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

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

  1. truthr

    truthr Guest

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    Please take the time to participate in this survey.
     
    Broke Mama likes this.
  2. Petus@18

    Petus@18 Guest

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    Please note that the letter mentions that an appeal of Judge Young's decision was filed. Was the appeal done by Geldert or any of his hired group of dopes?. Does anyone has a copy or seen it? I understand Judge Young cannot submit her recommendations regarding interest and costs until this appeal is heard. My feeling is that Geldert/Northmont are using their scare tactics once again to make us pay their crazy settlement right away. Waiting for an appeal takes time, and they are making sure we don't have more time to think what to do next. Would this be right?
     
    dotbuhler, 4OnTheFloor and aden2 like this.
  3. Scammed!

    Scammed! Guest

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    I don't know how the law works. But with this public out cry and emails of truth out there, doesn't the Judge have to, or someone in office have to inform the Judge to appoint us all a public lawyer to represent us or someone to represent us? This would be regarding the issues she has not exhausted, like the interest rates and costs? It is no secret that all the officials have been notified that we do not have our lawyer representing us at this time. We have paid money to a lawyer and are out in the cold, and with everything that is happening to all of us this is so serious and the first to happen in Canadian History. We are under totally different circumstances here, as we are the first Canadian timeshare "OWNERS" (wrong) that are fighting for our rights and our lives. I challenge our ROCK to step up and break the rules. This coming from a citizen that broke all the rules banging on everyone's door including the Judge's....which we all know now is not the proper steps. But guess what... it sure as heck got everyone's attention...... Great job everyone getting the word out! Don't leave one stone uncovered, for under one of them is our Rock...
     
    dotbuhler, 4OnTheFloor and aden2 like this.
  4. CleoB

    CleoB Guest

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    Where did you get his warning from?
     
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  5. Punter

    Punter TUG Member

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    Because, our legal representation negotiated an “excellent settlement” that failed to recognize our rights on interest, costs, and NM’s neglect on contributing their proportionate share.

    Oh, and they didn’t run it by us prior to settling.
     
  6. CleoB

    CleoB Guest

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    Where do I find my Statement of Claim number?
     
  7. Hey lady

    Hey lady Guest

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    I believe MG said it was only for 2013.
     
  8. Scammed!

    Scammed! Guest

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    It could be way worse....we could be living in a third world country where there is misrepresentation, contracts changed without your knowledge, framed stating your someone your not, not being informed of what's really going on by your lawyer, told not to pay a fee you always paid faithfully! That's only to name a few nightmares! I can't imagine what that would be like........


    Responding to Punter's post
     
    Last edited: Jan 12, 2018 at 11:00 PM
  9. Hey lady

    Hey lady Guest

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    To find your Statement of Claim number check the document you were served from Sauvageau in 2014. It is the document stating the judgement against you in small claims court. If Sauvageau was unable to serve you, your notice of claim may be with Geldert.
    Without your Notice of Claim you do not know which court house to go to.
     
    Scammed! likes this.
  10. CleoB

    CleoB Guest

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    How are you going to prove fraud?
     
    dotbuhler likes this.
  11. Broke Mama

    Broke Mama Guest

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    Is this for the owners in the US too?
     
  12. Ultimate_Betrayal

    Ultimate_Betrayal Guest

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    I was just asked in a private message if this was a letter in jest or if this was actually something worth doing - sorry if I have caused some confusion.

    It is actually something worth doing sooner rather than later in your own way.

    Late this afternoon I contacted Judge Young's office to inquire about my own letter being received and learned that there is a meeting scheduled sometime next week with herself, Northmont, and Michael to discuss court costs. I am certain the topic of conversation will not be just procedural as according to her assistant Judge Young is not to happy with all the faxes she has received so the message is getting thru to her office something is very wrong.

    Right now Michael could be confident in the fact that he has your signed SIF form which can say is your consent and potentially will say it was never disputed by you especially now that all his clients have received all the information related to the settlement agreement.

    If he hears no one challenging the SIF they have signed he can twist this to mean acceptance of the negotiated settlement agreement in front of the Judge.

    The negotiated settlement document is a very restrictive document that has been very well crafted - from my initial interpretation my opinion is it will severely limit peoples legal rites and remedies in more ways that just a gag order in the future.

