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[ 2014 ] Cancelling a Westgate Timeshare [merged]

DoubleO8

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Copies of Contract??

Are copies of contract needed to send back while cancelling during rescinding period?

Basically I sent letter of cancellation mentioning following:
- Cancel membership
- Our names and date of signing letter of cancellation
- Owner Contract #
- Unit/Week of contracts

Should I also send "copies" of the original contract so there's no confusion as to who is trying to cancel? Or is the letter with contract # sufficient. I'm sending leather casing and all information packets inside back Certified but not overnight.

Last thing is, I signed with the Westgate Resort credit through "Comenity" Bank (CFI ?). Should I send letter of cancellation to them as well. The website for the credit card does say that it is a Westgate Credit Card.

EVERYTHING WAS SENT CERTIFIED PROOF OF DELIVERY!

Thanks for this site!
 

Passepartout

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I'd send a copy of the signature page of the contract along with the rescission letter. Wastegate should cancel the financial side, but to be safe a letter to the bank to expect a rescission wouldn't hurt. And at the bottom of the rescission letter, add "Promotional Materials to be returned under separate cover". And send their junk back to the resort at your convenience (cheapest way). Keep the receipt. People have been charged for junk they don't want or can't use.

Glad you found us. Welcome to TUG

Jim
 

theo

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Maybe an academic point, but since not specifically indicated I will state my hope that all signatories to the original contract also signed the letter of rescission. :ponder:
 

DoubleO8

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Signatures

Yes, I sent 2 letters of cancellation with leather casing to address on paperwork. One inside the leather case and one taped on outside of casing (lightly but firm, in case they b%*#h about me ruining the leather with tape). Also, a separate single letter with all information listed above to same address. Then, one more cancellation letter to 2nd Ocoee address that was mentioned just in case.

That's 8 signatures (both me and wife) and dated cancellation letters.
 

Passepartout

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You should be good to go. Don't be surprised if some weasel calls to try to change your mind, or offer to sweeten the pot. Best to not answer. No good will come from talking to them. They are trained to counter any argument you have.

Otherwise it can take up to 45 days to get your refund, and they are under no obligation to inform you of the progress. (make 'em sweat), so just don't worry. They are REQUIRED by LAW to process your rescission.

Jim
 

DoubleO8

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Refund

About being refunded... I "might" have lucked out. Specifically, because I didn't stay at the resort. I was sent in from agent at visitor center. I did sign the contracts to start billing me monthly rate of $310 (first payment in October) but they pushed the 6 month 0% interest "bill me later" option to pay off down payment of $2600. I walked out of there without having a penny taken just yet (LUCKY ME). Still, 45 days stretches past the my initial payment date on 10/7/2015. You think if they get cancellation this week they'll still charge my credit card just because?
 

Passepartout

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You think if they get cancellation this week they'll still charge my credit card just because?

I don't think it would happen out of spite or anything malicious, but billing and rescission are probably two different departments and one may not know what the other is doing. I'd notify the CC that a rescission is in process and that any charge from them will be contested. I'd call the CS number on the back- it might take written notice, but they'll tell you.
 

Pole D

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Just wanted to update my timeline and let everyone here know how things turned out:

Purchased on 8/12/15
Letter sent on 8/14/15
Letter delivered on 8/17/15
Phone call on 8/18/15
Phone call on 8/19/15
Phone call on 8/20/15
Refund on credit card ($500) on 8/25/15
Received Welcome letter dated 8/25/15 from David Siegel on 8/31/15
Received Cancellation letter dated 8/25/15 on 8/31/15

So everything went according to plan on the cancellation except for two things that surprised me:

1. I received a charge-back on my discover card only 8 days after they received my rescission letter.
2. I actually received a letter form them telling me the contract was cancelled.

Thanks for all your help folks! :whoopie:
 
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Karen G

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So everything went according to plan on the cancellation except for two things that surprised me:

1. I received a charge-back on my discover card only 8 days after they received my rescission letter.
2. I actually received a letter form them telling me the contract was cancelled.

Thanks for all you help folks! :whoopie:
Wonderful news!:clap: Thanks for coming back and letting us know how it all worked out!
 

