[ 2014 ] Cancelling a Westgate Timeshare [merged]

[Hunter007]

Westgate open a credit line with Paypal under my name

Hi all, I want to update my situation with Westgate. I was able to cancel my credit card before they charge my down payment. Well this week I am shocked to open up mail from Paypal Credit in the amount of $2217 (down payment amount). Transaction date 11/3/14 (my contract signed on 10/18/14). Credit line opened without my knowledge and authorization. I called to report I did not open the credit and they will be sending me forms to complete. Do any of you aware of this type of scam by westgate? I'm appalled as to the length of fraudulent action they have taken. Has this happened to anyone?

 

[Passepartout]

Interesting. But simply cancelling the credit card does not cancel the debt of a legally executed and signed contract.

Looking back at your Nov.11 post, the bottom line suggests you contact Wastgate's Owner Relations Dept. Did you?

It appears they are, as suggested, playing hard ball. Unfortunately, you seem to owe them money, and they have found a way to collect it.

Sorry for the reality check. You went beyond the rescission period, and they took advantage of the situation- all along saying, "We don't make the laws, but if they are to our advantage, we'll use 'em against you."

It might be time to figure out how to use your timeshare. Believe me, you are not the first, nor will you be the last TUGger to have paid retail for their first timeshare (actually it's about half of us). Some have even gone back to the developer for more. There is something to be said for nice vacations.

Jim

 

[theo]

Repeating previous answers, raising new questions...

I was able to cancel my credit card before they charge my down payment. Well this week I am shocked to open up mail from Paypal Credit in the amount of $2217 (down payment amount). Transaction date 11/3/14 (my contract signed on 10/18/14). Credit line opened without my knowledge and authorization. I called to report I did not open the credit and they will be sending me forms to complete. Do any of you aware of this type of scam by westgate? I'm appalled as to the length of fraudulent action they have taken. Has this happened to anyone?

We established previously that your rescission was submitted much too late to have to be honored and / or processed by Westgate (although "honor" is certainly a word which should never be used in the same sentence as the word "Westgate"). You later reported that Westgate subsequently also informed you of that fact, in writing.
Another indisputable fact pointed out to you previously was that merely cancelling a credit card would not and does not in any way invalidate or otherwise reverse a signed and properly executed and valid contract, which is a legally binding instrument.

That being said, what you now report as a recent development is a wrinkle I can't recall ever seeing reported previously. IF anyone at Westgate forged your signature on some sort of credit application (I'm not at all familiar with "PayPal Credit" or its' procedures or practices), then you may very well have sound basis for a fraud case, at least for that one specific action. Are you crystal clear and certain regarding exactly what else you may have signed while in the presence of the Wastegate Weasels?
Are you absolutely certain that you have, in your possession, copies of everything that you signed while on site and in the Westgate Weasels' clutches?

 

[Hunter007]

PayPal Credit Line

I reviewed all documents I signed and nothing indicating a credit line with any institution and/or financial terms for my cash down payment. I am making copies to send along with the form for Paypal to support I did not authorize credit line (and not responsible for account open by westgate). I have long accept that westgate will drag my credit down due to lack of payment but open credit without your knowledge and consent is a fraud.

 

[Shantell]

Westgate timeshare the worst

I am now in Orlando for my son 9th birthday, everything was just find until I ran into Westgate sales person. The whole experience was confusing and with lost of pressure. Well I felt for it and last night I decided to go to the BBB. Website to check on Westgate well they are not accredited... Then I ran into this site where thanks to all the posting from everybody's experience I decided to cancels my time share. It has been 4 days since I sing my contract, I send the rescission letter from my hotel. I know they should get it on time I just hope everything work out for the best. I do have that stupid folder they gave me that I'm assuming has to be send.

If any body have any advise please write back and this company has to be stop.

