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

[TS Migraine]

I reported a while back that I knew a CA who knew/had worked with Kirk Wankel. What I have learned is that he was a few years her senior, so he is now ~early 40's, and at that time he worked with the now defunct Arthur Anderson (remember Enron???). She reported that he was a very smart fellow, but completely lacked social graces ( maybe too much time infront of those WOW video games) so he was privately labelled by co-workers as a moron which evolved into Oxy - Moron as he was working onthe Can-Oxy deal ;-). Her advice was that despite his lack of social graces, he was a very bright CA, and she wouldn't want to mess with him as he would be capable of a serious fight. I say, we need legal counsel.

 

[Judythreetimes]

Further more, signing ANY agreements, Stay- Go - or Otherwise, designed by Northwynd at this time to SERVE ONLY THEIR SURVIVAL and Financial obligations puts you at risk of future legal battles. When you first decided to buy a TS, you weighed that decision carefully, and probably asked yourself all the necessary security of investment decisions. Being coerced into "just being done with it" or "saving your resort so you don't lose your original investment" may not be as rational a decision, and you DONT want to threaten the legal precedent set by your original TS contract/purchase. $500.00 to retain a lawyer may sound like a lot of money, especially when we are all suspicious of the fees chargd by lawyers, but it may be false economy in this case, based on Northwynds past resort shenanigans, to NOT have Legal Counsel.

Amen to that.

 

[Maritimer]

I reported a while back that I knew a CA who knew/had worked with Kirk Wankel. What I have learned is that he was a few years her senior, so he is now ~early 40's, and at that time he worked with the now defunct Arthur Anderson (remember Enron???). She reported that he was a very smart fellow, but completely lacked social graces ( maybe too much time infront of those WOW video games) so he was privately labelled by co-workers as a moron which evolved into Oxy - Moron as he was working onthe Can-Oxy deal ;-). Her advice was that despite his lack of social graces, he was a very bright CA, and she wouldn't want to mess with him as he would be capable of a serious fight. I say, we need legal counsel.

This character assassination is unfortunate. Perhaps the reality is that Mr. Wankel is on everyone's side and working towards a win-win solution to this difficult situation we are all in.

 

[Judythreetimes]

This character assassination is unfortunate. Perhaps the reality is that Mr. Wankel is on everyone's side and working towards a win-win solution to this difficult situation we are all in.

I would like to see proof of that statement. With his past history, and his connections to everyone involved in this from the 2009, I highly doubt it.

 

[DarkLord]

Her advice was that despite his lack of social graces, he was a very bright CA, and she wouldn't want to mess with him as he would be capable of a serious fight. I say, we need legal counsel.

Beg to differ. Everyone in town with half a brain knows Oil and Gas is where the money is.

Who in Calgary in their right mind think that I'm gonna spend a few years in University, study hard and work like a grunt for a few years to become a CA so that I can go work for a TIMESHARE company?

Wankel moves from one bankrupted company to another and he might carry a nice title at Northwynd (CFO or whatever) but he's just a salary employee. I bet he doesn't make anymore money than a mid level big Oil and Gas employee probably with less benefit. The gist of my response is that knowing what the Calgary job market is like, no one working at a Oil and Gas comapny would swap jobs with Mr. Wankel.

In fact and I know I'm being presumptuous here, no one choose to work for a TIMESHARE company by choice. When I shortlist people to interview, I'll go with the one with O&G experience first, then experience with major companies (Telus, Shaw, ATCO etc) or professional corporation (KPMG, E&Y etc). I have never seen a resume the candidate has experience with a TIMESHARE company and I surely won't put it very high on the list.

Unless Calgary transforms from an O&G town into a tourism mecca, TIMESHARE company work experience will not be in demand in this town. I really feel sorry for Mr. Wankel to have to work for a company that relies on hoodwinking investors or timeshare owners to survive like Northwynd

 

[TS Migraine]

From what I gather those who choose to stay and pay have agreed to whatever Northwynd wants to do (re: the petition before the court). They may think they have just chosen to pay the "one time fee" but they have also agreed to that and everything else; thereby giving Northwynd the very power they want. That is why choosing the Stay or Go was not really much different - price tag (basically the same); signing rights over to Northwynd to do what they want (basically the same).

A win/win for Northwynd no mater which way you sign and pay; unless of course you don't sign and pay; then the threat of DEFAULT and collections. Not a valid contract IMO.