Bembol

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hello all..just send today the cancellation letter on the time timeshare i bought last september 6, 2015. i know i have 5 days to cancel the contract. but can anyone advise me what to do next? should i phone them or cancel my credit card. just thinking how they gonna send my refund on downpayment
 

DeniseM

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You should do nothing but wait for your refund.

Do not call them, and don't accept their calls.

Calling has no legal standing, and if you do talk to them, I guarantee that you will just get the hard sell all over again - they will do whatever it takes to talk you out of rescinding.

If you made the payment with a credit card - it will be refunded to the card.

Patience Grasshopper.
 

TUGBrian

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I see at least a half dozen separate folks cancelling in one single thread, and $28k worth of confirmed savings.

love it!
 

Pole D

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hello all..just send today the cancellation letter on the time timeshare i bought last september 6, 2015. i know i have 5 days to cancel the contract. but can anyone advise me what to do next? should i phone them or cancel my credit card. just thinking how they gonna send my refund on downpayment

Bembol - It's a very easy process. Just go through this thread and follow what others have laid out. It's all right here. I did the exact same thing (also included my timeline) and it couldn't have gone smoother.

Once you follow the instructions on how to cancel then please make sure you don't take their calls. This was my wife's toughest part. I told her not to worry about the calls even though the voicemail messages would say they need to talk to us to proceed with the cancellation. It's not true. Don't listen to them.

Ask any questions you have here and I will try to answer/help but all you need to do is follow the thread.
 

Passepartout

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I see at least a half dozen separate folks cancelling in one single thread, and $28k worth of confirmed savings.

love it!

And those are just the ones that report their rescission. I'd wager, though it would be totally impossible to really put a number on it, that the real number is a LOT bigger. By example, my 'Tuna class action free money' thread. It was only active for 3-4 days, but got almost 1,000 views. I suspect a bunch of those folks clicked the link, applied for the refund, and never said a thing. Now there is a big difference in how loudly one crows about getting $25 or $50 compared to using TUG wisdom to save $10,000-$20,000- but no doubt TUG saves thousands of people millions of dollars.

One of the greatest sites on the internet- TUG!

Jim
 

Bembol

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is there any cancellation form that i should follow? i made my own format indicating my wish to cancel and included the copy of contract. i still have those they gave ( bag and promos)
 

Passepartout

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is there any cancellation form that i should follow? i made my own format indicating my wish to cancel and included the copy of contract. i still have those they gave ( bag and promos)

I thought I'd drawn up a sample letter, but can't find it right now. It doesn't need to be technical or legalese. (look up in post 62-63 for ideas) You've hit the basics. Include a copy of the signature page. for identification purposes. Make sure all signers of the contract sign the rescission letter

Write "promotional materials to be returned under separate cover" on the letter- and then send their crap back- cheapest way possible. Send that to the resort and keep the postal receipt in case they try to charge you for it.

Send it to the Ocoee FL address.

Glad you found TUG in time. If timeshare has some appeal after you nget your money back, stick around, do some reading. Become an educated consumer, and most importantly---- But RESALE, Save Thou$and$!

Jim
 

TUGBrian

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indeed, about to pay for some press releases announcing we topped the 7million in confirmed rescission money...hope that catches the eye of more owners!
 

hive@usa.com

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HELLO EVERYBODY!!! (my timeshare story and cancelation ON TIME!)

1st. I want to say DON'T BUY TIMESHARE NEVER NEVER NEVER PLZZzzzzz!!!!!!!!!!

2nd. if YOU are here i think you DID IT!!!

3rd. I want to tell about my family and SORRY MY ENGLISH!!! I'm from KYRGYZSTAN (Kyrgyz Republic) and I and my family just 1.5 year in USA (GreenCARD Holders) and i never before thought that in USA i could have this kind of problem (timeshare scammers). in my back home YES! but not in USA! that was i thought before. BUT IT HAPPEND!!!

