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

[greyskies]

I am new to this forum and wish that I had found it a long time ago. I fired MG early this week but he still emailed me the settlement invoice on January 10th. Naturally for him, he then omitted sending me the January 11th email. is there a way that I can contact you to forward it to my email?

I'm assuming you plan to find another lawyer?

 

[Ultimate_Betrayal]

I have just received a warning!!

This potentially affects anyone who:

• are not paid to date on their Geldert retainers
• selected option 2
• parted ways with Geldert
• did not submit the SIF at all

Michael has initiated Withdrawal of Services on individual statement of claims as early as the beginning of December and is not properly notifying clients he has done so.

The individual reached out to the Edmonton Court House in order to start to put their own legal affairs in order and learned of this action.

Also missed in the filing was there was no Dispute Notice of Interest and Costs submitted which left the individual very financially vulnerable.

The paperwork filed was also done incorrectly so the address on record was not given correctly to be entered so anything being served to the individual would be going to the wrong place.

Document everything for your complaint to the Law Society. This is a clear violation of the Professional Code of Conduct.

This is very significant and had the individual not checked they may have never known about the filing and address error. As a result of not receiving this notice and it being filed improperly by Michael or his representatives from Strathcona Law Group they would not have received important documents related to their on-going legal matters with Northmont. In this case documents could have been filed such as a Judgement against them to allow Northmont to seek restitution without dispute and they would have never known.

If you have parted ways with Michael or he has parted ways with you, he should be notifying you as to the steps related to the Withdrawal of Service but you may want to check yourself with your local Court House where the Statement of Claim was filed to ensure your proper address is on file and to verify what has been filed.

 

[MgolferL]

I am new to this forum and wish that I had found it a long time ago. I fired MG early this week but he still emailed me the settlement invoice on January 10th. Naturally for him, he then omitted sending me the January 11th email. is there a way that I can contact you to forward it to my email?

I only received one on the 9th stating they would be sent out on the 10th, and then the one on the 10th with the statement. Didn't kbnow there was an 11th one?

 

[MgolferL]

I have just received a warning!!

This potentially affects anyone who:

• are not paid to date on their Geldert retainers
• selected option 2
• parted ways with Geldert
• did not submit the SIF at all

Michael has initiated Withdrawal of Services on individual statement of claims as early as the beginning of December and is not properly notifying clients he has done so.

The individual reached out to the Edmonton Court House in order to start to put their own legal affairs in order and learned of this action.

Also missed in the filing was there was no Dispute Notice of Interest and Costs submitted which left the individual very financially vulnerable.

The paperwork filed was also done incorrectly so the address on record was not given correctly to be entered so anything being served to the individual would be going to the wrong place.

Document everything for your complaint to the Law Society. This is a clear violation of the Professional Code of Conduct.

This is very significant and had the individual not checked they may have never known about the filing and address error. As a result of not receiving this notice and it being filed improperly by Michael or his representatives from Strathcona Law Group they would not have received important documents related to their on-going legal matters with Northmont. In this case documents could have been filed such as a Judgement against them to allow Northmont to seek restitution without dispute and they would have never known.

If you have parted ways with Michael or he has parted ways with you, he should be notifying you as to the steps related to the Withdrawal of Service but you may want to check yourself with your local Court House where the Statement of Claim was filed to ensure your proper address is on file and to verify what has been filed.

I assume that means going to the courthouse in person? Probably not something that can be done on the net?

 

[truthr]

I assume that means going to the courthouse in person? Probably not something that can be done on the net?

You can phone the court where your Statement of Claim was filed. Just say the word Northmont and then your Statement of Claim number.

 

[greyskies]

So what happens if you don't send the required documents to Geldert? It would be like before and NM would still come back to us for the statement balance? Could we negotiate this?

 

[RippedOff]

Did anyone get in touch with the other lawyer, Farrell? All this is above my expertise and would like it handled properly. Or did anyone find another lawyer? If so, what did they say?

 

[LilMaggie]

I would just like to speak to someone who understands that we are being required to pay for services (vacation weeks) that we have not been allowed to use for five years, being required to pay an inordinate amount of interest on unpaid fees (which we were advised not to pay by legal counsel) and that we have paid for poor guidance for all these years. We certainly all get it! Had MG said from the beginning that he thought it was best to suck it up and pay NM to get out when they originally offered a buy out, I likely would have paid the $4000ish and been done with this in 2013. If they offered the same now, I might take them up on it as the 5 year state of limbo is over and I am no longer inclined to blindly follow our legal advisement.

 

[melamike]

That is an awesome letter! As they say you took the words out of my mouth!!!

Well Done!!

 

[melamike]

An email update dated Feb 19th is also interesting.

Q: What is the worst case scenario for the JEKE v. Northmont test case?
A: Worst case scenario is that the court does not agreement that Northmont has fundamentally breached the JEKE timeshare agreements.

Q: How will this impact the litigation group?
A: Part of the reasoning in putting forward a test-case was to insulate the litigation group from a negative decision. There is no direct negative impact on the members of the litigation group, other than JEKE.

