Cancellation of Westgate Timeshare

[Woodsgirl]

My husband and I recently went on a weekend getaway for our anniversary in Gatlinburg,TN and were approached to attend a sales pitch at a nearby resort. We went and what was supposed to be 90 min turned into a sales marathon. In the end, due to our stupidity we bought into the Westgate Smokey Mtn Resort. This occurred on Sunday 9/13/15. I immediately felt uncomfortable with what we had done and started searching for ways to cancel the contract. Hidden inside the folder we were given, and I mean hidden to where I almost had to tear the thing apart to find it was the paperwork all sealed up in an envelope with packing tape. I had to get scissors to open it! I read that cancellation was an option if a letter was sent within 10 days to a Florida address. I immediately wrote the letter, we both signed it directing them to cancel our contract and reverse any charges made to a credit card. I sent the next day 9/14/15 via certified mail return receipt requested and it was confirmed that it had arrived and was signed for on 9/15/15. On 9/19/15 inboxed up the owners materials given, all promotional material and a follow up letter reiterating our desire to cancel this contract and again sent certified with the arrival being 9/21/15. On 9/20/15 my husband and I both received a phone call from the closing agent at the resort leaving a voicemail stating that they were "following up" on our account. We declined to answer. Again today 9/22/15 we both received the same phone call with voicemail about account follow up and again declined to answer. Tomorrow will be the 10th day since signing so we are well within our rights and timeframe to cancel. It has been tempting to call this person back just to see what they have to say, but have been afraid to speak with anyone because I don't want any future communication with them that is not in writing. I even have the closing agent's cell phone number and have been tempted to text instead but have not done that either. We put no money down but they opened a master card at the time the contract was signed and have already charged it with the down payment. Master card said I can dispute the charges with the documentation that I have that I cancelled which is what I plan to do if the charges are not reversed before the bill comes. Trying to cover all bases as I have read some of the others experiences on here with Westgate. Many say don't talk to them under any circumstance, however I would like to know when this will all be over. Any other words of wisdom? This has made me a nervous wreck!! Thanks in advance for advice!

 

[DeniseM]

A gentle suggestion - click EDIT at the bottom of your post and add some paragraph breaks for readability.

I wouldn't call, because a phone conversation has no legal standing - in other words, it just doesn't matter what they say over the phone, so there is no point talking to them.

If you call they will absolutely put on the full court press to try to get you to change your mind - they will not be helpful, and they will lie to you (some more.)

10 days is way too soon for a recession to be processed - I'd expect it to be more like 30 days.

 

[Passepartout]

Woodsgirl, I wouldn't worry. It appears you postmarked the rescission in time, and sleazy as they are, even Wastegate (as they are known here) won't mess with a rescission. It's the law that they MUST process it. However, they are under no obligation to keep you apprised of the progress of the rescission. They have up to 45 days to credit your credit card for any down payment. You might notify your CC that a rescission is in the works, but don't cancel the account. Re-reading the OP, revealed that they opened a dedicated card for you. Keep it until your credit comes in then cancel before an annual fee is charged.

Sorry you got involved with the 'worst of the worst'. Stay off the phone with them- it has no standing, and can only gum up the works.

Go have a beer. Relax. You're among friends here. We've heard it all before, and are absolutely thrilled that you got your letter off in time. We've posted about the hidden pocket and even had a nice lady in England post pictures I n the hopes it helps others.

One quick caution. Return all their junk- except gifts that were promised for attending the presentation. Do it by cheapest means and keep the postal receipt. Those sleazebags will charge you for their worthless promotional material. Again, re-reading the OP revealed that you've already sent their crap back. Good job.

By the way, how much are you saving by rescinding? We're keeping a total.

Welcome to TUG!

Jim

P.S. as Denise said, a few paragraph breaks would sure help the readability of your post. We wish you well.

 

[Woodsgirl]

Thank you for the replies. I will try to chill until this is all over. Sorry about the readability of my lengthy post.

 

[TUGBrian]

definitely hard to remain calm when so much money is on the line, but you did the right thing and just have to be patient...as long as you have the postmark receipt showing you mailed it to the correct address before the rescission period was up, you are golden!

you can think back on this and let out a collective sigh of relief when you take your first vacation at your newly purchased resale timeshare you got for pennies on the dollar =)


So glad you found us in time to rescind and save thousands! Welcome to TUG!

 

[Woodsgirl]

Came home to a priority mailed from Westgate stating that it was determined that in an audit of our customer files that the "Note for the Balance" was incomplete. They sent all of the documents for us to sign, notarized and send back.

At the time of purchase I refused to finance with them and the huge interest rate and told them I would secure my own financing. The only thing I did do was to open a master card account for the down payment. I have already called the master card people to send me a dispute form to fill out if this doesn't get settled before the first bill.

