Westgate & Cancelling but no paperwork!

[forreal14]

We signed a contract Saturday (11/7/15) with Westgate in Gatlinburg TN and had second thoughts after all the bad reviews.
I went to pull out my paperwork and look at cancelling my contract yesterday. NOT A SINGLE PIECE OF PAPERWORK. Only the crap paper of scribbles that make no sense that our sales rep was writing on. Nothing with our signatures or any sort (we did it electronically but expected copies or CD!!) So now, double not happy. Very shady.
From reasearch, it looks like we have 10 days to rescind in TN. However, we have no paperwork to do so with!!!
I called yesterday and someone said they'd call me back. Nothing.
We live in TN and the property we signed with is in Gatlinburg TN.
Can anyone help me to what I need to say and how where I send to get out of this? I do not like being lied to.

 

[DeniseM]

They HIDE the recession paperwork. In your binder there is a secret pocket closed by velcro right down the inside spine of the binder. Pull it open and you will find the paperwork.

ALSO - Do NOT call then again.

You CANNOT rescind over the phone, and they will only lie to you and delay, so you run out of time. You must rescind in writing.

Here is a picture: http://tug2.net/timeshare_advice/westgate-cancellation-secret-pocket.html

 

[forreal14]

Wow. I looked all through that binder. Thank you, you were indeed right on. It is most definitely hidden!!! This makes me want to cancel even more. Sneaky!!!
Will not call again. And tell my husband to avoid calls as well. What is funny is they were already trying to upsell us (which is what originally put doubts in my mind about them), but yet couldn't bother with helping to find paperwork. Grrr.

 

[DeniseM]

It's really tempting to call, but don't do it, because calling has no legal standing, and may actually muck up your recession.

You need to rescind by mail, and then patiently wait for the refund.

Don't call them, and don't accept their calls.

They are not your friends: they will pull out all stops to try to get you to change your mind.

 

[forreal14]

I am sending my rescinding letter tomorrow. It doesn't say WHAT to send with the letter. Should I just send the letter and/or copies of ALL the paperwork? Or just certain partsof the paperwork.
Also, we received a tablet with our binder. Should I send that back with the letter or separately to the resort? I saw a couple of different answers in the thread. I sure don't want to be charged $200 it.

 

[DeniseM]

Here are all the details about rescinding and a sample letter:

http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html

Include a copy of the main page of the contract.

Don't send the tablet or binder with the letter. Send them separately, insured, return receipt requested.

*I moved your last post back to this thread. For the sake of continuity, please post in this thread.

 

[TUGBrian]

ha...and the "security folder" works as intended for yet another new owner!

glad you found the site in time to discover the "pocket" and rescind!

 

[csxjohn]

You have at least 10 days in TN but do not delay.

http://www.nolo.com/legal-encyclope...ights-special-protections-50-state-chart.html

Click on the word Tennessee for the details.

 

[theo]

You have at least 10 days in TN but do not delay. <snip>

To be more precise, OP has no more than than 10 days from contract execution --- not at least 10 days, but I otherwise certainly agree with the advice to not delay.
Westgate is, in my opinion, simply an outfit to be avoided like a communicable disease.

 

[csxjohn]

To be more precise, OP has no more than than 10 days from contract execution --- not at least 10 days, but I otherwise certainly agree with the advice to not delay.
Westgate is, in my opinion, simply an outfit to be avoided like a communicable disease.

The question is, when does the clock start ticking? In TN it's when you get the public offering statement which it sounds like the OP did not get, and by law, they are supposed to provided it no later than at signing.

Then you have the 15 day cancellation period if you did not make an onsite inspection, but buying where you are staying probably implies the inspection was made in this case.

TN is so different from other states that some resellers on eBay will not sell to residents of TN.

http://www.nolo.com/legal-encyclopedia/tennessee-timeshare-foreclosure-right-cancel-laws.html

The main thing, as you pointed out, is to do it now!!

 

[forreal14]

The post office was closed today. But the letter is ready to go tomorrow.

