Complaints

This profile includes complaints for Summerwinds Resort Services, LLC's headquarters and its corporate-owned locations. To view all corporate locations, see Find Local Branches.

close

Find a Location

Summerwinds Resort Services, LLC has 4 locations, listed below.

*This company may be headquartered in or have additional locations in another country. Please click on the country abbreviation in the search box below to change to a different country location.

BBB accredited

Near

Country

USUnited States

Please enter a valid location.

Filter

• 

  Summerwinds Resort Services, LLC

  3179 N Gretna Rd Branson, MO 65616-7243

• 

  Summerwinds Resort Services, LLC

  3864 Green Mountain Dr. Branson, MO 65616

• 

  Summerwinds Resort Services, LLC

  403 N Business 65 Branson, MO 65616

• 

  Summerwinds Resort Services, LLC

  118 State Dr Hollister, MO 65672-4987

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:02/06/2025

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I have been attempting several times to reach an individual with Capital Vacations to find out what is needed to relinquish my contract. I have left multiple messages, email, and voice mail. Absolutely no one returns a call or an email. Upon reaching someone with customer support I discovered they hadnt updated my address in *********************************************************************** addition, I was sent a delinquent bill which I immediately paid. Once the bill was paid I was refused to receive a receipt. This organization is very terrible to work with. I can only state that one should stay clear of this type of contract. The accounting operation is quite shady and certainly on the edge of violating laws. I am simply submitting this compalint to help in relinquishing my contract with Capital Vacations/Stormy Point Village.

  Business Response

  Date: 02/14/2025

  We are sorry to hear that the ********* familys experience with Capital Vacations has been less than stellar. We attempted to reach the ********* family on February 14 to resolve any issues they may have.Fortunately, we made contact with Mr. ********** Mr. ********* was able to confirm that he is speaking with a Deeding Coordinator and was able to make a payment for his maintenance fees and is now working on a deed back process for his ownership. 

  Customer Answer

  Date: 02/18/2025

  Response is fine although, not accurate. I continued to call until I finally reached the relinquishment coordinator. Apparnetly she is the only person addressing these issues and has no time to respond to emails or voice mails. If I hadnt reached her directly on the phone I may not have ever started this in motion. I am now awaiting a deed closure to have notorized and completed.

• Initial Complaint

  Date:02/20/2024

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  We originally purchased in 2014, but in 2018 is when our issues began. We were forced to upgrade to continue, but with the upgrade would gain access to new amenities and options. Our first experience with the new options was a place in major need of repairs (Burnt out lights everywhere, no phones, dirty). There was also the promise of the new lazy river and expansive pools to which has not happened even to this day. We expressed our dissatisfaction at the time and were told that Capital would resolve. This became further from the truth. They had no intention of resolving, but gave me the option that if I wanted the add-ons then I would need to upgrade, AGAIN. I immediately attempted to get out at that time, but was told I had no options unless I paid $8000. We have attempted to communicate with Stormy Point, but then were told we needed to communicate with Capital and vice versa. We have completely been given the run around with no attempts from Capital or Stormy Point to reach any sort of resolution. We have attempted emails, letters, and phone calls to both Capital and Stormy Point all of which were not responded to or said I needed to speak with someone else.

  Business Response

  Date: 03/15/2024

  We apologize if the ***** familys experience with Capital Vacations did not meet their expectations. We were fortunate to speak with the ***** family on March 13, 2024. This conversation provided us with great insight and assisted us in finding a resolution.  Because we want all our customers to be completely satisfied, we offered the ***** family a portal walkthrough.During this walkthrough they will be shown how to utilize their owners portal and give them the ability to take full advantage of all the benefits their membership has to offer. The ***** family will be instructed how to deposit their points and then book the ideal size room that provides all the amenities they desire at any resort and location they would like to make memories in. If the ***** family decides to accept our offer, please have them contact us at ************* Monday through Friday 9:00 a.m. to 7:00 p.m. (EST).
  The ***** family state in their complaint that they have requested their contract be canceled with Capital Vacations. Unfortunately,the only option we have available to the ***** family would need to pay their loan in full, pay any outstanding maintenance fees, Club Dues and Facility Fee,and pay a $480.00 exit fee. If the ***** family would like to take advantage of this program have them call ************, Monday through Friday, from 8:00 a.m.to 5:00 p.m.

  Customer Answer

  Date: 03/22/2024

  Complaint: 21313717
  
  I am rejecting this response because: The company has not addressed any of my issues. I have at this time been at least contacted by the company and will continue to work directly with them, however after conversations the company is still not taking my complaints and grievances seriously. I just want out and will not pay another *****. They want me to spend more money to even get out and continue to hold me hostage until I pay their ******. I cant use it, I wont use it, and havent been able to use it. I previously completely owned it, until they made me upgrade since they were taking over.

  
  
  Sincerely,
  
  *******************

  Business Response

  Date: 03/27/2024

  We apologize if the ***** familys experience with Capital Vacations did not meet their expectations. We were fortunate to speak with the ***** family on March 13, 2024. This conversation provided us with great insight and assisted us in finding a resolution.  Because we want all our customers to be completely satisfied, we offered the ***** family a portal walkthrough. During this walkthrough they will be shown how to utilize their owners portal and give them the ability to take full advantage of all the benefits their membership has to offer. The ***** family will be instructed how to deposit their points and then book the ideal size room that provides all the amenities they desire at any resort and location they would like to make memories in. If the ***** family decides to accept our offer, please have them contact us at ************* Monday through Friday 9:00 a.m.  to 7:00 p.m. (EST).
  The ***** family state in their complaint that they have requested their contract be canceled with Capital Vacations. Unfortunately, the only option we have available to the ***** family would need to pay their loan in full, pay any outstanding maintenance fees, Club Dues and Facility Fee, and pay a $480.00 exit fee. If the ***** family would like to take advantage of this program have them call ************, Monday through Friday, from 8:00 a.m. to 5:00 p.m. (EST)

  Business Response

  Date: 04/01/2024

  Capital Vacations stands by its previous responses to the ***** familys allegations repeated in this rebuttal complaint. Consequently, it remains CVs position that there were no violations in connection with the ***** familys timeshare purchases, and the ***** family entered into a legally binding contract with our company and we are not obligated to cancel their contracts.

