[ 2014 ] Cancelling a Westgate Timeshare [merged]

[Maple_Leaf]

Wastegate's "Secret Pocket"

The paper copy with all the appropriate numbers is in the hidden pocket accessible along the inside spine of the binder they gave you.

Here is information about the Wastegate "secret pocket" to help you find the documents:

http://tug2.net/timeshare_advice/westgate-cancellation-secret-pocket.html

 

[JohnV8]

Thanks!

Thanks for the amazingly quick reply. Sure enough the documents were in the hidden pocket. I am sending a certified letter today to rescind the contract. I'll post again later to let everyone know how it went.

I also looked on Ebay for the same timeshare I bought for $11,000. There are many of them for sale for $1 with no one bidding on them. I guess the market is really flooded with these. I guess buying one on ebay would be another option, but I'm worried with no one bidding on them I could get stuck with something that I may not want to use in the future.

I have to research this more. Most of my vacations are short 2 to 4 nights to go skiing and I book them last minute. My guess is that Interval or RCI is not very compatible with last minute bookings, even though I was told by the sales agent that there is quite a bit of availability for last minute. My guess is that she was referring to low season units elsewhere or vacation getaways which doesn't get me what I want when I want at last minute during ski season.

 

[theo]

Thanks for the amazingly quick reply. Sure enough the documents were in the hidden pocket. I am sending a certified letter today to rescind the contract. I'll post again later to let everyone know how it went. <snip>

Please understand clearly that rescission is your legal right, provided by applicable state law. It is not an act of developer benevolence nor is it subject to their discretion; the developer has absolutely no other choice or option other than to process a timely submitted, properly addressed letter of rescission and issue full refund of any deposit paid with 45 days maximum. Period, amen. While we will welcome and appreciate your later confirmation that your rescission has been fully completed, "how it went" is actually already a foregone conclusion if you follow through properly. After all, it's the law and even the Weasels of Wastegate do not dare to flaunt the law.

P.S. If you haven't picked up on this already from your reading here, you may very well get phone calls from the sales weasels, desperately seeking to sweeten / salvage the deal. No good can possibly come of these (legally meaningless anyhow) telephone conversations on a contract matter. Do not under any circumstances call these parasites to "follow up" on your rescission progress and do not answer any incoming calls from them either after sending your rescission.

Congratulations . You are essentially avoiding spending $11k to acquire something which you couldn't even give away for free a week later (as you have apparently already discovered on your own from discovering no-bid eBay listings of similar Wastegate "products").

 

[Passepartout]

John, they're a sneaky bunch. They call that hidden pocket a 'security' feature. Right. Security for THEM so buyers can't find the contract and rescind it.

You'll know they got the letter when your phone starts ringing. Best advice is to not answer it. No good can come from talking to the weasels. Nothing said verbally is binding. Your refund will appear close to the legal maximum 45 days after they receive the rescission letter, and there is no requirement for them to notify you or give you a progress report on your rescission.

Yes, there are about a bazillion timeshares on eBay. Most TUGgers have bought there. You can get some darn nice ones for a buck or so.

Using timeshares does require the ability to do some advance planning. For your application- last minute rental for short stays will not be very successful. There are some last minute getaways and 'Last Calls' on the major exchanges, but generally, they are not top-shelf offerings. Usually 2nd tier resorts during shoulder and off season. However there are some dandy last minute rentals here in the forum of the same name here in TUG, with no buy in cost and a maximum cost of $100/night.

We're glad you found us, and were able to locate your contract and rescind it.

Continued good luck....

Jim

 

[LannyPC]

I have to research this more.

That is always a good idea before purchasing any timeshare or even acquiring a "resale" one for free. Many here on TUG would recommend spending at least six months researching and asking questions from unbiased sources. A 90-minute presentation does not count as research.

 

[JohnV8]

Thanks!!!

