New time share owner - want out!

mike1536 wrote:

cathyv37 wrote:

...realized yesterday that they had withdrew from my checking account 213.29, monthly payment. I sent them a letter and have the signed receipt, put a stop on my checking account but the slick a## people changed the name in order to slip thru my bank.

=============== If Cathy properly rescinded and the developer made a conscious effort to change a name to withdraw $$$, is this THEFT?

Don't you have a bank account number? How could they change the name on the account?

If you have all the receipts (USPS return reciept) from your rescission that you sent to the developer within the rescission timeframe, they will BE FORCED to return all your money .... it's the law.

jayjay wrote:

mike1536 wrote:

cathyv37 wrote:

...realized yesterday that they had withdrew from my checking account 213.29, monthly payment. I sent them a letter and have the signed receipt, put a stop on my checking account but the slick a## people changed the name in order to slip thru my bank.

=============== If Cathy properly rescinded and the developer made a conscious effort to change a name to withdraw $$$, is this THEFT?

Don't you have a bank account number? How could they change the name on the account?

If you have all the receipts (USPS return reciept) from your rescission that you sent to the developer within the rescission timeframe, they will BE FORCED to return all your money .... it's the law.

jayjay wrote:

mike1536 wrote:

cathyv37 wrote:

...realized yesterday that they had withdrew from my checking account 213.29, monthly payment. I sent them a letter and have the signed receipt, put a stop on my checking account but the slick a## people changed the name in order to slip thru my bank.

=============== If Cathy properly rescinded and the developer made a conscious effort to change a name to withdraw $$$, is this THEFT?

Don't you have a bank account number? How could they change the name on the account?

If you have all the receipts (USPS return reciept) from your rescission that you sent to the developer within the rescission timeframe, they will BE FORCED to return all your money .... it's the law.

I do have two receipts, one for express mail and also with the return of receipt. What else can I do, I called the place today and no answer. Does anyone know the main number to this place.

HELP ME

cathyv37 wrote:

jayjay wrote:

mike1536 wrote:

cathyv37 wrote:

...realized yesterday that they had withdrew from my checking account 213.29, monthly payment. I sent them a letter and have the signed receipt, put a stop on my checking account but the slick a## people changed the name in order to slip thru my bank.

=============== If Cathy properly rescinded and the developer made a conscious effort to change a name to withdraw $$$, is this THEFT?

Don't you have a bank account number? How could they change the name on the account?

If you have all the receipts (USPS return reciept) from your rescission that you sent to the developer within the rescission timeframe, they will BE FORCED to return all your money .... it's the law.

I do have two receipts, one for express mail and also with the return of receipt. What else can I do, I called the place today and no answer. Does anyone know the main number to this place.

HELP ME

Forgot to add that how did they change the name on how they withdrew it. First 289.00 was authorized by us and on the one page contract we have it said to mail payments to a different address. So, what they did was change the name on their end and still got away with my money.

I am at my witts end with this place. As I said instead of using Westgate they went under a different name to withdraw the money out of my checking yesterday. I have already contacted my bank this morning and they are going to try and get my money back.

HJV

Thanks for any help of what else I can do. Don't know the main number so I am sos.

cathy, what date did you buy from Westgate? In Florida you have a certain amount of days to rescind a developer bought timeshare (it's in your contract). If you rescinded after that timeframe then I'm afraid it's too late. The rescission letter you sent by USPS certified mail/return receipt, date/time stamp is the main criteria justifying a rescission, not the day/time it reaches the resort.

