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

[Scammed!]

Fifth Estate Fax: (416) 205-6668............. Market Place -marketplace@cbc.ca...........................60 minutes - 60m@cbsnews.com.

Get up and dust yourself off....we have work to do.

 

[LilMaggie]

Fifth Estate Fax: (416) 205-6668............. Market Place -marketplace@cbc.ca...........................60 minutes - 60m@cbsnews.com.

Get up and dust yourself off....we have work to do.

Cool! Thanks for the contact information.

 

[Spark1]

Over the years we have been instructed by MG to not talk amongst ourselves because there were spies. The latest correspondence that some of us have received from MG is attempting to reinforce that.

So just so we all understand.
It is okay for NM to extort money from us and threaten us with the assistance of our lawyer but it is not okay for us to talk about it.
There is a word for that - bullying.
And to add insult to injury our lawyer not only goes along with this rather than stand up to the bully, he endorses this behaviour - now who is complicit in what?

Have I got this right?? If not could someone please enlighten me.

You are right

 

[Petus@18]

The hearing for cost and interest is only for those who are NOT in the settlement. I believe most of those are taking their chances and staying on with the resort, and fighting. Perhaps we will end up paying less, perhaps not. The settlement agreement will not change based on Judge Young's decision regarding interest and costs. The amount in your settlement is what you owe, and must be paid by the due date, or Northmont has a judgement against you for an even higher amount (162%). Unfortunately, that's the case if you signed the settlement agreement.

You know that you still have the right to refuse to sign the bloody settlement and go to court and defend yourself.

Remember, you will not be alone! there are many of us that opted out. We just need to be prepared and plan what are we going to say. It is frightening but what else is there for us. Maybe Judge Young will realize that these delinquents along with their Bill Collector aka D..b A.s, orchestrating this malicious scam against all of us a long time ago and, if God help us, she could be more sympathetic to our individual case. Who knows we may even be granted a monthly payment plan option!!

You know that the power of prayer together is very strong. Together, we are strengthened and blessed.

 

[Rider Nation Rocks]

Can someone direct me to a copy of schedule A from the debt claim proceedings in BC. It seems to be with the other things my BC attorney failed to provide during this never ending debacle. Just curious if we made the naughty list. I have seen the decisions that continually reference Schedule A but don't include it as an attachment. Thanks in advance.

 

[greyskies]

I wouldn't pay it until Judge Young has ruled on costs and interest. It may be reduced even more if she rules in our favour.

Do we have any idea when that will be?

Sent from my ONEPLUS A3000 using Tapatalk

 

[Punter]

[QUOTE=" Oh ya.........its not a 5 star resort anymore!!![/QUOTE]

#NAFR

 

[aden2]

The information that I have regarding this Legacy for Life, was approximately $23 million was raised..

March 30, 2009 Fairmont was granted creditor protection and June 10, 2010 Fairmont became insolvent. I was contacted

August 10, 2009 and again November 29, 2010 here in Edmonton. The presentations were a slide show and high pressure sales

pitch. The sales people bragged about a five star resort. I did not find out until May 2013 that the Legacy for Life was a scam.

I bought an odd and even year.. In reference to 2010 June 10th Fairmont became insolvent (company is gone) I was contacted

Nov 29th, 2010 and was told I only bought an odd year thus went through the same thing again.

Please note that this was Nov 29th, 2010 and Fairmont became insolvent June 10th, 2010. I have a contract dated Nov 29, 2010

and on Fairmont stationary, but Fairmont was dissolved June 10, 2010!

It is my opinion that this is F R A U D. AND MY CONTRACT AS WELL AS MANY OTHER DURING THIS TIME FRAME ARE ILLEGAL.


I rejection option 1 because Geldert would not disclose what he had negotiated for. Once I get my judgement I will be going to the RCMP

and demand charges be laid regarding theft!! Each year since 2012 I had sent Northmont a letter stating I had been scammed.

 

[Scammed!]

Legal counsel is available with Mr. Geldert for $275/hourly or $1000 "All in"

I have emailed Mr. Michael Geldert. Please see the response below, as well as the email address:
<info@geldertlaw.com>
Thank you for your email. As you know, many time-share owners are working together to contest the efforts being made by Northwynd. Many of those have either retained Mr. Geldert for an all-in amount of $1,000 CAD or are being advised on an ad-hoc basis as they represent themselves at his hourly rate of $275. You may choose either option. There is not a class-action against Northwynd at this time but this will be discussed moving forward.