:rofl: Thanks to all for the great advice! I will continue my research to see if I can somehow benefit from a $1 ebay deal, but I won't buy until I am certain. My guess is that I won't buy because I also see some deals for 1 and 2 bedroom units on travel booking sites for $500-$1200 for the entire week including Westgate and other resorts, and that is if I search 1 week or 2 months out, doesn't matter. It's actually comes up a little cheaper if it's only one week out, and as I said I like to book last minute. That is about what I would pay in fees anyway so why lock in with a Timeshare.

So far the main benefits for timeshare ownership that I have seen are:

• if you like to go during peak season
• and you have very specific luxury accommodations in mind
• and you like to book well in advance

 

[TUGBrian]

renting is a fantastic way of using timeshares without having to buy!

 

[JohnV8]

Sure enough my phone rang today and I didn't answer it. It was the closing agent, he left a message. At least I know they got my letter.

 

[LannyPC]

It was the closing agent, he left a message.

Just for mild amusement purposes, would you care to share what that message said?

 

[Buenobox]

Urgent help please

Hello Jim,

We bought a studio timeshare on 12/24/2015 at Westgate Las Vegas. Knowing it was huge mistake after reading forum and will be sending the rescission letter along with sign cancellation letter to the address in Florida. On top of free show tickets, we were also given Westgate breakfast voucher to return back to hotel tomorrow (12/26/2015), supposedly to meet with closing officer and salesperson to go through details and answer our questions. Besides the binder, we were also given a free Westgate tablet.

Our questions:
1. Should we bother to return to Westgate tomorrow as invited to ask for cancellation? I figure we shouldn't because they will most likely "hostage" us further.
2. Tablet is given to us and we will return, wonder to return this to Westgate Las Vegas or the developer in Florida?
3. Breakfast voucher given to us but we will not go to. We still have the voucher. Wonder if it can be refunded or they will still charge for issuing it already.
4. Please confirm if it is true that the 5 calendar days cooling period is based on timestamp as sent (not when is received)?
5. We have done all that we read from forum, anything else to do?

Hopefully you can respond to us at your earliest convenience. It is such a big lesson to learn on Christmas day....much appreciated!!

 

[Passepartout]

Our questions:
1. Should we bother to return to Westgate tomorrow as invited to ask for cancellation? I figure we shouldn't because they will most likely "hostage" us further.
2. Tablet is given to us and we will return, wonder to return this to Westgate Las Vegas or the developer in Florida?
3. Breakfast voucher given to us but we will not go to. We still have the voucher. Wonder if it can be refunded or they will still charge for issuing it already.
4. Please confirm if it is true that the 5 calendar days cooling period is based on timestamp as sent (not when is received)?
5. We have done all that we read from forum, anything else to do?

Hopefully you can respond to us at your earliest convenience. It is such a big lesson to learn on Christmas day....much appreciated!!

1) Don't bother going to the breakfast for the reason you outlined. Don't answer the phone from unknown numbers. They are trained to counter any argument you have to save the sale and their commission.
2) Return the tablet to the resort. Make sure that you get a receipt. Postal would do fine.
3) Frame it as a reminder.
4) The time is from when the rescission letter is postmarked. It doesn't matter when it's delivered. Send it Certified w/return receipt for your own peace of mind that it was delivered.
5) Welcome to TUG. Relax. Enjoy your vacation. It can take up to 45 days to see a refund. Do some more TUG reading. Be like Scrooge. Count the money you saved and imagine how many great vacations it will buy you when you learn about resale timeshares.

Jim

 

[Buenobox]

2) Return the tablet to the resort. Make sure that you get a receipt. Postal would do fine.
4) The time is from when the rescission letter is postmarked. It doesn't matter when it's delivered. Send it Certified w/return receipt for your own peace of mind that it was delivered.