If you were within the rescission time period, then you really don't have to do anything ..... they will credit your credit card for your deposit and the drafts from your bank. Just keep checking your credit card and your bank account. If you were within your rescission timeframe, there's no need to fret, but it may take a little time for the credits to go through. Please read your contract to see what date you signed and how many days you had to rescind.

jayjay has noted in part: >> In Florida you have a certain amount of days to rescind a developer bought timeshare (it's in your contract).<<

The time period for contract rescission in the state of Florida is 7 days, by law.....regardless of what a contract says or does not say. That's simply the LAW. Sundays don't count, but Saturdays do. The contract rescission correspondence must be postmarked within 7 days of the date of contract signature. Certified mail is not legally necessary, but certified mail provides documentary proof (a date stamped USPS receipt) of having met (or failing to meet) the applicable time deadlines. Contract rescission instructions must be followed exactly, including mailing the cancellation to the proper address, which may very well be completely different from the location of the original sales presentation. If the cancellation instructions (which are printed right on the back of each and every contract document, as is required by law) specify the use of U.S. Mail, then neither fax, email, UPS, FedEx, hand delivery or carrier pigeon are legally adequate substitutes for following the instructions provided in (i.e., printed on) the contract.

ken1193 wrote:

The time period for contract rescission in the state of Florida is 7 days, by law......

Actually it's 10 calendar days, not 7. Florida statute concerning timeshare rescission below:

721.10 Cancellation.--

(1) A purchaser has the right to cancel the contract until midnight of the 10th calendar day .....

Regarding buying from a developer: I have noticed that on the resale market you do not often get the benefit of the Vacation Points conversions. Our Hawaii timeshare (1 week a year) comes with the option of trading our week for 121,800 RCI points. That's a lot of points for vacations, airfare via their parnters, rental cars and other partner benefits. The only way I can resell our timeshare AND transfer the RCI points benefits to the new owner, is if the new owner assumes some portion of the original loan (which they can then pay off the next month if desired). Otherwise the points do not transfer and as far as I am concerned, the timeshare would only be worth 1/4 to 1/3 the original price.

AMM

Finally was able to speak with someone today and they claim they never received the opt out letter. The person I spoke with yesterday said they did. Who in the heck do you believe. So off I went to the UPS store to fax it to them again. What I am going to do is close my accounts at my credit union and start all over with new account numbers etc. This will be a pain in the ass since I will have to notify so many companies that I allow to debit payments every month. Oh well, at least they cannot access my account after this is done. I don't think this problem will go away unless I do. As far as recouping my 289.00 and 213.29 I doubt I ever will. Had to learn a lesson the hard way.

Just a note to anyone going to Orlando, DO NOT BUY A TIMESHARE!!!!!!!!!

Thanks everyone for your help.

HJV

cathyv37 wrote:

Finally was able to speak with someone today and they claim they never received the opt out letter. The person I spoke with yesterday said they did. Who in the heck do you believe. So off I went to the UPS store to fax it to them again. What I am going to do is close my accounts at my credit union and start all over with new account numbers etc. This will be a pain in the ass since I will have to notify so many companies that I allow to debit payments every month. Oh well, at least they cannot access my account after this is done. I don't think this problem will go away unless I do. As far as recouping my 289.00 and 213.29 I doubt I ever will. Had to learn a lesson the hard way.

Just a note to anyone going to Orlando, DO NOT BUY A TIMESHARE!!!!!!!!!

Thanks everyone for your help.

HJV

All the proof you need is the dated/time receipt from the post office. I assume that's what you faxed them.

cathyv37 wrote:

As far as recouping my 289.00 and 213.29 I doubt I ever will. Had to learn a lesson the hard way.

Just a note to anyone going to Orlando, DO NOT BUY A TIMESHARE!!!!!!!!!

Thanks everyone for your help.

HJV

If your rescission was within the proper timeframe, they have no choice (by law) but to refund whatever you've paid them. If you close all your bank accounts, they'll have no way of knowing where to refund your money. I suggest leaving that bank account open with no funds in it and when this is all over, you can close that account and move on to your new accounts.

