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Right to cancel timeshare contract Westgate in Missouri

Dobra

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Please help. I signed yestarday on 6/30/17. I have no access to print the contract about how to send the notice to rescind. Some posts from 2014 indicated the notice must be sent to Florida address? If anyone knows please let me know. The secret pocket in the binder had nothing in it...I just got a CD...gosh our vacation time is ruined and I have no idea where and how to mail the notice. Should I hand the notice to closing officer? Can the notice be handwriting. Of course there is no business center on the Westgate property in Missouri. What do I do??? I will exceed my 5-day period by the time we are back home. I'm so worried. Please help.
 

Cjth47

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Please help. I signed yestarday on 6/30/17. I have no access to print the contract about how to send the notice to rescind. Some posts from 2014 indicated the notice must be sent to Florida address? If anyone knows please let me know. The secret pocket in the binder had nothing in it...I just got a CD...gosh our vacation time is ruined and I have no idea where and how to mail the notice. Should I hand the notice to closing officer? Can the notice be handwriting. Of course there is no business center on the Westgate property in Missouri. What do I do??? I will exceed my 5-day period by the time we are back home. I'm so worried. Please help.
We
Please help. I signed yestarday on 6/30/17. I have no access to print the contract about how to send the notice to rescind. Some posts from 2014 indicated the notice must be sent to Florida address? If anyone knows please let me know. The secret pocket in the binder had nothing in it...I just got a CD...gosh our vacation time is ruined and I have no idea where and how to mail the notice. Should I hand the notice to closing officer? Can the notice be handwriting. Of course there is no business center on the Westgate property in Missouri. What do I do??? I will exceed my 5-day period by the time we are back home. I'm so worried. Please help.
 

Passepartout

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You can hand-write a rescission letter. It doesn't have to be legalese, just:

I/We wish to exercise our right of rescission to cancel contract #____________ Dated___________
signed _______________husband ______________wife
We expect full and prompt refund of all funds paid as down payment and cancel any permissions to debit any accounts or credit cards.

It would be good if possible to send a copy of the signature page of your contract for identification, but it isn't critical. The letter is.

Send it to the Ocoee, FL address. Send it USPS Certified w/return receipt so you get proof of delivery.

Then go back to your vacation. DO NOT go back to the sales office or answer their calls. No good can come of that.

Welcome to TUG!

Jim
 

Cjth47

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Dobra,
We just got back from the Smokey Mountains and my husband made a HUGE MISTAKE of signing a contract with them on June 26th, 2017 a Monday. On Tuesday I did a lot of research because this just didn't settle well with me. My instincts were telling me we had been taken advantage of and mislead. I immediately pulled out the CD they gave us and went through everything. In Tennessee you have the right to rescind within 10 days so I got started right away. I went to the Wal-Mart and purchased a laptop/printer and types up my letter to rescind on Wednesday due to the fact we were not going to be back home until the 29th. We sent out a letter to the cooperate office as stated in the contract bit I also sent one to the Resort in Smokey Mountains were we purchased as well. Once we got home on Friday I sent out another letter by certified mail and one by receipt of delivery and another just regular mail. All were postmarked on the 29th. I too am worried to death. And am praying that I have done everything correctly. I am even thinking of sending a letter everyday until July 6th just to be on the safe side. My husband says that's crazy and I just say.. No you were crazy for even getting us into this mess!
 

RX8

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As long as you followed the instructions laid out on the contract you only need to send it once.

Westgate must have pictures of some high ranking government official because there can be no other explanation as to how they can continue to get away with deceitful tactics that include making it intentially difficult for customers to have access to the contract and rescission instructions.
 

Dobra

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You can hand-write a rescission letter. It doesn't have to be legalese, just:

I/We wish to exercise our right of rescission to cancel contract #____________ Dated___________
signed _______________husband ______________wife
We expect full and prompt refund of all funds paid as down payment and cancel any permissions to debit any accounts or credit cards.

It would be good if possible to send a copy of the signature page of your contract for identification, but it isn't critical. The letter is.

Send it to the Ocoee, FL address. Send it USPS Certified w/return receipt so you get proof of delivery.

Then go back to your vacation. DO NOT go back to the sales office or answer their calls. No good can come of that.

Welcome to TUG!

Jim

Thank you so much, Jim! Much appreciated!
 

LannyPC

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I'm so worried. Please help.