• Initial Complaint

  Date:12/14/2023

  Type:Order Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Today, December 13, 2023, I was informed during a Capital Vacation presentation at ****************************** with ****** and ***** that I had been RIPPED OFF/CHEATED/MISLEAD by Stormy Point Village Association for 2018, 2019, 2020, 2021, 2022, and 2023 by paying UNKNOWN OWNERS' MAINTENANCE FEES due to COVID-19. I purchased a TRI-ANNUAL DEED Property while on ACTIVE Duty and stationed at ****************, **. Unfortunately, I have NOT returned to take advantage of the Stormy Point Village perks. I have been misled and cheated as others in this timeshare because this was my first purchase. I would NOT knowingly enter into a contract with two UNKNOWN persons for reasons that have occurred. They sold and/or abandoned their timeshare responsibilities and Stormy Point Village Association by Capital has tacked on additional maintenance fees to my annual bill. Take a look at the statement dated November 10, 2023, #******, Contract 74031-14.I can barely pay my debts, but I absolutely cannot take unknown people's debt that Stormy Point Village by Capital Vacations is fraudulently tacking onto my account to create an unnecessary financial hardship on my family. Help a retired military veteran resolve this foolishness PLEASE.

  Business Response

  Date: 12/21/2023

  ***************************
  We apologize if ******************** experience with Capital Vacations did not meet her expectations. We reached out to ****************** on December 20, 2023, to resolve any issues she may have had regarding her billing statement. Fortunately, we were able to speak with ****************** on December 20, 2023, explained the billing statement.  Because we want all of our customers to be completely satisfied, we are pleased to say that ****************** now understands her billing statement and we consider her complaint resolved.   

  Customer Answer

  Date: 12/25/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  ***********************

• Initial Complaint

  Date:06/15/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I am writing to file a formal complaint against Stormy Point Village regarding my timeshare purchase. My husband and I, along with my parents, attended a meeting where we were promised tickets to any show for our group of 25. However, the sales representative kept pressuring us to purchase a four-bedroom home with the admiral package that came with the house. We were told that we were only allowed to use the timeshare on odd years. On a recent trip, we had to attend another meeting to receive discounted tickets. This meeting was supposed to last 90 minutes but end up taking 4 hours out of our vacation time. The purpose of the meeting was to try to sell us on a point system, which was not explained to us when we initially purchased the timeshare through Summer Winds. We found out that Summer Winds was bought by Capital Vacations, which uses a point system. The maintenance fees for the timeshare continue to rise every year, costing my family more money even after paying off the loan. For the past several months, we have sent multiple emails to Stormy Point Village requesting a release from our timeshare, but we have yet to receive a response since around September 2022. When we spoke to Rhonda in the Financial Services department, we were told that we had to pay 60% of the loan plus maintenance fees to be eligible for a release. This is not fair to us, as we are not satisfied with the timeshare and cannot afford to continue paying for it. We demand to be released from the timeshare immediately, as we have no use for it and need to be free from this burden. We urge your organization to investigate this matter and take appropriate action to ensure that other consumers do not fall victim to Stormy Point Village's unethical sales practices. Thank you for your time.

  Business Response

  Date: 06/23/2023

  June 22, 2023Better Business Bureau Serving Eastern & Southwest Missouri & S. Illinois Dispute Resolution Department******************Re:BBB Complaint No. ******** ******* and ****** ****** Owner ID:******;Contract ID:********** Dispute Resolution Department:This letter shall serve as VPG Partners VI, LLC’s (“VPG”) formal response to BBB Complaint Case No. 20192481concerning ******* ****** and ****** ******(hereinafter “the ****** family”).Our records show that on June 11, 2018,in Branson, Missouri, the ****** family entered into an Interval Ownership Contract and Installment Note with VPG Partners IV, LLC, the developer of Stormy Point Village (“Contract”),for a four –bedroom timeshare week with biannual occupancy (every odd year) commencing in 2019 (“SPVInterest”). The ****** family made a down payment and financed the balance over120 months (Contract ******).The ****** family desires to have their Contract cancelled now claiming they are unsatisfied with their timeshare purchase, they cannot afford to keep paying for it, and they do not think that the criteria for them to be released from their Contract obligations are unfair.Based on our investigation, we respectfully deny the ****** family’s allegations and decline to cancel their Contract.The ****** family claims that they were pressured by sales representatives to purchase their SPV Interest and were told that they could only use it every odd year.It is true that they can only use their timeshare week in odd years because that is what they opted to purchase. The term sheet that they signed at the conclusion of the sales presentation after hearing about the different timeshare interests offered clearly stated that the usage was odd years only. The Contract that they signed clearly set out at the top of the first page the description of the week they were buying and that the use rights were odd year only commencing in 2019.We deny that the ****** family was pressured to make a timeshare purchase at the sales presentation.They voluntarily agreed to attend a sales presentation about purchasing timeshare interests in Stormy Point Village in exchange for certain gifts. They knew in advance the purpose of the sales presentation,the duration of the sales presentation.They were under no obligation to make a purchase, but as noted above, decided to make a purchase,and signed a term sheet for the preparation of documents to make the purchase of their SVP Interest. Then, they participated in a closing conducted by a closing agent who reviewed the term sheet to make sure it was correct and explained each of the purchase and financing documents with them before the ****** family signed and/or initialed each one. The ****** family provided a credit card for automatic loan and maintenance fee payments and their drivers’ licenses to notarize documents. At any point in the process,they could have discontinued the purchase. Moreover, in the closing, they received a written notice of their right to cancel their Contract within five days after the date of the Contract in accordance with Missouri law. The ****** family signed this notice,and they received a copy of it along with the other documents they signed in the closing. They had the opportunity to cancel their contract which if timely made would have been honored.While the ****** family voluntarily accepted an invitation to attend a Capital Vacations sales presentation about the benefits of the Capital Vacations Clubin exchange for show tickets, we do not understand what impact this has on the2018purchaseof their SPV Interest. We further find it unpersuasive as a reason to cancel the Contract for their SPV Interest.

