The Robert Paisola Live World News Feed

12/24/2008

An Open Letter to Westgate Resorts CEO David Siegel on Why You Sue Your Own Employees, by Robert Paisola



This is an open letter to Mr. David A. Siegel, The CEO of Westgate Resorts.

Mr. Siegel:

Millions of people around the world have seen the video that is now on youtube showing the massive estate that you own and the abundance of wealth that you portray to have.

We have some questions for you that we have not been able to get answers on from your staff including but not limited to Barry W. Siegel, Tom Dugan, Mark Waltrip and David Crabtree

We are concerned about the thousands of people that have contacted our offices and in an open forum explain how they feel that they were abused by your company. They feel that they received nothing for their money, and they feel that the properties that they "bought into" are completely sub par, as opposed to what they were promised.

We refer you to The Westgate Vacation Villas Town Center , Buildings SSS and PP. We will be posting interior and exterior photos later for our readers, so that they are clear on these "5 Start Luxury Accommodations" that you provide.

Next, we are highly concerned about a lawsuit that your attorney Victor S. Kline of GREENSPOON MARDER, PA filed in Osceola County, Florida entitled : WESTGATE RESORTS, INC. VS DOE, JOHN Case 2008 CA 008314 OC

For your review and to memorialize this letter, we are attaching the full complaint and attachments for our friends at GOOGLE and your clients, employees, prospective employees and most importantly, the potential purchasers at the following Westgate Properties including:

This is a full and complete copy of the lawsuit that you filed against your employee(s)

After the posting of the pages, we will submit our questions for counsel, Victor S. Kline and your Corporate Counsel Michael E. Marder



You will see that your company is claiming that some very senior employees in your Organization have been accused of serious torts:

You state" When an owner purchases a Timeshare Unit from Westgate, Westgate DOES NOT record any documents in the public records until the expiration of ten (10) days so that a purchaser HAS THE RIGHT to rescind ANY PURCHASE. After the ten (10) day rescission period expires, Westgate DOES NOT NOT RECORD ANY DOCUMENTS WHICH BEAR THE OWNERS HOME, BUSINESS ADDRESS, EMAIL ADDRESS OR PHONE NUMBER. An owner of a Westgate Timeshare unit is identified in the public records ONLY BY NAME and the address of the WESTGATE RESORT where the owner purchased an interest."

You further state" Defendant JOHN DOE, (Your employee(s) ) contacted Ana Garcia and Nicole Papanier, customers of Westgate who had already signed purchase and sale agreements. In the emails, JOHN DOE, made DISPARAGING COMMENTS about WESTGATE and advised Ana Garcia and Nicole Papanier how to rescind agreements with Plaintiff. The Emails were sent less than 10 days after Ana Garcia and Nicole Papanier had signed these their agreements with Westgate"

These comments in your public pleadings and our subsequent interviews with members of your staff (not Senior Management mentioned above) indicate that you have a policy of Prohibiting your employees from counseling the buyers whom enter into agreements with your company on how to follow their legal rights under State Code to Rescind any transaction that they make with your sales team "in the heat of the moment"

Further, we have been advised that you have a three step system to ensure that a customer DOES NOT CANCEL:

These are Raw notes from our investigation that we will be reporting on at a later date:

-Used to use Deja Wint and then in Nov 2007 switched to the MR system

" The contracts dept (appx 10 people entered - with only local data entered the information and the Deeding Department ( Villas 16-23 Employees ) One employee of the 23 personally entered One Million Dollars on books each month. This is typical. The industry avg cancel rate is 20-25 percent.

"We are told to do whatever it takes to keep "on the books" including ...

If contract is lapsed Past 10 days and if no full down payment or no first payment then all employees are PROHIBITED TO teach or inform victim purchasers how to to rescind contract.

In a search of all US County Court Records there is NO RECORD of ANY Foreclosure action against a buyer (victim) " We have been told time and time again that David Siegel will not foreclose, as he will simply keep the down payment and resell again and again and again. This is verified with the county recorders of the local jurisdictions.