 

[Passepartout]

I am now in Orlando for my son 9th birthday, everything was just find until I ran into Westgate sales person. The whole experience was confusing and with lost of pressure. Well I felt for it and last night I decided to go to the BBB. Website to check on Westgate well they are not accredited... Then I ran into this site where thanks to all the posting from everybody's experience I decided to cancels my time share. It has been 4 days since I sing my contract, I send the rescission letter from my hotel. I know they should get it on time I just hope everything work out for the best. I do have that stupid folder they gave me that I'm assuming has to be send.

If any body have any advise please write back and this company has to be stop.

Shantell, Welcome to TUG. We are glad you found out the truth before it is too late. You should send your rescission letter certifies so that you have proof that it is sent in time. Be sure that everyone that signed the contract signs the rescission letter. Yes, the folder must be returned, or they will charge you something like $50. There is no hurry for that, send it by cheapest means.

They are obligated to process your rescission, but not to hurry about it or give you a progress report. They may take up to 45 days to return your money. They may (will) call you th try to save the sale. More 'specials' and lies. Don't answer it. In fact if you are still there, unplug the phone. No one you want to talk to will call on that phone anyway.

Congratulations! You just saved thousands of dollars!

Jim

 

[Jason245]

I am now in Orlando for my son 9th birthday, everything was just find until I ran into Westgate sales person. The whole experience was confusing and with lost of pressure. Well I felt for it and last night I decided to go to the BBB. Website to check on Westgate well they are not accredited... Then I ran into this site where thanks to all the posting from everybody's experience I decided to cancels my time share. It has been 4 days since I sing my contract, I send the rescission letter from my hotel. I know they should get it on time I just hope everything work out for the best. I do have that stupid folder they gave me that I'm assuming has to be send.

If any body have any advise please write back and this company has to be stop.

Just make sure you sent it certified (preferably with return receipt).

As long as you have evidence as to the day it was mailed and that date mailed was within the recision, you should be fine.

 

[TUGBrian]

congratulations on finding us in time to rescind and save thousands!

Welcome ot TUG!

 

[gtudor]

Hello all, glad I found this site in time! Purchased from Westgate on 5/9 without doing my due diligence (dumb me, I know), thought I was getting a good deal (of course they will tell you anything) and after research found out it wasn't nearly as good, just wanted to show you all the letter I have typed up to see if it covers all of the information I need in order to have my account rescinded and get my money refunded. Please let me know if you need any additional information in order to help process my rescission.

(Me and wife's name)
(Mailing address)
(City, ST, Zip Code)
(Contact Number)
(Email Address)

Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, FL 32819
O: (407)351-3351
(Date of letter [today])

Attention Customer Service,

I am writing to express my intent to cancel my timeshare contract. My name is (my name) and I purchased a timeshare with Westgate Vacation Villas, LLC on 5/9/2015. As stated in the contract regarding this timeshare, I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of the state of Florida.
Timeshare: Westgate Vacation Villas XII
Owner: (My and my wife's name)
Contract Number: XXXXXXX-XXX
Date of Purchase: 05-09-2015

I’ve made the decision to cancel my contract for the following reasons:

1. I made the decision without adequate time to perform market research.

2. I have decided upon performing research that I am unlikely to use the timeshare to the fullest capacity.

Again, I am cancelling my timeshare contract immediately. Please reply with a written response showing you have received my letter within the rescission period and are therefore cancelling my contract. I will also require the information needed to receive the full refund of my initial deposit.

Sincerely,

(My and my wife's name with signature below)

 

[theo]

A few thoughts...

Hello all, glad I found this site in time! Purchased from Westgate on 5/9 without doing my due diligence (dumb me, I know), thought I was getting a good deal (of course they will tell you anything) and after research found out it wasn't nearly as good, just wanted to show you all the letter I have typed up to see if it covers all of the information I need in order to have my account rescinded and get my money refunded. Please let me know if you need any additional information in order to help process my rescission.

