# Wyndham lawsuit



## wyndhamrental (Oct 28, 2008)

FYI – Today I filed my 38 page, 192 point lawsuit against Wyndham.  Kendra


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## Bill4728 (Oct 28, 2008)

Good Luck against the giant.


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## CMF (Oct 28, 2008)

Would you care to share a copy of the complaint?

Charles


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## Tia (Oct 29, 2008)

There are no doubt plenty of people pulling for you, good luck and keep us updated.


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## wyndhamrental (Oct 29, 2008)

*copy of my lawsuit against Wyndham*

Thanks for everyone’s words of encouragement and support - they are greatly appreciated as I anticipate this to be a long and 'drawn out' fight.  One feels that one can only be 'pushed around' just so much and then you look for redress - regardless of how small one is or how large they are.  

I will not be posting my lawsuit but if anyone like me to email them a copy, please write me at wyndhamrental@yahoo.com and I will forward it to you.  Kendra


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## wyndhamrental (Nov 3, 2008)

Instead of thinking of this as ‘Kendra’s lawsuit’ how about discussing this as ‘a lawsuit against Wyndham VO that involves the loss of ALL owner rights and benefits that Kendra initiated’.   

As I’ve mentioned I don’t want to discuss the Particular Personal parts of my lawsuit but I would like to have a ‘dialog’ as to what issues of a Collective nature can I incorporate into my Personal lawsuit that can benefit ALL of us.  Kendra


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## RichM (Nov 4, 2008)

Is the lawsuit in state or federal court.  If federal, which district?


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## wyndhamrental (Nov 4, 2008)

I filed it in El Paso County, Colorado Springs, CO and it is going to be heard by Judge Thomas Kane of the third district.  Kendra




RichM said:


> Is the lawsuit in state or federal court.  If federal, which district?
> 
> 
> ___________________
> ...


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## wyndhamrental (Nov 4, 2008)

Below is a Glenn Benscoter's response on the Forums to my posting and below that is my reply.  I hope this clarifies what I am asking/offering.  Kendra

*Kendra*,  I do not know law but this is your law suite. It is not a class action. What you gain to benefit could be applied to only you, I think as that is the only party involved. I would think you would not be allowed to drag others greivences into your suite without them being a party to your suite.

Also remember that Wyndham watchs these boards and what the pick up here can probably only hurt you or not be used by you. 

I am not sure of any of this and does not seem like it belongs on here.  Glenn Benscoter




*Glenn *– Thank you so much for writing and expressing your concern.  I understand exactly what you are saying and probably have not explained myself very clearly.  Allow me to clarify - I realize that the Personal Aspects of my lawsuit are mine, mine alone and only effect ME (the What, When and How of it) and *ARE NOT* a topic of discussion online.  

BUT many of the REASONS as to *WHY* (and some *HOW*) what Wyndham is doing to me are much more general and effect *ALL* of us.  Because I will be calling Wyndham onto the witness stand, WE AS OWNERS COLLECTIVELY (through me personally), will have the opportunity to ask them questions that they will have to answer.  I would write some specific questions to show you what I mean but I don’t want to ‘tip my hand to Wyndham’ (as you wrote – ‘remember that Wyndham watches these boards’).  And I don’t mind in the least that they know that I am ‘calling for questions from owners’ – let them wonder what owners want to ask in court where they will be legally bound to give answers.

Further – *I AM NOT *interested in ‘dragging others’ into my lawsuit with anything in particular that he/she/they might have against Wyndham BUT I am interested in learning of ‘specifically worded questions’ about loss of benefits, EH, change of ‘policy’, etc. that I can ask Wyndham that they must answer.  *PLEASE* – do not post these questions or ‘discuss specific issues’ with me online but email me at wyndhamrental@yahoo.com.

I hope this clarifies my position and what I am asking – or, more importantly, am offering – a legal forum with Wyndham to make them answer questions that are of concern to us and, dare I hope, to make them accountable for their actions against owners.  

AGAIN – please don’t think of this as “Kendra’s Personal Lawsuit”, think of this as an opportunity to legally force Wyndham to answer some of our questions and address many of our concerns.  Kendra


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## GeNioS (Nov 5, 2008)

You know.....that's the first thing I thought when I read on here about you going to court wth them....once you're in that world, that is absolutely the time to ask questions.  If someone wants to know when one of the board of directors goes to the bathroom, now would be the time to ask.

If it were a different timeshare company or a certain exchange company, I'd have a list of questions from 1 to 100 by highest priority.  Alas, wrong companies for me.....but again, kudos to you and good luck.


