[ 2013 ] Rescinding Contract with Westgate

Please help

Just got back from vacation, purchased TS at WGSM, checked binder contract is not there. Need to send letter to rescind contract, I found a couple of addresses online just not sure which one is correct. I called and left message for the closing officer to see if they could email me a copy of the contract. My only fear is that they string me along until its to late. I didn't give any indication that i wanted to rescind only that i wanted to look over the contract.

For the amount of $$$ you'll save by rescinding, mail (not email, phone, fax, FedEx) to every address you have. Get a receipt that you've mailed it. You've found the thread where all the Wastegate rescission info is, just read it, and get a letter off within the 5 allowable days. If you talk to them, they will use every delaying tactic they can to get you beyond the rescission period.

The letter doesn't need to be fancy, just "I/We wish to exercise our right of rescission on contract #_________ Dated __/__/2013, signed_______ and_______. Promotional materials will be returned under separate cover. (do it or they will charge you $50)

Best of luck. We are glad you found TUG, and pray it's in time.

Jim

Here's the address if you can't find it:

Westgate Resorts, Corporate Headquarters
2801 Old Winter Garden Rd.
Ocoee, FL 34761



P.S. You'll know they received it when they start calling you to save the sale. Don't answer. No good will come of it.

Thanks for that.
On the promotional materials , do you think i should just send it back to the WGSM resort, or one of the other addresses.
also all the information i have found says 10 days, I made the purchase on Tuesday which would make Sunday 5 days. Do they count the weekend?
Do you think it would work if I rescind in person? its a 4 hour drive if you think it would work.

sbray112 said:

Do you think it would work if I rescind in person? its a 4 hour drive if you think it would work.

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Absolutely NOT! All that would accomplish is to give them another crack at you and to fabricate some lie that you didn't have a 'good enough reason' or something They can also 'lose' what you drop off. Use the USPS. TODAY! We recommend sending the letter certified with returned receipt, but all that's really necessary is the postmark.

You can bundle up their junk and UPS it to the resort. Save the receipt.

Jim

Ok, found a post office that was opened. the one closest to me is closed on Saturday. got the letter mailed off. will keep you updated.

Thanks for all yor help

sbray112 said:

Thanks for that.
On the promotional materials , do you think i should just send it back to the WGSM resort, or one of the other addresses.
also all the information i have found says 10 days, I made the purchase on Tuesday which would make Sunday 5 days. Do they count the weekend?
Do you think it would work if I rescind in person? its a 4 hour drive if you think it would work.

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The important part is the letter postmark date within the 10 days allowed stating you are rescinding / cancelling the contract. Don't worry about the sales stuff. IF - and it isn't all that likely - they try to charge you for it then that is the time to box it up & return it but not until they ask. They usually let that part slide. Congratulations on deciding to rescind a bad purchase decision in time.

HELP!

Can anyone here help with cancelling a contract for the Westgate Travel Club? Thank you in advance!

jessica1 said:

Can anyone here help with cancelling a contract for the Westgate Travel Club? Thank you in advance!

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When did you buy?

Yesterday. I messaged you and just received your reply.

We sent in our letter to rescind a little over 2 weeks ago and haven't heard anything from them.......how long does it take to get our refund??

SteelersRock3 said:

We sent in our letter to rescind a little over 2 weeks ago and haven't heard anything from them.......how long does it take to get our refund??

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Your refund must be issued within 45 days, by law. With slimy Westgate (...if that is who you dealing with; your post doesn't specify) it may very well take most of that allotted 45 day time period before you actually see your refund.

I assume (...hope, actually) that your letter was sent by certified mail, so that you have documentary proof of postmark date, if such proof should ever become necessary. I further hope that it was postmarked within the rescission period applicable for whatever state it was (no state is actually identified in your post) in which you made the timeshare purchase in the first place. The state in which you live is irrelevant; the state in which the contract was executed is generally the state whose rescission laws apply, unless a developer voluntarily chooses to allow (in writing) a longer rescission period (which is very rare, to say the least).