  Stormy Point Village**** ** ****** *** ***** **** ******** ** *****The ****** family complains that their maintenance fees continue to increase. However, several documents that the ****** family acknowledged and signed showed that they understood the amount of the maintenance fees they would be required to pay annually could be subject to increases.For example, Section 2 of the ****** family’s Contract specifically states:“The initial annual maintenance fee, which shall include BUYER’S portion of the common expenses, shall be $799.00 per Unit Week purchased by BUYER hereunder, which fee shall be remitted to the Association or its designated agent, however, if BUYER shall utilize BUYER’S Unit Week prior to said date or borrow future usage of any Unit Week, the maintenance fee for the Unit Week shall be payable contemporaneously with the usage booking and in advance of such use. The maintenance fee, which shall be subject to change, based on Unit Week type, shall be an obligation that is payable by BUYER in addition to the purchase price or payment set forth above[emphasis added].”The ****** family claims they have submitted numerous unanswered requests for release from their SPV Interest However,according to our records,on September 15, 2022, Mrs. ****** called owner services about how to relinquish her SPV Interest and was informed by the agent since they still had an active mortgage, the ****** family would need to pay off their loan to participate in the deed back program. The agent then transferred Mrs. ****** to the financial service department to get a loan payoff amount.We show no other requests from the ****** family. While we understand that the ****** family does not think the deed back program is fair, they should keep in mind that we have no obligation to offer voluntary deed backs. The financial services department can negotiate a settlement of the ****** family’s delinquent loan and maintenance fee accounts and they can assert any hardship they may be experiencing.Consequently, based on the facts set forth above, it is our position that there were no violations in connection with the ****** family’s purchase of their SPV Interest or their treatment as owners. The ****** family entered into a legally binding Contract with VPG, and we are not obligated to cancel their Contract. If the ****** family would like to discuss their outstanding financial obligations and possible settlement options, they can reach out to the Financial Services Department at ************, Monday through Friday 8:00 a.m. to 5:00 p.m. (EST).Sincerely,****** Customer Relations Specialist

  Customer Answer

  Date: 07/12/2023

  We do not accept ******'s response. ****** ignores the fact that what we were told during the time of our purchase by their sales representatives turned out to be nothing that was stated on the contract documents were signed. We trusted that what the sales representatives were telling us was true and also stated on the contract documents, but they misrepresented the entire timeshare program. ****** states that we were given a written notice that we had the right to cancel our contract within five days. However, we were rushed through the closing process, and the sale representative gave us no time to review what we were actually signing. As we stated above, we trusted that they were providing us with pertinent information that we needed to know. We are disheartened to learn that this company still requires us to pau them thousands of dollars to exist our timeshare contract after we have explained to them how we were misled into purchasing the timeshare. This is not a fair resolution, and we request that they do the right thing and release us from the timeshare without any additional fees

  Business Response

  Date: 07/18/2023

  Re:      BBB Complaint No. ******** ******* and ****** ******
              Owner ID: ******; Contract ID: ******
  
  Dear Dispute Resolution Department:
  
  This letter shall serve as VPG Partners VI, LLC’s (“VPG”) formal response to BBB Rebuttal Complaint Case No. ******** concerning ******* ****** and ****** ****** (hereinafter “the ****** family”).
  
   VPG stands by its previous responses to the ****** family’s allegations repeated in this rebuttal complaint. and will only address their new allegations in this letter. The ****** family did not specify in their initial complaint what they thought they were told by the sales representatives that was untrue and they have still not provided that information. Rather, the ****** family alleges they were rushed through the closing of their documents and not provided “pertinent information they needed to know”.
  Our Company does understand that much information is covered during the sales presentations which is why we take ample time to review significant items, including costs and fees, with our owners at the closing. This process enables VPG to fully explain the terms of the purchase to the buyers, and also gives the buyers time to make sure that the purchase is right for them. We are sorry that they felt rushed, but our agents are trained to give buyers as much time as they want to read through documents and ask questions before they sign them.
  
  When the ****** family executed their Interval Installment Contract, they acknowledged that the transaction was governed only by the written contract. The following disclosure was clear and conspicuous and in bolded text just a few inches above where the ****** family affixed their signatures:
  
  “BUYER FURTHER ACKNOWLEDGES, REPRESENTS AND AGREES THAT BUYER HAS HAD THE TIME AND OPPORTUNITY TO READ THIS AGREEMENT IN FULL, THAT BUYER UNDERSTANDS THE TERMS OF THIS AGREEMENT. THAT BUYER UNDERSTANDS BUYER HAS THE UNCONIDTIONAL RIGHT TO CANCEL THIS AGREEMENT WITHIN FIVE (5) DAYS AFTER THE DATE OF THIS AGREEMENT, AND THAT SELLER HAS NOT MADE ANY PROMISES, REPRESENTATIONS OR WARRANTIES TO INDUCE BUYER TO ENTER INTO THIS AGREEMENT OTHER THAN THOSE SET FORTH IN THE TERMS OF THIS AGREEMENT. BUYER ACKNOWLEDGES THAT THE TERMS OF THIS AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND THAT ANY PRIOR UNDERSTANDINGS, REPRESENTATIONS OR AGREEMENTS BETWEEN THE PARTIES ARE HEREBY SUPERSEDED AND MERGED INTO THIS AGREEMENT. [emphasis added]”
  
  Moreover, the 15 key provisions of the transaction were highlighted for the ****** family in the Purchaser Acknowledgement. This form was reviewed with them in the closing before they initialed next to each section that they understood and agreed with it. Of particular relevance to their rebuttal complaint is Section 5:
  
  “That all understandings and agreements between the parties are set forth in writing in the Purchase Agreement or a written addendum thereto.”
  
  With respect to their unconditional right to cancel their contract under Missouri law, the ****** family  claims in this rebuttal complaint that while they were “given a written notice” in the closing, they were rushed through the closing,  In fact, as mentioned in the initial response, the ****** family were not just given  a written notice, they were provided with the opportunity to review a  separate written notice of their  cancellation rights, they both signed the written notice,   and they received a copy of the written notice along with the other purchase documents they signed in the closing
  
  While we understand that the ****** family does not think the deed back program is fair, they should keep in mind that we have no obligation to offer voluntary deed backs. The financial services department can negotiate a settlement of the ****** family’s delinquent loan and maintenance fee accounts and he ****** family can assert any hardship they may be experiencing at that time.
  
  Consequently, based on the facts set forth above, it remains our position that there were no violations in connection with the ****** family’s purchase of their SPV Interest or their treatment as owners. The ****** family entered into a legally binding Contract with VPG, and we are not obligated to cancel their Contract.
  
  Once more we urge the ****** family to contact and discuss their outstanding financial obligations and possible settlement options, with the Financial Services Department at ###-###-####, Monday through Friday 8:00 a.m. to 5:00 p.m. (EST).
  
