TUG MEMBERS: Joining TUG does not automatically register you as a user of the TUG Bulletin Board. You must register yourself.


*ads are disabled when logged in*
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 23 years! Join the tens of thousands of other owners here to get any and all Timeshare questions answered!
  3. Sign up to get the TUG Newsletter for free! Join tens of thousands of other owners who get this every week! Latest resort reviews and the most important topics discussed by owners during the week!
    Dismiss Notice
  4. Follow the TUG Member Banner as it travels the world on vacation with Timeshare owners! Also sign up to get the banner sent to you so you can submit a photo of your vacation with the banner to share with TUG! Banner Thread
    Dismiss Notice
  5. A few of the most common links here on the forums for newbies and guests!
    Dismiss Notice
  6. For any of you worried about seeing the "connection not secure" message in your web browser when visiting TUG, rest assured that TUG is no more or less secure than it always has been! read more details here in this thread
    Dismiss Notice

[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!

Discussion in 'Canada Timesharing' started by htusa2002, Nov 22, 2012.

  1. GypsyOne

    GypsyOne Guest

    Joined:
    Mar 21, 2013
    Messages:
    126
    Likes Received:
    0
    Trophy Points:
    16
    Thanks. Mysteries abound!
     
  2. BettyBoop52

    BettyBoop52 TUG Member

    Joined:
    Jan 19, 2016
    Messages:
    19
    Likes Received:
    2
    Trophy Points:
    3
    Location:
    Alberta, Canada
    What a mess. My heart goes out to those fighting Northwynd and I wish you all the best luck possible. The Hillside units were so beautiful back in the late '90s when we bought in and it's a shame to hear that they're so derelict now. I don't know how the resort owner(s) can sleep at night knowing that they've scammed so many people. I'm glad we opted to pay the "exit fee" and are done with these cheaters (as pensioners living on fixed income, we didn't think it would be financially feasible for us to do battle with a big corporation) but it still makes me angry to think that we lost all that money and they unfairly profited from us. I hope it's true what they say about Karma.
     
  3. GypsyOne

    GypsyOne Guest

    Joined:
    Mar 21, 2013
    Messages:
    126
    Likes Received:
    0
    Trophy Points:
    16
    It will be difficult to get justice in B.C. who does not want a major tourist attraction to fail and with a compliant legal system that knows the rules of the game. A much better chance for justice to prevail in the rest of Canada.
     
  4. truthr

    truthr Guest

    Joined:
    May 30, 2013
    Messages:
    69
    Likes Received:
    0
    Trophy Points:
    6
    Location:
    British Columbia
    For anyone who is a client of Geldert Law and is not currently a member of the "secret" Facebook group for clients only, please contact me to find out how to become a member.
     
  5. truthr

    truthr Guest

    Joined:
    May 30, 2013
    Messages:
    69
    Likes Received:
    0
    Trophy Points:
    6
    Location:
    British Columbia
  6. Spark1

    Spark1 Guest

    Joined:
    May 8, 2013
    Messages:
    154
    Likes Received:
    3
    Trophy Points:
    18
    Location:
    Ponoka alberta canada
     
  7. truthr

    truthr Guest

    Joined:
    May 30, 2013
    Messages:
    69
    Likes Received:
    0
    Trophy Points:
    6
    Location:
    British Columbia
    Just want to clarify - I don't know what Spark1 is doing that doesn't separate what I said and what they said but I did not say everything that is within the above quote, for clarification please see my post above Spark1's attempt to quote me and respond.
     
  8. sad_world

    sad_world Guest

    Joined:
    Mar 15, 2017
    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Greetings everyone,

    My poor aunt's situation just went from nightmarish to potentially life-ending because of these parasites. She lives in the U.S. and has now had someone attempt to serve her papers from Northwynd. Her sister was house-sitting for her, so the papers weren't served, and we don't know what they were exactly.

    How does a Canadian company serve papers to a U.S. citizen? Can they extradite, or do they summon you to a Canadian court? Are the papers they're currently serving a summons to court, or simply a bill? I'm hoping others here have any info or guidance for my aunt, as the amount of money that Northwynd is trying to take from her will ruin her.

    My aunt is suffering from early stages of Alzheimer's and can't really provide me much background information, so I don't know if she joined any of the class action lawsuits in the past.

