The Robert Paisola Live World News Feed

12/30/2008

Watson et al v. Westgate Resorts, Inc et al More Lawsuits against David Siegel, Robert Paisola Reports

The Westgate Resorts Lawsuit of the day is:

Watson et al v. Westgate Resorts, Inc et al


Plaintiffs:Jan Watson and Jack Mitchell
Defendants:Westgate Resorts, Inc, Westgate Resorts, Ltd, Westgate Resorts, Ltd, LP, Westgate Smoky Mountain Resort at Gatlinburg, Inc, CFI Sales & Marketing, Ltd, CFI Sales & Marketing, LLC, CFI Sales & Marketing, Inc and Central Florida Investments, Inc
Case Number:3:2008cv00516
Filed:December 29, 2008
Court:Tennessee Eastern District Court
Office:Knoxville Office [ Court Info ]
County:Sevier
Presiding Judge:District Judge Thomas W Phillips
Referring Judge:Magistrate Judge H Bruce Guyton
Nature of Suit:Labor - Fair Labor Standards Act
Cause:29:206 Collect Unpaid Wages
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff

Again David Siegel of Westgate Resorts refuses to pay his employees, this is a complete joke. This guy has to be stopped. Hopefully Judge Bruce Guyton of the US District Court for the District of Tennessee will stop him.

If you are an employee of Westgate Resorts or are a victim of Westgate, please see www.WesternCapitalVIP.com and we may be able to assist you and read http://timesharescamsupdate.blogspot.com/2008/02/westgate-resorts-scam-david-siegel.html

Thanks
Robert Paisola
CEO
The Time Share Chronicles

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

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

WESH NBC Daytona Beach / Orlando
WBBH NBC Ft. Myers
WFTX Ft. Myers-Naples
WFTX FOX 4 Ft. Myers/Cape Coral, FL
WTVX UPN 34 Ft.Pierce/W.Palm Beach
WCJB ABC Gainesville
WOGX FOX 51 Gainseville/Ocala, FL
WJXX ABC ABC25 Jacksonville
WTLV NBC Jacksonville
WAWS FOX 30 Jacksonville
WJXT (Ind) News 4 Jacksonville
WPLG & Click 10 ABC 10 Miami
WFOR CBS Miami
WTVJ NBC Miami/Ft. Lauderdale
WSVN FOX 7 Miami, FL
WZVN ABC 7 Naples/ Ft. Myers
WFTV ABC Orlando
WKCF Orlando
WESH NBC Orlando
WKMG CBS Orlando
WOFL FOX 35 Orlando/Lake Mary, FL
WMBB ABC Panama City
WJGH NBC Panama City
WPGX FOX 28 Panama City
WBPG Pensacola
WEAR ABC Pensacola/ Mobile
WFGX (Ind) Pensacola, FL / Mobile, AL
WWSB ABC Sarasota
WTXL ABC News 27 Tallahassee
WTWC NBC Tallahassee
WTLH FOX 49 Tallahassee/Midway, FL
WFTS 28 Tampa
WFLA NBC Tampa
WTTA WB 38 Tampa
WTVT FOX 13 Tampa
WFTS ABC Tampa-St.Petersburg
WMOR Tampa-St.Petersburg
WTSP Tampa-St.Petersburg
WPBF ABC West Palm Beach
UPN33 UPN 33 South Florida
WTOG UPN 44 St.Petersburg/Tampa
WPTV 5 West Palm Beach
WFLX FOX 29 West Palm Beach
WPTV NBC West Palm Beach

12/17/2008

Westgate Resorts Admits Advertising Dishonest, Posted by Robert Paisola

Westgate Resorts Admits Dishonest Advertising, What will David A. Siegal Say?




EDITORS NOTE: This is an actual story authored by a client of Westgate Resorts. Our investigators have been corresponding with Westgate Resorts for Comment on this and other issues and have not received an official corporate reply, however, we have met and recorded over 10 additional interviews with current and former managers and employees of Westgate at all levels in the company, and will broadcast the interviews live over the Western Capital Radio Network, in association with PR.com, PRWEB.com and The Associated Press Wire Service
.

A 'five star luxury resort' Westgate Resorts executive admits untrue. Our experience in Westgate South Beach and how Westgate's deceptive practices should refund buyers their money.