4th. this summer we had vacation in Orlando, FL. and on 2nd day we went for a lunch in buffet and on the corner saw a small building DISCOUNT tikets ("One Stop Ticket Center" 5297 W Irlo Bronson Memorial Hwy
Kissimmee, FL 34746) and there was BLACK nice WOMAN, she explained us that we can get DISCOUNT tikets in one place... OK BLA BLA BLA a lot... we paid her 40$ and the rest 120$ (total 160$ for tickets for 5 person. It's very cheap, right?) we will pay after 90 min tour in Westgate. BUTTTTtttttt it was just BEGINNING of the tale "ALICE in WONDERLAND (or, 2 stupid parents in westgate)" we spent ALL DAY there. we were so tired at the end that we were ready to SIGN everthing just finish that! (a lot of words: its good deal you're doing for your CHILDREN bla bla bla) after about 6HR we signed and went back to hotel and then there we couldn't understand FOR WHAT we signed this contract, FOR WHAT? for just an AIR, yes AIR, for nothing, we will pay 9016$ for an AIR and.... it's not FINISH, after 9016$ all HELL is just STARTING, we WILL PAY ALL LIFE 887$ for MAINTENANCE every 2 years, all my life and then my KIDS!!!!!!!!!!!!!!
next day we went back to westgate (10000 Turkey Lake Rd. Orlando, FL 32819) and found notary TALYTA (SHE IS latinos DEVIL) and we asked her that we want to CANCEL our contract! she said NO! NO! it's impossible, you can't do this becaus IT'S MORTGAGE DEED bla bla bla... so bye bye
after 2 days we back home and start search how to CANCEL DEVIL DEED! BIG THANKS to this WEBSITE! IT'S realy helped us, SPECIAL BIG BIG THANKS for "solecito" and "www.tugbbs.com/forums" you helped US to come BACK from HELL!

5th. I want to share all documents what we got and what we sent to an EVIL OFFICE TIMESHARE! i hope it will help you too BECOUSE IT HELPED us!

we send in 3 adresses, but received an answer (telling that our contract is canceled) only from "2801 Old Winter Garden Road Ocoee, Florida 34761"

you know I had alot of BLA BLA in the office, if i write all here now it will be 1.000.000 words!!!!

here i couldnt add DOCUMENTS and photos. But if anyone wants i can send them by EMAIL! mail me hive@usa.com




MY LETTER TO OFFICE: "2801 Old Winter Garden Road. Ocoee, Florida 34761"

======================================================================================================================
Adilet XXXXXXXX and Aigul XXXXXXXX
666 Don’t Go There BAD PLACE. apt.666 (EXAMPLE)
Arlington, VA 34761 (EXAMPLE)
(666) 666-666 (EXAMPLE)
WestGate-BIG-EVIL@in-usa.com (EXAMPLE)

August 31, 2015

To whom it may concern,

We want to cancel our contract immediately with Westgate Vacation Villas L.L.C. / Westgate Resorts, Inc. to purchase a timeshare interest in the Westgate Town Center; Contract/Account Number XXX80XXXXXX-009. We are exercising our legal right to cancel this contract. We expect a full refund of our down payment of $1,416.00 US dollars. Do not make any additional charges to our credit card. Please confirm our legal rescission in writing.
Pursuant to Section 721.07(06), Florida Statutes, and as stated in the “Contract for Purchase and Sale” (item 4 of the terms and conditions) signed on August 26, 2015 we are entitled to ten (10) calendar days after the date we signed the contract (Contract/Account Number: XXX80XXXXXX-009 signed on August 26, 2015) to cancel any timeshare contract that we have entered into and we are therefore notifying you in writing as required by the Florida Statutes, that we are hereby cancelling the contract to purchase a timeshare at your property known as The Westgate Town Center, 7700 Westgate Blvd, Kissimmee, Florida 34747. Due to this cancellation we expect that the $1,416.00 (US dollars) total down payment that we paid using our credit card Bank of America MasterCard ending in XX-XX will be credited immediately upon receipt of this letter by you.