(Me and wife's name)
(Mailing address)
(City, ST, Zip Code)
(Contact Number)
(Email Address)

Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, FL 32819
O: (407)351-3351
(Date of letter [today])

Attention Customer Service,

I am writing to express my intent to cancel my timeshare contract. My name is (my name) and I purchased a timeshare with Westgate Vacation Villas, LLC on 5/9/2015. As stated in the contract regarding this timeshare, I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of the state of Florida.
Timeshare: Westgate Vacation Villas XII
Owner: (My and my wife's name)
Contract Number: XXXXXXX-XXX
Date of Purchase: 05-09-2015

I’ve made the decision to cancel my contract for the following reasons:

1. I made the decision without adequate time to perform market research.

2. I have decided upon performing research that I am unlikely to use the timeshare to the fullest capacity.

Again, I am cancelling my timeshare contract immediately. Please reply with a written response showing you have received my letter within the rescission period and are therefore cancelling my contract. I will also require the information needed to receive the full refund of my initial deposit.

Sincerely,

(My and my wife's name with signature below)

1. Where exactly did you get that company name and address? Is it actually specified somewhere within your cancellation instructions? I ask this question specifically because I thought the rescission address was historically Westgate, 2801 Old Winter Garden Rd, Ocoee, FL, but maybe something has changed.

2. You are cancelling, not "expressing an intent to cancel". Change and clarify the wording accordingly. You are giving them direction --- not opening a conversation.
You are exercising a right provided to you by state law --- say so and say so clearly. You're not asking for a personal favor, so tighten up the language accordingly.

3. You do not have to provide any reasons and probably shouldn't. Doing so just gives the sales weasels "material" to plan to work with when they call you later in an effort to "sweeten the deal" and salvage their disappearing sale and commission (don't even answer or return those likely inevitable desperate calls at all anyhow).

4. They are not obligated to provide any written confirmation or verification of any sort, despite your overt request for same. Their only obligation is to process your rescission and issue full refund of your deposit (the refund could take up to 45 days). They might send you something, but they are not legally obligated to do so.

5. Be sure to send your letter by certified mail and save your USPS date stamped counter receipt; this provides you with documentary proof of postmark date.
Date of their actual receipt later matters not one bit.

You asked....

 

[Passepartout]

This is the address we've used successfully in the past:

Westgate Resorts LTD
2801 Old Winter Garden Rd
Ocoee Florida 34761

Send it USPS Certified w/return receipt

No reason is needed. That only gives them ammunition to rebut your decision to rescind.

Welcome to TUG

Jim

 

[gtudor]

What about this then:

(Me and wife's name)
(Mailing address)
(City, ST, Zip Code)
(Contact Number)
(Email Address)

Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, FL 32819
O: (407)351-3351
(Date of letter [today])

Attention Customer Service,

I am writing to cancel my timeshare contract. My name is (my name) and I purchased a timeshare with Westgate Vacation Villas, LLC on 5/9/2015. As stated in the contract regarding this timeshare, I am writing to you within the rescission period to cancel this contract. I am entitled to this rescission period by the law of the state of Florida pursuant to Section 721.07(06), Florida Statutes, and as stated in the “Contract for Purchase and Sale” signed on May 9, 2015 we are entitled to ten (10) calendar days after the date we signed the contract (Contract/Account Number: XXXXXX-XXX signed on May 9, 2015) to cancel any timeshare contract that we have entered into; therefore, we are 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 Vacation Villas XII, 7700 Westgate Blvd. Kissimmee, Florida 34747. Due to this cancellation we expect that the $XXX (US dollars) total down payment that we paid using our credit card Visa ending in XXXX will be credited immediately upon receipt of this letter by you.

Timeshare: Westgate Vacation Villas XII
Owner: (me and my wife's name)
Contract Number: XXXXXXXXXX-XXX
Date of Purchase: 05-09-2015

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 Vacation Villas, Phase XII
7700 Westgate Blvd.
Kissimmee, Florida 34747

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

Again, I am cancelling my timeshare contract immediately. Please reply with a written response showing you have received my letter within the rescission period and are therefore cancelling my contract. I also require the full refund of my initial deposit.

Sincerely,

(me and my wife's name with signature below)

 

[Passepartout]

Looks good to send, but don't expect the 'written confirmarion of receipt'. That won't happen- but if you send it Certified w/returned receipt, you get the confirmation from USPS. Whether they receive ir or not, all the law requires is for it to be postmarked by the end of the rescission period. Sleazy as they are, Wastegate won't trifle with a rescission letter.