At Mr. Geldert's request, the following is for your review:



Your legal obligations are covered exclusively by the contract(s) you have signed. To that end, owing to the vague language in the various time-share contracts, Northwynd has initiated a court application in an attempt to confirm its ability to do two things:


1.Unilaterally amend the time-share agreements to allow them to charge owners/lease-holders for their desired renovations; and,


2.To unilaterally transfer portions of the properties currently available to owners/lease-holders outside of the Resort.



What this is really about then is their attempt to obtain court sanctioned permission to effect unilateral changes to their contractual relationship with each owner/lease-holder. It is a risky proposition however, because should they fail to do so they will not have the legal standing to effect what they are currently proposing to do.



Mr. Geldert is advising every owner/lease-holder to prepare submissions in reply to this court application. He is also advising that our firm be provided an opportunity to review those submissions to ensure they are ready to be filed with the court and served on Northwynd. Full copies of the associated court documents can be obtained on the Sunchaservillas.ca website should you wish to review the entire package of documents.



Should you retain Mr. Geldert, he will assist you in preparing, filing and serving the necessary submissions. He will also canvas the legal arguments that are available, including, most readily, that what Northwynd is proposing to do fundamentally alters the Agreement(s) and prejudices the rights of the owners/lease-holders.



If you are interested in retaining Mr. Geldert please complete and return the attached information sheet to me by email to (patricia@geldertlaw.com) along with copies of (2) pieces of government issued identification. We would ask that you also provide us with a copy of your time-share agreement and the most recent correspondences that relate to it. Once in receipt of these documents I will schedule a time for you to speak with Mr. Geldert on the phone to confirm the foregoing.





Kind Regards,






Patricia Maiato, Legal Assistant




T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw.com

2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4

Just reminiscing about the good old days dated May 10, 2013 and found an old post........If we could turn back time....If we could find a way.......

 

[truthr]

All those who got the email update last night did you bother to check the documents attached? Or print them out?
Well if you didn't you should - check to see which do or don't have a dated court seal or stamp on the first page of each document (where it actually says "court seal" - is there one there?).

One of the things that MG got right back in the beginning when NM was sending out a bunch of bogus Statement of Claims is that- if it doesn't have a court seal or stamp
IT AIN'T REAL!!!

Also in order to move forward and defend yourself (with or without new counsel) the transcripts of the hearings from Judge Branch and/or Judge Young would be vital for your next move.

To my knowledge and actually reading the Notice of Appeal Instructions to the Appellant sheet provided in the AB notice of appeal attachment refers to how and when those transcripts should be available. Read that sheet carefully.

Now according to the "Procedure Card" I ordered, received and paid for from the AB court in late November - that was all done November 15th, 2017. Like 2 months ago.

So you might want to request those documents ASAP and any other documents MG may be in possession of that you are unaware of.

 

[Petus@18]

All those who got the email update last night did you bother to check the documents attached? Or print them out?
Well if you didn't you should - check to see which do or don't have a dated court seal or stamp on the first page of each document (where it actually says "court seal" - is there one there?).

One of the things that MG got right back in the beginning when NM was sending out a bunch of bogus Statement of Claims is that- if it doesn't have a court seal or stamp
IT AIN'T REAL!!!

Also in order to move forward and defend yourself (with or without new counsel) the transcripts of the hearings from Judge Branch and/or Judge Young would be vital for your next move.

To my knowledge and actually reading the Notice of Appeal Instructions to the Appellant sheet provided in the AB notice of appeal attachment refers to how and when those transcripts should be available. Read that sheet carefully.

Now according to the "Procedure Card" I ordered, received and paid for from the AB court in late November - that was all done November 15th, 2017. Like 2 months ago.

So you might want to request those documents ASAP and any other documents MG may be in possession of that you are unaware of.

Thanks for your note. Q: were you already aware, back in Nov, that all of this was happening and being delivered to the rest of us in Dec? If you did, were you then threatened by Geldert in any way if you were to disclose any of this information to the group? You may be a great witness in all our cases as it can be proof that Geldert acted with malice and took advantage of his position by notifying his clients of this "settlement arragement" during the holidays. He knew everyone will not be checking their emails during this time therefore, many couldn't opt out of it or seek legal advice.