  
  
  Sincerely,
  
  ******
  Customer Relations Specialist
  Stormy Point Village

• Initial Complaint

  Date:06/06/2023

  Type:Customer Service Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  AFTER PAYING OFF A TIMESHARE I AM NOW GETTING LETTERS FROM THIS CREDITOR WHO BOUGHT MY DEBT. I TOLD THEM AND SHOWED THEM THAT I PAID THEM OFF.

  VPG PARTNERS VI LLC
  PO BOX 78843
  PHOENIXAZ, 85062

  Business Response

  Date: 07/10/2023

  This letter shall serve as Capital Resorts Group, LLC d/b/a Capital Vacations formal response to BBB Complaint No. 20042663concerning *********************************** and ********************************* (hereinafter the ******** family).Capital Resorts Group, LLC d/b/a Capital Vacations (Capital Vacations or CV) is the owner and developer of the Capital Vacations Club (the Club), a multi-site timeshare plan created and registered with the ******* ********** of ******** & ************************ ******** of Condominiums, Timeshares, and Mobile Homes, pursuant to the ******* Vacation Plan and Timesharing Act, Chapter 721, Part II, Florida Statutes. The Club is structured as a perpetual trust and has over ****** Member Beneficiaries. Members are entitled to exercise and enjoy Member Beneficiary Rights subject to the terms of the Amended and Restated Agreement of Trust of Capital Vacations Club (Trust Declaration) entered between Capital Vacations (as Club Developer) and CRG *********** **** (as Trustee), and other Club Documents including the Club Purchase Agreement. The Vacation Interest Seller (VI Seller) named in the Purchase Agreement is the owner of the timeshare estates in the Clubs component site resorts (Vacation Interest) authorized by Capital Vacations, as Club Developer, to be sold to Purchaser. Please see www.capitalvacationsclub.com for information about the Clubs component site resorts. The Vacation Interest identified in the Purchase Agreement does not affect Purchasers Member Beneficiary Rights. Pursuant to the Club Purchase Agreement, the Purchaser authorizes the VI Seller to deed the Vacation Interest to the Trustee and the Trustee to accept the deed to the Vacation Interest so that the Purchaser can be designated a Member Beneficiary. All Member Beneficiaries have the right to use and occupy all the accommodation and facilities within the Trust estate. Capital Points are an appurtenance to the Member Beneficiary Rights and are not separable therefrom. Capital Points represent the currency used to reserve accommodation and facilities of the Club. Our records show that the ******** family entered into a Stormy Point Village Interval Ownership Contract and Installment Note on August 5, 2015,in Branson, ******** (Contract No.88571). They financed the purchase with a 120-month loan and signed a promissory note.The ******** family claims they have paid their timeshare off,however,they have not. Our records show that the ******** family is past due on maintenance fees and on their loan.Please reach out to the **************************** where they can discuss maintenance and loan solutions. Monday through Friday 9:00 am to 5:00 pm (EST) at 833-849-0301. Sincerely,***** Customer Relations Specialist Capital Vacations

  Customer Answer

  Date: 07/10/2023

  Although there are Maintenance fees  they were separate from the loan, and we pain separately to them. One company for maintenance and another for the actual loan in which I am referring too. I paid off. I made the $3000 final payment in December  of 2020 and  logged saw a 262 payment was due. called to see why there was still a payment and was told that was a computer error it's paid in full. A year later started getting letters from the other creditor. I am aware of the  quarterly Maintenance fees but would like to rectify the paid off loan issue before moving forward

  Customer Answer

  Date: 07/10/2023

  Complaint: 20042663
  
  I am rejecting this response because:
  The maintenance fees that are due quarterly were separate from the paid in full loan. I called the previous loan company in February to see why the online account information stated I still owed $ 262 and was told it was a computer error and I was done with payments to them.  I saved the screen shot and I am applying it to this response I am aware of the owed maintenance fees that is not the nature of my complaint. 
  
  
  Sincerely,
  
  Sebastion And *********************************

• Initial Complaint

  Date:05/04/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  First of all, excuse my English, it's not my primary language, but I would like to report that we're very dissappointed, sick, and tired of dealing with this timeshare company. First they called themselves Summer Winds, later Stormy Point, and now, something else. Everything is shady, specially, trying to get information and having to talk to very rude employees. I'm more than willing to provide names and dates, if needed. I have records of the dates and time they have made me wait on the phone. You can clearly see they do it on purpose so you don't use your week. So far, they have been successful. I hope not all of them are that rude. When we bought, we received many promises, which have NOT been honored. For exemple: Maintenance fee will take many years to increase, its almost fixed. If you need to sell your timeshare, we will buy it back because we don't have many buildings and the demand for our timeshares is huge. If you make your payment by Nov. 1st. your money will be reimbursed. I have called on Nov. 1st. at 8:00 AM to pay, and the money has never been reimbursed. We have visited Branson, MI. only once, while using our Westgates Resort. When we bought Stormy Points, the seller said they will not increase the 399.00 maintenance fee. Now, we're paying 776.00. I don't receive a statement on the mail or at l**** a yearly e-mail or text reminder about the maintenance fee, when it is due. I have to call to get a bill sent to me. They don't have a system to pay online, and when you call to pay the maintenance fee, it's just very frustrating; they make you wait for hours.That is without mentioning the struggle you have to suffer while trying to reserve your week for your family to enjoy a vacation. They never have availability. The seller assured us to have many hotels all over the world that we could stay in. When we said we didn't want to deal with International Interval because they also NEVER have availability, he said we didn't have to pay for Interval because Stormy Point pays for that service, which is not true. They only paid for one year. The Sales agent, who bragged about being very honest because he's Christian, I can provide his name, if needed. He is just a very dishonest person. I wish I had recorder our conversation with him. I hope they can return our money or get back the fraudulent timeshare they sold to us. If you need to contact me, please, do not hesitate. ###-###-#### my name is ****** *******. Thank you, so much, for having an Institution like BBB to report FRAUD, and keep businesses accountable.

  Business Response

  Date: 05/11/2023

  Please see the attached formal response to the ******* family.  If you have any questions, please let me know.

   

  Additionally, the ******* family allege that they were told they would not have to pay for Interval International, but then found out that VPG only pays for the first year. However, the ******* family initialed beside and signed below Section 8 of the Purchaser Acknowledgement which states:
  
   “That Interval International dues must be current in order to conduct an exchange. The first year dues are paid for by Summer Winds Resorts.”

