Westgate Resorts / David A. Siegel Class Action Lawsuit Certified in Nevada District Court, Robert Paisola Reports

Westgate Resorts has again been sued. That is nothing new!

What is news is that the United States District Court in Nevada has certified the case of THOMAS DAVIS v WESTGATE PLANET HOLLYWOOD LAS VEGAS et al. as a CLASS ACTION CASE.

If you or someone you know is or was an employee of Westgate Resorts, please send us your detailed story for publication to investigations@timesharechronicles.com. To those of you who are working from within the company, please continue to simply look at the results of your committed actions against this company. You are creating a huge difference.

To the American Public, you should not have to look any further than this to see what is going on at Westgate Resorts. We will not offer an opinion on this other than to state that the facts are obvious.

Although this document is not perfect, we wanted to get it out immediately. It was just received yesterday from the court by one of our VIP Clients.

To your Success,

Robert Paisola
CEO
The Western Capital Foundation
www.MyCollector.com
www.RobertPaisola.com

The Wyndham Resorts Cypress Palms in Ruined My Vacation, Posted by Robert Paisola

Wyndham Resorts makes it look so so good when you go for their tour, well actually, when we went for our tour in Gatlinburg Tennessee they said the "main" resort was full so they put us up in their "second line" resort, stuffed us on the bottom level in the back corner. (I called it "The Dungeon")




I have to blog on this... finally... after months of frustration, forgetting about it, and hoping for a better vacation next year. Every year, thousands of people from Asheville & Western North Carolina vacation at Wyndham Resorts and have good and bad experiences. Ask Asheville went to Cypress Palms this past summer, and spent most of the time trying to get comfortable in the place. The internet, that you had to pay additional for, would work for several minutes, click off, and we would spend another 30 minutes trying to reconnect. The staff said they were having problems, but other people at the resort said it has always been bad.

One of the things that amazed me is that when we brought anything to their attention, they quickly bragged on the "other two" places in and around Orlando. One was only 5 minutes away, but you could not use the amenities that they had. So our overall rating of Wyndham's Cypress Palms is a 5 on a scale of 1 - 10. Of course simple little things could be done like getting new sheets that could actually fit the beds, or using new microwaves that work instead of the leftovers from the "better" resorts. We were evaluating 3 condo suites in which us or our friends occupied, so we did not unfairly judge by only using one.

Here are some other items:

1. No sheets for pullout couches, 2. Ceiling fan lighting old and inadequate, 3. DVD player not working in one room, 4. Stove burner problems in 2 out of 3 rooms, 5. Had to call front desk at least 3 times to make something happen, 6. Doors into other suites to the side were unlocked in 2 of the 3 rooms, 7. Showers did not have any grips so child fell pretty hard 3 times, 8. Lobby, elevators, and reception personnel were great, especially Beverly.

From Asheville, North Carolina City Blog

If you have had an experience like this , please visit www.WesternCapitalVIP.com

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:

Arizona
Mesa
• Painted Mountain Country Club

Florida
Daytona Beach
• Harbour Beach Resort

Orlando Area
• Blue Tree Resort at LBV


• Lakes Resort & Spa


• Leisure Resort


• Palace


• River Ranch


• Towers


• Town Center


• Vacation Villas

Miami Area
• South Beach

Mississippi
Robinsonville
• Tunica Resort

Missouri
Branson Area
• Branson Garden Inn


• Branson Woods


• Emerald Pointe

Nevada
Las Vegas
• Flamingo Bay

South Carolina
Myrtle Beach
• Myrtle Beach Resort

Tennessee
Gatlinburg
• Smoky Mountain Resort

Utah
Park City
• Park City Resort & Spa

Virginia
Williamsburg
• Historic Williamsburg

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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Timeshare Scam from Westgate Resorts, Posted by Robert Paisola

How one-week single usage timeshare options are misleading and dishonest. The second of four installments beginning with our previous story on timeshare nightmares at Westgate Resorts: My Experience.

Dear Robert Paisola:

Its very fitting when you consider that Las Vegas is the number one place for timeshare sales in the United States. I now completely understand why timeshare companies are so willing to offer free vacations worth a few hundred dollars, just to get you into their presentation. Just as most gamblers (including myself) don't consider the long-term statistics or relevant facts of the situation, timeshare buyers share this mentality. The difference is gamblers have close to a 50 percent chance of winning at some games like blackjack. Winning from buying a timeshare in Vegas, however, is impossible.

In the previous installment I described how Westgate Resorts in Las Vegas used dishonest practices and emotional appeal to attempt to sell my wife and I into, what we later found out, was a big-time ripoff timeshare.

Westgate and Grandview both tell potential buyers that they need to enjoy life, take a break from hectic American society. They sell the notion that there is no better way to vacation then by owning a timeshare. However, just as our presentation was wrapping up, a timeshare salesperson was being carted off on a stretcher to a waiting ambulance. The $40,000 commitment doesn't offer relief but stress. The borrower is slave to the lender, and Westgate Resorts is selling rip-off time shares that the open market offers for nearly half of their asking price.

I wrote my last piece in hopes of helping people from making the mistake of burdening their lives with a rip-off. As I noted in the previous piece, we did end up purchasing the $450 dollar option for one week in any Westgate resort, for attending my brother's wedding in Florida.

The salesperson assured me that we would have no problem booking the room we would want in Florida if we acted right away. What we later found was that a 20 day processing lag prevented us from "acting right away", and by the time we were able to book our week, the rooms were already sold out in Florida.

I don't blame the saleslady as I do myself for being duped. Its clear that these salespeople can say nearly anything and get away with it, and they are likely trained to lie. It is only the words in writing or legalese that matter. In the fine-print, we also later learned that Florida (Miami Beach) is also excluded from the one-week purchase agreement. I don't believe our salesperson intentionally lied to us, I think, more likely the sales agents don't know any of the fine print and they are free to sale as they wish.

The second lesson I can share is, before considering buying a timeshare be sure to research the deals available on the open market. Buyers should never trust these sales agents, they try to convince you that you are buying an investment that will go up in value when the truth is after you have signed the paper work and walked out the door, most buyers have immediately been suckered into a huge rip-off that is worth thousands less on the open market.

Timeshare sales agents have almost no accountability to be honest with their customers. They aren't real estate agents, therefore they need not worry about losing any type of license, if they are dishonest. The fine print of the contracts absolves them from any liability. The distance people travel to attend these timeshare presentations is another way they can get away with their lies. Very few people from Salt Lake will return to Vegas to find the liar and beat down their door. Trust these people even less then you would a used car sales person. Save your self the lies. If you want to purchase a timeshare, buy your timeshare on the open-market, at places like sellmytimeshernow.com. The thousands you save will apply to many more free trips or false incentives then they can ever offer.

I'm still not a fan of timeshares over traditional real-estate that you own outright, however, there are timeshare bargains to be found, especially in an economic down-turn. If you have already bought your timeshare from Westgate and you want to get out of it, my recommendation is to wait a year (if you can) until the economy picks up again, then list your timeshare on one of the sites listed on the side-panel.

I've found hundreds of timeshare rip-off nightmare stories. A good place to see a few on Westgate are here. If you need further help check this out

Special thanks to Utah Stories and the Contributor to the Time Share Chronicles

Next Up! We have now completed our timeshare battle against Westgate in Miami, Florida. In this installment we gain access to one Westgate executive who admits that their advertising is dishonest.