You never did say what date you sent the rescission letter .... that date/time stamp is of the utmost importance, because if the letter was received by the resort AFTER your rescission period had passed, then they can legally come after you no matter how many new accounts you open and they can ruin your credit if you refuse to abide by the contract you signed with them.

cathyv37 wrote:

We purchased a timeshare at the Westgate Villa's and Towers in Orlando last week, think it was July first. CV

If you actually bought on July 1st, then your 10 day rescission period would be up July 14th. Federal holidays (any holiday the post office is closed) would not count and neither would Sundays.

jayjay wrote:

cathy, what date did you buy from Westgate? In Florida you have a certain amount of days to rescind a developer bought timeshare (it's in your contract). If you rescinded after that timeframe then I'm afraid it's too late. The rescission letter you sent by USPS certified mail/return receipt, date/time stamp is the main criteria justifying a rescission, not the day/time it reaches the resort.

We actually purchased it on June 30th, on July 7th I sent the letter with return receipt and they received it on July 8th and was signed for at 11:41 a.m. According to them I had an 10 day grace period. So IMPO I was within that time frame. Talked with someone else this morning and according to her they received it the first frikkin time. She suggested I resend it along with a letter indicating for them to remove my debit/credit card number from my account. If they keep my money oh well the heck, there's not much else I can do but I promise you they will not get another penny out of me.

Thanks to all of you for listening to me soundoff. First time for everything and it's the last time for me.

THANKS

You were definitely within your rescission period. The only question I have is that someone at the resort would have had to sign for the letter as it was sent certified mail/return receipt ..... that's insurance that you sent it and it was received.

Anyway, all's well that ends well, but I would definitely want my deposited money back along with any payments they debited from your account ...... as I said, that's the law and it's your right.

Thank you JayJay. This is all I am expecting from them, no more no less. This is the second time we have been to Florida and most likely the last. Our kids are getting older now and they are not into Mickey Mouse and all that. I did fax them again today with the proof that they did debit my checking account twice. I called again this morning and spoke to an awesome lady that has actually spoke ENGLISH<<<<<<<<<was I forever grateful. She told me that they were in the process of doing refunds and my account was finally closed. She suggested that I fax the two debits from my account. I did this and wrote a brief note, name, address etc. I pray this is the end of this nightmare and from know on we will just book a vacation wherever we like. We are just hours away from Myrtle Beach, Grandfather mountains, Gaitlanburg etc. Think it is a lot cheaper these days to do three or four day mini vacations per year than pay so much for once a year.

Thanks for everyones help.

HJV

cathyv37 wrote:

We are just hours away from Myrtle Beach, Grandfather mountains, Gaitlanburg etc. Think it is a lot cheaper these days to do three or four day mini vacations per year than pay so much for once a year.

Thanks for everyones help.HJV

We've also gotten to the point that we don't care to vacation anywhere for an entire week as we love our new home and location. We do enjoy day trips and overnight trips to areas close to us.

We also live two hours from Gatlinburg across the Smokies in the NC mountains (Cherokee NC is 60 miles east of us). Our cabin was started in 2005 and we moved in February 14, 2006 and we couldn't be happier .... these mountains are so awesomely beautiful ALL 4 seasons.

Glad everything is going well with the rescission.

Sounds like you have the life of luxury. How I wish we would have done something when we were a little younger but did not. Since my husband was in the Air Force until 2 years ago we never got to settle down anyplace and call it home. I honestly enjoyed being a military wife and traveled through out Europe and Asia. The good old days, where did they go.

Congrats on your finished home in the mountains and may you have a life time of enjoyment while there.

HJV

Timeshare guru, you seem to be up to par on all this timeshare stuff. My husband and I bought at Westgate Palace back in 2006 on our anniversary. We really bought it for our future family because growing up niether of us got to really go on vacations. But now we are in a very tight financial position and can't afford to pay the monthly or maintenance fees. My husband had a construction business doing stucco and after Katrina hit N.O. (where we live) he got put out of business do to the "cheap" work done by others. So we are behind on payments and we have tried to call and talk to them, but all they want is money. So my question is what would happen if we just didn't pay it anymore? We have the deed. We still owe like $13,000 on it. We put it up for sale with "land ahoy" properties. yeah that really bites! So we don't know what to do now? Will it forclose or what??

Any info would help,

GSL