Rescission periods range from as few as 3 days (in 4 or 5 states) to 10 days (Florida and Tennessee only). For most states, the allotted rescission period is 5-7 days.

timeshare

I entered into a time share on Dec 30 2014 I need to get out but the did not give me a contract to write a rescission letter. I am still in town and want to go back and tell them to let me out! Advice needed!!!!

shouldvelistenedtowife said:

I entered into a time share on Dec 30 2014 I need to get out but the did not give me a contract to write a rescission letter. I am still in town and want to go back and tell them to let me out! Advice needed!!!!

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We are told that the contract is in a hidden, Velcro fastened pocket inside the back cover of the binder you got. Use the contract number, and write to the address in Ocoee, FL corporate office. DO NOT go to the sales office where you bought. All they will do is try to talk you out of rescinding, sweetening the deal, or delaying you beyond the rescinding period.

The letter needn't be complicated/ just 'I/We wish to excersise our right to rescind contract #_______ dated 12/__/2014. Return all deposits or down payments asap to_________.
Signed_________(husband)
_________(wife)

Promotional materials to be returned under separate cover. The drop them at the desk. Get a signature for them or send by pack mule.

Send it USPS certified w/return receipt. Keep the receipt

Good Luck, we're glad you found us in time.

Jim

Then what do I do after I have returned everything and all was done on a credit basis through westgate? I know it's late I just can't sleep knowing I put my family in this situation when they were what I had in mind when thinking this was good for us

shouldvelistenedtowife said:

Then what do I do after I have returned everything and all was done on a credit basis through westgate?

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Then you sit back and wait. The credit may take as long as 45 days to see but Westgate is legally obligated to refund your money and rescind the contract. Just make sure you follow the directions very carefully.

And again, as Passepartout said, do not phone anyone there and do not take any phone calls from Florida (or wherever it was you purchased).

shouldvelistenedtowife said:

I entered into a time share on Dec 30 2014 I need to get out but the did not give me a contract to write a rescission letter. I am still in town and want to go back and tell them to let me out! Advice needed!!!!

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Hey there... welcome to TUG

If you have followed the above great advice, now just try to relax and know you caught the problem in time. Not all of us were so lucky.

Now you can take a step back from this and gather some information to make an informed decision. Well done!

They just called me for the first time but did not answer. Now what should I do?

shouldvelistenedtowife said:

They just called me for the first time but did not answer. Now what should I do?

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Nothing.

All they want to do is try to talk you out of rescinding, or delaying you from doing so. They will record any conversation and if you should express the slightest doubt as a courtesy to them, it will be transcribed and attributed to you wanting to continue with the sale.

That they've called you should only serve as evidence that they've received your letter. State law requires that they process your rescission. They don't have to give you a progress report or anything until, miraculously the money reappears in your credit card or checking account depending on how you paid them.

I know it's hard, but be patient. You've done the necessary part. Now it's up to them to do what is required.

Jim

Hello-

I am a new member and need HELP! I see that this thread is going on two years, but with Westgate, it is necessary...

We just got back from Orlando and signed up foolishly for a Westgate property. Three days later, we see this is a HUGE mistake. Thanks to all of the TUGBBS information (I am eternally grateful , I see that I have ten days to send a rescission (sp?) letter.

I found the well-hidden (crafty bastards) folder in the Velcro slot on the left side of "my briefcase". I have also contacted a law firm in FL. My questions?

1) Can I take care of this myself by sending the letter certified mail?

2) What material(s) do I have send to back? I truly don't want ANYTHING, but I don't want to waste time, either. They "gave" us a tablet, cruise cards, and $1000 incentive with a "bonus" week at the Westgate resort.

Thank you in advance for any help! I am so glad I found this site and plan on warning everybody about this BS scam!

(1) yes. With return receipt. Keep the receipt that you sent it in time. no lawyer needed. It's your right and they know it. Send to the address in Ocoee, FL.

