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Signed paperwork with WestGate yesterday... Trying to rescind...

nzyy912

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Hello all, I've been reading rescission processes on TUG. Thanks to lots and lots of useful posts. I finally realized how stupid yesterday I was at Orlando. I sign all those paperwork without knowing and even googleing Westgate timeshare.

Now I learned from here that I have 10 days (Florida) to rescind this. But I got one serious problem, which is I don't see the rescission processes in the document copies. I saw some people say Westgate never put copies of rescission procedures to our hand. So the problem is that I don't the exact address to send my rescission letter to.

Below is a photo I just took for my funny contract copy. Please have a look.

https://www.dropbox.com/s/0gzyezv5ghkzopp/default.png?dl=0

I just noticed that my contract copy is shown above and apparently the lower part is covered with the waiver for loss of life. This is ridiculous!:annoyed::annoyed:

Which address do you guys think I need to send my rescission letter to? The top left one (Westgate town center, a Time share resort, 2770 Old lake wilson road, Kissimmee, Florida 34747) or the top right one (Seller/Developer Westgate vacation villas, LLC, A Florida limited liability company, 2801 old winter garden road ococee, Florida 34761)?
 
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Passepartout

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Westgate vacation villas, LLC, A Florida limited liability company, 2801 old winter garden road ococee, Florida 34761)?
It's this address. The contract is in a hidden pocket inside the back cover of the binder you got. The letter needn't be complex or legalese. Just, I, we wish to cancel the purchase of contract number xxxxxxx, dated 1/2x/2015. We expect return of all funds and dissolution of the contract for future payments. Promotional materials to be returned under separate cover.

Signed________ Husband, __________Wife. Date_______

Send their junk back where you got it by cheapest means.

Congratulations on finding TUG.

Jim
 

nzyy912

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Thank you so much, Jim. You know what, I forgot to ask that I called the closing officer today and he says he can help me out with losing only $300, and I will walk out like a clean man. He's gonna send email tomorrow to walk me through on how to do it. Do you think I still need to use his service?

BTW, I'm planning to call my lawyer tomorrow about this. Does this seem to be unnecessary anymore?
 

DeniseM

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Thank you so much, Jim. You know what, I forgot to ask that I called the closing officer today and he says he can help me out with losing only $300, and I will walk out like a clean man. He's gonna send email tomorrow to walk me through on how to do it. Do you think I still need to use his service?
Do NOT talk to him - he is not your friend - he will do everything in his power to keep you from rescinding. They have to give you all your money back - you should not lose $300.

BTW, I'm planning to call my lawyer tomorrow about this. Does this seem to be unnecessary anymore?
You don't need a lawyer - rescinding your your legal right - just follow the procedure exactly and you will be fine.
 

nzyy912

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Thank you so much, Denise. You remind me that he could have been trying to delay my rescission, saying that he will cancel all the payment and all the contract.

BTW, I almost forgot again. I'm sorry.

I applied the Westgate credit card and put down $3000 with that and $127 with my own credit card. Do I proceed with the exact same rescission process as others? How do I deal with the Westgate credit card later on?
 

DeniseM

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Yes - You proceed with the exact same process, regardless of the payment source.

If you have the CC info., I'd call and cancel the Westgate Credit card immediately, and also call your credit card and let them know you are exercising your legal right to cancel your contract with Westgate, and that Westgate may not charge any additional charges to your card.

What is the $300 for?
 

nzyy912

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Don't know. The closing officer just said I'm gonna have to lose that, which he later said covers service fee and court fee or whatever I didn't follow well.

Alright, I'll call my bank tomorrow after I go to USPS. And call to cancel Westgate CC. What if they refuse to cancel CC for me?
 

DonnaD

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Call both credit cards tonight

I would call both credit cards tonight ASAP. Maybe the charges have not gone through yet. Block them before they get a penny, if you can, It gives you better negotiating position.
DonnaD
 

DeniseM

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Don't know. The closing officer just said I'm gonna have to lose that, which he later said covers service fee and court fee or whatever I didn't follow well.

Alright, I'll call my bank tomorrow after I go to USPS. And call to cancel Westgate CC. What if they refuse to cancel CC for me?
You are going to call whoever issued the card to cancel it - Visa, or Mastercard, or whoever. They will allow you to cancel the card - that won't eliminate the charges already made, but Westgate will have to refund you for that. It will keep them from charging any additional fees on the card.

Donna has a good point - most cards have round the clock service available.
 

sue1947

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Don't know. The closing officer just said I'm gonna have to lose that, which he later said covers service fee and court fee or whatever I didn't follow well.

Alright, I'll call my bank tomorrow after I go to USPS. And call to cancel Westgate CC. What if they refuse to cancel CC for me?
Sounds like the 'closing officer' is the sales person trying to keep at least some commission.
In any case, pay no attention to him. Send in the letter, cancel the credit cards and then come back and learn what you need here before putting any money down on a timeshare. Westgate has the reputation for being the sleaziest operation in a pretty sleazy business (when it comes to timeshare sales).
Congratulations on finding us in time.