I wouldn't be surprised if a salesweasel, or supervisor, or some 'saver' tries to call and save the sale or delay your rescission, or cast some doubt on you when they get the letter. For your own peace of mind, don't answer the phone from anyone you don't know for a while. No good will come from talking to Wastegate.

Jim

 

[theo]

What about this then: <snip>

Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, FL 32819
O: (407)351-3351
(Date of letter [today]) <snip>

To repeat my earlier question, as yet unanswered, where exactly did you obtain this particular recipient name and / or address to which to send your rescission?

I remain puzzled why your letter is neither addressed to Westgate Resorts nor sent to the customary and historical Westgate address of 2801 Old Winter Garden Road in Ocoee, FL. For a very long time now, this has been the appropriate (i.e., only) address and recipient for rescission of Florida purchases of Wastegate. Perhaps you have some material specifically instructing otherwise, but it is obviously important to ensure that your rescission gets sent to the correct recipient and the correct address.

In other words, if you purchased from Westgate Resorts, I fail to understand why your letter of rescission names "Central Florida Investments" as the primary recipient of your rescission letter.

P.S. There is no point or benefit in sending anything to the resort where you purchased. Rescissions are processed at the corporate level, with no resort involvement.

P.P.S. Full refund of your deposit is a legally mandated component of a valid rescission, but rest assured there will be no "immediately" as you've requested. Be sure to return the "binder" and materials provided to you at contract execution, or they can (and will) will charge you $50 for failing to do so, taking that amount right out of your refund (it could potentially take up to 45 days before you actually see that refund issued but it will certainly take at least a few weeks in any scenario).

 

[Passepartout]

Theo, I was going to say pretty much what you did, but assumed (you know what THAT means) that the OP is taking the 'belt AND suspenders' approach. I saw the 'correct' address among his CC's. Sometimes it just FEELS better to pull the trigger on a shotgun than a sniper rifle.

His approach will get the job done and the Post Office can use the money.

Jim

 

[gtudor]

How long before I start getting phone calls and/or some sort of confirmation that they recieved my letter? Also probably should've asked this before but I didn't see anything that said contract number on my Warranty Deed and Lien on Real Property document. Can you guys advise if I did it correctly? If not, I have until tomorrow (10th day from purchase) to send an updated Rescission letter as they received the ones I sent last week on Friday.

 

[theo]

How long before I start getting phone calls and/or some sort of confirmation that they recieved my letter? Also probably should've asked this before but I didn't see anything that said contract number on my Warranty Deed and Lien on Real Property document. Can you guys advise if I did it correctly? If not, I have until tomorrow (10th day from purchase) to send an updated Rescission letter as they received the ones I sent last week on Friday.

As already stated previously, you won't necessarily get any "confirmation" of any sort, as they are under no legal obligation to provide any such thing at any time.
They must, by law, process your rescission (cancellation) and issue you a refund within 45 days --- no more and no less.

I wouldn't worry about contract number. If your correspondence clearly and specifically identified the purchase being rescinded, that's all that ultimately matters.

It is conceivable (...although unlikely) that you'll never actually get any desperate "save my sale" and "we'll sweeten the deal" phone calls from Westgate.
The fact that you specifically cited applicable Florida law by specific statutory reference in your rescission letter might "label" you a well informed "lost cause" and beyond "salvation", in which case they'll just shrug their shoulders, sigh in disappointment and wait for the next sucker potential buyer to step into their lair of lies.

Good job, well done. Really and truly, you just don't don't want anything to do with Wastegate; you're doing yourself a great service by rescinding.

P.S. I still have no idea on earth where or how or why you got that "Central Florida Investments" name and / or address.

 

[gtudor]

As already stated previously, you won't necessarily get any "confirmation" of any sort, as they are under no legal obligation to provide any such thing at any time.
They must, by law, process your rescission (cancellation) and issue you a refund within 45 days --- no more and no less.

