Think I might be screwed

[Jumper2020]

Hey all,
I tried to read through all of the cancellations discussions but did not find what I was looking for.
My mother and I were suckered into buying into WG Smoky Mountains on July 10th. We came to our senses on July 20th and tried to contact them to get the instructions to cancel (had not found you guys yet). They quite literally beat around the bush all day and I did not have access to a computer with a CD ROM drive until late in the evening. They have records of several phone calls, even an email from the 20th trying to get us to buy "lower" on the mountain to keep us in the contract. What I am wondering is, has anyone been in this situation and successfully canceled? If I understand correctly, I technically mailed the recession letter on the 11th day, but we did send it to the right address, overnight and certified with return signature receipt, and they were notified on the 10th day, just not in writing.

 

[Grammarhero]

Hey all,
I tried to read through all of the cancellations discussions but did not find what I was looking for.
My mother and I were suckered into buying into WG Smoky Mountains on July 10th. We came to our senses on July 20th and tried to contact them to get the instructions to cancel (had not found you guys yet). They quite literally beat around the bush all day and I did not have access to a computer with a CD ROM drive until late in the evening. They have records of several phone calls, even an email from the 20th trying to get us to buy "lower" on the mountain to keep us in the contract. What I am wondering is, has anyone been in this situation and successfully canceled? If I understand correctly, I technically mailed the recession letter on the 11th day, but we did send it to the right address, overnight and certified with return signature receipt, and they were notified on the 10th day, just not in writing.

You may be screwed. Westgate is a known bad actor. We received a report of Wyndham honoring a rescission on day 11, but not Westgate.

 

[theo]

...mailed the recession letter on the 11th day, but we did send it to the right address, overnight and certified with return signature receipt, and they were notified on the 10th day, just not in writing.

Rescission submitted in writing,under signature(s) and postmarked within the 10 day rescission window is all that really matters in the final analysis. Any phone conversations (and / or emails) after contract execution, regardless of date or content, are legally irrelevant.

I hope that Wastegate will honor your belatedly submitted rescission but, as already mentioned above, Wastegate sales weasels (the entire Westgate operation, actually) are slimy and deceitful (e.g., the carefully concealed notice of rescission rights). If they want to play hardball, they will simply (and correctly) state that you failed to meet the rescission requirements provided and identified under applicable state law.

I sincerely hope that you get lucky, but I am certainly not placing any bets. I strongly suspect that you are now a Wastegate owner.

 

[theo]

Hey all,
I tried to read through all of the cancellations discussions but did not find what I was looking for.
My mother and I were suckered into buying into WG Smoky Mountains on July 10th. We came to our senses on July 20th and tried to contact them to get the instructions to cancel (had not found you guys yet). They quite literally beat around the bush all day and I did not have access to a computer with a CD ROM drive until late in the evening. They have records of several phone calls, even an email from the 20th trying to get us to buy "lower" on the mountain to keep us in the contract. What I am wondering is, has anyone been in this situation and successfully canceled? If I understand correctly, I technically mailed the recession letter on the 11th day, but we did send it to the right address, overnight and certified with return signature receipt, and they were notified on the 10th day, just not in writing.

You have double posted on this matter. Your other post has received two responses, both of them agreeing with your subject line conclusion that you are likely "screwed".

(two threads have been combined)

 

[RX8]

Hey all,
I tried to read through all of the cancellations discussions but did not find what I was looking for.
My mother and I were suckered into buying into WG Smoky Mountains on July 10th. We came to our senses on July 20th and tried to contact them to get the instructions to cancel (had not found you guys yet). They quite literally beat around the bush all day and I did not have access to a computer with a CD ROM drive until late in the evening. They have records of several phone calls, even an email from the 20th trying to get us to buy "lower" on the mountain to keep us in the contract. What I am wondering is, has anyone been in this situation and successfully canceled? If I understand correctly, I technically mailed the recession letter on the 11th day, but we did send it to the right address, overnight and certified with return signature receipt, and they were notified on the 10th day, just not in writing.