My question: Is there any reason in light of them sending these documents that I should try to contact them and tell them about the cancellation letter sent within the 10 day timeframe? Clearly whoever received the letter hasn't notified this department yet. Kind of freaking out as to what to do now. We have remained silent to this point.

Any advice in a situation like this? Thanks

 

[vacationtime1]

Not only did you rescind in a timely manner, but it also appears that you didn't sign all of the required documents at closing. So Wastegate cannot close this transaction anyway. You are in great shape.

Obviously, don't sign the documents. Just as obviously, continue to do nothing. Don't call; don't write. Eventually, Westgate will figure out that this transaction cannot close for two independent reasons.

 

[Woodsgirl]

Yes in looking over my documents, on the "Note" only my husband signed. I did not so I guess that is where the problem lies for them. They sent me a postage paid envelope to send the signed and notarized document back.

I am tempted to print off a copy of the letter originally sent, sign it, make copies of all of the postal tracking information and use their postage paid envelope to obviously notify their contract department of our rescission one day later.

Just a thought?

 

[MuranoJo]

Yes in looking over my documents, on the "Note" only my husband signed. I did not so I guess that is where the problem lies for them. They sent me a postage paid envelope to send the signed and notarized document back.

I am tempted to print off a copy of the letter originally sent, sign it, make copies of all of the postal tracking information and use their postage paid envelope to obviously notify their contract department of our rescission one day later.

Just a thought?

I wouldn't go to the extra effort. You are obviously in the clear and have followed the rescission instructions in the 'hidden' details, within the cutoff date.

I'm sure this is an unsettling time for you until all is finalized, but try your best to 'just chill out' and relax. I know, easier said than done, but really you have no need to further communicate with these guys.

 

[Woodsgirl]

Received today a "welcome" letter and a credit card statement for the amount billed to a Westgate issued MasterCard at the time the contract was signed. I called MasterCard that was issued via Westgate to tell them that a rescission was in the process but they said they could not cancel the card since the charge had already been made and I would need to dispute the charge.

However the representative from MasterCard also said that if it did not get taken care of by the time the bill was due, that I would at least have to pay the minnimum amount due to not damage my credit. I don't want to pay anything for fear of Westgate saying that I must have been in agreement with everything or else I would not have paid the charge.

The fine print on the contract states that refunds must be made within 30 days of the rescission request but the only thing we have heard is a couple of avoided phone calls and a follow up email from the closing officer stating that she was waiting us "to see if she could help". She went on in the email to make a couple of special offers to us if we just reply to her email. Of course we did not but her reaching out to us made me believe that she had been notified of the rescission letter sent.

If this Westgate MasterCard charge does not get credited or reversed by the due date will paying a minnimum charge to not damage my credit do anything to halt all of the work I have done so far to get this contract cancelled? I am hoping it will be over by then as the 30 days from the receipt of the certified letter was 9/15/15 and the MasterCard bill due date is 10/20/15. Their 30 days should be up by 10/15/15. Anybody dealt with this issue of the Westgate issued MasterCard bill dilemma?

Thanks

 

[Ty1on]

Received today a "welcome" letter and a credit card statement for the amount billed to a Westgate issued MasterCard at the time the contract was signed. I called MasterCard that was issued via Westgate to tell them that a rescission was in the process but they said they could not cancel the card since the charge had already been made and I would need to dispute the charge.

However the representative from MasterCard also said that if it did not get taken care of by the time the bill was due, that I would at least have to pay the minnimum amount due to not damage my credit. I don't want to pay anything for fear of Westgate saying that I must have been in agreement with everything or else I would not have paid the charge.

The fine print on the contract states that refunds must be made within 30 days of the rescission request but the only thing we have heard is a couple of avoided phone calls and a follow up email from the closing officer stating that she was waiting us "to see if she could help". She went on in the email to make a couple of special offers to us if we just reply to her email. Of course we did not but her reaching out to us made me believe that she had been notified of the rescission letter sent.

If this Westgate MasterCard charge does not get credited or reversed by the due date will paying a minnimum charge to not damage my credit do anything to halt all of the work I have done so far to get this contract cancelled? I am hoping it will be over by then as the 30 days from the receipt of the certified letter was 9/15/15 and the MasterCard bill due date is 10/20/15. Their 30 days should be up by 10/15/15. Anybody dealt with this issue of the Westgate issued MasterCard bill dilemma?

Thanks

Formally dispute the charge near the due date, and they should suspend it pending investigation.

 

[DeniseM]

When you get the credit card statement, look at the terms on the back. I bet it says you have to dispute the charge in writing.

You should do that, with a firm and brief letter. Don't ask if you can dispute it, state that you ARE disputing it. Be sure you use a verifiable mailing method.