Also regarding the resell of the "opt out", from what I have read they will not be reselling just having the titles transferred over to who??? Well Northwynd/Northmount; so in reality who ever opt outs is paying for Northwynd/Northmount to gain more assets/power over whomever is left.

Not very fair practice as far as I am concerned.

Based on the demands and information we have been given to date by Northwynd, I think Truthr has summed up the situation acurately by identifying it is a Win Win for Northwynd, not the TS owners. Have you read the Affidavits submitted to the BC Court by Kirk Wankel on the Sunchaser site that form the basis of the Freedom to Choose Letter? Are you aware that Rancho Banderas Resort in Mexico precedes us down this FRPL imposed path with Mr.Wankel at the CA helm? As for character assasination, I am only reporting what his fellow CA's observed based on interaction with him in his role in the AA work world. Making note that he is a very bright CA is hardly character assasination, but it does alert us to the degree of intelligence we need to defend ourselves against when it is evident Mr. Wankel does not have the best interests of the TS owners in mind with his Affidavit imposed Stay or Go payment demands.

 

[fairmontlvr]

Developer vs Timeshare Manager

I think a lot of people on here are failing to see the business side of things.

How did Fairmont Resort Properties prosper to where they were? It was the vision to become big, and bigger and biggest. The money and margins are not in managing a complex, the money and margins are in growth and sales of timeshares. Or coming up with schemes for the existing owners to squeeze more money out of them.

They sold timeshares to people promising them a holiday opportunity at a fraction of a cost of ownership. The profits and margins were great as long as they could continue selling to these people. Hmmm how can we squeeze a few extra dollars out of these people? How about sign them up to something called a Platinum Club, and let them think they are getting preferential treatment and can book resorts or houseboats within the Fairmont chain without having to use II.

How does Fairmont Resort Properties continue to make money as the timeshares fill in? How about something called a management fee, sure that is it, a management fee of 15% of all the Maintenance fees collected, skim this off the top, great idea!

Next, as the property is filling in, the potential buyers are drying up, the realization that the Riverview project, although fresh and new, is quite the distance from the Rec center and the waterpark/slides up at Hillside and people are not really buying into the new Riverview project, guess we scrap the idea of another Riverview building as initially planned.

How about set up another company called FRPL Finance, we will use our collateral in our property thus far to obtain additional funds to continue our growth and develop other projects in Mexico, Hawaii, Belize and so on, we will grow and grow, because there is little money in managing a resort we want more money and the money is in the growth of other resorts. Darn the banks will not loan us money on our collateral, because we are committed to our owners that they have the right to use these places and the banks don't want to end up owning a timeshare resort. How about offer large rate of return to investors?

Things begin to turn, the economy drops, how do we now get more money? Wait, how about changing the idea of the 40 year leases to something called perpetual ownership, we will call it Legacy for Life, we will switch them over to RCI and use the point system to win them over. Great, another $5k to $8K from these people.

Things are not going according to plan, we cant pay our bills, or pay those creditors which just happen to be many of the original owners of FRP, lets declare bankrupcy, no assets, and change company names and have a plan in place to try and get our money back. Lets call it Northwynd.

Oh oh, we have raised the maintenance fees too high, people are bailing, they are realizing that the economics of owning are not as rosy as when we first hooked them. People are not paying their maintenance fees, people are dumping them on ebay for $1. What are we going to do? Hey wait a minute how about a scheme to charge them a one time fee, promising to renovate some of the units, and for those that want out, well heck lets just charge them also to get out. One way or another we will get more money. If we have to drop half our inventory, so be it, but perhaps with the inventory we drop, we can sell these units, or maybe level some of them and build new and start all over again. Afterall, that is where the money is.

You see, it is a business, Fairmont Reosrt Properties or Northwynd are trying to do nothing more than any other business, and that is to make money. As much money as possible. Somehow, I do think the majority of people have caught on to their scheme, and are seeing through them for what they truly are.
Greed is fine but you have to keep the tribe happy. I think this tribe of owners has spoken and you are seeing the results.

 

[mmchili]

** ATTENTION ALL MOUNTAINSIDE OWNERS**
If you own a timeshare lease with Mountainside Villas
and also own Riverside, Hillside or Riverview… could you please email
ering@mountainsidevillas.com. We wish to make sure all owners
are dually noted to use our Recreation Center regardless of where
you are spending your vacation week.

 

[heydynagirl]

Reply to II continuing membership

I spoke with Interval last week and they indicated that as long as you have a membership, if I dumped my T/S I could still buy getaways. Of course I would have nothing to exchange anymore, but at least I can purchase getaways.