Last week the time finally came to depart on our Westgate vacation in Miami. As I stated in our previous story, the fine-print in our contract showed that our one-week vacation was actually a three-night vacation for $495. Westgate said in their defense that a "one-week vacation" didn't necissarily mean that we would spend the entire week at their hotel but they would be providing three nights and four days of a "one-week vacation". Like many I've heard from since writing this story, countless times we have smacked our palms against our heads and said," What were we thinking!"

I don't remember any hypnosis involved but somehow we were duped in such despicable fashion. Almost immediately afterwards I had some bad feelings about what we had just bought. What I remember is we were sold because of my inherent cheapness. I figured we might be able to save some money visiting my brother in Miami, all while having a relaxing stay at a five-star resort on Miami's South beach. I imagined my family in their cheap little hotel room while we would be living large in our "five star resort."

Westgate Resorts Five-Star Room
Westgate Resorts Five Star Room

Eventually we came to the conclusion that what we believed were errors in our contact, or over-sight on our part,continued until it was obvious that we had been duped by modern-day corporate con-art— selling properties under false facades, using the credibility of business moguls to sell rip-off timeshares to people who don't automatically consider all salespeople to be lyers. Now I know that if you are outside of Utah-- don't believe a word they say.

Hundreds Ripped of by Westgate

As misery likes company I felt some relief in the fact that we weren't the only dopes who had been roped— we have a lot company in our outrage. Westgate Resorts has ripped off hundreds if not thousands of people, who have complained on forums and blogs about their dishonest sales tactics. Luckily, we never agreed to purchase the complete timeshare agreement when were given the tag-team extreme pressure pitch in Las Vegas.

However, we did end up purchasing what they sold us as a one-week stay with the option for three other small vacations at a highly discounted rate; with the additional incentive of discounted airfare (likely half-off, they said). They also assured us that we would be able to book the week we were wanting for my brother's wedding.

However, due to a processing lag of 20 days-- there assurances were inaccurate and nearly every part of the pitch was deceptive. Seven nights was actually three nights (which I fought against and received an additional night). Airfare was more expensive through their Vacation Passport service not less. And the following is a report on how accurate we found their claim as a "five star luxury resort" to be.

From Four Star Hotel Heaven to "Five Star" Timeshare Stink

After arriving in Fort Lauderdale, we spent the first night in a four star hotel. We had booked a true "one-week vacation" by paying extra for the added days. Our first room was incredible. It was in a four-star hotel in the Boca Raton Resort Bungalows. With contemporary furnishings, bed with a down comforter and silky sheets; balcony overlooking palm trees we were quite pleased. Keep in mind, this place was only four stars.

Westgate Resorts Dirty Shower
Westgate Resorts Miami, Florida
dirty showers, is this worth
their bargain price of $165 per night?

The next morning we headed South on I-90 to Westgate's South Beach and checked into room. Our first thought: "on what planet or time era could this room be considered five stars." The furnishings were completely outdated. The various smells in the hallways were noxious. The couches and chairs would be lucky to fetch $50 at a garage sale. Brand new twenty-years-ago, this room might have been four stars merely for its location, however in 2008, the Westgate could never be ranked higher than two stars. What sort of luxury resort are guests required to plug their noses as they enter the hallway?

Perhaps David Siegel—Westgate CEO, believes by putting enough celebrity photos on the walls makes a vacationer feel special enough to make up for the gross smells, awful free continental breakfast.

Mr. Siegel has photographs of himself with the likes of Paris Hilton, Dolly Parton and even Bill Gates on every floor throughout every hallway of the hotel. This was an obvious attempt to try to build credibility for the constant barrage of tours going through the first floor. Funny they never offered the tours on the second floor where we were staying among the smells of antiseptic cleaner and food rot.

By our third morning I found Martha Cruz, Wesgate South Florida Manager, who was willing to answer my questions about how Westgate printed on their building several times "A five star luxury resort". Mrs. Cruz' response was that they were a "five star location".

However, once their improvements were completed, their resort's ranking would match their five-star location ranking. I then asked here how it was that they clearly printed "resort" not "location" in terms of the five stars.

Mrs. Cruz told me this was a referral to the future not the present. I then confirmed, "so your signage is inaccurate?" Her response was that currently its is inaccurate but in the future, when the add their Tiki Bar lounge and million dollar improvements it will be accurate.