I wouldn't worry about contract number. If your correspondence clearly and specifically identified the purchase being rescinded, that's all that ultimately matters.

It is conceivable (...although unlikely) that you'll never actually get any desperate "save my sale" and "we'll sweeten the deal" phone calls from Westgate.
The fact that you specifically cited applicable Florida law by specific statutory reference in your rescission letter might "label" you a well informed "lost cause" and beyond "salvation", in which case they'll just shrug their shoulders, sigh in disappointment and wait for the next sucker customer to come along into their lair of lies.

Good job, well done. You really and truly don't want anything to do with Wastegate; you're doing yourself a great service by rescinding.

P.S. I still have no idea on earth where or how or why you got that "Central Florida Investments" name and / or address.

Sorry I didn't respond to that sooner, when I googled their corporate address, that's the one I found. It was also one of the addresses in my binder.

 

[theo]

Sorry I didn't respond to that sooner, when I googled their corporate address, that's the one I found. It was also one of the addresses in my binder.

I believe that the one and only correct address to have used for your rescission letter was 2801 Old Winter Garden Road in Ocoee, FL but, as Jim pointed out in post #65 above, the correct address was among your various "cc's ", so you got it covered in the end anyhow. Frankly, I don't believe that the Central Florida Investments address was / is appropriate or relevant for any rescission-related correspondence, but surely no real harm done.

What about the binder materials? If you fail to return them you'll likely get charged $50.00 --- they can and will do so. Before returning same to Ocoee, look for the infamous "hidden compartment", where you may belatedly unearth written rescission instructions and other materials which Wastegate didn't necessarily ever want you to find, let alone in time to rescind.

 

[gtudor]

I saw something about the hidden compartment, but the flap I found on the inside that was velcro'ed shut didn't have anything in it, but if there's an additional hidden compartment that I'm unaware of I'd definitely like to find it. I haven't sent back the binder yet, do I need to wait for something from them or just go ahead and send it back?

 

[theo]

I saw something about the hidden compartment, but the flap I found on the inside that was velcro'ed shut didn't have anything in it, but if there's an additional hidden compartment that I'm unaware of I'd definitely like to find it. I haven't sent back the binder yet, do I need to wait for something from them or just go ahead and send it back?

Personally, I'd just send it back to Ocoee now, since (...if you're lucky) you may hear nothing more from Wastegate until your rescission is actually processed.
IMO, it's better to not give them any reason to withhold $50 from your refund, rather than have to ever communicate with them again at all later to get it back.

 

[alimac65]

Cancellation of timeshare

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.

I purchased a timeshare in Las Vegas for The lakes in Florida on 22nd May 2015 and wish to cancel. Being in the UK I cannot send a letter by USPS and don't think I can send it by any other means to get there in time by midnight on 27th May. Will they accept proof of postage from the UK Royal Mail or is that considered "if sent by any means" and therefore the date of receipt will be used? Also because I signed the agreement in Nevada do I get 5 days to cancel or 10 days because the property is located in Florida?

Many thanks in advance for any help you can give me.

 

[Jason245]

No idea. Just to be safe I would send it via FedEx next day delivery and via royal post with some type of tracking and delivery confirmation keeping all receipts to prove shipping date. Read the contract to confirm your recision period.

 

[Karen G]

Being in the UK I cannot send a letter by USPS and don't think I can send it by any other means to get there in time by midnight on 27th May.

They most important date is the date you mail/send it, so you need some kind of written receipt showing that you sent it within the rescission period. Whether it's five or 10 days, I don't know, but I would suggest that you send off your rescission TODAY by whatever means you choose and keep the receipt.

 

[alimac65]

Cancellation of timeshare

Thank you guys for replying. I have emailed the four parties involved in the timeshare purchase rescinding the contract one of which is at the head office. I am also sending the original resciding document by both FedEx and DHL so hopefully one of those will get there in time.

I will post an update of my story....and it is a good one....and the outcome when I get any news. Fingers crossed!!!!

I am not adverse to timeshare....just no one was willing to listen to what I wanted!!!!