(2) All of it. Note on your rescission letter that 'Promotional materials to be returned under separate cover'. Send it insured because of the tablet. We used to say send it by cheapest means, but they've upped the ante.


There are some sample scripts upthread to give you an idea what to include in the letter. You'll know they received it when some weasel calls to try to change your mind. Don't answer it. No good can come of it.

Glad you found us in time. How much did they try to dig you for? (we're keeping a tally)

Jim

Hello Jim!

Thank you for the advice! I am heading out to send my letter certified mail with return receipt since I am back in town. Definitely doing this myself; asked a lawyer and he wanted $1200 for a letter!

I will return everything ASAP. Also told my husband not to answer any calls. We signed up for a $12,000 unit, with $1200 down, and $11,618.28 financed. The total amount due over a ten year period was $26,834.40.

Awful, I know...

thehopmart said:

<snip> I am heading out to send my letter certified mail with return receipt since I am back in town. Definitely doing this myself; asked a lawyer and he wanted $1200 for a letter!

I will return everything ASAP. Also told my husband not to answer any calls. We signed up for a $12,000 unit, with $1200 down, and $11,618.28 financed. The total amount due over a ten year period was $26,834.40. <snip>

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Congratulations on your wise and timely action to reverse an unfortunate decision. Well done!
You really don't want anything to do with the likes of Westgate under any circumstances, even if obtained for free (...which $26.8k certainly isn't).

Rescission rights are clearly and specifically provided by state law and can be exercised in two lines and a signature --- even in crayon, if necessary.
I hope the hungry lawyer who wanted $1,200 to do what you're doing for yourself in 30 seconds and the cost of postage is not your family attorney.

Hi Theo-

Thank you! And no, my brother would not charge me that much. I hope... I called an attorney in Winter Haven (I think) because I panicked. But once I calmed down it just took a letter, and $6.00 of postage. Much better!

I will never make such a rash decision again! Will review carefully next time before I sign the dotted line.

Sorry, two more questions...

Hello Everyone-

I sent everything last Saturday. According to the USPS, they received the letter. However, the return receipt request shows "in transit"...

1) Is this going to be a problem for me? I think they are purposely not signing it to throw me off; I might have to call.

2) I am thinking about sending another letter today (it's the last day of the ten day period) by regular mail. Should I do it or just relax?

Thank you in advance. I just want to be extra careful since I wasn't last week.

Tracey

thehopmart said:

I sent everything last Saturday. According to the USPS, they received the letter. However, the return receipt request shows "in transit"...

1) Is this going to be a problem for me? I think they are purposely not signing it to throw me off; I might have to call.

2) I am thinking about sending another letter today (it's the last day of the ten day period) by regular mail. Should I do it or just relax?

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First and foremost, DO NOT CALL THESE PARASITES! Not today, not tomorrow, not ever.

Any verbal conversation regarding any already-executed valid contract is absolutely meaningless anyhow, legally speaking. Moreover, the Wastegate Weasels will just use any such phone call as an unexpected but most welcome opportunity to try to salvage or "sweeten" the deal, or to confuse you, or to just flat out lie to you (...again).

You need not bother sending more mail on this matter either; that's a waste of time and effort. You've already fulfilled the legal requirements and timeline to rescind.
The law is entirely on your side here and even the lying, slimy, deceitful likes of Wastegate will never risk overtly violating clear and specific applicable state law.

In the eyes of the law, the postmark date of your signed, properly addressed rescission letter is all that matters; you have a date stamped, USPS-issued, certified mail receipt firmly in hand. The recipient-signed green return receipt card may not reach you for another week, but that does not matter one bit.

You've rescinded. You're done. Relax and take a deep breath. However, also understand clearly that you may not see your deposit refund for up to 45 days; it may be sooner, but lawfully it can be up to 45 days from the date of rescission and there is absolutely nothing you can do to accelerate that refund process or timing.