Could this be true? Would you be willing to provide an Affidavit? Please forgive me if I am misinterpreting your previous cautionary message. If I am, my apologies.

 

[easy prey]

It's obvious that this situation has changed all of our lives for the worse.

We all need to vent but I would encourage all of us to also take time to bring this story to the attention to as many media outlets and government officials as possible as well.


I am making an assumption that not all of us have done that. If I am wrong, I apologize. I am not trying offend any of us. This mess is hard enough as it is.

I am attempting to motivate as many people as possible to bring this injustice out into the open. The more of us who bring this story out, the harder it is to ignore.

There is a lot of time being spent on this site. My hope is that a significant amount of time is also spent on contacting your local mla's, mp's, media outlets, etc. Again, the more they hear from us the harder it is to ignore.

For those of us that have contacted whoever you thought could make a difference, thank you.

If there are any of us who haven't taken time to reach out, please do. We need to take this story to them.

Doug Clovechok is the mla for the Fairmont area. His email address is
doug.clovechok.MLA@leg.bc.ca
Phone (250) 432 2300
Toll free 1 844 432 3200
Fax (250) 344 4815

Some media outlets to consider contacting are:
gopublic@cbc.ca
marketplace@cbc.ca
fifthtips@cbc.ca
mclaughlinonyourside@ctv.ca

If you can think of any others, please share them with the group so we can participate as well.

 

[Timesharewhoas]

I am attempting to motivate as many people as possible to bring this injustice out into the open. The more of us who bring this story out, the harder it is to ignore.

Please everyone please get your twitter account. @Timesharewhoa is hitting many targets for #awareness to this issue. You retweet my tweet and I yours, someone else does,etc and we’ve hit them 100 times. #changeCanadianTimeshareLaws is picking up attention. We need more politicians as the pc party is the only one caring. Let’s take it to them! Then we hit the tv shows. I’ve started a few towards them . Let them hear you! No one is around for the weekend in the courts. So hit the tv and the polititians as they drink their morning coffee. And if any polititians are reading this.... sorry! But we thank you for paying attention to our $39 million issue!

 

[CleoB]

I found a Law firm in Calgary with a Lawyer that has Sunchaser clients that never joined the MG Group.
Unfortunately they can NOT take clients that have used MG!!!!

Actually that's probably a good thing. These people that never have been associated with MG can take a different approach in court, like the Fair Trade Act that MG was advised about but never used.

 

[CleoB]

The information that I have regarding this Legacy for Life, was approximately $23 million was raised..

March 30, 2009 Fairmont was granted creditor protection and June 10, 2010 Fairmont became insolvent. I was contacted

August 10, 2009 and again November 29, 2010 here in Edmonton. The presentations were a slide show and high pressure sales

pitch. The sales people bragged about a five star resort. I did not find out until May 2013 that the Legacy for Life was a scam.

I bought an odd and even year.. In reference to 2010 June 10th Fairmont became insolvent (company is gone) I was contacted

Nov 29th, 2010 and was told I only bought an odd year thus went through the same thing again.

Please note that this was Nov 29th, 2010 and Fairmont became insolvent June 10th, 2010. I have a contract dated Nov 29, 2010

and on Fairmont stationary, but Fairmont was dissolved June 10, 2010!

It is my opinion that this is F R A U D. AND MY CONTRACT AS WELL AS MANY OTHER DURING THIS TIME FRAME ARE ILLEGAL.


I rejection option 1 because Geldert would not disclose what he had negotiated for. Once I get my judgement I will be going to the RCMP

and demand charges be laid regarding theft!! Each year since 2012 I had sent Northmont a letter stating I had been scammed.

Actually I believe Fairmont was insolvent before that. Northmount was granted the takeover in June/2010 though I don't recall the exact date.

 

[SAV]

I offered to have a meeting at the Carriage House on Tuesday. I have decided not to go forward with this. I have read even more of the judgement from Judge Young. Even though this has been complete fraud basically we decided to hook our train to the wrong law firm. Its clear to me that he was really not anywhere in the same league as the Northmount lawyers. And he just kept making things worse and worse the longer he tied things up. If you read the judgement she says he was basically frustrating her as well as frustrating the court system. She had no choice but to rule in favour of Northmount as they had clear and concise arguments for their case and obviously a very good legal strategy.