You have already received some great advice how to rescind so I suggest you follow it. Some other points that we like to add to give to people in your boat is:

1) Be careful of incoming phone calls that you do not recognize. A lot of times, once the rescission letter is received, the sales people will phone you trying to get you to reverse your decision to rescind. They may try to offer a few extra perks or give you a "discount", but neither of those are worth it. They may also give some empty threats saying that you will face legal or financial consequences if you rescind. That is not true.

2) Do not panic if you don't receive your refund immediately. They legally have up to 45 days to refund your money. So, for the reasons mentioned above, do not go calling the resort if you do not receive your refund immediately.

3) File a dispute with your credit card company if you made the original purchase on your credit card. It might not be absolutely necessary but it wouldn't hurt. It's a great backup plan.
 

Dobra

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Thank you to all of you who responded. We went to library and I typed the letter and I was able to print pdf contract with signatures from the CD given by Westgate. In the contract there was an address to both Florida and Missouri and I mailed certified letter to both. I'll get signature confirmation online, as well. Hopefully this is enough to cancel...I remember closing officer told us we get everything on CD because this is how everything is processed and he made us sign the waiver that we agree to receive the documents electronically. This is probably why I was not handed a paper copy of the Right to Rescission info. When we were signing I tried to read what I was signing electronically but they said I just need to touch 'start' button to scroll to the signature block. Then I was to touch 'sign' button which put my signature electronically and then 'finish' button which automatically and immediately locked me out of the document I was signing. The start button does not allow to review anything you sign. No paper documents to follow so you don't know what you signed. The closing officials are trained (I assume) not to give you time to review because he is talking and asking questions throughout this exercise. The questions are not related to the document you are signing...and click goes another document on the tablet. DONT DO IT! I should have ask for paper...
Then the officer ask you to ask him questions but how can you have questions when you are not allowed to read what you sign...
Westgate Missouri is a scam for sure. Their sales techniques are ask you the'yes' questions then give you 'good' price and then touch your emotions...in our case referring to kids and their awesome vacations for 'small price'. Run!
Does anyone know how the cancellation influences credit scores?
 

Passepartout

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No influence at all. Rescission, by definition means 'to set affairs back to the way they existed before any transaction occurred.
 

Cjth47

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As long as you followed the instructions laid out on the contract you only need to send it once.

Westgate must have pictures of some high ranking government official because there can be no other explanation as to how they can continue to get away with deceitful tactics that include making it intentially difficult for customers to have access to the contract and rescission instructions.
Thank you for your advice and yes I followed it exactly
Thank you to all of you who responded. We went to library and I typed the letter and I was able to print pdf contract with signatures from the CD given by Westgate. In the contract there was an address to both Florida and Missouri and I mailed certified letter to both. I'll get signature confirmation online, as well. Hopefully this is enough to cancel...I remember closing officer told us we get everything on CD because this is how everything is processed and he made us sign the waiver that we agree to receive the documents electronically. This is probably why I was not handed a paper copy of the Right to Rescission info. When we were signing I tried to read what I was signing electronically but they said I just need to touch 'start' button to scroll to the signature block. Then I was to touch 'sign' button which put my signature electronically and then 'finish' button which automatically and immediately locked me out of the document I was signing. The start button does not allow to review anything you sign. No paper documents to follow so you don't know what you signed. The closing officials are trained (I assume) not to give you time to review because he is talking and asking questions throughout this exercise. The questions are not related to the document you are signing...and click goes another document on the tablet. DONT DO IT! I should have ask for paper...
Then the officer ask you to ask him questions but how can you have questions when you are not allowed to read what you sign...
Westgate Missouri is a scam for sure. Their sales techniques are ask you the'yes' questions then give you 'good' price and then touch your emotions...in our case referring to kids and their awesome vacations for 'small price'. Run!
Does anyone know how the cancellation influences credit scores?
They did the exact same thing to us. Which really made me think to hurry up and get out!! Glad you got you letter in the mail. Now we just sit back and wait. And yes, we have already started getting phone calls from them and an email stating a better offer. Yeah right, like I will really let that happen.
 

dougp26364

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I had a friend who had the same thing happen, NO information was included about their right to rescind or where to send the letter. We looked up Westgates corporate address online as well as the sales office address where they signed their contract. Letters were sent to both locations, overnight mail requiring a signed receipt so that there would be a record of Westgate receiving the notice to rescind. The contracts where cancelled without a fight.

Westgate has been guilty of failing to include the right to rescind paperwork for a very long time. I'm sure they have buyers sign so the paperwork and keep the original on file in their offices, making it look as if they're complying with the law when they're audited. The only way they'd get caught is if inspectors went in undercover and signed a contract, then inspected the paperwork after leaving only to find Westgate failed to include copies with the customers packet. I would LOVE to read about Westgate getting busted for this doractice and forced to announce and reopen the right to rescind period to every single person who ever signed a contract with Westgate. Something like that could put a big dent in their profit margins.
 