Westgate Resorts Five Star Room?
Westgate Resorts five star room service
only makes your bed every-other-day

When its it ever okay to produce signage and advertising that is not directed at the present state of affairs and sell and advertise as if it is? It would be fine if they wrote, "someday to be a five star luxury resort, but for now bring some nose plugs." Westgate Resorts uses this tactic for both their Las Vegas non-existent Planet Hollywood tower, as well as their "five star luxury resort" in sunny South Beach. Certainly, no Best Western motel could get away with hyping their rooms as having balconies, marble and 15 foot ceilings then get away with it by writing on the wall of their tiny 8 x 10 room "in the future". Customers would complain to the front desk and be refunded their money or face legal action. Yet Westgate, has seemingly found a way to get away with blatant deception. Not being an attorney I'm not aware of the letter of the law, but I think Westgate Resort's lies are fertile ground for a class action lawsuit that should return millions of dollars back to the buyers they've deceived.

Tell Us Your Westgate Rip-off Story

If you have been ripped-off by Westgate Resorts, tell us your story. We will work on your behalf to organize a petition to begin the necessary legal action to return you your money. Our email address is WestgateResortsClassAction@TimeShareChronicles.com

Timeshare Rip-off Stories

Follow-up Comment One

We are currently pursuing a personal lawsuit, however the more information that I gather, it appears that a class action case could go forward, especially if there are more people who can come forward such as you with claims that what was in the contract was not what they delivered. For example your situation where in the written contract the difference between how a week is defined, providing 3 nights versus 4; although 4 was specified and etc. Our dispute revolves around what was written in the contract versus what they are delivering regarding the timeshare purchase (deed issues).

According to my attorney this is classic "Bait and Switch" tactics that are employed and what they are doing is fraud.

If you have any other contacts who have experienced similar experiences it would be great if you could provide me their details.

Follow-up Comment Two

I find your article interesting. We are in the process of litigating our issues with Westgate and would appreciate any other people who have experienced deceptive and fraudulant practices with Westgate - Planet Hollywood.

Follow-up Comment Three

The 2008 Florida State Statutes are located at this link

You may find this to be very useful. We did... We believe that we will receive our down-payment refund in full and according to information in the statutes, they must provide the refund within 20 days.

Follow-up Comment Four

I want to file a class action lawsuit against westgate resorts in Orlando Florida for misleading practices. It is a typical timeshare nightmare story. Basically, I have a timeshare that is paid off and I have outrageous maintenance and tax fees. I can't even give this timeshare away. It costed us about 16 grand. They gave the impression that we could resell through them and that our maintenance fees would be around $400 dollars per year. The maintenance fee has gone up to about 800 dollars a year or so. I am worried it is going to keep going up. They won't buy it back, resell it for us or even take it back for free. It is a monkey on my back. I have read story after story about these timeshare industry scams. I have tried to list it through a timeshare listing company only to find out it is a scam too. Those companies who listed them have already had a class action lawsuit against them or have closed shop and left town. I would venture to say I have blown at least a thousand dollars on listing. I am learning how not to get scammed the hard way. I want to sue westgate resorts for misleading practices. If not for that, then for whatever I can do to them to shed a spot light on them. If not a class action lawsuit then perhaps passing of a bill to protect consumers from these misleading practices of the timeshare industry. It isn't so much money I am after but setting a presence. I would like to get back my 16 grand at best though.

Follow-up Comment Five

It happened yesterday, being sucked into the absolute worst decision I have ever made financially... We accepted the tour for discount, initially declined, later accepted (bought/agreed) and today on the way home, realized what an idiotic stupid move it was... We're in the process of cancellation tonight. It "IS POSSIBLE" as long as it's accomplished within ten (10) days of signature "OR" delivery by the developer to provide all required documents (which may include the actual deed for property depending on the state). The FL state statues explain 10 days as the day you send notice, so get confirmation of delivery (apparently that's all that's required legally).... Also stated; you may "CANCEL THE CONTRACT WITHOUT ANY PENALTY OR OBLIGATION" which we have requested and expect a full and immediate refund of the down-payment. We noted this information in our request.

Not certain this will help anyone, but we're trying and the information was there in paperwork provided.

I assure you that it's most likely in the document with font so small you can't see/read it. That's where we fond it.

Last week if anyone asked what the stupidest thing was I had ever done, I wouldn't know what to say. At least now, I have the answer.... At least I may be able to recover...

Best of luck to all!...