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## wyndhamrental (Dec 6, 2008)

*Updating on my lawsuit against Wyndham VO*

*UPDATING *on my lawsuit against Wyndham.  My case has been moved from District Court in Colorado Springs, CO to Federal Court in Denver, CO.  On Thurs, Dec. 4 I received Wydham's "Answer and Counterclaims" to my Complaint.  Their reply to all 192 of my 'points' was "Defendants are without knowledge or information sufficient to form a belief about the truth of the allegation in #X of Plaintiff's Complaint and, therefore, deny the same."  A routine and standard reply.

Following is part of my reply to opposing counsel – “Hi Larry – I’ve read your Answer and Counterclaim to my Complaint and thought your comment about denying my requests because I have ‘unclean hands’ was most unkind.  It is true that I don’t shower everyday but I do ‘wash up’ (as my Daddy used to say) and my hands don’t get that dirty since I’m on the computer most of the time.  And what does it matter to the courts anyway?  How would you like it if I asked it/them to deny your request to deny my requests because your feet stink?

Just kidding – but I had to read it twice (laughing both times) and ask some friends what it meant.  Hope you will receive the above in the good humor with which it was intended.” 

I meet on Dec. 12 with opposing counsel (Larry) to prepare a "Scheduling Order" that we will submit to the courts.  Our first scheduled court appearance will be on Jan. 23 at 9am for a "Scheduling Conference".

Many people have emailed me at wyndhamrental@yahoo.com to express concern and support in my struggle, to ask for a copy of my Complaint and/or to offer questions to ask.  The saddest, however, are the many emails I have received from Wyndham owners who regret their developer purchases and are hopeful that there is something I can do or say to help them.

Thanks for your continuing support and encouragement - Kendra


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## Bill4728 (Dec 8, 2008)

wyndhamrental said:


> On Thurs, Dec. 4 I received Wydham's "Answer and Counterclaims" to my Complaint.  Their reply to all 192 of my 'points' was "Defendants are without knowledge or information sufficient to form a belief about the truth of the allegation in #X of Plaintiff's Complaint and, therefore, deny the same."  A routine and standard reply.
> 
> 
> ...
> ...


If they don't have sufficient information to form a belief about the allegation then how can they say "therefore, deny the same"


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## bnoble (Dec 8, 2008)

I think it amounts to: "Says you.  Prove it."


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## jdb0822 (Dec 9, 2008)

obviously their tactic would be to drag it out as long as possible in hopes that you would just drop it


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## Timeshare Von (Dec 9, 2008)

jdb0822 said:


> obviously their tactic would be to drag it out as long as possible in hopes that you would just drop it



. . . or run out of money fighting them.


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## wyndhamrental (Dec 9, 2008)

It isn't costing me very much to fight Wyndham (only court costs) as I am pro se (as in doing it myself [no attorney]) - while they have hired a law firm in Denver that is not on their 'normal payroll' and will, probably, try to 'suck them dry' for/to their own benefit.  

As to the time - I have all the time in the world (or until I drop dead, which they are probably hoping will happen) and I can wait them out.  I expect it might take a couple of years but, in the end, it will probably cost them that much more.  

Thanks for all your kind words and support.  I will keep you posted.  If anyone wants to write me - wyndhamrental@yahoo.com.  Kendra


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## Manka (Dec 11, 2008)

Good luck!  I've been had too... sad but true and here I am holding the empty sack.


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## waldvogelmj (Dec 12, 2008)

I'm new to this forum.  What are you suing them for?  What did they do?  I'm thinking about buying and curious what I should look out for.


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## garmich (Dec 12, 2008)

waldvogelmj said:


> I'm new to this forum.  What are you suing them for?  What did they do?  I'm thinking about buying and curious what I should look out for.



If you right-click on the poster's username (Wyndhamrental), and then "Open in New Tab", you can view the poster's profile.  Go down to "Forum Info", and you can click on "Find all threads started by wyndhamrental" or "Find all posts by Wyndhamrental".  You can see all the posts related to the "lawsuit".

Gary


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## wyndhamrental (Dec 12, 2008)

waldvogelmj said:


> I'm new to this forum.  What are you suing them for?  What did they do?  I'm thinking about buying and curious what I should look out for.



If you will email me at wyndhamrental@yahoo.com and request a copy of my complaint, Wyndham's answer and counterclaim and my answer to their answer and counterclaim and summary statement - I will be more than happy to email everything to you.

I am surprised at how many requests I have had - and how many 'horror stories' I've read.  I only wish I could help everybody who is requesting assistance but the best I can do is to direct them to the websites I've posted below.  Kendra

http://forums.atozed.com/index.php
http://www.tugbbs.com/forums/forumd...rune=-1&order=desc&sort=lastpost&pp=25&page=1

http://groups.yahoo.com/group/Fairfield_timeshare/

http://groups.yahoo.com/group/Wyndham_Fairfield_Timeshare_Owners


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