  Lastly, the ******* family requests that their contract be cancelled with a refund. We respectfully are denying their request. VPG does offer a Deed Back program to assist owners who are paid in full, who are current and willing to pay the Voluntary Surrender Fee of additional Club Dues, Facility Fees and Common Assessment Fees, and who are willing to pay a Transfer Fee. In the event an owner complies with all of the requirements set forth above, SPV offers to release those owners that wish to participate from any future contract obligations. If the ******* family would like to participate in the Deed Back program, they must contact ***** **** at **************************.

  Sincerely,
  
  ****** ******** ******* **********

• Initial Complaint

  Date:11/05/2022

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  For reference ****** or ******** *************************  I am putting in this request to cancel my timeshare with ****** ***** *******. I have had my feel for the inconsistencies and rude employees and am ready to sell this back to you like I was told we would be able to at any time by the men who sold it to us: ***** ** ******** **** **** *** ***** *. back in 2010. After multiple attempts to try and book (which my wife took care of that and the employees were extremely rude to her never offering any insight, only denying us because it wasn’t our time to use the timeshare), it is obvious to me that this will never live up to the full potential of how those men told us it would. My sweet wife, *******, has passed away this most recent January and I want this out of my life. Each time I think about this timeshare, I can only see how disgusting my wife was treated over the phone when trying to learn how to use it. I don’t want someone to come back to me telling me I am not able to sell it back to you. That is not what was told to me. Ask those three men, surely they will tell you or other people who they’ve sold to will share the same story. I am ready to get my money’s worth out of this mess by having you pay me for it now. I sent this to ******* in August but do you think they responded? No! ****** ******* *** ******* ****** ******

  Business Response

  Date: 12/12/2022

  Via Email: ********************* Centralized Complaint Services*** ** ********* ***** ******* ****** ******** *****Dispute ResolutionDepartmentRe:BBB St. Louis Complaint No. ********; ****** **** ****** ** *** ******* ******* ** ******* ******** **** ********************Dear Mrs. *******,This letter shall serve as VPG Partners, LLC’s (“VPG”) formal response to BBB Complaint No. ******** concerning ****** ** ******* **** *** ******* ** ******(hereinafter “the ******family”).Our records reflect that the******family purchased ****** ***** ******* ***** timeshare interests on two (2) separate occasions from VPG Partners VI, LLC (“VPG”). The ****** family purchased their first ****** ***** Village timeshare interest in Branson, Missouri on October 6, 2010.During the ******family’s second purchase, they upgraded their ****** ***** ******e timeshare interest in Branson, Missouri on October 3, 2017.The******family alleges that a VPG sales representative informed them thatVPGwould either buy back or resell their timeshare. However, while VPGdoes have rights of first refusal (“ROFR”), the contractsexecuted by the ****** family clearly state that VPG does not guarantee to buy back or resell the purchaser’stimeshare interest. The ****** familyalso explicitly acknowledge that no employee or agent of VPG represented to the ****** family that VPG would buyback or resell the timeshare interest. Specifically, Section 20 of the Interval Ownership Contract and Installment Note states:“BUYER ACKNOWLEDGES, AGREES, AND WARRANTS THAT THE PURCHASE OF THIS UNIT WEEK IS MADE FOR BUYER'S PERSONAL USE AND THAT THERE HAVE BEEN NO REPRESENTATIONS CONCERNINGRENTALS, RENT, RESALE, RETURNS, TAX ADVANTAGES, DEPRECIATION OR INVESTMENT POTENTIAL, OR OTHER MONETARY OR FINANCIAL ADVANTAGES AND THAT NONE OF SUCH THINGS HAVE BEEN REPRESENTED TO BUYER BY SELLER, ITS AGENTS, EMPLOYEES, OR ASSOCIATES AND THAT BUYER HAS NOT RELIED ON ANY SUCH REPRESENTATIONS WHEN MAKING BUYER'S DECISION TO PURCHASE FROM SELLER.BUYER COVENANTS AND AGREES TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT AND ALL DOCUMENTS REFERENCED HEREIN. [emphasis added]”Furthermore, the ******family also acknowledged Section 4 of the Purchaser Acknowledgement form which specifically states:

  ****** ***** *********** ** ****** *** ***** **** ******** ** *****“That there are no separate agreements for this repurchase, resale or rental of our interest, but that we may seek to do so on our own through a licensed real estate broker of our choice [emphasis added].”Next, the ******family alleges that VPG displayed poor customer service, but this is simply not true. In reviewing our Customer Service records, which document each interaction with the ****** family, we communicated with the ******family on numerous occasions during their ownership. The******family also claims that they could never make reservations, and we never gave them insight as to why they could not book. However this is not true. The ****** family were unable to make reservations on multiple occasions due to non-payment of maintenance fees. Section 12 of the Purchaser Acknowledgment that the ****** family initialed and signed specifically states: “That in order to reserve a Unit within our designated Season we much contact Central Reservations via telephone, fax, email, and Reservation Requests will be granted on a first come, first served, space available basis. We must be current in the payment of all Maintenance Fees and loan payments, if any, in order to reserve a Unit.” The reason for their inability to book a reservation was explained to the ****** family on each occasion and our Customer Service Specialists assisted them with arranging payments and subsequently scheduling reservations. Lastly, the ******family requests that their contract be cancelled with a refund. However, we are denying their request. ** ******** Deed Back program to assist owners who are paid in full, current on Maintenance Fees, and who are willing to pay a Transfer Fee. In the event an owner complies with all of the requirements set forth above, ********* to release those owners that wish to participate from any future contract obligations. Whilethe ****** family is not currently eligible for this program, as their loan is not paid in full, they can contact our Financial Services Department at ************, Monday through Friday, from 8:00 a.m. to 5:00 p.m. and the 2ndand 4thSaturday of the month from 8:00 a.m. to 12:00 p.m. (EST)to discuss payment options which will make this program an option for them. Additionally, each purchase agreement contains a cancellation provision which grants the purchaser the right and opportunity to cancel their contract within the statutory rescission period contained therein, which is determined pursuant to the law of the state where the contract was executed. This statutory rescission provision grants the purchaser a “cooling off” period, which provides them with additional time to review their contracts and the terms contained therein. The statutory rescission period in Missouri, the state where the ****** family executed their contracts, maintains a rescission period of five (5) days from the date of purchase. This cancellation and rescission language was included in the ****** family’s Purchase Agreement inbold text, large font and was clear and conspicuous, which they signed directly below. The ****** family was afforded the opportunity to cancel their timeshare purchase in accordance with the statutory rescission period; however, the ****** family failed to exercise their cancellation rights within the rescission period.****** ***** *********** ** ****** *** ***** **** ******** ** *****Consequently, based on the facts set forth above, it is our position that there were no violations in connection with the ******family’s treatment as owners or their SPV timeshare purchase. The ******family entered into legally binding contractswith ****** we are not obligated to cancel their contract.Therefore, we respectfully decline the ****** family’s request for a cancellation and refund. If the ******family would like to explore additional options on how to utilize their timeshare benefits or if the ****** family has any additional questions regarding their ownership, please refer them to our Owner Services department by calling ************, Monday through Friday, from 9:00 a.m 5:00 p.m. (EST).Sincerely,***** *.Customer Relations Specialist Office of the President ******* ********