Sue
 

RX8

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Sounds like the 'closing officer' is the sales person trying to keep at least some commission.
Either that or the closing officer is making money on the side without Westgate's knowledge by charging $300 for his "services" in telling you how to rescind.
 

nzyy912

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Alright. Thank you all. I just called Westgate mastercard department and cancel the card (just googled westgate credit card and called the number for application). It was smoothie... But my Chase bank told me that only after the charge is posted (now is still pending) I can call the dispute department to file a dispute. Does all this sound good to you all?

Thanks and good night, guys!

Nan
 

nzyy912

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Actually probably you are right. Cuz the closing officer was telling and reminding me not to contact Westgate any more. And mentioned that this is gonna be only between me and him.
 

Karen G

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But my Chase bank told me that only after the charge is posted (now is still pending) I can call the dispute department to file a dispute. Does all this sound good to you all?

Thanks and good night, guys!

Nan
Yes, I think that's standard procedure that you can dispute a charge only after it has posted.
 

Passepartout

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Do not talk to this closing agent or anyone else at wastegate. They are not your friends. They will try to save their commission by any means. Lying. Delaying you. Making promises. Reducing the inflated cost.

Rescission means,'putting it back the way it was before starting'. No $300. No credit card. No Wastgate commission. No sale, nothing. Just lige their product is worth. Nothing.

Jim
 

TUGBrian

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you are absolutely being conned out of $300 dollars.
 

theo

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<snip> ...I called the closing officer today and he says he can help me out with losing only $300, and I will walk out like a clean man. He's gonna send email tomorrow to walk me through on how to do it. Do you think I still need to use his service?

BTW, I'm planning to call my lawyer tomorrow about this. Does this seem to be unnecessary anymore?
Rescinding is a legal right specifically provided by applicable state law. You do not need attorney assistance to exercise that straightforward legal right.
Any post-contract execution phone conversations and / or emails are completely meaningless, legally speaking. Don't be fooled into thinking otherwise.

Don't talk to these lying parasites again. Your properly submitted letter of rescission will do all the talking necessary. 100% of your deposit must be refunded, with no penalty, no fees or any other cost to you (except that they can and will charge you $50 if you fail to return any "new owner" binder materials provided at purchase).
 
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vacationhopeful

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Theo is absolutely right -- do not talk to ANYONE from Westgate or the sales staff ... even if they say they are from Quality Assurance or an independent closing company ... THEY LIE!

Look everywhere on the "bag"/"soft briefcase" for the "hidden" compartment ... other posters have found it AFTER much searching ... that is HOW slick Westgate is ... legal (but just barely).
 

nzyy912

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Thank you all again and again.

Today I'm going to send the mail. But when do you guys think I need to send the binding materials? And also they gave me some gift (one is from the Travel Plan person), and also a $300 gift card for Cruise in the end after I finished my closing right before I left from the salesperson. Do you guys think I need to return all these gifts with the binding material to them? (I'm kinda still thinking if I can keep them since they voluntarily offered me, especially as to the $300 gift card. But if you guys agree that I should return it, I will do it without any doubt.)
 

csxjohn

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Thank you all again and again.

Today I'm going to send the mail. But when do you guys think I need to send the binding materials? And also they gave me some gift (one is from the Travel Plan person), and also a $300 gift card for Cruise in the end after I finished my closing right before I left from the salesperson. Do you guys think I need to return all these gifts with the binding material to them? (I'm kinda still thinking if I can keep them since they voluntarily offered me, especially as to the $300 gift card. But if you guys agree that I should return it, I will do it without any doubt.)
If it were me I would not use any gift they gave me and send it back when they ask for it.
 

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Do you guys think I need to return all these gifts with the binding material to them?
Yes - they can charge you if you don't return them.
 

nzyy912

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Alright. Thank you all. This is not the right time and occasion to gain that little bit of money.

How about when should I mail the material to them? After they receive the letter, suggested by constant annoying phone calls from them? Or send it today as well?
 

Karen G

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Do you guys think I need to return all these gifts with the binding material to them?
Return the binder via the cheapest shipping method you can find. But, any gifts they initially offered you in return for attending their sales presentation are yours to keep. You completed your end of the deal by attending and they need to keep their end of the deal by giving you whatever they said they would. That's a separate transaction from the signing of a contract and the rescinding of it.
 

Passepartout

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Send back their promotional junk- you don't want it, do you? Wastegate has charged people $50 for it. As to gifts, they're yours. If they promised you something for attending the presentation, it's yours. They may call and try to badger you. Don't answer their calls. EVER! Nothing good can come of your having anything to do with them.

Re-read my post #2

Jim
 

DeniseM

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Send the materials right away, so it doesn't delay the refund - in your rescinding letter, state that you are returning everything you received at the presentation, in a separate package.

You can probably send the materials back less expensively using "media mail." Include an itemized list of the contents, and a copy of your other letter. I'd take a picture with my phone of the stamped and addressed pkg. at the post office window for my records.
 
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