Timeshare: Westgate Town Center
Owner: Adilet XXXXXXXXX and Aigul XXXXXXXXXXX
Contract number: XXX80XXXXXX-009
Date of Purchase: 08-26-2015

CC of this letter will be sent by certified mail return receipt requested to:
-Westgate Vacation Villas, LLC
2801 Old Winter Garden Road
Ocoee, Florida 34761

- Westgate Lakes Resorts
10000 Turkey Lake Rd
Orlando, FL 32819

Additionally, we are sending a written notice to Florida Investments, INC to cancel our authorization to debit our Bank of America MasterCard credit card ending in 02-17.
-Central Florida Investments, Inc.
Corporate Headquarters
5601 Windhover Dr.
Orlando, Florida 32819

To clarify and confirm one more time, we want to cancel our timeshare contract immediately. Please provide us with a written response showing you have received this letter within the rescission period to our address on file: 666 Don’t Go There BAD PLACE. apt.666 and are therefore cancelling our contract. Additionally, please provide us with the information we will require to receive our down payment back.
Promotional materials to be returned under separate cover.

Sincerely,
Adilet XXXXXXXXXXX ___________________________

Aigul XXXXXXXXX ___________________________
======================================================================================================================


Here I share all DOCUMENTS (paper works) we hide some personal information
and when you sighn for THIS DEVIL PAPERS thay say we send after 2-3 weeks all DOCUMENTS by MAIL but NO! all DOCUMENTS you have with you in case
when you looking on map its look GRAIT but its looking only!!!!
OK and my LAST WORDS if you SIGHN less of 9 DAYS you GOOOD you realy GOOOOOOOOOOOOD you still have a chanse!!! if not i just can say SEARCH LAWER and it will be BIGGGggg problem for you and your POCET and HEAD!!! but i hope you have!
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 DEED

2 REFUND

3 ID

4

5

6

7

8

9

10
 
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Passepartout

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Hive, Welcome to TUG.
If I read correctly, you were trapped into buying from Westgate and you got a rescission letter off to them in time. You were able to cancel this purchase? Right? It would be helpful for you to tell us when you signed this contract.

We know the Ocoee, FL address is the right one to send the letter to. We are happy you found it and were able to send the letter. Congratulations!

I don't think it would be important or helpful for us to see the forms they use, so don't worry about scanning and posting them.

Oh, And don't worry about your English. I'm sure it's a lot better than any of our Kyrg- or whatever is spoken in your homeland. You spelled some of the English phonetically, but I think I was able to get most of the meaning of your words.

Good luck, and welcome here.

Jim
 

Ty1on

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I like you, hive, don't worry about your spelling, and grammar, I love your writing style.

I was wondering if you have any relatives that call themselves Raygold, though.

Congratulations on discovering rescission information on time!
 

Passepartout

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mm2015

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10 calendar day cancelation

HI,

I'm new to this site and need your help. We just got a stamped copy of the "Warranty Deed and Lien on real property" we've had the timeshare since 2012. We've wanted to get rid of the timeshare for years. It's paid for and we are only paying for the yearly fees. We thought that this was a done deal until we received a call while we were this 9/23/15 stating that we had not signed for our "stamped" copy of our Deed. When we got back home and I was putting the copy with the other documents, I read this paragraph on the "Contract for purchase and sale" document "You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statues, whichever is later." My question comes for this part of that paragraph "OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU" Since we just received this required "stamped" copy of our deed do we still have time to cancel this contract?
 

Passepartout

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mm2015, I don't know what if? But I bet that if you do nothing, like signing the deed you were sent, and someone from their property deeding department calls, you could ask, "What if I don't sign and return this?" If you are told that you really don't own anything, just say 'Thanks, send my money back.'

Or you could pen a nice rescission letter. Samples above here, follow the instructions you found. Send it Certified/return receipt. What are you out? Maybe $5-$10. Tell them like you said here, that due to THEIR tardiness in getting you the correct papers in a timely manner, that you decided to take advantage of your legal right of rescission. Sorry that you missed the original rescission date, but it appears it was THEIR error.

The only problem with this is that they have lots of lawyers with time on their hands, so you can bet they will fight you and delay refunding any money as long as they can and probably until some judge rules in your favor. But initially, it won't cost you much to see if they cave easily.

Jim
 
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