the lies and the promises, do I stand a chance of canceling my contract?

Not offering a legal opinion, advice or prediction. I'll simply note that the written content of the contract you voluntarily signed is what truly matters in the final analysis.

The verbal sales weasel drivel you (and / or your witness) may recall having heard floating around in the air beforehand has no particular legal meaning or significance.

I sincerely wish you luck, but you definitely have an uphill climb ahead with your signature voluntarily affixed to a valid contract, with the rescission period provided to you by state law having apparently already expired. Your unfortunate position is also not helped by the fact that in Nevada a rather impressive package of rescission (cancellation) rights and forms and notice materials is provided to the buyer at the time of contract execution.

Again, I wish you luck; it's definitely worth expending some effort to at least try to get yourself out of any Westgate purchase.

 

[Hunter007]

Canceling Westgate

Thank you all for your insight. My contract was dated 10/18/14 ( Saturday) so my letter was on day 13th. Not a good thing. They were supposed to charge on card for the down payment of $2100 but never did. So thankful for that! I have a house and a car so I'm willing to deal with bad credit if I have to. With no money exchanged hand, I would think that any attorney would say the contract is not finalized. I am hoping for a favorable outcome. I will update you guys on it.

 

[Saintsfanfl]

Thank you all for your insight. My contract was dated 10/18/14 ( Saturday) so my letter was on day 13th. Not a good thing. They were supposed to charge on card for the down payment of $2100 but never did. So thankful for that! I have a house and a car so I'm willing to deal with bad credit if I have to. With no money exchanged hand, I would think that any attorney would say the contract is not finalized. I am hoping for a favorable outcome. I will update you guys on it.

Money doesn't have to change hands for a contract to be "finalized". It only needs to specify that money (or something else) is owed. Hopefully it ends up being a non issue in your case.

 

[Saintsfanfl]

Even if you do suffer a 200 point ding to your credit report, after a couple of years, that can be improved, and you'll still have the 10's of thou$and$ Wastegate would have charged you for something that has zero financial value.

One can also file a dispute on the credit report. It used to be very easy to get something removed when they first implemented the law allowing removal but now it is more difficult with the result possibly being a note of dispute rather than removal. It might still be worth trying.

 

[theo]

Money doesn't have to change hands for a contract to be "finalized". It only needs to specify that money (or something else) is owed. Hopefully it ends up being a non issue in your case.

+1. While I decline to offer any form of legal advice or opinion on the OP's unfortutunate predicament, I certainly and sincerely hope that the OP will not choose to labor under the delusion that the contract is somehow magically invalidated merely by his or her having preemptively cancelled a credit card. It just ain't so.

I wish you luck, OP. Your best (...maybe even your only) hope for contract cancellation now is that state AG involvement (if AG office opts to get involved at all in the first place, which is a very long shot in the absence of any actual, demonstrable legal wrongdoing by Westgate -- and no, lying sales weasels doesn't qualify) would be sufficiently unwelcome to Westgate that they might just voluntarily release you from your contract. Frankly however, I would not advise holding your breath while waiting for any such voluntary release or for any other unlikely miracle to unfold in your favor. Nonetheless, I wish you luck.

 

[Hunter007]

Update

Just as you said, WG will play hardball. Just got the letter from them (see below). I also got a letter from AG telling me they do not get involve with private citizen's complaint but provided addresses to the NV BBB and NV Real Estate Division as these agencies have authority and jurisdiction to assist me with my complaint. I am sure I will have to live with the bad credit and wait for this to go to foreclosure but in the meantime, I will complain as much as I can for others to see before they make any purchases from wG. Below is the content of WG letter:

This letter is to acknowledge that we have received your letter of intent to cancel your contract of ownership with Westgate Resorts. Though such requests are relatively infrequent in our company, we take each one seriously and handle it with the professionalism and courtesy demanded by the real estate laws and business ethics guidelines of the state in which you purchased.

Our corporation does not form the laws that regulate our business; they are created by the government, on both federal and state levels, to control the relationship we share. As is stated in the contract documents you signed, you have a state regulated rescission period during which you may terminate this agreement for any reason. After the rescission period has expired, both Westgate Resorts (seller) and you (purchaser) are bound by our contractual agreement.

Accordingly to either the postmark date of your request (if mailed by USPS) or the date of the receipt of your request by Westgate Resorts (if sent via any means) your state mandated rescission period has expired. Therefore, we cannot terminate our contract. However, we look forward to serving you in the future and helping you understand the many wonderful opportunities and options you now have as a Westgate owner.

For further assistance, please feel free to contact the Owner Relations Department.