 

[theo]

The post office was closed today. But the letter is ready to go tomorrow.

... by certified mail. Save the date stamped receipt which will be issued at the USPS counter. You can also get "return receipt requested" for your own peace of mind, but the truly important and most critical piece is obtaining (and retaining) proof of postmark date of your rescission letter.

 

[carl2591]

Westgate in Gatlinburg TN

just another good reason they are called wastegate .. hiding the paper work in the spine.. I am surprised the attorney generals of every state they operate in has not come out and made them put the paper work in plain view in the folder. guess the payoff have been working??

David Segal and bunch of theives at it again.

want to see what you almost help finance.. check out "Queen of Versailles" Stars Jackie & David Siegel

congrats on finding TUG and getting out of that hell hole.. not the resort it self just buying from the developer of the resort.. plus if you had bought and then in a couple years tried to sell you would not have been able to from what I understand.. they drag the feet on ROFR, right of first refusal, killing the deal most times.

not a good bunch to be associated with but i know the "fanboys" will come on and sing the praises of them.

send a complaint to the Tenn AG and just let them know how slimy the developer is.. when they get enough complaints they might do something.

 

[forreal14]

... by certified mail. Save the date stamped receipt which will be issued at the USPS counter. You can also get "return receipt requested" for your own peace of mind, but the truly important and most critical piece is obtaining (and retaining) proof of postmark date of your rescission letter.

I work in a web based business so I do certified mail often and get commercial pricing. So there's a record in my shipping program - also took photos of it just in case. Dropped it off at the post office in person as well. Covered all my bases.

 

[theo]

Unfair and unfounded...

just another good reason they are called wastegate .. hiding the paper work in the spine.. I am surprised the attorney generals of every state they operate in has not come out and made them put the paper work in plain view in the folder. guess the payoff have been working?? <snip>

IMsHO, it is entirely inappropriate and outright insulting to suggest for one moment that the slimy likes of David SeaGull or his money, stooges, or attorneys could ever actually "pay off" any Attorney General's office. The mere suggestion is completely unwarranted and just simply absurd, with all due respect.

Step back and take a historical view. Not many years ago, state rescission rights did not even exist at all. Today, those laws are in place and require that rescission rights be provided to the buyer at time of purchase. Regardless of the state, only Wastegate seems to have adopted this underhanded "provide, but hide" approach.

With first hand photos of the Westgate "hidden pocket" from actual buyers now easily and universally available on the Internet, we can only hope that the buying public may become better educated about sleazy Wastegate sales practices. There are simply too many much bigger problems to tackle at the legislative level before amending statutory language in a multitude of states for one isolated bunch of greedy parasites who are (IMnsHO, anyhow) lower than whale excrement on the ocean floor.

 

[carl2591]

Westgate Resort, Orlando Fl, Timeshare Westgate Resort

I hear what you are saying and due realize that was a wide sweeping comment I meant no disrespect to the AG office.

But I do realize that big money operations, Waste, Westgate, has a way of getting stuff by that might not fly without some outside considerations.

Not saying the AG office is turning a blind eye to this blatant form of sleeze, but i do believe unless more pressure is applied externally to the AG office this practice of hiding the paperwork will continue.

So how can we effect change.. maybe send messages to the local new outlets telling them of the folks that come to TUG trying to find info about how to rescind the contract only to learn here of the hidden pocket of paperwork.

We should encourage the buyers or former buyers to also, after sending in the rescind paperwork, go to the florida AG website to lodge a complaint.

(we (TUG) could have links to AG pages needed as well, when we are telling them of the hidden paperwork compartment).

Maybe then this inappropriate method of delivering paperwork will change..

whatdayousay..

 

[carl2591]

double post.. watching the NC State vs Florida state game at same time...

 

[Jason245]

I hear what you are saying and due realize that was a wide sweeping comment I meant no disrespect to the AG office.

But I do realize that big money operations, Waste, Westgate, has a way of getting stuff by that might not fly without some outside considerations.