Follow-up Comment Six

We took a trip to Las Vegas and was booked at the hotel now called Planet Hollywood. After checking an on our way our room. We were approached by a couple of guys asking us if we would like a free meal and a couple of show tickets, they stated all we had to do was listen to a 30 minute talk. So we agreed and went the next day. No where in this conversation did they mention timeshare if they had I would of said no thank you. The next day we went it was more like a 3 hour and when we told them we could not afford it they magically came up with another one. We still said no and they said we will let you talk it over this went on for 4 conversations and finally just to get out we signed on. When they finally took us back to the hotel we went through the papers but found nothing in there to cancel. So after a year of arguing with them they sent me a paper I had signed showing we were suppose to cancel within 5 days. No where in my packet was that paper. Had it been I would of went the next day to cancel by way of the Post Office sending it Express to the address listed with a return receipt for proof. Then I get a phone call from them tell me my tax are late. I tell them I don't nothing about taxes they said it was in my contract I told her that contract is useless as your company gives selective parts to people. A couple months ago they started bugging me to give them names of friends or workers so they could try and sell them a timeshare. I went off on them saying I would not even do that to people I dislike. I told the girl that her company screwed us, her reply was I am sorry you feel that way. Yeah right. I have yet to use the timeshare and don't plan to. I do plan to go back to Las Vegas though and wear a T-shirt with something to the effect if you buy a Timeshare remember you have only 5 days or you are screwed for life.

The Response:

Thanks for the story Ken. It sounds like your experience very similar to ours. What amazes me is that Westgate Resorts employees seem so naive in the deception they are engaging in. We bought our week in the end, because the final woman we spoke to seemed so nice and down to earth. She was foreign, telling us about her new baby. In the end, we came to find out nearly everything- not just a few things-but everything that came out of her mouth was a lie. I've come to think I can trust certain types of people. Don't trust anyone in a timeshare sales office.

Follow-up Comment Seven

Tammy writes that now in addition to selling timeshare rip-offs, Westgate is also overbooking or double booking their incentive package

Its this incentive package they use to lure people into their sales area at Westgate Hollywood Planet Resort. Tammy says that she and her husband booked 3 days and 2 nights for $199.00 and have already made plans to travel to Las Vegas. Now Westgate can't confirm they will have a place to stay.

Tammy writes -

NO where on the papers does it have a room confirmation for the date we requested. Just a confirmation for a Westgate Vacation package for 3 days 2 nights. Typed on it it says to call for vacation. Well tonight he has spent two hours and spoke with over eight different people and have gotten no where. Never, ever gained access to speak with a supervisor. Last person he spoke with said he would look into it and call within one hour. Well after 90 minutes my husband called him back and he sent my husband to an other guy who said we are on standby in case anyone cancelled. NOT ACCEPTABLE. Not what we have set out to do nor travel over 2000 miles to MAYBE have a room or not. As it stands right at this moment the last guys we spoke with will get back with us tomorrow. Will keep you posted...

PS By the way we are timeshare holders in Orlando but have yet to use our timeshare. We have bought into it 1 year ago and have purchased it for every other year.

The Response

I'm sorry to hear about your problems with Westgate. If you do end up going and finding a room I think you will find, as we did, that what they promise as a deluxe room will be quite a disappointment. There are now some very good specials going on at Luxor and other very nice casinos for close to what you will be paying for your Westgate room, I would try to get your money back and book at another casino. If you would like to read about what our room was like in the "new" Planet Hollywood Resort you can read about it in my first story here:

Good luck, and keep us posted on what happens.

Update From Tammy

My husband has now requested they just refund us our money back ($199.00) and forget it. She put him back on hold ...she came back she said the refund will take about three to five days to go through. Cannot send us a confirmation to verify they will refund our money. I am TRULY ashamed to say we have the timeshare with them. (Have yet to use it) In the meantime I am about to call American Express (how we paid for this) and see if they may be of assistance.

If you need further help check this out

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

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.

How Westgate Resort's new Planet Hollywood Towers, sells rip-off timeshares using high-pressure sales tactics and dishonesty, Posted by Robert Paisola


MY STORY: The Timeshare Purchase from Hell: Westgate Resorts and Planet Hollywood

Dear Robert Paisola:

The call was perfectly timed. Just when I was considering taking my wife to Vegas for her birthday.

"Stay two nights at the newest hotel casino on the strip for half price, also included are show tickets and brunch. All you need to do is attend a ninety-minute presentation," the telemarketer said. I wasn't convinced.

We did this two years ago we did the Grandview presentation and they put us on a bus and shipped us out to the middle of the desert. Then we couldn't leave for three hours. No way do I want to go through that again.

