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

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

  1. aden2

    aden2 Guest

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    Interest rate concern:
    Prior to Northmont taking over the resort the interest charge was 26.82% per year for persons behind on the maintenance payments. This was to encourage those staying at the resort to pay their dues in a timely manner.
    When a VIA wished to cancel to their timeshare there was a humane approach in which this was handled. Fairmont would honor the request to cancel. Based on the number of years left on the lease a refund was given.
    The resort was aware that at some point some VIA's will not be able to stay the 40 years. There was no interest payment charge for leaving the resort, and the resort acknowledged all requests and did not charge a pay out fee.
    Today with Northwynd/Northmont in charge there is no honoring the request of VIAS's wanting to cancel the lease. In fact the request to cancel is ignored and the resort continues to charge a yearly maintenance fees and 26.82% interest. I have personally each year since 2013 sent requests to have my lease cancelled.
    This is a change in the contract and should be challenged, as this was not the intend of the Vacation Villas under Fairmont. If Fairmont did not explain in their sales presentation how they would handle cancellations they would not have been sucessful in running the resort. The yearly maintenance is charged, but resort is not used. Northmont leases out the same units, thus it is possibly collecting more than once. Units are being renovated and units are being sold. MILLIONS OF DOLLARS ARE COLLECTED, but no independent AUDIT is requested by the Courts.
     
  2. aden2

    aden2 Guest

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    You should immediately file a Dispute Note with The law court in Edmonton, AB. disputing the judgement!
     
    dotbuhler, Fraud1 and LilMaggie like this.
  3. Broke Mama

    Broke Mama Guest

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    even though we were on the BC court we should file in Edmonton,AB?
     
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  4. MarcieL

    MarcieL Guest

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    can option 1 people that paid the SA agreement file? Did judge Gil comment on this?
     
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  5. truthr

    truthr Guest

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    I have ordered the transcript for the Thursday, March 8th, 2018 Appeal Speak to Appeal in AB and expect to receive them tomorrow.

    If anyone is interested in contributing to the cost and receiving a copy please send me a private conversation here on Tugbbs.

    The cost per person is $30.00.
     
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  6. aden2

    aden2 Guest

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    [
     
    Last edited: Mar 15, 2018
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  7. Lostmyshirt

    Lostmyshirt Guest

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    I am confused as well. Option 1's can still file a dispute note (not that I truly understand what that is)?
     
  8. Floyd55

    Floyd55 Guest

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    Could someone please review for me how one would go about becoming part of this appeal in Alberta as a member of group 1? Is there a place online to download a document that needs to be filled out? Do you have to have a lawyer in order to participate? I figure that I have already paid my money to MG and NM but if there is a chance of getting some of it back through this appeal process, why not try? I just don't know what the process is or if there is any point to it?
     
  9. aden2

    aden2 Guest

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    I would suggest that you contact "Civil Chambers Office ph. 780-415-6604 Provincial Court Action # P1490304333. The point to keep in mind is to relate to things like misrepresentation, scam, fraud etc. in your dispute note. The change of management (Fairmont to Northmont) is a big issue and VIA's should have been notified of change of contract.
     
    dotbuhler likes this.
  10. torqued

    torqued Guest

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    I called the number above. They said filing a despite on that case number isn’t possible. It’s a done deal?? The number was relative to the Reid’s and I’m not the Reid’s. Unless I’ve been served in an Alberta court there is nothing he could do for me. Any suggestions?
     
  11. aden2

    aden2 Guest

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    corrected
     
    Last edited: Mar 15, 2018
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  12. truthr

    truthr Guest

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    I don't think anyone who was not sued in AB and part of the "Reid" Action would have anything to do with the appeal.
     
  13. tssuck

    tssuck Guest

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    A question please - for the Americans who signed option 1 but did not pay, would we not be able to enter a Dispute Note in the AB.appeal action? We were contacted by MG with the same info that all the Canadians got.
     
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  14. truthr

    truthr Guest

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    To my knowledge unless you were sued in AB you cannot be part of the appeal in AB as your personal individual court file would not be in AB hence you would not be part of the "Reid"action.
     
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  15. tssuck

    tssuck Guest

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    As I understand it, we all, Americans and Canadians got the same info from MG as to whether we wanted to sign option 1 or option 2. For those of us who signed option 1 but did not pay, whether we are American or Canadian, are now considered option 2 people. To confirm this one way or another we have sent an to Barry King to see what list we are on. As yet no reply. Whether we get a reply or not from Barry King, we are going to notify Jud Virtue that we are going to be part of the appeal. Please correct me if any if the above info is incorrect. It will help clarify things, I think.
     