Thanks Jim for the rapid response. Just a few more advice needed please.
2) Which resort to return the tablet to? Vegas or Florida.LLC? Should we wait for the cancellation confirmation letter from them to specify where to return to?
4) There are only a few usps open on Saturday nearby the strip but they have bad reviews of lost mail, mail not being processed on time. Does the postmarked date stamp go by the date I purchase the certified mail or by the date usps mail out? As we signed on Dec 24, today is third day of cooling period. Should we pay for priority certified mail so they mail it out faster?
6) On the timeshare notice of cancellation, it states "the purchase of a timeshare may cancel, by written notice, the contract of sale until midnight of the fifth calendar day. The contract of sale must include a statement of this right." On top of the cancellation notice and the rescission letter, do we need to mail along the grant bargain and sale deed and the contract for purchase and sale?
Appreciate your sense of urgency. We are mailing them today.

 

[Karen G]

The date you mail your rescission is the one that is most important--not the date they receive it. That is why you want to send it by certified mail so that you have the receipt from the post office showing the date it was mailed.

You don't need to return the sales contract or other documents, but if there's a contract number or other identifying numbers you could mention those in your letter. Be sure that everyone who signed the purchase contract also signs the rescission letter.

As for returning the tablet and binder, just send them back by the cheapest method available. Be sure you enclose your name and address so they know who it is coming from.

 

[Passepartout]

Don't over think this. Send the tablet to where you got it. By mail, don't drop it off before the rescission period ends.

Don't sweat the reviews of the post office. As long as you have the receipt that they accept it, you are good.

Make a copy of the signature page of the contract that shows the contract number and include it with the rescission letter to the business office in Ocoee, FL.

They are liars and thieves, but won't mess around with rescission laws. They've lost too many suits. All you are needing to show is your intent to rescind. That's enough.

Mail the letter and relax. There is a great breakfast place over on Maryland Parkway across from UNLV For after you visit the post office.

 

[theo]

<snip> Does the postmarked date stamp go by the date I purchase the certified mail or by the date usps mail out? As we signed on Dec 24, today is third day of cooling period. Should we pay for priority certified mail so they mail it out faster? <snip>

Postmark date hand stamped on your certified mail receipt at the USPS counter is ultimately the only date that matters in the eyes of the law. Save that receipt.
It does not matter one bit when your parcel actually leaves the facility, nor does it matter one bit when the correspondence is later delivered to the recipient.

P.S. Congratulations. You really and truly want absolutely nothing to do with the slimy likes of Westgate --- not at any price and not at any time, IMnsHO.

 

[Buenobox]

Thank you!

Appreciate all your input guys! We certified mailed the cancellation notice and other required docs on Dec 26 which is the third day after closing date. It should arrive this week, but I don't expect they will process it upon receipt as it is the holiday week. I will post updates in a month.

 

[Buenobox]

Status update

Hello all, a quick update on our status. We mailed in the paperwork on dec 28th, and got the money back on credit card on jan 5th. However, we also paid partially in cash but as of today still have not received the money back. Nor welcome or cancellation letter. The paperwork stated they will refund within 20days and today is the 20th day. Anyone has feedback re: timeline to receive the deposit back if paid in cash?

Thank you.

 

[RussanCole]

canceling waste gate

Hello an thanks I found our rescission information in a tapped brown envelope with a CD of of our contract we got ours last Sunday February 14th 2016 ok so today I sent off our rescission paper I had it notarized but didn't have the paper it's self post marked the envelop it's in is post marked an certified as well as priority sent should I resend it an see if post office will post mark the letter it's self? I made the mistake of calling the closing officer an ask about how I needed to go about canceling our contract she said unfortunate for us the 10 days is only if we had a car wreck or lost our jobs or health issues lol so I did tell her fine I lost my job she said she would make some phone calls an see what she could do an that I'll not get a refund an she never called back but any help would be appreciated as I should be ok the time share we got is wast gate Smokey mountain resort in Tennessee an also live in Tennessee our letter went out today February 16 2016 an should be there the 18th but thought some of you may get a kick outta what the loan officer had to say

 

[RussanCole]

One more question when I send there tablet an binder back do I have to send our contract as well?