"I can assure you we are not Grandview, our offer is much better. This is different. Just ninety-minutes, no bus trips, the presentation is at the same place you will be staying at and there is no obligation to buy."

I guess I'm somewhat of a dope when it comes to big discounts. I bought the trip and called my wife. She was less than enthusiastic about the idea.

We drove to the Planet Hollywood Casino from Salt Lake and it was indeed the newest casino on the strip. However, we would later find out that this was only half-true.

When we checked in, the attendant informed us that he could upgrade us to a "bigger nicer" room for free. We agreed, and we found our "upgrade" was a bigger room. However, it was in the not-yet-remodeled Aladdin tower. However, there were some framed photographs of celebrities like Denzel Washington and Will Smith. Our gold and red bedspread smelled like cigarettes and gin. It made me feel as if we were being put up by a middle-eastern sulten who had an obession for Hollywood. We would later learn this wasn't so far from the truth.

The next morning we checked into our presentation, A small energetic Asian woman with a very tight,fit body greeted us. "Hi, my name is Hikoo...Wow..Do you realize how beautiful your wife is?"

I didn't really know how to answer that question, so I just said, "Yes."

"You are very lucky"

"Yes, I know. Thank you." I said

We then started chatting about how most Americans have such a difficult time with the concept of vacation enjoyment. Hikoo told us she was from South Korea. She snowboards, surfs and plays golf. She only needs to work four days a week. Hikoo then revealed that she is 60-years-old.

We quietly sat through Hikoo's presentation. We watched a movie with Danny Divitto and David Siegel. Danny wasn't funny though. He was serious about what a great place the towers are. Danny, had a convincing sales pitch about the luxury. I couldn't help but associating Danny with Louie on Taxi, "Throw Mamma From the Train" etc; and for some reason I couldn't take him very seriously.

We then walked through their beautiful demo room. Hikoo was trying to sell me on the idea that this is a great investment. I was surprised by this tactic. So I presented my first objection: I would rather invest in real-estate in Salt Lake City, where the market is much less volatile and not based so much on the overall economic conditions of the United States.

Then came the full-court-press. Hikoo kept pointing to the beautiful blue and red towers. "You can't go wrong with something like this, its just going to go up-and-up in value. Our owner David Siegel is a multi-billionaire." Hikoo pointed to a photograph of David, an elderly man in his sixties with his wife, who is probably 25 and their new baby twin girls. Mr. Siegel indeed appeared pleased.

"Where would our particular room be?"

"Its floating," Hikoo smiled and said. "That's the other beauty of it, they can find you a room at any time of year, anywhere in the hotel."

Then I remembered something.

"I read in our local newspaper that Westgate in Park City was selling their timeshares and there was a big problem with people being showed different rooms then they were receiving, how do I know that's not going to happen?"

"That didn't happen with Westgate," Hikoo replied.

"Yes, Westgate I'm sure of it. They are the resort in the Canyons at Park City."

"No way, we have a great company. Of course you are always going to have someone who complains. You know you can never make everyone happy."

"Yes." I agreed and dropped it.

Hikoo then kept talking. I didn't want to talk any more. I realized that she had some sort of illogical response for everything. Then she finally showed us the price. $39,000 for one week of each year. The financing interest rate is 17.6 percent. I had to suppress a laugh.

"So you are telling me I can pay nearly forty-grand for room in your tower that I would need to share with 51 other people? I'm sorry but I would rather pay ten times that much and own the room outright. Then I could rent out the room myself and just use it on the weeks I need it. "

Hikoo began to sweat, she became irritated with me. She had been very nice until that point, until she saw that he slam dunk sale wasn't going smoothly in the hoop.

She then said, "I don't want you to buy it for me. I don't want to pressure you, but I can tell your wife obviously likes it. You should buy it for her."

So I should buy an obvious rip-off timeshare to demonstrate my undying love for my wife? I didn't say this out loud. Instead, I looked at my wife. Indeed she was sold, the room was beautiful, plasma screens and black granite stainless steel kitchen. Another nice touch was the fake strip view photograph hanging from the windows.

"I'm sorry but if you don't have any available for individual purchase, I'm not interested." Hikoo walked away visibly irritated. She was obviously very good at this and she probably didn't like what she had to do next.

Hikoo called in for back-up. Hiko's boss Amanda sat down with us. A skinny straight-long haired brunette. She didn't make any attempts to be nice. I told her my objections right off.