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  16. Scammed!

    Scammed! Guest

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    There should be no reason why we can't appeal we were forced to pay and I can prove that. No matter what you are option 1 to 25 were in the same boat. Just because we paid doesn' make it ok. We need more info into what our rights are.
     
  17. Fraud1

    Fraud1 Guest

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  18. Ultimate_Betrayal

    Ultimate_Betrayal Guest

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    Thank you so much for taking the initiative to order these and I will definitely be looking for my own copy as I want to truly know what the Judge said opposed to the selective "Coles Notes" version we get from any Counsel who participated.

    Related to past documentation, many people have requested missing documentation from Michael Geldert to review in preparation for the May court date either via their new Counsel or are taking the initiative to self litigate because there is new hope to continue which should be of great concern to Northmont who have lost their puppet's ability to control his X-clients.

    Given there are rules a divorced lawyer is supposed to be adhering to when a client transitions away Michael is grievously failing to meet his Code of Conduct as a lawyer in this area and should be realizing by now complaints have and continue to be filed with the Law Society which he must think is a joke and that the Law Society has no teeth.

    If that doesn't matter maybe the realization he is in the cross hairs himself to be sued which should be of great concern to Northmont and any lawyers he has worked with on this case as discovery tends to bring out the worst or best in people depending on what they are hiding or want to share - hope he has let his insurance company know as other people already have and they are the ones who will be on the hook to settle any proven malpractice claims!!

    People have been told they cannot have missing documentation because possibly they didn't pay a retainer or Michael is using the BS the info is privileged - well that's BS based on our retainer agreement and the way the system works. What should have been happening, as does in any other regular group client litigation, is we should have been receiving every piece of documentation as it came available as it is our litigation not his which would have kept us properly informed and we could have identified his deceptions sooner. All I see now is that he was trying to hide things and control narrative in hindsight so we only see what he wants us to see instead of what is truly occurring - even today he is still desperately trying to control our destinies and limit the information to either keep us dependent on him or he needs to protect himself or Northmont from us learning the entire truth.

    Now the question that keeps popping up in my mind is "Who is Michael Geldert really working for, protecting, and representing?" as it is very hard to figure out as it isn't me.

    All I can say is keep asking and when he wants to talk with you record the call - the more evidence he provides creates a stronger malpractice claim.

    Not sure how the new facts based, people friendly Judge will see this in May when we are forced to ask for a continuance given we failed to get prepare - guess it will depend on how our answer is present to him - sure doesn't sound like present Counsels posturing and objections are going to work either from the plaintiff or defendant sides.

    Maybe this new Judge will be willing to provide a court order for us to secure the documentation and further allow for a court sanctioned injunction against Northmont to put a hold on the Option 1 settlement funds as long as this remains in front of the courts given the circumstances related to the binding of the Option 1 people might be viewed as being fraudulently obtained given it was an only Michael negotiated settlement agreement (FYI - consent was far from mutual on our end as we were misrepresented by Michael but given this looks like a backroom deal with no 3rd party neutrality present to dispute this had occurred or settlement minutes available it will easily be made to look bad for both parties in this "negotiation" if we are still calling it that).

    Getting back to the missing documentation - what we received all along has been selective so it begs to be questioned "why". Even now Michael is trying to control the flow of information even after the divorce and we only expect what we are entitled to that has already been paid for which is governed by every lawyers Code of Conduct. Moving forward people are smart enough to procure future court documents and as proof can acquire our own transcripts like these ones for things moving forward after the divorce and we are beyond Michael's false cheers to boast his ego and suck more money from us.

    Moving forward we all need to put the pressure on Michael Geldert for a full detailed reconciliation of the millions of dollars that made up the trust fund account from day 1. As part of the reconciliation it needs to separately identify Michael's and Barry King's work related to the Option 2 group versus what the Option 1 group needed to pay for along with any past due accounts recognized as part of the Geldert receivables associated with the trust (why should anyone who has paid be subsidizing individuals or group services for someone who has not paid for them but continued to received the benefits of the services - this is Michael's problem to differentiate and proportionately bill each of his represented clients properly not mine).

    Group 1 members should expect a refund of unused trust funds which should be plentiful given Michael's $500 retainer request in May of 2017 for funds that were to be allocated for settlement costs and the additional funds secured in the Settlement Agreement should have given him a budget just shy of $1 million.