Save all your communications with them, including your emails. Westgate is truly a bad apple in the timeshare barrel. They will undoubtedly send you notice that your rescission request was denied. You may need to play hard ball with them. A suggestion would be to have an attorney write a letter demanding rescission due to your verbal and email notifications within the rescission period. In addition, your ability to successfully locate your lawful rescission instructions were limited due to a lack of a paper contract as well as the deceptively hidden CD Rom (I assume it was hidden away in a secret flap in the binder they gave you). No guaranty it would work but can’t hurt.

By the way, don’t be tempted to consider any company that promises to get you out of your timeshare for a big upfront fee unless you want to throw that upfront fee away.

Good luck

 

[Jumper2020]

There was another thread that stated something about Mastercard extending the period to 14 days, though that was from several years ago. I did get the Westgate Mastercard to do the downpayment. I wonder if this could be a loophole?

 

[Passepartout]

I wish you well. In either case, I wouldn't send them another nickel. Protest the charges, Cancel the credit card. Take whatever credit hit they are able to put on you. I suspect it will be fairly modest, and the extra thousands you keep in your hands instead of theirs will ease the pain.

Good Luck!

Jim

 

[rickandcindy23]

Unfortunately, you are way past the rescission period. You now own that, but if you stop making payments and tell them you don't want it, that is something you CAN do. Give it a try.

They do have your SS#, so they can destroy your credit for a while. You could make a decision whether it's worth it to you or not. I wouldn't hesitate to do that myself, if I got sucked in. I don't care about my credit rating one bit, especially with a timeshare. You can even write a letter to whatever credit bureau WG reports to after they report nonpayment, and tell them that you tried to rescind and they wouldn't let you out of the deal and you cannot afford what they were selling with that pushy sales pitch.

 

[Grammarhero]

Hey all,
I tried to read through all of the cancellations discussions but did not find what I was looking for.
My mother and I were suckered into buying into WG Smoky Mountains on July 10th. We came to our senses on July 20th and tried to contact them to get the instructions to cancel (had not found you guys yet). They quite literally beat around the bush all day and I did not have access to a computer with a CD ROM drive until late in the evening. They have records of several phone calls, even an email from the 20th trying to get us to buy "lower" on the mountain to keep us in the contract. What I am wondering is, has anyone been in this situation and successfully canceled? If I understand correctly, I technically mailed the recession letter on the 11th day, but we did send it to the right address, overnight and certified with return signature receipt, and they were notified on the 10th day, just not in writing.

@Jumper2020
Only successful rescission one date late we've seen is Wyndham. https://tugbbs.com/forums/threads/b...ay-late-any-advice.293818/page-2#post-2360423

 

[theo]

There was another thread that stated something about Mastercard extending the period to 14 days, though that was from several years ago. I did get the Westgate Mastercard to do the downpayment. I wonder if this could be a loophole?

No. The method or amount of your initial payment has absolutely no bearing or relevance on the validity of the contract that you willingly signed, even if you cancel that credit card and regardless of credit card issuer policies or practices. The contract content and applicable state law prevail over any and all credit card company internal policies or practices.

You have to make your own decision, particularly in regard to potential credit report impact if you choose to default, but if in your shoes I know that I would resolve to send those slimy Wastegate parasites not another penny under any circumstances. Period.

Keep in mind that Westgate products have very little (likely zero) value in the resale market, largely due to Westgate's severely restrictive practices regarding "resale" owners making reservations. Stated differently, if you owned it free and clear today, you still might not even be able to give it away for free tomorrow. Accordingly, any money sent to Wastegate from this point forward might as well be flushed down the toilet instead, unless you want to use (and, of course, continue to pay for) whatever it is that you purchased.

 

[WyndhamWyzrd]

DM me, I may be able to offer some advice


Sent from my iPhone using Tapatalk

 

[jules54]

If you put any of the purchase on a credit card cancel the purchase. Credit Card companies give you 60 days to dispute a purchase. If you have documentation you tried to contact the company and they gave you no information or faulty information that should be enough. Also write a complaint on Squeaky Wheel it might cost you 7.50, but it’s worth the money and very therapeutic. Don’t gv up. Just keep calling and hounded the sales reps and company offices until you get your money refunded. I know it’s a pain, is it worth it to you to be a pit bull? That’s why the squeaky wheel gets the grease. You can hv attorneys tell you all day your out your money, but there is no substitute for tenacity.