To Whom it May Concern:

On [date] I exercised my legal right to rescind my timeshare purchase with Westgate - please see enclosed documents. (Include copy of letter to Westgate.)

On [date] Westgate charged [$XXX] to my credit card even though I specifically directed them not to.

I am disputing this charge, and all future charges that may be made on this credit card.

I also want this credit card account closed immediately.

Send a copy to Westgate, as well.

 

[Woodsgirl]

The person I spoke with at MasterCard said she was sending me dispute forms to fill out and it could take 8-10 days. (That was last week and still haven't arrived). Westgate made this charge the very day we signed and I sent the rescind letter the very next day priority overnight certified mail. The statement says that any failure to make a minnimum payment on time will result in notification to the credit bureau.

Believe me I kick myself everyday for getting involved in this nightmare. I just want it over!!! Someone actually called my husband about the "incomplete" signatures on the contract and when was he sending them back and he said I'm not and hung up the phone.

This has been nothing but a stressful nightmare!! Now I don't want to pay anything on this card! I sure hope they credit it before the due date!

 

[DeniseM]

Don't wait for the forms - write the letter.

Don't make the payment.

 

[Atbravgirl]

Hi,

I realize your last post was 9 months ago but I have a question about canceling our Westgate Resort contract. We signed the contract on June 7, 2016. We decided after we got home that we did not want this timeshare. I wanted to read the contract to see what my options are. The problem with that is the contract must be on tablet they gave us to view our timeshare info book our trips. We did sign most of the paperwork on tablets in the closing. We have not turned on the tablet or registered anything because we wanted to cancel.

We also did not make a down payment. We were approved for the credit card, which we received today. Then we are to pay another amount from our checking account on 6-28-16. We weren’t sure if we should call the closing officer and say we want to cancel and see what she says or what to do. I am tempted to close the checking account so they can’t get any down payment.

I found the taped envelope you mentioned and there a computer DVD that contains our contract and states we can cancel within 10 day. Does that mean 10 business days? 10 Business days will be today so I am going to send the letter today and see if it will work.

If anyone can advise us on what to do it will be greatly appreciated.

 

[theo]

We signed the contract on June 7, 2016. <snip>

Under applicable Florida law, your latest eligible date to get a rescission (cancellation) letter postmarked was June 17, 2016. The 10 days rescission period in Florida is (along with Tennessee) among the longest in the U.S.. In most states, the rescission postmark deadline is 5-7 days and is actually as few as 3 days in several states.

At this juncture, you can really only hope that Westgate may still voluntarily honor and process your (otherwise already too late) submission of a rescission letter.
It's frankly not a bet that I'd personally be willing to place but, as the saying goes, "hope springs eternal".

Don't call or email those weasels. Conduct any and all of your communications only in writing and under signature. I hope that you used certified mail to send your belated rescission letter, although technically it is being submitted too late anyhow. Westgate certainly doesn't have to honor a rescission request postmarked and submitted days after the applicable state law rescission period has already ended, but here's hoping that they might still opt to do so for you anyhow. Good luck!

 

[LannyPC]

If anyone can advise us on what to do it will be greatly appreciated.

I'll echo what Theo said about at least giving it a shot. You have nothing to lose by trying. But I'll also add this.

If Westgate denies your rescission, do not go seeking the help of law firms, charities, Viking Ship companies, or "relief" companies. They will charge you a hefty fee and might not even accomplish what you paid them (thousands of dollars) to do.

In such a situation, I would maybe talk to Westgate or the resort and say, assuming you have not paid the mortgage in full yet, that you will not be paying another penny in mortgage and if they want to foreclose, so be it. Westgate might realize that you are serious and take the TS back (along with the money you've paid so far) but at least you will not be sinking more money into this financial mistake.

Please keep us posted as to what happens.

 

[theo]

<snip> In such a situation, I would maybe talk to Westgate or the resort and say, assuming you have not paid the mortgage in full yet, that you will not be paying another penny in mortgage and if they want to foreclose, so be it. Westgate might realize that you are serious and take the TS back (along with the money you've paid so far) but at least you will not be sinking more money into this financial mistake.

I believe this to be good advice after OP's belated rescission attempt is denied (or perhaps more likely, simply ignored by Westgate). In the meantime (...as in today), OP might consider cancelling the associated credit card and getting account numbers changed on any checking (or any other) bank account(s) about which Westgate might have knowledge. That way, if Westgate declines to process the late rescission request, they will still have no direct access to OP funds, leaving Westgate few options other than foreclosure (or reconsideration of their initial denial of the late rescission request) once the strength of OP's resolve becomes very clear to them.

In any scenario, I hope OP takes proactive measures (...without spending another dime) to not get mired in any long term involvement with the likes of Westgate.