And this is basically what Mathew Farrell was saying on Danille Smiths talk show today as well. The contracts we signed and the fact that there is not any legislation to protect timeshare purchasers in Alberta and BC means that companies like Northmount can write anything they want into these contracts we signed. Like 2% per month compounded monthly on delinquent fees is legal. Gilbert was also not successful in convincing the judge that we are renters not owners. The way our contract were written left the door open to interpretation as to whether we are owners of the resort or renters. The Northmount lawyers convinced the judge we were owners and consequently responsible for the renovations of the resort. Again no laws in Alberta and BC to protect timeshare owners of this. The fact that Northmount does not have to pay its proportion of the renovation fee is also the fault of Gilbert. He missed his chance to properly argue this and then it was too late.

I will write to the above noted entities to tell our story but I'm afraid we are all screwed. And hope that the government get their act together to write some laws to protect future timeshare purchasers in our provinces.

Im sick about it all. But I'm gonna move. $42,683 given to Northmount and their slick lawyers. Wow what a tragedy

 

[Bewildered]

SORRY TYPO!!!
Unfortunately they can NOT take clients that have used MG!!!!

I wonder why that would matter, I spoke to a lawyer and he didn’t see any problem with moving forward as this settlement is so bogus from the point we agreed to it which we didnt (my silence to MG didnt mean I agreed) seems strange other than one lawyer not wanting to step on another toes maybe?

 

[TimesharesBlow]

I will never pay. Maybe we need a new hashtag called #JudgeYoungLegacy ?
I am not going to pay money for something I already paid for and have considered lost and put my family at a further financial loss. Total BS. Need a new lawyer that needs to argue way different talking points. Anyone who pays has more money than brains.

 

[Petus@18]

I wonder why that would matter, I spoke to a lawyer and he didn’t see any problem with moving forward as this settlement is so bogus from the point we agreed to it which we didnt (my silence to MG didnt mean I agreed) seems strange other than one lawyer not wanting to step on another toes maybe?

Can we retain this lawyer, could you please send us his contact info?

 

[torqued]

Can we retain this lawyer, could you please send us his contact info?

Be cautious with lawyers that may be voicing an opinion without knowing all the facts in this mess. Remember it was stated on this forum “win or lose the lawyers all get paid”. I’m becoming more and more interested in staying with the resort and making Mr Wankel’s life a living HELL. Mr Wankel be careful what you wish for you may just get it! Once we are all back on his door step in good standing we can be that burning bag of dog shit he has to stomp on day in and day out. Maybe we need to start thinking more along the lines of legal maneuvers once we are back in good graces. Take their leverage away that being money and they got nothing on us. We then use legislation and the courts to right this wrong. We are not going away ‍!! Justice will be served and I WILL be there to see it!

 

[FairSun]

Thanks for your note. Q: were you already aware, back in Nov, that all of this was happening and being delivered to the rest of us in Dec? If you did, were you then threatened by Geldert in any way if you were to disclose any of this information to the group? You may be a great witness in all our cases as it can be proof that Geldert acted with malice and took advantage of his position by notifying his clients of this "settlement arragement" during the holidays. He knew everyone will not be checking their emails during this time therefore, many couldn't opt out of it or seek legal advice.

Could this be true? Would you be willing to provide an Affidavit? Please forgive me if I am misinterpreting your previous cautionary message. If I am, my apologies.

 

[aden2]

In our VIA's contract Fairmont was to pay back $ based on a percent of years that were not used when returning the timeshare. Can this payback money be used to offset the pay out amount demanded by Northmont? I paid a total of $29,500. for timeshare and I am will to give that back to NM, and this is not enough $$$ for NM ....Can't believe it!

 

[torqued]

In our VIA's contract Fairmont was to pay back $ based on a percent of years that were not used when returning the timeshare. Can this payback money be used to offset the pay out amount demanded by Northmont? I paid a total of $29,500. for timeshare and I am will to give that back to NM, and this is not enough $$$ for NM ....Can't believe it!

The wording is vague as it says if they accept leasee timeshare doesn’t say they will or are obligated to. I just wonder how much teeth that clause has? I have the same in my contract.

 

[Palms to pines]

Our contract has that too, but does Belfry’s? The way things have gone down, I predict it is totally toothless. What a tragedy is right.

 

[torqued]

Read the Alberta submission the recent email from MG, page5 about half way down. Look at Barry Kings response. Omg. We had dumb and dumber representing us. We did not have a snowballs chance in hell!!