    Please take the time and email Michael to state your consent was coerced, your real instructions and that they were not followed, and that you have not provided your consented to the negotiated settlement agreement. I am not a lawyer but I think I have put everything in the initial post's letter to cover the bases but definitely open the floor for improvements.

    This correspondence can also be used as an opportunity to state to the Judge your instructions were not followed and you have not consented to the negotiated settlement agreement so the message does not get ignored.
     
    dotbuhler, KGB_527, den403 and 4 others like this.
  13. torqued

    torqued Guest

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    The settlement amount should not exceed 50% of our original lease amount. Period. We should not pay a dime until a forensic audit is performed. This should be ordered by judge young. NM can pay for the audit performed by a neutral third party.
     
    dotbuhler and aden2 like this.
  14. Inquiringmind

    Inquiringmind Guest

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  15. Inquiringmind

    Inquiringmind Guest

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    Great letter. We will write MG something along the same lines. Everybody should. Can we cc Judge Young. Does the fact that Jeke was overturned in the later cord have any consequence here.
     
    dotbuhler likes this.
  16. Hey lady

    Hey lady Guest

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    My lawyer asked me why I signed option 1 on the SIF, as it is binding. The reason is that Geldert said in private emails to myself and others that we
    I was personally served so I have my notice of claim, therefore I know the court house and the file number. Some people were not personally served, even in Canada, and I understand that Geldert may have accepted service on your behalf.
     
  17. aden2

    aden2 Guest

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    Booklet "Commencing a Claim in Provincial Court Civil page 12 dispute note filing "any claim you may have against the plaintiff if you feel that
    the plaintiff owes you money....... The judge will look at both claims at the same time and decide who owes money to whom."
     
    den403 and Petus@18 like this.
  18. greyskies

    greyskies Guest

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    So if we opted for option 1,there is no recourse?

    Sent from my ONEPLUS A3000 using Tapatalk
     
  19. Spark1

    Spark1 Guest

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    Why would anyone pay this extortion? We never finished the first case. What Northmont did is they highjacked the owners that have LEASE CONTRACTS which sows we are not responsible for Special Assessments! We also would never sign a Cancellation Agreement like theirs neither. This is what an agent said at Service Alberta said——-“you are not cancelled”. This is the e-mail I received from Michael Geldert on November 6/2017 and MLT AIKINS on page 2, item 3. This is David Wotherspoon’s interpretation of the Trustees rights and obligations. David is a very good Lawyer.
    - Item no.3, Northmont’s Unilateral Amendments to the VIAs are Unauthorized. Northmont has unilaterally imposed two seperate amendments of the VIAs: First of all they are amending not VIAs, Northmont is amending my Vacation Villa Lease.
    1/. An April 18/2016 Amendment to all VIAs entered into prior to January 1/2003 are to
    have the pre-2003 VIAs mirror the JEK VIA (The “2016 Amendment”) and
    2/. An April 10/2017 Amendment to all VIAs to insert a “Modification to Lands and Resort
    Development” provision allowing Northmont to unilaterally modify the “Lands and Resort
    Development” as it sees fit (The “2017 Amendment”), collectively, the “Unilateral
    Amendments”. This does not prove that Vacation Villa Leases a re r esponsible to pay
    “Special Assessments”. This is why we hired Michael Geldert. I had no idea this even
    happened and I first found out on November 06/2017. My contract when I put it close.
    to a mirror - mirrors itself. I have no idea what JEKs contract looks like and how it
    reads, an I am sure it mirrors itself. Then there’s Michael Geldert, yes he wanted out
    of this case but I do not like the idea that he became Northmont’s “Bill Collector”.
    What we have to do is look at the situation where it was when we hired Michael
    Geldert over 4 years ago. We can not include the illegal move that Northmont made
    with our Lease Contracts. That does not prove that at the time we hired Michael
    Geldert that our LEASE CONTRACTS stated that we had to pay “Special Assessments”.
    What Northmont is doing is manipulating the case and is changing the reason why we hired Michael Geldert, that was to protect our Lease Contract. That being said we have a “right-to-use” timeshare, which refers to a Lease-Like Agreement. In this type of timeshare your lease expires after a specified time and you have no Property Ownership therefore no rights in the Property. Without all Northmont’s distractions this is still what our case was all about. We should have never been pressured into paying this amount of money in this case, which is very easy to understand. Why did Northmont want this case to take so long, the answer is the huge bills they are sending out. We have to impress on SERVICE ALBERTA and the JUSTICE MINISTER that this is foul-play by Northmont and they still have not proven that Timeshare Owners of Vacation Villa Leases are required to pay “Special Assessments”. I feel that because of how they brought in the unilateral contracts before they could even prove our Lease Contracts included “Special Assessments”. This is Unauthorized!

