Complaint Category: Sales presentation misrepresented the service
Complaint: WFG promised timeshare resolution, but in fact did very little to assist in any resolution, but charged $10,500.00 for the "service"
I contacted WFG in October 2012 at the recommendation of their Attorney, ***** ****** to help my parents resolve a timeshare they had entered into with Wyndham. I was assured they could help get them out of the contract and also were confident that they could also get back some of the monies paid to Wyndham. While deciding if this was the right decision, Attorney ******* who is their legal counsel, himself called and said that I needed to make a decision, because he could only take on so many cases. This was the last time I heard from him, as no action has been taken by him. The fee charged was $10,598.00. All that Wesley provided to me was a poorly written form letter, complete with typo's and misspellings that I was to send to Wyndham. Wyndham's response was that I did not need to work with a timeshare resolution company and that it would not help my claim (the letter I sent did not state I was using a resolution company, but the form of it indicated to Wyndham the origins were just that.) WFG also instructed me to do a calling campaign (which I did as best I could) from a list of numbers that WFG provided, many of which did not work, or were not applicable/lacked jurisdiction. I have complained to WFG via e-mail that I was unhappy with their service and did not think that they were doing anything to earn the $10,500 that I paid them from my parents meager funds. WFG has made no attempt to work with me to resolve the issue with Wyndham. I have also had no more contact with WFG since the last e-mail asking them what they were supposed to be doing for the money I sent them. WFG has not contacted Wyndham to help resolve the timeshare issue and aside from less than 5 phone calls and a few e-mails, has done nothing for me either. Their advice was to stop paying for the timeshare, which has now ruined my father's credit rating. The original people I talked to when this process started, ***** ******** and ****** ********* now no longer work for the company and there has been no service since then. I expected that WFG was going to go after Wyndham, as they said they would, but they did not. In fact, I was told not to even let on that WFG was involved. There does not seem to be a "formula" to get any funds back from Wyndham and I believe that the $10,598 that was paid to Wesley Financial Group was a poor decision.
Business' Initial Response
****** ** **** and ***** ** **** signed a service agreement with our company on August 27, 2012 and submitted their funds due to our company on October 09, 2012. We began work on this case by preparing a formal letter of complaint to send to their timeshare developer. This letter was prepared from written information sent to us by Mr. and Mrs. **** and detailed deceptive sales practices used against them by the developer. They paid our company $10,598,00 and this fee was given so we could get their debt with the developer cancelled as stated in our service agreement. Sometime after October 09, 2012, Mr. and Mrs. **** son ******* obtained a POA from his parents, with our assistance and started working with us on the case citing severe health problems with his parents and their inability to deal with this process themselves. The initial letter of complaint was emailed to ******* **** on November 08,2012, less than 30 days after receiving the funds to proceed. This is within the normal time frame of our service that we provide to our clients. On 11/20/2012, the timeshare developer received the letter of complaint from Mr. **** via certified mail. Per our instructions, he began a telephone campaign after he submitted his POA to them in early December 2012. Mr. **** contacted Owner Care and began asking for cancellation of his parents agreement. We had also prepared complaint letters that Mr. **** mailed to some regulatory agencies asking for them to investigate the complaint. He reported to us on February 15, 2013 that he had made calls to the developer and was not having much luck. He did get a response from a complaint he filed at our direction with the Florida Attorney General and was told this matter was not in their jurisdiction. This is all normal occurrences when trying to gain cancellation based on our past experiences with this process. On that same day, Mr. **** questioned our involvement in the process since he had paid us over $10,000 for our service. On February 18, 2013, ******** ********* who was assigned the **** case in our Resolution Department, emailed Mr. **** and let him know that since we did not sign any agreement with the developer that they would not talk with us concerning the agreement and that our role is that we provide the instructions to him on how to achieve cancellation as guaranteed in our service agreement. The only guarantee that we make is that is that the agreement with the developer will eventually be cancelled and the debt eliminated. In the case of the ****, the debt owed to the developer was in excess of $60,000.00. On March 07, 2013, ******** ******** contacted ******* **** by email asking if his POA had been recorded by the developer and asking him for copies of any correspondence he had received from them. He answered the same day stating that the developer had the POA in their files and that he had talked with customer care a few times and that a case manager had been assigned by the developer to look into the matter. This is exactly what is necessary in the cancellation process for an owner (or their legal representative) to be able to directly negotiate with the developer for favorable terms of cancellation. For example, getting the developer not only to agree to cancel the agreement and thus eliminate the debt owed, but also to obtain agreements to repair damage done to the owner's