Reportively RCI and INTERVAL INTERNATIONAL has confirmed with a few inquiring Sunchaser members that if you have a current membership with either of them and you continue to pay your yearly membership fees to RCI or II you will be able to book getaways and discounted hotels as long as you membership fees are up to date.....this will reportively continue even if you no longer own a time share.

Has anyone else heard this?

Update:

Now reportively RCI aren't sure of what will happen

Best to call for yourself !

 

[Undecided62]

Developer vs timeshare manager

Fairmontlvr your last post hit the nail on the head! I've seen different schemes to try and squeeze money from us and I won't stand for threats or intimidation. Too bad my tourist dollars won't be spent in Fairmont anymore.

 

[Bracken]

We paid

We decided to pay the "opt out" fee. Interestinly, they have not cashed our cheque. My three sisters have also sent cheques that have not been cashed. Has this been the case with anyone else?

 

[gnorth16]

We decided to pay the "opt out" fee. Interestinly, they have not cashed our cheque. My three sisters have also sent cheques that have not been cashed. Has this been the case with anyone else?

Perhaps they are not allowed to cash the cheques until after the upcoming court date/decision....

 

[TS Migraine]

Bracken, you and your sisters could stop payment on your cheque, and sign up with a law firm, or there is still time for you to file form 67 on your own to the BC Court. Perhaps the Northwynd people have realized that when the BC court rules they have NO right to demand money to "opt out" that they will have to pay your money back anyway. I would be worried however, that they may not repay you voluntarily, if by signing the Freedom to Choose papers they believe they now have some right to your cash, and they cash your cheque before the Court rules.

 

[fairmontlvr]

Fairmontlvr your last post hit the nail on the head! I've seen different schemes to try and squeeze money from us and I won't stand for threats or intimidation. Too bad my tourist dollars won't be spent in Fairmont anymore.

We still love Fairmont, the area, the merchants, the mountains and hope this thing settles out favourably so that we can continue many more holidays in the Fairmont area in the future.

Please, for the sake of all of the honest, reputable businesses and their employees in the area try not to think that one bad apple will ruin the bunch.

There are plenty of other options and even other reputable timeshare properties, fractional ownership properties, hotels, and rental properties in the area to choose from.

 

[RandRseeker]

We decided to pay the "opt out" fee. Interestinly, they have not cashed our cheque. My three sisters have also sent cheques that have not been cashed. Has this been the case with anyone else?

Same here - my cheque has not been cashed.

 

[TSBS]

I have learned a lot from reading this thread, researching Kirk Wankel and joining the page on Facebook. When my husband and I received the Reasons to Stay pkg, we read over it with a finetoothed comb and came to the conclusion that it would be unwise to send ANY more money to Northwynd until the court hearing decides on the legality of their requests. I think they are using scare tactics and intimidation to convince people that they will affect their credit rating if they don't pay either the stay or go fees. Chances are good that they have planned bankruptcy as a way out of this and if so, are not going to pursue the credit collections route. Even if they do, it can be challenged. I have not signed up for any lawyers at this point because I feel a judgement will affect all owners not just those who sought legal action, and prefer to keep my money in my pocket. I have already spent/lost enough money to this "investment" and don't plan to pay another nickel. I will follow the developments as they unfold, and think it is unfortunate that as BIG business, Fairmont has decided to abuse the owners/leases in this way. It is unfortunately a sign of what the world has come to with Narcissists and Antisocials coming up with ways to scam money from working people who want nothing more than an affordable vacation.
We have only been able to use our biennial week ONCE, because right after we bought it, our first week should have been prebooked, but the salesman did not tell us this and when we tried to book we were told it was too late and they were full. We only wanted the week in February that my son has off for reading week, and this is also Family Day week so very popular with Alberta timeshare owners. We did not qualify to use our week again until 2011, and booked that well in advance. This year the Maintenance fees had jumped to what a week in a cheap hotel would cost, so we chose not to pay MF either, and shortly afterward the Stay or Go pkg arrived, making me very happy that Northwynd did not receive any more money from me. I have cancelled the auto payments for our TS, so Northwynd will have to go to collections to get anything, and then I wish them luck.

Interesting to learn that I can still book getaways thru Interval, I may try to find out more about that, as that is one reason why we bought in in the first place and haven't taken advantage of thus far. We had the 2009 RCI conversion scam pulled on us last time we stayed, but didn't go for it as they wanted an additional $6000 up front. We didn't have it, and felt it was shifty. Glad now we were smart.