• Initial Complaint

  Date:07/15/2022

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  We were contacted by the Timeshare Company by telephone even though we are on the DO Not Call List. We told the representative over the phone that we were not interested but the representative continued to offer incentives for attending a presentation. The incentives included tickets to shows such as the ***** ********. We agreed to attend the presentation, but it was not what we expected. The presentation was supposed to last 1- hour but instead it lasted 4.5 hours. It was in a controlled environment in an office with a representative. There was only one entrance/exit, and it was not possible for us to leave without being noticed. The doors were closed, and we had to pay a deposit that we would not get back until the presentation had concluded. The Timeshare Company representative used high pressure sales tactics and would tell us that he was going to talk to his manager to get us a better deal. We attempted to leave but the representative kept telling us to wait a little longer to give him time to go talk with his boss. We were told if we left, we would not get our promised gifts or our deposit. The Timeshare Company Representative told us that the Timeshare Company would purchase our existing timeshare and that we could sell the new timeshare back to the Timeshare Company after 3 years. The representative also told us that we could use the Timeshare at any time of the year except Christmas and New Year. We were told we could go anywhere in the world any time we wanted. We were not made aware of the exchange fees when traveling to other resorts. We were told by the Timeshare representative that the Timeshare was an investment that would never decrease in value and could be sold back to the company after 3 years. We were told the resale department would help us sell our points/property. We were also told that we could deduct our Timeshare on our taxes if we use it for an item. We have only used our timeshare once since purchase in 2019.

  Business Response

  Date: 08/10/2022

  Dear **** *******,

  This letter shall serve as VPG Partners VI, LLC’s (“VPG”) formal response to BBB Complaint Case No********concerning **** ** ********** **. and ******* ** **********(hereafter “the ********** family”).Our records reflect that the **********family purchased a timeshare interest in ****** ***** ******* (***) from VPG Partners VI, LLC (“VPG”) in *******, Missouri on October10, 2016. The timeshare interest they purchased was **** ***, Week 1, Season Red, Usage Type Triennial (once every three years) with First Year Use of 2019.The ********** family seeks to have their Interval Ownership Contract and Installment Note (“Contract”) canceled with a refund making numerous allegations to support this result which are addressed below. In reviewing the ********** family’s complaint, they allege that misrepresentations were made and that they were pressured during their purchase. However, we deny these allegations. When the ********** family executed the contract governing their timeshare transaction, they represented and agreed that the transaction was governed only by the written contract, they were not relying on any other written or oral representations,and they were not induced to purchase. Additionally, the following provision was included in bold, clear and conspicuous text, just a few inches above where the ********** family affixed their signatures on their contracts:“BUYER FURTHER ACKNOWLEDGES, REPRESENTS AND AGREES THAT BUYER HAS HAD THE TIME AND OPPORTUNITY TO READ THIS AGREEMENT IN FULL, THAT BUYER UNDERSTANDS THE TERMS OF THIS AGREEMENT. THAT BUYER UNDERSTANDS BUYER HAS THE UNCONIDTIONAL RIGHT TO CANCEL THIS AGREEMENT WITHIN FIVE (5) DAYS AFTER THE DATE OF THIS AGREEMENT, AND THAT SELLER HAS NOT MADE ANY PROMISES, REPRESENTATIONS OR WARRANTIES TO INDUCE BUYER TO ENTER INTO THIS AGREEMENT OTHER THAN THOSE SET FORTH IN THE TERMS OF THIS AGREEMENT. BUYER ACKNOWLEDGES THAT THE TERMS OF THIS AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND THAT ANY PRIOR UNDERSTANDINGS, REPRESENTATIONS OR AGREEMENTS BETWEEN THE PARTIES ARE HEREBY SUPERSEDED AND MERGED INTO THIS AGREEMENT. [emphasis added]”The ********** family claims they felt they could not leave the lengthy sales presentation they attended on October 16, 2016.There is no dispute that they accepted an invitation to attend this sales presentation in exchange for show tickets