"I think this is way too much for just one week. If you can't offer me a room of my own, that I could purchase outright, then I'm not interested," I said.

"Like you could afford $3-million-dollars for one of our suites. I'm sorry but not everyone is a celebrity and can just walk in here and right us a check for $3-million-dollars. Our tower suites were sold out the first week they went up for sale and you can see on our wall who bought them."

On the wall were photographs of celebrities like Bruce Willis, Danny Divitto Sylvester Stalone and Kenny Rogers and several busty women.

"You obviously aren't a celebrity and you wouldn't be able to afford one of our suites, even if they were available." In fact you probably can't afford one of our regular time shares! She was now raising her voice showing me that she knew how to be the bad cop.

I then pointed out that Its actually not only celebrities who can afford nice real estate, there are plenty of successful entrepreneurs and business people who have a lot of money too.

Amanda started shaking her head and rolling her eyes.

"I'm sorry but its obvious he just doesn't get it. I can see you wife is smart and she gets it, but you don't."

I agreed. I didn't get it.

After three hours and the third woman in the tag team, the offer came down to one week for $495, in any of their beautiful Westgate properties. I found no objections to this offer and I realized I would save quite a bit in another trip I was planning to Florida. The saleslady assured me we would be able to book a room for the week we need.

Then they wanted to repeat an announcement, as they had already done three times while we were there, that we had just become the newest owners of Westgate!! This would have been completely inaccurate, since we were actually only buying one week of one year. So we declined the announcement.

While we were waiting in line to get our show tickets we were passed by a woman being carted off in a wheel chair who appeared to be having a nervous-break-down. She was blowing into a brown paper bag. A stretcher and paramedics were waiting for her outside. I guess they figured bringing the paramedics in the sales area might put a damper on people's enthusiasm.

Our final saleslady said that the woman was a single-parent-mother who was raising her three small children while selling timeshares. Hikoo's major selling point of the timeshare presentation was, "taking the time to enjoy life." Sounds appealing in our hectic society I agreed. However, the truth of is, going into debt $40 grand to buy a week in vegas at 18 percent interest rate, isn't taking time to enjoy life; Its taking on debt to ruin your credit and risk bankruptcy. Which could send you to a hospital vacation which could run you another $30 grand.

We were then told that we were not supposed to receive a brunch but just the show tickets. The woman pointed out that maybe the telemarketer was describing our snacks as the brunch we would get.

Timeshare Research

I've since done a bit of research. Hikoo told us that we could resell our property at any time and that next week the same offer could likely be $10 thousand dollars more. Hikoo said we could sell our timeshare and make a "huge profit down the road" if we wanted to. What I found was the same offer Hikoo presented for $39 thousand was being resold on a timeshare resale sight starting at $20 thousand dollars. Here is the link (in case this story has sold you on the great benefits of owning a piece of the strip) On the Vegas page there are 56 pages of listings(40 properties per page). Tahiti Village and Grandview have the most for resale but there were plenty of Westgate timeshares for sale as well.

Beware of the act-now-pitch on big ticket items. What they are really doing is essential to their business model. They can't let you leave the room because then you could inform yourself. Allowing the customer to do his or her own research would kill their profit margins substantially. Westgate is selling the emotional appeal people have for Vegas, Hollywood and towers. This presentation was actually a demonstration of what Vegas is really all about. Preying on people's naivetee to to sell them a hope and a dream. Westgate CEO David Siegel and his team of Hollywood stars can all be put in the scoundrel category. Besides the Planet Hollywood Towers, 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

Vacation pressure leads couple to sue Wyndham Resorts, Posted By Robert Paisola

The Full Lawsuit against Wyndham resorts is Annotated Below:

This is a pre-story on a story that we are doing on Wyndham that will soon be published. We have sent emails to 14 top Wyndham Executives and have not received a reply on our inquiries. We will keep you advised as this story develops.
Robert Paisola
Editor
The Time Share Chronicles

Wyndham Vacation Resorts is being sued by a couple who alleges they were misled into purchasing a vacation package they did not want. We are gathering the legal pleadings to post for your review now.


Roger L. and Catherine A. Cole bought the package after taking Wyndham Vacation Resorts up on an offer of an essentially free vacation in Branson, Mo., in early 2007, according to the complaint filed Dec. 12 in St. Clair County Circuit Court.

In order to receive the vacation, all the Coles had to do was listen to a 90-minute presentation outlining the benefits of purchasing a Vacation Ownership Interest from Wyndham, the suit states.