    Bill 31, which was passed December 13/2017 states “A Better Deal For Consumers and Businesses. This amends the “Fair Trading ACT”. This bill prohibited Businesses from making
    “Unilateral Ammendments” to Contracts, unless the Consumer is provided advance notice and is given the right to cancel the Contract. Service Alberta is going to say NO, You can’t use this because we just passed the bill onDecember 13/2017. This does not matter. We are talking about JUSTICE here for thousands of Timeshare Leases that did not get Justice. Do not blame the Consumers of Timeshares, it is the RESPONSIBILTY OF “GOVERNMENTS”, to protect Consumers from “”SCAM,FRAUD, SENIORS ABUSE & WHITE COLLAR CRIME””. The door was left wide open for this new owner of Fairmont Resort Properties Ltd. to extort Consumers that bought a product that is legal to sell in Canada. Because of this, Northmont stands to make $200 Million after they extort all that money and sell off the buildings. Timeshare Owners are not criminals - we are consumers, and there was nothing wrong until Northmont came on the scene.
     
  20. Spark1

    Spark1 Guest

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    Every one should wait for a subpoena and go to the court house and fill out the paper at the court house and represent yourself. You have a right to do this and this will load the courts up for years.
     
    dotbuhler likes this.
  21. Hey lady

    Hey lady Guest

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    Geldert said it only applied in 2013, not today.
     
  22. Palms to pines

    Palms to pines Guest

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    I agree with you Spark 1 and I know you have devoted literally years to this and I sympathize so much. What has surprised me greatly is that no agency, no authority has stepped up to support us in this. As far as I can tell, only one young woman with her talk show. I have written many letters - nothing. We are hung out to dry. Wrong and right had no place in our legal system. Double speak, vague language, manipulation in court is what counted. I would have thought Canada was better than this. I was wrong.
     
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  23. Spark1

    Spark1 Guest

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    Absolutely it does. If this is true this means they can not try to mirror the 2003 and contracts prior to. That means the Vacation Villa Leases are not mirrored to JKEs Contract which was ridiculous. Is this for sure? How can we find this out. Is it true they are also adding on to the Timeshare owners that cancelled and also charging the Special Assessment. Can you copy this and put on Tug or Facebook. I will be working for weeks with the anti fraud division with the RCMP and it would be nice to also report this Thank you. We all have to get after the government they are the ones that created this by not having regulations in place what these New owners have to follow. We are not criminals because we bought a timeshare. They are part of the Canadian Consumer Handbook and we are consumers and do not be afraid of government and demand that you are looked after. They created this by leaving the door opened for these criminals to scam innocent Canadians and Americans for millions. The other product that the government should never allowed was the Legacy for Life. These type of timeshares are illegal in every country except for Canada. How could they sell this saying the buildings were in great shape and 3 years later start the Freedom to Choose. Buy the end of the day we will have sent out many documents and letters to the top government MPS and we start at 4:30 am. So get mad and do not let up with these governments.
     
  24. Tanny13

    Tanny13 Guest

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    For those still willing to fight, have a look at the last few years of financial statements from Northmont. There are huge amounts for legal fees. So legal fees are not only included in our maintenance fees, we are also paying our manager 15% of those legal fees, as a management fee. If any costs are to be paid out now, the amount should be deducted from what was included in the maintenance fees.
     
    LilMaggie and Notwhatweweresold like this.
  25. tswow

    tswow TUG Member

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    Re: Post #2940 (re: par.87), the full decision of Justice Young is posted on www.sunchaservillas.ca (Young, re Northmont Resort Properties Ltd. v. Reid – October 11, 2017 – PDF) together with one subsequent decision and six prior decisions.
     

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