My question is how did we get from here to being guilty and in debt? This just adds more ammo for my update to the law society of BC

 

[MgolferL]

You can phone the court where your Statement of Claim was filed. Just say the word Northmont and then your Statement of Claim number.

I don't have any of that...have never received anything.

 

[heydynagirl]

I have just received a warning!!

This potentially affects anyone who:

• are not paid to date on their Geldert retainers
• selected option 2
• parted ways with Geldert
• did not submit the SIF at all

Michael has initiated Withdrawal of Services on individual statement of claims as early as the beginning of December and is not properly notifying clients he has done so.

The individual reached out to the Edmonton Court House in order to start to put their own legal affairs in order and learned of this action.

Also missed in the filing was there was no Dispute Notice of Interest and Costs submitted which left the individual very financially vulnerable.

The paperwork filed was also done incorrectly so the address on record was not given correctly to be entered so anything being served to the individual would be going to the wrong place.

Document everything for your complaint to the Law Society. This is a clear violation of the Professional Code of Conduct.

This is very significant and had the individual not checked they may have never known about the filing and address error. As a result of not receiving this notice and it being filed improperly by Michael or his representatives from Strathcona Law Group they would not have received important documents related to their on-going legal matters with Northmont. In this case documents could have been filed such as a Judgement against them to allow Northmont to seek restitution without dispute and they would have never known.

If you have parted ways with Michael or he has parted ways with you, he should be notifying you as to the steps related to the Withdrawal of Service but you may want to check yourself with your local Court House where the Statement of Claim was filed to ensure your proper address is on file and to verify what has been filed.

I contacted the Golden BC court @ 250-344-7581 where my initial NOTICE OF CIVIL CLAIM was filed in November 2014. Got voice mail. I did a search on line but couldn't find anything with my name and Northmonts name on it.

 

[NotWhatIPaidFor]

Ok posters, send Judge Young a fax reminding her of her ruling regarding interest and costs. Also, the fact that they are threatening an unknown penalty if we do not immediately accept their "deal" and thereby not allow her to hear us individually as she said in document below. Isn't that extortion??

Her fax number: 780 427 4348

Here is court document.


View attachment 5397

...in paragraph 87, just after your circle it discusses expired claims. Can someone help me with this? Something that NM would have had to address within a year but didn't?

 

[#deceived]

...in paragraph 87, just after your circle it discusses expired claims. Can someone help me with this? Something that NM would have had to address within a year but didn't?

Can you post the entire court document for us? Or where do we find it..? Thanks!

 

[NotWhatIPaidFor]

Can you post the entire court document for us? Or where do we find it..? Thanks!

If you drop down the post I quoted you should see "View attachment 5397" at the bottom. This works for me to bring up the image that Lily123 posted.

 

[NotWhatIPaidFor]

Did anyone get in touch with the other lawyer, Farrell? All this is above my expertise and would like it handled properly. Or did anyone find another lawyer? If so, what did they say?

I tried later this afternoon, left a message. Anyone who's talked with him, please give us an update.

 

[Lily123]

Can you post the entire court document for us? Or where do we find it..? Thanks!

You'll need to refer to the AB Decision PDF attachment from the email:
GELDERT LAW / re: update for October 30, 2017

 

[#deceived]

If you drop down the post I quoted you should see "View attachment 5397" at the bottom. This works for me to bring up the image that Lily123 posted.

Thanks.

 

[#deceived]

You'll need to refer to the AB Decision PDF attachment from the email:
GELDERT LAW / re: update for October 30, 2017

Thanks.

 

[#deceived]

Got info from previous post thx.

 

[NotWhatIPaidFor]

We need legal councel to be contacting Judge Young's office. As far as we know, that hasn't been successfully done by legal councel yet. Let's get some representation, let's get Judge young contacted and request determining the costs, interest and expired claims happen by the judge.

Also, if there's anyway we can have councel ask her about her comments on the FTA during proceedings, why she brought it up and why our group was not handled that way. Even if our lawyer didn't do the right thing and use the FTA for our defence, why wouldn't Justice Loo be forced to refer to this? It's absolutely relevant to our case, it's not evidence, it's the law of the land. The judge would know this, and if councel left it out altogether, a judge would be required to refer to it wouldn't they? It's the relevant law and that's part of the judge's job, isn't it? I would like to know legal opinions on this, and I would like to see several idependant opinions on this seeing as how we've had such poor legal info in the past.

 

[NotWhatIPaidFor]

Costs??

Ok, the interest needs to be determined, understood. The expired claims need to be ruled on....don't know what this is.

The costs, is it just the amount of the costs or the actual items that can be charged for that needs to still be determined? Is it definite that NM will charge for the RPF and a cancellation fee? Is it definite that we have to pay for past maintenance fees for weeks we weren't allowed to use?

 

[Spark1]

So are people sending to their own MLA/MP in AB? or to all MLAs/MPs?

I sent to them all.

 

[torqued]

Someone posted that KW said at trial if we were canceling we didn’t have to pay the special assessment? If he said that under oath then why are we???!!and please correct me if i misunderstood something

 

[truthr]

A member of our litigation group has put together a survey for those who wish to participate, here is the link

https://s.surveyplanet.com/B1wQpSUEf

Please take the time to participate in this survey.