 

[theo]

If you put any of the purchase on a credit card cancel the purchase. Credit Card companies give you 60 days to dispute a purchase. If you have documentation you tried to contact the company and they gave you no information or faulty information that should be enough. Also write a complaint on Squeaky Wheel it might cost you 7.50, but it’s worth the money and very therapeutic. Don’t gv up. Just keep calling and hounded the sales reps and company offices until you get your money refunded. I know it’s a pain, is it worth it to you to be a pit bull? That’s why the squeaky wheel gets the grease. You can hv attorneys tell you all day your out your money, but there is no substitute for tenacity.

As already made clear above, credit card issuer policies or practices cannot and will not supersede the terms of a voluntarily executed lawful contract and / or the applicable state law regarding contract rescission. We're not talking about the purchase of a toaster here. The OP is not going to get anywhere on (too-late) contract rescission efforts by merely disputing the credit card charge (not even by cancelling the card outright). Period, amen.

That said (again), since the OP now has no legal basis on which to rescind the voluntarily executed contract, having failed to meet the contract rescission requirements identified by state law, it certainly can't hurt to at least try the PITA / pit bull approach. If Wastegate very clearly understands that not another penny is heading their way in this matter under any circumstances, they might be content to agree to just keep the initial deposit, release the OP from the contract --- and call it a day. However, since this involves sleazy and slimy Wastegate, I tend to believe that success is highly unlikely, but would agree that it is still certainly at least worth a try.

The previous poster asserts that "there is no substitute for tenacity". I respectfully submit that well established and clearly defined state law regarding a lawful and voluntarily executed contract might very well require a whole lot more than "tenacity" to reverse. Westgate is certainly no stranger to litigation. Indeed, history suggests that they may actually have a genuine "appetite" for it.

In any event, I sincerely wish the OP good luck; lots of it will definitely be required for the OP to ultimately prevail in this matter.

 

[jules54]

I can bear witness to what tenacity can accomplish. I actually help put 2 scammers in the timeshare game in prison for min of 18 mos ea. I cancelled the contract through my credit card after the time had expired to do so. And then started on the hunt to punish. Squeaky Wheel, Posts on Tug to find others who were involved. FBI which I thought would go nowhere, but FBI called me and wanted documents from me. This is totally different situation than the OP has. i believe you won’t get anything done if you don’t try every avenue. The worst you can be told is NO.

 

[Jumper2020]

Thank you all for your responses. Lady Luck was definitely on my side as I received a cancellation letter from Westgate the other day along with a credit receipt essentially reversing my down payment. In my letter I did clearly state that we are cancelling as per our numerous phone conversations, citing the egregious runaround given by their associates as to why our letter came a little late (a lack of a paper copy of directions to cancel also noted), and finally mentioned the use of legal council should matters come to it. I overnighted the letter, owners case, and tablet with insurance and signed receipt (which came in about 2 days later). I've had phone conversations with associates since confirming the cancellation of contract (names, dates, and times logged). So while I'm still waiting for Westgate to change their mind, I'm pretty certain I'm good to go. Thank you all for your guidance and responses, they were very appreciated.

 

[Grammarhero]

Thank you all for your responses. Lady Luck was definitely on my side as I received a cancellation letter from Westgate the other day along with a credit receipt essentially reversing my down payment. In my letter I did clearly state that we are cancelling as per our numerous phone conversations, citing the egregious runaround given by their associates as to why our letter came a little late (a lack of a paper copy of directions to cancel also noted), and finally mentioned the use of legal council should matters come to it. I overnighted the letter, owners case, and tablet with insurance and signed receipt (which came in about 2 days later). I've had phone conversations with associates since confirming the cancellation of contract (names, dates, and times logged). So while I'm still waiting for Westgate to change their mind, I'm pretty certain I'm good to go. Thank you all for your guidance and responses, they were very appreciated.

@Jumper2020
Congrats. You achieved what we thought was impossible or very difficult. Don’t buy any TSs in the near future. If you do, buy resale for $1. I personally love Wyndham and Vacation Villages, all of which I bought for $1. Mind sharing how much you saved with rescission?

@TUGBrian @DeniseM @Karen G @jules54

 

[Jumper2020]

Congrats. You achieved what we thought was impossible or very difficult. Don’t buy any Ts in the near future. If you do, buy resale for $1. I personally love Wyndham and Vacation Villages, all of which I bought for $1. Mind sharing how much you saved with rescission?