  ****** ***** *********** ** ****** *** ***** ***, *******, MO *****or that they could have declined the offer.Generally, sales presentations are approximately 90-120 minutes, which is clearly disclosed in the invitation. A consumer is free to get up and leave at any time during the sales presentation. If a consumer is attending the sales presentation in exchange for a gift, once the stated time has passed, the consumer can claim their gift and leave. It is customary in a sales presentation for the sales representative to offer consumers discounted pricing and other incentives if they purchase a timeshare interest. However, the consumer is under no obligation to stay to listen to new offers or to purchase. If the purchaser does decide to purchase, it would be normal and customary for them to spend more than the approximately 90-120 minutes with our representatives, as it takes additional time to answer questions, print out purchase documents and review the purchase documents with the purchaser at the closing.The ********** family alleges that they were told that *** would either buy back or resell their timeshare, and that they could us could utilize their ownership as a tax deduction.However, we deny this allegation. While *** does have rights of first refusal, the ********** family executed documents that clearly state that *** does not offer a resale or buyback program.Further, *** reiterates to all purchasers that it is not engaged in the resale of any timeshare interests. Specifically, Section 20 (Buyer’s Acknowledgements) of the Contract states:“BUYER ACKNOWLEDGES, AGREES, AND WARRANTS THAT THE PURCHASE OF THIS UNIT WEEK IS MADE FOR BUYER'S PERSONAL USE AND THAT THERE HAVE BEEN NO REPRESENTATIONS CONCERNING RENTALS, RENT, RESALE, RETURNS, TAX ADVANTAGES, DEPRECIATION OR INVESTMENT POTENTIAL, OR OTHER MONETARY OR FINANCIAL ADVANTAGES AND THAT NONE OF SUCH THINGS HAVE BEEN REPRESENTED TO BUYER BY SELLER, ITS AGENTS, EMPLOYEES, OR ASSOCIATES AND THAT BUYER HAS NOT RELIED ON ANY SUCH REPRESENTATIONS WHEN MAKING BUYER'S DECISION TO PURCHASE FROM SELLER. BUYER COVENANTS AND AGREES TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT AND ALL DOCUMENTS REFERENCED HEREIN. [emphasis added]”Furthermore, the ********** family also acknowledged Section 15 of the Purchaser Acknowledgement form that was reviewed in detail at the closing before they initialed and signed each section, which specifically states:“That there are no separate agreements for there purchase, resale or rental of our interest, but that we may seek to do so on our own through a licensed real estate broker of our choice.”Next, the ********** family alleges that they were told that they could use their timeshare week at any time except Christmas and New Years and complain that they have only been able to use their timeshare one time.However, as noted above, the timeshare interest that ********** family purchased was for triennial usage with the first use year being2019. From notes in their account records, the ********* family discussed their use rights with Owner Services and Owner Services called to remind them about usage and banking deadlines for 2019.The ********** family’s next use year is 2022. In making reservation, we remind them, as set forth at Section 3 of their Contract that:“The rights of BUYER to use, occupy and possess BUYER’S Unit Week are subject to the terms and conditions of those mandatory flexible time usage rules that are contained in the Declaration of Covenants and Restrictions, as modified, amended and supplemented from time to time (collectively, the “Flex Time Usage Rules”). BUYER acknowledges that BUYER understands the Flex Time Usage Rules and recognizes that SELLER reserves the right to modify or amend the Flex Time Usage Rules under circumstances described therein. Among other things, SELLER understands that accommodations usage

   

  ****** ***** *********** ** ****** *** ***** ***, *******, MO *****shall only occur on a “first-requested, first-confirmed” basis and pursuant to those reservations rules that SELLER has adopted and may modify from time to time [emphasis added]”.More specifically, Section 12 of the ********** family’s Purchaser Acknowledgment form specifically states:“That in order to reserve a Unit within our designation Season we must contact Owner Services, and reservation requests will be granted on a first-come, first-served, space available basis. We must be current in the payment of all Maintenance fees and loan payments, if any, in order to reserve a Unit.”The ********** family also complains about their experiences with the exchange company. However, we have no control over the performance of the exchange company. The ********** family also allege that they were not made aware that there would be exchange fees when traveling to other resorts. We deny this allegation.Section 9 of the ********** family’s Contract specifically states:“SELLER has entered into an agreement with a third-party exchange company (the Exchange Company) under which BUYER may temporarily exchange his accommodation rights and usage hereunder for accommodations usage at affiliated resorts in the United States and around the world. BUYER’S rights to access this exchange opportunity is voluntary and is subject to BUYER’S payment of membership and usage fees to the Exchange Company. SELLER makes no representations concerning the current or future ability of the Exchange Company to timely perform, as represented in the Exchange Company’s literature, or as to the availability or quality of Exchange Company accommodations.(emphasis added)”As the ********** family is aware, each purchase agreement contains a cancellation provision which grants the purchaser the right and opportunity to cancel their contract within the statutory rescission period contained therein, which is determined pursuant to the lawof the state where the contract was executed. This statutory rescission provision grants the purchaser a “cooling off” period, which provides them with additional time to review their contracts and the terms contained therein. The statutory rescission period in Missouri, the state where the ********** family executed her contract, is for a period of five (5)days from the date of purchase. This right to cancel was included in the purchase agreement as well as in a separate notice that they signed at the closing. The notice detailed their cancellation rights and the requirements to be followed to exercise that right by sending written notice to the address provided within the rescission period. The ********** family was afforded the opportunity to cancel their timeshare purchase in accordance with the statutory rescission period; however, they failed to exercise their cancellation right within the rescission period.Based on the facts set forth above and a review of our records, it is our position that there were no violations in connection with the ********** family’s *** timeshare purchase. The ********** family entered alegally binding contract with ***, the contract they executed included the requisite state mandated rescission provision and the ********** family did not exercise their cancellation right within the statutory rescission period which if timely made would have been processed. Therefore, we are not obligated to cancel their *** contract.While the ********** family’s request for us to cancel their Contract with a refund is denied, we do offer a Deed Back program to assist owners who are paid in full, who are current with the maintenance fees and willing to pay an exit and transfer fee. In the event an owner complies with all the requirements set forth above, we offer to release those owner****** ***** *********** ** ****** *** ***** ***, *******, MO *****who wish to participate from any future contract obligations. The ********** family is not currently eligible for this program; should they wish to become eligible;they can contact Owner Services about the Deed Back program.Sincerely,***** ****Customer Relations SpecialistOffice of the PresidentCapital Vacation

  Customer Answer

  Date: 08/18/2022

   

  Dear **** *******,

  This letter shall serve as my formal response to VPG Partners VI, LLC’s (“VPG”) reply to our complaint.

  We re-allege that we were pressured by the salespeople and they misrepresented to us about key matters that they knew would induce us to purchase. Specifically, ******** ****** told us that they would buy back the property from us if we were not satisfied with it after three years. Ours was an every three year use contract. We bought in 2016 so we could not use it until 2019. We were even told the resort had a resale department in the event we wanted to sell our property. *** ****** said to us, “in 3 years they would buy it back because they had many buyers that wanted more weeks.”This was the biggest lie they told us during the sales presentation that made us think it was ok to purchase. When we came back in 2019, we indicated we wanted to exercise our options with them buying back the contract. They said they could not do that until all the units had been sold and that could be a long time. They said they do not normally buy them back. We left frustrated and feeling like we had nowhere to turn.

  The other misrepresentations that induced us to purchase was *** ****** making us believe that we could make a profit on it. He kept telling us that it is real estate and is a good investment. He misrepresented that we could travel anywhere in the world with this. He did not mention that you have to book so far in advance and the best resorts, where you want to go, are still not available. *** ****** told us how wonderful the concierge service is but even that was a bad experience. We tried to use it but to no avail. *** ****** gave us his card and told us to call him with any problems and he will take care of it. When I attempted to call him it was like he was nowhere to be found.