credit along with any refund that might be given. Unfortunately, Mr. **** had to leave for Navy duty for 2 weeks and was not able to continue speaking with the developer and the manager assigned to the case. ******** ******** sent Mr. **** another email on March 08, 2013 with instructions of exactly what to say to the case manager in order to complete the process. The next contact on record is on April 18, 2013 in the form of an email sent to Mr. **** from ******** ******** asking for the status of his phone campaign with the developer. There was no response given by Mr. **** to this email so ******** ******** sent another email on April 23, 2013 asking again for the status of his phone calls to the developer. Mr. **** responded by saying he had been out of the country and had not had the time to deal with the developer. By not taking the time to contact the case manager at the developer during this time. Mr. **** lost his opportunity to gain more favorable results with the developer. This was due to his lack of contact with them at a critical time and was not due to any lack of assistance from our company. On April 23, 2013, Mr. **** contacted ******** ******** via email and questioned our role in this process. He said he was expecting us to go after the developer and thereby earn the money that was paid to us. Our role in this process is clearly stated in the service agreement and we have lived up to that with the ****. On May 22, 2013, ******** ******** sent another email to M. **** outlining our responsibilities in the service agreement along with Mr. **** responsibilities which include compliance with instructions and procedures created and developed by Wesley Financial Group as part of our services and not to deviate from them in any wanner without our written consent. We have properly provided instructions to Mr. **** as to how to get the agreement cancelled and do not understand why he is unhappy with our service. Mr. **** received a letter from the developer dated May 14, 2013 stating that his parents contract was cancelled on March 26, 2013 and the debt of over $60,000 has been eliminated per our guarantee in our service agreement. We also offered assistance to Mr. **** with credit repair services from the damage done by the developer to his parents credit. He did not feel that was necessary at this time. Again, we have preformed our obligations to this client without fail and do not understand why he is complaining to BBB. Wesley Financial Group has preformed its duties per the service agreement and we feel not refund is due to the client. I am also forwardingng a record of our conversations by email with Mr. **** along with the cancellation document from the developer.
Consumer's Final Response
(The consumer indicated he/she DID NOT accept the response from the business.)
WFG says they provided assistance on providing a Power of Attorney. They did not as this was previously done and a copy was provided to WFG. They wrote one, and only one, letter of complaint, which was full of errors and misspellings that I had to rewrite. When I e-mailed to ask WFG what was their role in this to help me and what did they do to earn their $10,598, I received no reply for exactly 1 month, which incidentally was right after I complained to the BBB. As stated in my previous compliant, I believe that the price they charged for the service they provided was outrageous and the same result would have been accomplished had I not hired WFG to help us. As it turns out, there is only one number at Wyndham that needs to be contacted in these issues, which is posted on their statements. All other phone numbers and contacts provided by WFG were dead ends. There was never any "attempt" to go after monies previously given to Wesley as was insinuated in original phone conversations, so as a result, we do not have the 60,000 in debt, but are also now out the 120,000 in equity. I did make all the suggested calls, messages, and letters. I am still displeased with service and regret my involvement with WFG. I believed that an attorney was going to handle things on my behalf. From the beginning I have been misled and cheated out of another 10,000 to the time share industry.
Business' Final Response
In response to the additional information submitted my Mr. ****, it is still the position of our company that without our direction and advise, his parents timeshare account would not have been cancelled and their debt of $60,000.00 would not have been eliminated. As to the statement he makes concerning the POA, we have prepared numerous POA's for our clients and I was mistaken about our preparation of this particular POA. We did not prepare the POA so I was mistaken about that. I am submitting the record in our pipeline of conversations and emails between individuals in our company and Mr. ****. I am submitting the original letter of complaint that our office prepared for Mr. **** to review and mail to Wyndham in order to document his parents claims against them. I am also attaching an additional letter we prepared in response to a letter Mr. **** received from Wyndham dated January 29, 2013 asking for additional documentation on the case. Our agreement with Mr. **** guarantees cancellation of the debt owed to Wyndham. We can not guarantee recovery of funds paid in on loan accounts or maintenence fee accounts. It is unfortunate that there was no refund of any kind given by Wyndham in this case but the debt has been cancelled per their letter of cancellation which I have attached. The account was cancelled on March 26, 2013. We are disappointed that Mr. **** is unhappy with our service but have completed our requirements to him under our agreement. We do not know what we can do further in this case and will not be refunding any money.
Complaint Resolution: BBB determined the company provided proper verification that indicated there was no obligation to resolve the issues of the complaint.