Not saying the AG office is turning a blind eye to this blatant form of sleeze, but i do believe unless more pressure is applied externally to the AG office this practice of hiding the paperwork will continue.

So how can we effect change.. maybe send messages to the local new outlets telling them of the folks that come to TUG trying to find info about how to rescind the contract only to learn here of the hidden pocket of paperwork.

We should encourage the buyers or former buyers to also, after sending in the rescind paperwork, go to the florida AG website to lodge a complaint.

(we (TUG) could have links to AG pages needed as well, when we are telling them of the hidden paperwork compartment).

Maybe then this inappropriate method of delivering paperwork will change..

whatdayousay..

1. They call it a security pocket so your paperwork doesn't accidentally fall out.

2. The news outlets don't care. ..

3. They have a large lobbying organization and they even convince their owners to pay into that org (5 dollar fee anyone).. which they used to change florida law last year to their benefit.

4. Most of the public is willfully ignorant on timeshares.

5. Westgate doesn't care about bad pr on net.

6. Westgate doesn't care about their current owners.

7. Westgate only cares about people's opinion of their poduct for the 3 hours needed to sell it to the customer.

Sent from my SAMSUNG-SM-N910A using Tapatalk

 

[billymach4]

YouTube video?

I thought there was a YouTube video on this secret pocket as well?

 

[carl2591]

Westgate Resort, Orlando Fl, Timeshare Westgate resort

Truer word were never typed..

It's a shame a company does not care about it owners only their pocket.

glad i NEVER got sucked into the wastegate drama and NEVER will..

I did send an email to a orlando sentinel reporter who has done a couple articles on WestGate wrong doings..

Dooing threads here on TUG especially with "WestGate Timeshare" in the title helps them find more info and figure oiut to find and rescind the crap contract that will be a PITA for EVER..

1. They call it a security pocket so your paperwork doesn't accidentally fall out.

2. The news outlets don't care. ..

3. They have a large lobbying organization and they even convince their owners to pay into that org (5 dollar fee anyone).. which they used to change florida law last year to their benefit.

4. Most of the public is willfully ignorant on timeshares.

5. Westgate doesn't care about bad pr on net.

6. Westgate doesn't care about their current owners.

7. Westgate only cares about people's opinion of their poduct for the 3 hours needed to sell it to the customer.

Sent from my SAMSUNG-SM-N910A using Tapatalk

 

[forreal14]

Update so far:
According to tracking, my letter was received Monday. Ironically, I received a letter today postmarked Monday welcoming me to the Westgate Family. :annoyed:

 

[csxjohn]

Just keep the original copy of when you mailed it, that's all that matters at this point.

 

[forreal14]

I received this email today. Should I respond??

QUOTE:

The corporate office sent me an email saying that you have requested to rescind your real estate transaction with Westgate. I am concerned because you did not try calling me to discuss any questions you may have or other options Westgate may have for you to help you if you had financial concerns. Please email me back with a brief explanation as to why you have made this decision. Since I am in charge of your account with Westgate, I have to type out a report to send to the corporate office. It is imperative that you get back to me.


Thank you,
Cherie Shannon
Closing Officer
865-430-4800 Ext. 85679

 

[Passepartout]

I wouldn't. All they will do is try to dissuade you, or browbeat you by saying your reason isn't good enough. At the most, you might just say you are exercising your right to rescind for personal reasons you can't elaborate on.

Jim

 

[Ty1on]

I received this email today. Should I respond??

QUOTE:

The corporate office sent me an email saying that you have requested to rescind your real estate transaction with Westgate. I am concerned because you did not try calling me to discuss any questions you may have or other options Westgate may have for you to help you if you had financial concerns. Please email me back with a brief explanation as to why you have made this decision. Since I am in charge of your account with Westgate, I have to type out a report to send to the corporate office. It is imperative that you get back to me.


Thank you,
Cherie Shannon
Closing Officer
865-430-4800 Ext. 85679

It is NOT imperative that you get back to her, and you owe no one any explanation. I know you know this, I just wanted some typing practice.