  The closing seemed to be a continuation of the same experience we had with *** ******. The only difference is we were rushed due to having to be at the show they gave us tickets too for that evening. We started the presentation at 1:00 pm and began the closing at 5 pm. The closing was finished at 5:30 pm. They only spent a half hour going through the mortgage documents. Needless to say, it was rushed. /they gave very brief explanations and essentially told us that *** ****** went over that with us so just sign here. We could not read the documents anyway as it just was not allowed. They established trust with us so we would believe them to our detriment.

  It may be that *** ****** was just a bad actor and the whole VPG team is not corrupt. But if so, we were still induced by a lie to enter into the contract with VPG. We feel we should have all our money back but at this point we would be happy if they will just let us out of the contract.

  Truthfully,

  **** and ******* **********

• Initial Complaint

  Date:07/01/2022

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Our frustration and complaint is against Stormy Point Village and their continuous neglect of assisting us or providing options to cancel our contract. We’ve been sending cancellation letters however, we recently received a response on August 12, 2019 which stated they will not "allow us to just forfeit the contract and payment to the lender". However we’ve been asking for months if not longer to come to a mutual agreement to terminate our contract. To begin, we are confident we were pressured or trapped into making this purchase as they ignored us in our multiple requests to leave the presentation as we were disinterested. Actually, the first sales representative became very upset when we had expressed how we were not interested. Furthermore, it was never mentioned that the maintenance fees would continue to increase as we had received a bill that was much greater than what we were informed it would be. Moreover, we were under the impression we had understood the terms of the agreement. Nevertheless, following our purchase all the terms of the contract seemed to be the complete opposite. We were told that we would have the ability to be able to transfer, sell or rent our mortgage for profit which was one of the reasons why we were interested. Yet, that was actually incorrect as we do not have the ability to utilize the timeshare in that manner. Finally, we were rushed to finalize the paperwork yet the presentation lasted for over four hours. I am now disabled veteran on a fixed income and have mentioned this in addition to the many reasons why I wish to terminate my contract and they have continuously failed to assist me. I am confident they’re continuing to pressure me into staying into an agreement with their resort when they have to ability to easily terminate. I am requesting the documentation in order to move forward with cancelling Stormy Point Village.

  Business Response

  Date: 07/12/2022

  Dear Dispute Resolution Department:This letter shall serve as VPG Partners VI, LLC’s (“VPG”) formal response to Complaint No. ********, concerning **** ** ***** *** **** ** ***** (hereinafter “the ***** family”). Our records show that the ***** family purchased Stormy Point Village (SPV) timeshare interests (each an “Interval”) on two (2) separate occasions. Their first purchase was on July 21, 2013,for a three-bedroom Interval with occupancy every third year (“triennial”). On January 27, 2018, they upgraded their SPV ownership to a three-bedroom Interval with odd year occupancy commencing in 2019 (“biennial”)(Contract ******0). The ***** family wants us to cancel Contract ******. In fact, Contract ****** was foreclosed on January 17, 2021.For the record, we submit the following responses to the substantive allegations of their complaint.The ***** family alleges that they believe they were pressured into making their 2018 upgrade purchase but do not state why they now believe this. The ***** family also enumerates several alleged misrepresentations made in the sales presentation. We deny these allegations. When the ***** family executed Contact 106489, they represented and agreed that the transaction was governed only by the written contract, that they were not relying on any other written or oral representations,and that they were not induced to make the purchase. Moreover, the ***** family was aware that pursuant to Missouri law they had the unconditional right to cancel their contact within five (5) days after the date of the contract. They failed to do so. Then the ***** family alleges that they were unaware of their annual maintenance fees and that their maintenance fees could increase. However, several documents that the ***** family signed and acknowledged represented that the ***** family understood the amount of maintenance fees they would be required to pay annually, as well as the fact that these fees could be subject to increases. In fact, Paragraph 7 of the SPV Purchaser Acknowledgment form(“Acknowledgement”) reviewed with the ***** family in the closing and initialed by them to signify their understanding and agreement specifically states:“That the estimated 2018 maintenance fees are $619.00 and are due and payable no later than January 1st in each usage year. The membership fees must be paid even if we do not use our unit week in our usage year.”Paragraph 7 reiterates Section 2 of Contract ****** which specifically states:

   

  “The initial annual maintenance fee, which shall include BUYER’S portion of the common expenses, shall be $619.00 per Unit Week purchasedby BUYER hereunder, which fee shall be remitted to the Association or its designated agent, however, if BUYER shall utilize BUYER’S Unit Week prior to said date or borrow future usage of any Unit Week, the maintenance fee for the Unit Week shall be payable contemporaneously with the usage booking and in advance of such use. The maintenance fee, whichshall be subject to change, based on Unit Week type, shall be an obligation that is payable by BUYER in additional to the purchase price or payment set forth above[emphasis added].” Next, the ***** family alleges that they were told they “Would have the ability to transfer, sell or rent our mortgage for profit”and that that was an important reason why they made the purchase. While the ***** family cannot transfer,rent,or sell their mortgage, they could have rented or sold their timeshare week if they followed the rules for doing so.Moreover,the ***** family executed documents that clearly state that their timeshare purchase was for personal vacation use and enjoyment and was not being purchased for rental returns, including Section 20 of Contract ******. Paragraph 4of the Acknowledgement initialed by the ***** family specifically states: “That this purchase is made for our personal use and enjoyment without reliance on representations concerning rentals, rent return, tax advantages, depreciation, investment potential or other monetary or financial advantage made by seller, its agents, employees, or associates, and that we will not use any Unit as our principal residence. That there are no separate agreements for this repurchase, resale or rental of our interest, but that we may seek to do so on our own through a licensed real estate broker of our choice[emphasis added].” Then, the ***** family claims that they are on a fixed income and that their purchase has created a financial hardship. While this may be true now, when the ***** family entered their contract, they initialed directly next to Paragraph 2 of the Acknowledgment which states: “That we are of legal age and can afford this purchase, including the Enrollment Fee, the initial down payment, and the monthly installments.” Finally, contrary to their claims that they have been sending “cancelation letters” and asking for months to come to a mutual agreement to terminate their contract, the only letter from the ***** family about canceling their contract was received on August12, 2019,and we responded to that letter denying the request. The next communication was a call from Mrs. ***** on February 5, 2021,asking if they were in foreclosure and she was transferred to an agent who could answer their questions.

  ********** ***** **** ******** ********* ********** ****** ** *** ********* ******* *********