    Truthr, I would love to be able to join your facebook group but don't see any way of sending you a direct PM on this forum.

    To others, if anyone knows what sort of paperwork they're sending to U.S. citizens and what to expect when my aunt eventually gets served, I would appreciate any information to help her avoid financial annihilation.

    To Northwynd, if any of you read this forum, I hope there's a very special place in hell for you all. What you're doing to helpless and elderly people is unconscionable. Kirk Wankel, I hope someday to make it to Canada and let everyone in your town know what a horrible, heartless piece of garbage you are. Shame on you.
     
  9. truthr

    truthr Guest

    Joined:
    May 30, 2013
    Messages:
    69
    Likes Received:
    0
    Trophy Points:
    6
    Location:
    British Columbia

    Hi Sad World - I have sent you a private message, which on this site is classified as a "conversation".
     
  10. Spark1

    Spark1 Guest

    Joined:
    May 8, 2013
    Messages:
    154
    Likes Received:
    3
    Trophy Points:
    18
    Location:
    Ponoka alberta canada
    Sorry to hear what is happening to your aunt. I would recommend you to get a hold of consumer affairs in the state that your aunt is from and they will be able to tell you if a company from Canada can legally do this. Find out if they need a licence in her state and if you have to talk to the governor of that state. In Canada consumer affairs is different from province to province and it might be that way in the USA. Ask Consumer Affairs in that State how Timeshare Owners are protected if they buy in another country. I feel when Justice Loo made the decision when she did and should not of many of the timeshare owners would not of paniced and paid. Northwynd immediately collected millions when they should not of. This hurt our case and it makes you wonder do judges protect judges. Be smart and keep your money. This case is far from over. Remember we own nothing but time not real estate. When they can show me my name on the land title at land titles I might consider but I do not agree with who the Alberta Judge turned the resort over to without a forensic audit.
     
  11. sad_world

    sad_world Guest

    Joined:
    Mar 15, 2017
    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Question to everyone: does anyone else on this board have recent experiences with someone attempting to serve you papers from Northwynd?

    Truthr, thank you, I will check that now.

    Spark1, thank you and bless you for the comforting words, which I need right now as I'm in full meltdown mode over this thing. Good reminder to take a breath, recognize that there are good people and institutions out there to protect the little person, and to remember that this sort of situation does move slowly and it's not over yet.

    I actually spent about 8 hours yesterday trying to catch up on the previous 89 pages of this thread, haha. On page 7, user THE AVENGER made a most interesting post, especially this section, which feels to me like the origin story of the metastasizing of this cancerous nightmare (emphasis mine):

    http://tugbbs.com/forums/index.php?...-with-lawsuit-info.182857/page-7#post-1465396

    "1. Who are we dealing with?
    As I understand it!
    Several years ago (6 or 7) we were offered an investment opportunity by a group from Fairmont called FRPL (Fairmont Resort Properties Limited) which promised to pay 12% on our investment. The key presenter of the scheme was Ed Nochalt. Colin Knight was there as well as others of the Fairmont group. We never invested but several people invested large sums into this plan. Some I know personally invested $100,000-$150,000 and much more. Interest payments were made for a few months then stopped. When Fairmont went into receivership, several of these investors (whom I know personally), formed a company called Northwynd and took over the assets of Fairmont. They knew nothing about running a timeshare company so left the same administration in place (who had run it into the ground by skimming large sums into their pockets).
    These investors (Northwynd), have devised a scheme (using a very clever lawyer) to recover some of their investment. The cash call for refurbishing will likely be funneled off to these investors by calling it repayment of loans or payments to creditors. This may be legal from the so called trust funds. There are no indications where the funds from those who are opting out will be allocated to. They are to go to a trust account of the lawyer. What are the conditions of this trust and what is it for? I understand it will go into the pockets of the Northwynd investors group."
     
  12. sue1947

    sue1947 TUG Member

    Joined:
    Feb 23, 2009
    Messages:
    911
    Likes Received:
    79
    Trophy Points:
    28
    Location:
    Seattle
    Sad_World:
    Some perspective for you: a woman in the early stages of Alzheimers is essentially judgement proof. You need legal advise from a lawyer, not timeshare owners on an internet website. An hour of time will, I believe, allay your fears and put this behind you. The lawyer can advise you on what course is best for her given her needs for care and how bankruptcy might impact that care. Other than the care situation, she no longer needs credit. So first check with a lawyer and then tell Northwynd to take a flying leap (possibly on the lawyers letterhead).
    This sounds like bully tactics on Northwynds part to scare people into giving them more money.