    Not our fault he created a very distinct divide in the way he now uniquely has to represent independent groups he finalized creating on December 29th which become a huge conflict of interest for all involved. This resulting circus (mess) Michael and Barry King continue to move forward with is not payable by either Option group as Option 1 people are out and Option 2 people didn't sign their own new retainer agreement asking for it to be done this way . Anyone who still wants Michael's service would need to pay their own way with him or Barry King as there cannot be a conflict of interest which would be created using the money from the original trust account to pay for individual services beyond the required documentation, processing the Option 1 settlement, or payment of past collective invoices. This might have worked if he stuck to the all or nothing relationship moving forward introduced as part of the SIF he buried us with so why is he still allowed to rack up the costs and be a demi lawyer to all - Michael should have been prepared to allow Option 2 people to move on in November / December and given them everything required but here we are months later and nothing but :wall: or an option to a few Option 2 people to have to pay for things moving forward.

    No group should be compensating for work done for another group or individual unless it is of benefit equally to the entire group if the cost is tied back to the original trust fund to pay for services. If something is being provided from Geldert it needs to be to all especially if the cost is being picked up from the $250 extorted from each of the Option 1 members in the negotiated settlement as these funds are not there for Michael to use to go up going down his rabbit hole or to cover his own butt moving forward.

    Although, good luck collecting from any of the Option 2 group of people in default though - they kicked Geldert's butt to the curb or Geldert kicked theirs but there is no going back on these actions so welcome to the world of pro bono (denoting work undertaken without charge by an attorney) and I bet other lawyers you continue to hide behind who are also stuck in your rabbit hole want to be paid from the pro bono funds you are collecting.

    I think this pretty much summarizes any future relationship with Michael and gang - we are done with you and the only thing left is when and how much money each of us sue our former Counsel for related to their incompetence and deception (take your pick or pick both). Pretty sure when all Michael's lawyer buddies share a place as a listed participant on a notice of claim they will want bury Michael in his hole and will be very willing to provide documentation to drop them at the curb but can you imagine a 1000 of these over the next couple of years and the time it will take to get through this instead of making money - hence the reason for everyone to work together to either group of preferably self litigate (we saw how easy things got for lawyers to have us all squished through Jeke - so we are not to old learn from our mistakes, will Michael learn from his? - I sure hope not).

    It's not even to expensive to get started:
    http://www.self-counsel.com/representing-yourself-in-court-can.html

    I can only imagine Northmont is very concerned this entire thing is about to explode and are probably concerned what is out there to throw them under the bus to save one's butt especially now that there is a chance for a real appeal with the new evidence Northmont provided us all on February 1st.

    Man, I hope this doesn't screw up anyone's bonuses or professional accreditations:thumbup:
     
    MgolferL, Frau Blucher, aden2 and 6 others like this.
  19. truthr

    truthr Guest

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    :cheer::wave::hi::clap::whooopie::thumbup::banana:
     
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  20. MarcieL

    MarcieL Guest

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  21. MarcieL

    MarcieL Guest

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    Option 1 people have paid their millions, releases were 2 months early I would assume due to the March 8 hearing. If option 1 people have the option to appeal that would be positive however I fear our$$ maybe off shore by the time any appeals should take place. Thoughts?
     
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  22. CleoB

    CleoB Guest

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    Has anyone in option 1 asked Geldert what has happened with the money in light of what happened March 8?
     
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  23. truthr

    truthr Guest

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    Here is a thought - if lil'ol me, who has never ordered transcripts before, can manage to do it and receive them in less than a week just about anyone can and one would think definitely a law office that should already have an account set up with the transcript service and know exactly what information is required to order them. Oh and gather and coordinate names and email addresses and process etransfers and get the transcript out to people who have paid the day I receive it (like within minutes) - well what can I say maybe I should be running a law office!!!

    Does it cost money? Sure does but at least by providing them to the clients they can read FIRST HAND what was or was not said - not some watered down, pie in the sky version. Sure could have saved a lot of confusion and possibly wasted time and money over the years with us having to make decisions without having ALL the facts.

    Do all you who were Geldert clients have ALL the transcripts from ALL the hearings/trial/discoveries, etc? Or only some who have known to request them only to receive some but not all depending on what someone decided he would ALLOW his clients to see? Isn't it the clients who have paid for all these documents?

    We may not be lawyers but we are adults who can read and comprehend and although there may be a lot of legal talk - IT IS STILL ENGLISH!!

    IMO whatever they have - we should have had the minute or at least the day they had it. Why did we get some and not others??:ponder:
     
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  24. CleoB

    CleoB Guest

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    Never mind receiving some and not others. I don't recall receiving anything, found most on Sunchaser website. BTW, how much did the transcript from last Thursday cost?
     
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  25. truthr

    truthr Guest

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    WOW, in all fairness some of the needed documents were sent to us in the updates; however not all.
    As for the transcript from last Thursday I have sent you a private conversation if you wish to order it from me.
     

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