I think our sale price was 18k. It was a nice location, top of the mountain, 2 weeks biannual (using 1 each year), HOA was just shy of 900 biannual. With financing it was going to be over 30k plus about 5k in HOA. I still do not know how they talked us into it.

 

[Grammarhero]

I think our sale price was 18k. It was a nice location, top of the mountain, 2 weeks biannual (using 1 each year), HOA was just shy of 900 biannual. With financing it was going to be over 30k plus about 5k in HOA. I still do not know how they talked us into it.

No worries. You are already in the top 50 percent of new TS owners rescinding your first purchase. In fact, you may already be in the top 10 percent new TS owners as you rescinded Westgate 1 day late, something we never heard of.

Only half of Tuggers bought resale for their first purchase. You are dealing with professionals. TS salespeople are professional liars. Lying to new TS owners is their job for 40 hours/week and how they make a living.

Here are some websites with free timeshares:
https://tugbbs.com/forums/forums/free-timeshare-giveaways-and-bargain-deals.55/ (our internal website)

Free Timeshares - Search Free Timeshares For Sale At Top Resorts

Search free timeshares for sale at Timeshare Nation, the largest online marketplace for free timeshares for sale. See hundreds of free timeshares at top resorts.

www.timesharenation.com

If you want me to look over the paperwork to make sure you aren't being scammed, I'm more than happy to over PM/DM.

 

[Grammarhero]

I think our sale price was 18k. It was a nice location, top of the mountain, 2 weeks biannual (using 1 each year), HOA was just shy of 900 biannual. With financing it was going to be over 30k plus about 5k in HOA. I still do not know how they talked us into it.

In fact, I see a $1 Westgate Smokey Mountain with free 2020 usage: https://docs.google.com/spreadsheet...9TAwLw1CxRCdLAZ1j8upwjTXic/edit#gid=734551090 (timeshare nation).

 

[Jumper2020]

In fact, I see a $1 Westgate Smokey Mountain with free 2020 usage: https://docs.google.com/spreadsheet...9TAwLw1CxRCdLAZ1j8upwjTXic/edit#gid=734551090 (timeshare nation).

I am going to stay away from TS for the near future. I would be interested in renting someone's week though (save them some cash for that year). I do thank you for your time though

 

[Grammarhero]

I am going to stay away from TS for the near future. I would be interested in renting someone's week though (save them some cash for that year). I do thank you for your time though

Great decision. I honestly don't think any TS newbies should buy a TS until they've done at least 50 hours of research. TS has a huge learning curve. I still learn something new every week.

 

[dgalati]

I am going to stay away from TS for the near future. I would be interested in renting someone's week though (save them some cash for that year). I do thank you for your time though

I have found it is cheaper to rent from a VIP owner then to own and be burdened with maintenance fees .

 

[RX8]

I honestly don't think any TS newbies should buy a TS until they've done at least 50 hours of research.

I agree with this wholeheartedly. I’ve said it before but I joined TUG a year and a half before I finally pulled the trigger and purchased a timeshare. In that time I read, read and read through the threads. I learned about the different systems and finally narrowed it down to a timeshare that was perfect for me and my family. Without taking your time one could end up with something that really isn’t a good match for what you want to get out of it.

 

[dgalati]

I agree with this wholeheartedly. I’ve said it before but I joined TUG a year and a half before I finally pulled the trigger and purchased a timeshare. In that time I read, read and read through the threads. I learned about the different systems and finally narrowed it down to a timeshare that was perfect for me and my family. Without taking your time one could end up with something that really isn’t a good match for what you want to get out of it.

So much information available to be a educated buyer or seller. A lot of buyers and sellers are to lazy or just dont want to take the time to learn a system and the market before buying or paying exit teams when selling. So many fork over 4 to 6 figures for something that can be bought or sold for pennies every day of the week.

 

[jules54]

So glad to hear you got to cancel and received your money back. Study study study and ask questions is the key to timeshare ownership. I also would suggest renting a few times. I also understand the thrill of ownership especially in a great program that works for you. And don’t feel bad or stupid that you had to rescind. It happens to the best of us even long term timeshare owners such as myself lol. You know better now and can go forward if you want to purchase something on the resale market.