I am sorry for all the people that are affected by this.

 

[Hey lady]

Interval/RCI membership

As long as you pay your membership fees to II or RCI you can book getaways, etc. Since Northwynd increased the annual maintenance fees by 30% recently it is cheaper to book a getaway and less stressful than trying to exchange. It's also possible to buy a membership without owning "time". At a timeshare presentation in Mexico we were offered a membership in Interval Platinum Club for $1500 after we said no to the timeshare purchase. It's a great deal for anyone who has no "time ownership".
Now that a bunch of people are alerting II and RCI about the current situation with Sunchasers - it might change!

 

[Hey lady]

I spoke with Interval last week and they indicated that as long as you have a membership, if I dumped my T/S I could still buy getaways. Of course I would have nothing to exchange anymore, but at least I can purchase getaways.

Yes, you can have an II membership without owing "time". Nothing wrong with booking getaways.

 

[Chilliaces]

Fairmontlvr, I love your post. It is right on the money.

Not only should everyone NOT PAY, let them come after us. With the number of people wanting out, they would go broke coming after us.

Between my father, brother and myself, we have 4 annuals and 2 biennials. If you take into account all the maintenance fees we pay annually, never mind the fortune they want to either stay or go, we can rent a very nice house in the Columbia Valley off VRBO to rent, and there are lots of them, and for several weeks a year if we chose, and still be farther ahead.....and that is the plan. We have enjoyed coming to Fairmont for years and will still come to the area, just stay someplace else.

Stay the course people. Lets take these crooks down.

 

[fairmontlvr]

Fairmontlvr, I love your post. It is right on the money.

Not only should everyone NOT PAY, let them come after us. With the number of people wanting out, they would go broke coming after us.

Between my father, brother and myself, we have 4 annuals and 2 biennials. If you take into account all the maintenance fees we pay annually, never mind the fortune they want to either stay or go, we can rent a very nice house in the Columbia Valley off VRBO to rent, and there are lots of them, and for several weeks a year if we chose, and still be farther ahead.....and that is the plan. We have enjoyed coming to Fairmont for years and will still come to the area, just stay someplace else.

Stay the course people. Lets take these crooks down.

Chilli aces, I am not advocating that everyone give up and not pay, I agree don't pay for this renovation plan nor should anyone have to pay to walk away. Let this go through the courts for interpretation. In fact although the more I research the history about this company, the more I see their motif behind their actions.....$$$$$$$...., I truly believe there are a number of us owners that want to continue to enjoy going to Fairmont, but want to be treated with respect as owners of our time we are entitled to and not treated as a source of additional funds to get Northwynd and their investors out of their financial mess.

Perhaps we can turn this forum around and offer solutions and suggestions as to how to make the most out of our situation. I am sure Northwynd is monitoring these posts as well as the overwhelming public relations nightmare through all of the negative feedback and publicity through the media.

I am sure they are just as anxious as we are to hear the results of the hearing. This might be tied up in the courts for some time now as the hearing at the end of June is only to determine a end date for us as owners to be able to submit form 67's to the court. Once this is done, I am sure it will be months for the judge to review and make a decision.

I think Northwynd is in quite the dilemma no matter what the ruling is. They have opened themselves up to many potential lawsuits for their actions and decisions. Not only that, but the negative media and public relations nightmare they have created.....they have lost any sense of trust.

So how can they save face? Ideas, suggestions?

Here are mine:

1. Admit that this may have not been the best plan, save face and ask for input from their members for solutions.

2. Acknowledge that maintenance fees are high, and that as a result, many owners are selling their timeshares causing a greater supply of units compared to demand.

3. Look at removing some of the units from the inventory to accommodate the excess inventory, thus reducing the number of units requiring upgrades and maintenance. Perhaps offer some of these units for sell, certainly there still is value in these buildings and also the prime land they sit on. Maybe a fractional ownership program.

4. Develop a long term plan to slowly repair and upgrade these units based on using a reserve fund from the existing maintenance fees.

5. Consider splitting the inventory into two categories of inventory. One for those that are happy with the existing condition of the inventory and have them contribute the maintenance fees as they are now. Upgrade other units buildings with more modern features and furniture and charge those that want and desire these upgrades a renovation fee. I think this two class system previously existed, those that bought into the Riverview project could stay at Riverview or at the other units but those that bought into Riverside or Hillview could not stay at the more modern Riverview units.

These are a few suggestions of how Northwynd can save face as I am sure there are many of the 14,000 owners that want to continue to use their weeks at Fairmont and want to salvage the value of their initial investment.