At the end of the May 7, 2007, presentation, the Coles expressed a desire to learn more about the offer, they claim.

When the Coles asked about the offer, Wyndham's employees began to engage in numerous deceptive acts and practices, according to the complaint.

For example, the employees immediately placed an assortment of contracts and other agreements in front of the Coles and pressured them to sign the documents, the suit states.

"In the event plaintiffs expressed hesitation, rather than giving plaintiffs any time and space for contemplation they were immediately introduced to a more experienced agent of superior rand and broader deal making authority," the suit states.

Employees also neglected to provide the Coles with any time to read and fully comprehend what they were being pressured to sign and failed to explain to the Coles several material items in the contracts and agreements including the points that the Coles would acquire were non-transferable except to others possessing a similar "Vacation Ownership Interest," or to approved guests older than 21, the Coles claim.

Other items that were not explained to the Coles included that even transferring under the terms came with a fee, points unused at the end of each annual cycle could not be transferred to cover the cost of monthly payments, the contracts bore only "a trace resemblance to the terms explained during the presentation," the Coles would not be allowed to rent their time share out to others unless they acquired 500,000 points and the Coles would only have five days to rescind their contract, according to the complaint.

Because of the employees' deception, the Coles purchased a Vacation Ownership Interest with "very little understanding of that which they were actually signing," the suit states.

Again in June, the Coles traveled to Orlando, Florida, on another solicited vacation to explore the possibility of buying another 192,000 points so they could rent or transfer their points and ease their financial burden, they claim.

Employees again engaged in deceptive practices by withholding from the Coles the fact that the Coles would only be able to rent in exchange for 40 percent of the ultimate rent amount, according to the complaint.

"Plaintiffs have been fraudulently deprived of honestly-earned income, a deprivation which continues as monthly payments continue to become due, in addition to maintenance payments," the suit states.

Wyndham has not allowed the Coles to be released from their obligation, they claim.

So, they have also suffered extraordinary mental anguish and have become liable for large amounts of money, according to the complaint.

In the two-count suit, the Coles are seeking $150,000, plus costs.

They are represented by Thomas Q. Keefe, III., of Belleville, Illinois.

St. Clair County Circuit Court case number: 08-L-632.

12/17/2008 9:55 AM
By Kelly Holleran

Now for the Lawsuit!

IN THE CIRCUIT COURT

TWENTIETH JUDICIAL CIRCUIT

ST. CLAIR COUNTY, ILLINOIS

ROGER L. COLE AND CATHERINE A. COLE )

)

Plaintiffs, )

)

v. ) No. ___________

)

WYNDHAM VACATION RESORTS, INC., a )

corporation )

)

Defendants. )

COMPLAINT

COUNT I

COMES NOW the plaintiffs, by and through their attorneys, THOMAS Q. KEEFE, JR., P.C., and for Count I of their Complaint against the defendant, Wyndham Vacation Resorts, Inc., state as follows:

1. That this is an action under the Illinois Consumer Fraud Act, 815 ILCS 502/2, et seq and 505/10a et seq, which was in effect at all times herein mentioned.

2. That at all times herein mentioned the plaintiffs, Roger and Catherine Cole, were citizens and residents of the state of Illinois.

3. That at all times herein mentioned the defendant, Wyndham Vacation Resorts, Inc., was a corporation authorized and doing business in Illinois, with offices and other locations operating throughout Illinois.


4. That in early 2007, defendant solicited plaintiffs with an offer of an essentially free vacation in Branson, Missouri; all that was required of plaintiffs was an agreement to meet with defendant’s agent for a ninety minute presentation outlining the supposed benefits of purchasing a Vacation Ownership Interest, (i.e. a “timeshare”) from defendant.

5. That plaintiffs accepted, and the presentation occurred on May 7, 2007; at the conclusion of the presentation, plaintiffs expressed a desire to learn more about defendant’s offer.