 

[Passepartout]

I'd send that junk back to where you got it (the resort) Send it the cheapest, parcel post rate and keep the postal receipt showing that it was sent in case they come back with a charge. Ideally, you should have written on the rescission letter, 'promotional material to be returned under separate cover'. If that didn't get in there, don't lose any sleep over it. Just keep the receipt.

 

[Buenobox]

Don't bother sending back the binder and the tablet until you receive their letter of confirmation what is deducted from the deposit. You have done all you could in a timely manner. As long as you mailed your cancellation notice within 10 calendar days with certified mail (so you have proof when you mailed out), you're good. You have all rights to cancel without a reason. As we all agree these Westgate people are all liars and bullshit to make a living, don't attempt to contact any of them and waste time on their craps.
Now I will suggest you to go through the details posted in this forum and see if anything you missed. If all is done, all you can do now is to wait for their confirmation letter in your mail before deciding to mail back the binder and tablet because you don't know how much they deduct from you, and compared to how much it costs to ship those, it might be better off keeping them.
I received the credit back to my credit card in 5 days after my mail, the letter in a month and the cheque in 45 days. They did take longer than usual mail because I believe they back date everything so that they appear to abide to the laws on paper.

 

[John O]

We recently purchased Westgate Resort TS (Orlando, Fl) at the beginning of this month, after reading several reviews, we decided to cancel the contract (3 or 4 days after purchase) which is within the time frame allowed per State of Florida law. We haven't heard or receive any notification from Westgate. We have decided not to make our first payment coming due in Feb, I'm not sure may be that's a right decision. Also, the payment on the Westgate credit card that was issued and charged for the closing cost is also coming due but not sure whether to pay or hold-off on that one too? Will it be appropriate to involve any lawyer at this stage? Any idea please....

 

[Ty1on]

We recently purchased Westgate Resort TS (Orlando, Fl) at the beginning of this month, after reading several reviews, we decided to cancel the contract (3 or 4 days after purchase) which is within the time frame allowed per State of Florida law. We haven't heard or receive any notification from Westgate. We have decided not to make our first payment coming due in Feb, I'm not sure may be that's a right decision. Also, the payment on the Westgate credit card that was issued and charged for the closing cost is also coming due but not sure whether to pay or hold-off on that one too? Will it be appropriate to involve any lawyer at this stage? Any idea please....

Call the CC company and let them know you rescinded, offer to send them a copy of your rescission letter, and state that you wish to dispute the charge. This may suspend it until Wastegate refunds them.

 

[theo]

We recently purchased Westgate Resort TS (Orlando, Fl) at the beginning of this month, after reading several reviews, we decided to cancel the contract (3 or 4 days after purchase) which is within the time frame allowed per State of Florida law. We haven't heard or receive any notification from Westgate. We have decided not to make our first payment coming due in Feb, I'm not sure may be that's a right decision. Also, the payment on the Westgate credit card that was issued and charged for the closing cost is also coming due but not sure whether to pay or hold-off on that one too? Will it be appropriate to involve any lawyer at this stage? Any idea please....

There is certainly no need for any attorney involvement. The FL rescission period is 10 days by state law. I hope that you sent your rescission correspondence by certified mail, which provided you with documentary proof of postmark date. Actual delivery date doesn't matter one bit. Even slimy Westgate would never dare to openly defy applicable state law regarding a properly addressed and timely submitted rescission.

Do not make any payments to Westgate. They don't actually have to provide you with confirmation of any sort regarding your rescission.
Their only legal obligation is to process a (timely submitted, properly addressed) rescission and issue 100% refund of any deposit. While it likely won't take that long, they actually (and lawfully) have up to 45 days to get your deposit credited back to you. In the meantime, follow the advice provided above by Ty1on regarding promptly and formally disputing any and all related credit card charge(s). It would also be wise to not use that credit card at all for anything else, making clear to the cc issuer that any all charges going forward are neither authorized nor legitimate.

 

[John O]

Will surely contact the CC company as you've indicated. Thanks so much.