    Sue
     
  13. sad_world

    sad_world Guest

    Joined:
    Mar 15, 2017
    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Thank you Sue, it is always wise to take advice on the internet with a grain of salt. Half the people who go to WebMD with a case of the sniffles comes away convinced they have inoperable brain cancer.

    Again, my main concern is what exactly the summons is. Is it simply a bill for dues owed, that Norhtwynd is sending out through certified summons agents, so they can prove that people know they owe money? Or is it an actual summons to court. That's the piece of info I was hoping to get from, perhaps others here who have actually been served.

    The two points of stress here are - not knowing what the summons contains makes it difficult to consult with an attorney before my aunt is served. And the fact that my aunt's record keeping is so chaotic, I can't collate enough past information to provide an attorney so they have the full backstory.

    I will also contact the lawyer who handled the class action suit in order to see if my aunt had joined that back before she lost track of reality.

    I really appreciate everyone's input more than I can possibly express. This is the most horrific, Kafkaesque thing I have ever experienced within my extended family. Who would imagine that a friggin' timeshare company could inflict more terror in the hearts of such a large group of people than ISIS or the Mexican drug cartels.

    And again, if anyone has been served in the last week or so and has information on what the served papers contain, that would be very helpful. Feel free to message me directly if you don't want to discuss it publicly.
     
    Last edited: Aug 20, 2017
  14. servemeout

    servemeout Guest

    Joined:
    Jul 17, 2016
    Messages:
    15
    Likes Received:
    1
    Trophy Points:
    3
    Location:
    Edmonton
    After getting our last update (we are part of the rotten delinquent group), I did a few calculations. Keep in mind all of the communications that we have been sent by Northwynd. Renovation fees was for ALL units to be done. Northwynd wants to remove 138 units of 250 units. Here is the math: 138 units x $4,000 per unit x 50 weeks = $27,600,000. We made the correct decision not to pay. How long will the "resort" survive?

    On another note, we also purchased at LOR. On Good Friday the collection calls started from TCM for LOR fees. After exceeding the number allowed calls in a seven day period, I contacted Service Alberta. Presently there is a Director's Order issued by Service Alberta on June 21, 2017. The Order focused on TCM not being licensed in Alberta. There is no record that TCM filed an Appeal which should have been done by July 27/17. You have rights concerning collection agencies. The Act also allows you to demand an accounting of your account. Part of the accounting requires that they supply the name of the owner. The timeshare interests was not part of the initial sale of the LOR property. So much for the baloney that we were given that the Calgary office was collecting on behalf of the new owners. What a deal - collect the maintenance fees for LOR but do no maintenance. We were even offered that Northwhatever would forgive the interest if we paid by a certain date. The common theme is collect the money and do nothing. Collect money for Sunchaser, collect money for LOR and if you do not pay we will sue you for your first born. Personally go ahead and keep the first born, and I will not ask for a buy back residual at age 18.
     
  15. LifeIsNotAVideoGameWanker

    LifeIsNotAVideoGameWanker Guest

    Joined:
    Sep 13, 2017
    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    We were served in June with a notice of civil claim that outlines the plaintiff's arguments and what they are looking for as a resolution. We ignored it because the civil claim was filed in BC Supreme Court (because we don't reside in Alberta or BC apparently) over 1 year ago, so the civil claim was expired. Haven't heard anything since. If it was for BC supreme court, you can search their online database to see when the claim was filed at https://justice.gov.bc.ca/cso/esearch/civil/partySearch.do You can purchase a copy of the claim for $6.00. I think the other court have similar databases on the Internet.
     
  16. truthr

    truthr Guest

    Joined:
    May 30, 2013
    Messages:
    69
    Likes Received:
    0
    Trophy Points:
    6
    Location:
    British Columbia
    If anyone here is a client of the Geldert Law litigation group and not a member of the Facebook "secret" group and would like to join the group please send me a private message either here through this site or on Facebook (Truth Renaissance).
     

Share This Page