Any other ideas for Northwynd?

 

[Judythreetimes]

This excerpt is taken from the side link to the Calgary Investment Opportunity MEMORANDUM of the above noted website by Beaverjfw: It apears promises of financial return on FRPL made February 24, 2010 were questionable at best, and there was investor/insider information that wasn't allowed to be leaked:
"Nothing contained in the Memorandum shall be relied
upon as a representation or promise of the past or future performance of FRP.
Any estimates or projections contained herein have been prepared by FRP and are based on information
currently available. They involve signifi cant subjective judgments and analyses and, accordingly, no representation
or assurance is made as to their attainability by FRP or FRPL. Actual results will differ from
any estimates or projections made and the differences may be substantial.
Recipients of this Memorandum agree that fi nancial and other information contained herein is of a confi
dential nature: i.e., they will not, directly or indirectly, disclose or permit their agents, representatives,
employees, offi cers, directors or affi liates to disclose any of this information and they will use the Memorandum
and any related information only to evaluate a potential fi nancing by FRPL of the properties of
FRP and for no other purpose.
If a recipient of this Memorandum or the shareholders of FRP or FRPL choose not to pursue a transaction,
the Memorandum and any other related material must be returned to FRPL. The Memorandum
recipient may retain no copies.
All questions about this investment opportunity should be directed to:
Mr. Ed Nycholat, CA
Manager of Operations
FRPL Finance Ltd.
Suite B, 220 - 42nd Ave SE
Calgary, Alberta T2G 1Y4
(403) 451-1161
edn@frplfi nance.com
Mr. Rex Schinnour
Sales Director
FRPL Finance Ltd.
Suite B, 220 - 42nd Ave SE
Calgary, Alberta T2G 1Y4
(403) 451-1166
rex@frplfi nance.com

People should read that whole thing and note the names mentioned. I just did. Where is Ed?

 

[Joffer13]

We are in if there is a class action lawsuit.

We just found this site tonight. How do we get in on a class action suit, if there is one? We paid the ransom to get out, because we felt like we couldn't trust this company anymore and we were scared of how much more it might end up costing us in the future We bought our timeshare 11 years ago as an investment in our families 'holiday' future. We feel like we got 29 years of vacation stolen from us. One small consolation is finding this site, with all these owners, makes us feel better, like we aren't alone in this situation anymore.

 

[TS Migraine]

Bracken, you and your sisters could stop payment on your cheque, and sign up with a law firm, or there is still time for you to file form 67 on your own to the BC Court. Perhaps the Northwynd people have realized that when the BC court rules they have NO right to demand money to "opt out" that they will have to pay your money back anyway. I would be worried however, that they may not repay you voluntarily, if by signing the Freedom to Choose papers they believe they now have some right to your cash, and they cash your cheque before the Court rules.

The Class Action Firm is Docken Klym in Calgary and you can contact Robert Forsyth via email to receive the retainer and other necessary information. I believe his email is: robert@docken.com and the phone number is 403-269-3612. If you want support in your decision to challenge what you have paid under duress-keep reading this site. I found TUG back on page 14, and it is like finding shelter in a storm- keep reading- these TUG people know their stuff.

 

[TS Migraine]

Judythreetimes, check the Sunchaser Lawsuit FB site. Ed has been found. There are super sleuths at work there on our behalf too. ;-)

 

[Spark1]

Northwynd Survey

A June 11, 2013 CBC article on Sunchaser includes the comments: "Meanwhile, the resort said it has heard directly from roughly 6000 owners,and a large majority favour the renovation plan. Chris Bryant is among them. I have seen the engineering reports on the repairs and i agree to the assessment, though i had a tough time sending that check in last month", Bryant wrote in an e-mail.
You should understand that Chris Bryant is one of the timeshare owners who is also an investor in the Northwynd REIT-the group that actually owns the residual interest in the resort. This renovation project and the petition to the court is all about trying to hold the timeshare owners responsible for upgrades to the Resort-and those costs would normally fall on the REIT as the residual owner.
I expect Northwynd will use this claim in the upcoming court-that most owners agree with and support the renovation plan. I would like to counter their argument by asking owners to complete a brief on-line survey that another hard working timeshare owner has prepared. This survey will also collect statistics on the number of owners that have paid the cancellation fee. Note that the survey includes a request to enter your email address in a format that prevents hacking by spammers.
link to survey: https://www.surveymonkey.com/s/SunchaserTimeshare