RLS50

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Westgate Missouri is a scam for sure. Their sales techniques are ask you the'yes' questions then give you 'good' price and then touch your emotions...in our case referring to kids and their awesome vacations for 'small price'. Run!
A couple of thoughts...

1. Congratulations on figuring out you needed to rescind immediately and saving so much money.

2. You have been introduced to the sales side of the timeshare business, where the industry's terrible reputation is largely derived from. But it is true that timesharing can provide some great vacations. They have for our family. Just buy one that works for your family on the resale market. And avoid buying resale from the timeshare companies that seem to have mountains of complaints against them nationwide and so many restrictions (Westgate, Diamond, Festiva, etc). Check out Marriott, Westin, or Disney. Maybe Hyatt or HGVC. Maybe a local independently owned and operated resort with a great history and great HOA within driving distance from your home. Find a resale property in a place your family can and would want to use, and a place ideally within driving range if possible. Buy something during a prime week with good trading value for the years you want to try something different and travel elsewhere. Do the research on fair market values, and you will likely find a place at a value that will deliver to you what you wanted for your family and friends.
 

boyblue

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TUGBrian

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VacationForever

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Bushy66

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I had a friend who had the same thing happen, NO information was included about their right to rescind or where to send the letter. We looked up Westgates corporate address online as well as the sales office address where they signed their contract. Letters were sent to both locations, overnight mail requiring a signed receipt so that there would be a record of Westgate receiving the notice to rescind. The contracts where cancelled without a fight.

Westgate has been guilty of failing to include the right to rescind paperwork for a very long time. I'm sure they have buyers sign so the paperwork and keep the original on file in their offices, making it look as if they're complying with the law when they're audited. The only way they'd get caught is if inspectors went in undercover and signed a contract, then inspected the paperwork after leaving only to find Westgate failed to include copies with the customers packet. I would LOVE to read about Westgate getting busted for this doractice and forced to announce and reopen the right to rescind period to every single person who ever signed a contract with Westgate. Something like that could put a big dent in their profit margins.

Westgate getting busted and having to pay out to people would be music to so many ears.
I do find it odd that they get away with their practices unchallenged and as the US seem to lead the way in tort law I'm amazed that someone hasn't brought them to task. It seems there are UK residents getting compensation for mis sold TS in Europe
 

boyblue

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Not a good idea. Westgate puts booking restrictions on resale units.

Oh wow, did not hear about that. If there's a thread discussing Westgate booking restrictions, I'd like to read up, please share.
 

VacationForever

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We were suckered into our timeshare yesterday. Thank goodness I found this page and now know that I can cancel within 10 days. Issue I have is that I have no cancellation instructions included with my carrying case. Nothing in the hidden pocket. Since we're on vacation we also have no access to a computer to view the disc they provided. My question is, what is required to send to the Florida address? Just the rescission letter?
 

Passepartout

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We were suckered into our timeshare yesterday. Thank goodness I found this page and now know that I can cancel within 10 days. Issue I have is that I have no cancellation instructions included with my carrying case. Nothing in the hidden pocket. Since we're on vacation we also have no access to a computer to view the disc they provided. My question is, what is required to send to the Florida address? Just the rescission letter?
Yes, just a simple 'We wish to cancel' letter will do it. All signers of the contract should sign the rescission letter. Send a copy of the signature page if you can for ID purposes. Send it USPS Certified w/return receipt to the Ocoee FL address. I like adding the line 'Promotional materials to be returned under separate cover', then send their junk back by the cheapest means.

We're glad you found us. Welcome to TUG.

Jim
 

Mitter

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Yes, just a simple 'We wish to cancel' letter will do it. All signers of the contract should sign the rescission letter. Send a copy of the signature page if you can for ID purposes. Send it USPS Certified w/return receipt to the Ocoee FL address. I like adding the line 'Promotional materials to be returned under separate cover', then send their junk back by the cheapest means.

We're glad you found us. Welcome to TUG.

Jim
Thank you so much. We are too. This page just saved me a lot of money and headaches.
 

Passepartout

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Talent312

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Would our contract number be the same as our account number? I just need to include it in the letter.

Your contract # is likely different than your account #. Look on your contract.
I'd include a copy of the face-page + signature page, referring to them in your letter.
.
 
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