All of this is also validated in the Deja Wint System/ MR System Data, and is used corporate wide to document all purchases with Westgate. The data in Deja Wint/ MR System Data, will clearly show that there is a common scheme or thread to defraud, as by reselling the same piece of property over and over, and by keeping all monies paid, by the purchasing victims, that the money will remain unclaimed and that the consumer will simply GIVE UP and that the BLANKET REFUSAL POLICY to refund money to buyers and to PROHIBIT employees from assisting the "least sophisticated consumers" in maintaining their rights will ensure continued profitability.

Think John Grisham's Movie 'The Rainmaker', in which he pits Rudy Baylor, a lawyer fresh out of law school, against Great Benefit Insurance and its lawyer Leo Drummond in a bad-faith claim lawsuit. What really made this book is the Black vs. Great Benefit case, and how an insurance company would bend over backwards to not get caught in its own lies.

This works because of the policy of the Deeding Department Agent not being able to file the legal deed , giving your company, Westgate Resorts, the ability to resell the same parcel again and and again.

"This is why we can provide credit to any warm body that shows, regardless of their financial situation, because we could care less if they pay"

Now, If no payments are made by victim for 6 months (on time ) then the paper can not be resold to banks. Siegel (sic) holds paper for six months and dumps it on the secondary market to the banks. "The aging is completely inaccurate, but nobody knows this, so the banks buy the high interest paper" (see Deja Wint/ MR System Data)

"We have three methods of collections internally"

1. Pending to Good --- in first 90 days if the victim buyer does not pay the down payment or any payment then the Pending to Good team will try to collect."

2. If No Success is made at this level, the the file is returned to the Original Closing Officer - if in 90 days a victim buyer is 10 days late on any payment then the Closing Officer must collect the payment himself or herself or "we do not get paid"

"Closing officers are required by David Siegel to have $50.00 to $150.00 per day WITHHELD from pay to cover high cancellation percentages."

"On all pending to good accounts percentage. 99 percent of officers loose 50 to 150 per day because of PENDING NUMBERS" (see future story)

3. Collections Department - Used to be called The Now Team - Customer Service is what they call it, but it is Collections.

We used to have "The Win Back Team: - the purpose of this team is to win back the lost business and to get accounts reactivated... to WIN BACK BUSINESS"

Based on the above comments and the lawsuit that you have filed wherein you are planning to depose a former employee, we at the timeshare chronicles are concerned about what YOUR OWN EMPLOYEES ARE SAYING. We are concerned about the failure to deal fairly with the public in not only Florida, but in Las Vegas. You can read our stories on the horror that our clients experienced in Las Vegas.

The bottom line is that we want answers. We want to know what you are intending to do as a corporation to deal with all of the names that have been entered into the Deja Wint System / MR System Data that are unhappy. We want to know how many people simply "lost" the money that they paid you and received nothing. We want to know WHY you prohibit your employees from helping your customers understand the laws of rescission. We want to know why The Mother in Law of your Senior Executive was hired, and why 6 qualified people were terminated. (story to come)

Mr. Siegel, this is not a game of smoke and mirrors.

This is real life and real people are loosing money because of the games that your company is accused of playing. The court records from around the country and the confidential settlement agreements executed between your company and employees, victims and even victims of sexual abuse are now available for the public.

The bottom line is .... WHY? Just for a big house?

We hope that you take the time to respond.

Regards,

Robert Paisola
CEO
The Western Capital Foundation

-If you are in a similar situation and need assistance, please watch the video at WesternCapitalMD.com and visit WesternCapitalVIP.com

LEGAL NOTICE:

This commentary is protected media commentary and is protected by the first amendment. If you want to sue The Time Share Chronicles for posting this, then, we suggest that counsel review this statement at our sister site, SeminarWatch.com

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