6. That at this point, and at all times herein mentioned, defendant - by and through their agents, sub-agents, and/or employees - engaged in numerous deceptive acts and/or practices, including but not limited to:

a) immediately placing an assortment of contracts and other agreements in front of plaintiffs and pressuring them to sign; in the event plaintiffs expressed hesitation, rather than giving plaintiffs any time and space for contemplation they were immediately introduced to a more experienced agent of superior rank and broader deal making authority;

b) neglecting to provide plaintiffs with any - much less sufficient - time to read and fully comprehend that which what they were being pressured to sign;

c) neglecting to explain to plaintiffs several material terms in the contracts and agreements, including but not limited to:

i. That the “Points” which plaintiffs would acquire (308,000 from this initial agreement), which were ostensibly intended to provide flexibility in how plaintiffs used their “Vacation Ownership Interest”, were actually non-transferrable except to others possessing a similar “Vacation Ownership Interest”, or to approved guests over the age of 21;


ii. That, further, even transferring under the above-elucidated terms came with a fee;

iii. That Points unused at the end of each annual cycle (understood to expire) could not even be transferred to cover the cost of their monthly payments;

iv. That - overall - the contracts and agreements plaintiffs were being pressured to sign bore only a trace resemblance to the terms explained during the presentation;

v. That, in the event of purchase, plaintiffs would not be permitted to rent their time share out to others unless they first acquired a total of 500,000 points (192,000 more than what plaintiffs signed up for);

vi. That, in the event of purchase, plaintiffs would only have five days to recind their contract (insufficient time to fully review the terms, particularly while still on vacation), and further that any such recision was only effective when received by defendant;

vii. That reservations cancelled two weeks or less prior to check-in date resulted in forfeiture of all points used to make the reservation;

viii. That defendant’s “network administrator” retained absolute discretion to cancel a member’s reservation due to any type of natural disaster - and doing so does not entitle that member to a refund of the points designated for that particular trip;

ix. That the aforementioned network administrator is vested with unfettered discretion to modify the Terms and Conditions at his or her whim, and without advance notice to or input from the members.


7. That each of the foregoing deceptive acts, practices, and/or omissions occurred in the course of conduct involving trade or commerce, and was undertaken with the intent that plaintiffs rely on them.

8. That as a direct and proximate result of the foregoing deceptive acts, practices, and/or omissions on the part of defendant, their agents, sub-agents, or employees, as aforesaid, plaintiffs purchased a Vacation Ownership Interest from defendant, and did so with very little understanding of that which they were actually signing. Plaintiffs were led to believe that they were agreeing to those terms said forth in the presentation; unbeknownst to them, the actual terms bore little resemblance to that which was explained to them. Plaintiffs have been fraudulently deprived of honestly-earned income, a deprivation which continues as monthly payments continue to become due, in addition to maintenance payments. Defendants have refused plaintiffs’ repeated efforts to release themselves from this fraudulently-obtained obligation. In addition to monetary deprivation, plaintiffs have suffered - and continue to suffer - extraordinary mental anguish, and have become liable for large sums of money in compensation, all to their damage in a substantial amount.

WHEREFORE, plaintiffs demand judgment from the defendant in an amount greater than SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), plus costs.

COUNT II


COMES NOW the plaintiffs, by and through their attorneys, THOMAS Q. KEEFE, JR., P.C., and for Count II of their Complaint against the defendant, Wyndham Vacation Resorts, Inc., state as follows:

1.-8. Plaintiffs hereby adopt and incorporate paragraphs 1 through and including 8 of Count I as and for paragraphs 1 through and including 8 of Count II.

9. That in June 2008, plaintiffs, struggling with payments and newly familiar with the rental provisions withheld from them in May 2007, traveled to Orlando, Florida on another solicited vacation; plaintiffs did so to explore the possibility of purchasing another 192,000 points so that they could rent or transfer their points and thereby ease their financial burden.

10. That, following both another presentation and the same strong armed tactics outlined in subparagraphs 8(a) and (b), supra, defendants - by and through their agents, sub-agents, and/or employees - engaged in the following deceptive act and/or practice:

a) withheld from plaintiffs the fact that - in the event plaintiff acquired the requisite total of 500,000 points and with defendant’s help in renting - defendant would only do so in exchange for 40% of the ultimate rental amount.

11.-12. Plaintiffs adopt and incorporate paragraphs 7 and including 8 of Count I as and for paragraphs 11 through and including 12 of Count II.

WHEREFORE, plaintiffs demand judgment from the defendant in an amount greater than SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), plus costs.


______________________________

THOMAS Q. KEEFE, III

IL Reg. No. 6294376

Thomas Q. Keefe, Jr., P.C.

Attorneys for the Plaintiff

THOMAS Q. KEEFE, JR., P.C.

ATTORNEY AT LAW

#6 EXECUTIVE WOODS COURT

BELLEVILLE, ILLINOIS 62226

618/236-2221