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

[Undecided62]

For those who are asking some lawyers questions, here is a link to one opinion regarding our leases. I found it on an internet search. The questions to the lawyer were not mine. By placing this link I am not endorsing the site, nor the comments, just locating information for others to be aware of.

http://www.justanswer.com/canada-law/6pz99-40-year-lease-timeshare-started-2004.html

 

[jekebc]

BC Law Firm to Contact re Sunchaser

We have been unable to add more to our group of 200+ owners, but I contacted another law firm in Victoria. It is one of the top litigation firms in the area and has the staff and support systems able to help many owners. You can find details of the firm at: www.coxtaylor.ca They have agreed to take on a group of Sunchaser owners to challenge Northwynd at the upcoming hearing. I have supplied them with a lot of background details and documents.
If you wish to inquire re their services, please email your name and address to sunchaser@coxtaylor.ca Attention Lindsay LeBlanc.
Please note I am not associated with any law firm. I am just a perturbed owner at Sunchaser trying to help other owners deal with this fiasco.

Jim Belfry, Victoria

 

[CindyD]

Vacation Villa Lease

Cindy what agreement do you have? My agreement was signed on nov/2002 and item number 9 does not state that we have to replace the resort. Norton rose states on summary of conclusions item no. 2 proportionate share of all costs of administration,maintenance,repair and replacement of the resort. This is their lawyers interruption.

Our contract was signed in Mar/97 and it is not the same as my previous link post, that link was just brought to my attention from our lawyer

 

[Spark1]

Our contract was signed in Mar/97 and it is not the same as my previous link post, that link was just brought to my attention from our lawyer

google, sunshasersvillas 2013 budget. That budget states that all the renovation fee was 14% of their operating costs. Nothing mentioned about replacing the resort as stated buy Norton Rose.

 

[CindyD]

google, sunshasersvillas 2013 budget. That budget states that all the renovation fee was 14% of their operating costs. Nothing mentioned about replacing the resort as stated buy Norton Rose.

I googled it the only thing I got was your post, can you send the link?

 

[aden2]

It might be helpful to go to Government of Alberta and read "Fair Trading Act". This act includes TIMESHARES. Further if the supplier or consumer is from Alberta or if the contract came from Alberta. In this case Northwynd's offices are in Alberta. So if Northwynd is in violation of the said contract the Alberta Government will investigate.

 

[Tacoma]

Just got together with friends last night who booked their summer week last year and deposited it with an exchange company. They are not going to pay the renovation fee. Will their exchange be honored? How will this likely be dealt with. They're saying if we are using our week and haven't paid it then we can't go but what happens to an exchanger? This could get ugly for anyone trying to stay there this summer or fall.

 

[Tacoma]

The fair trading act is 124 pages can you give me a clue as to what you think might apply? Although I'm a good reader I don't want to wade through that much.

Joan

 

[CindyD]

Just got together with friends last night who booked their summer week last year and deposited it with an exchange company. They are not going to pay the renovation fee. Will their exchange be honored? How will this likely be dealt with. They're saying if we are using our week and haven't paid it then we can't go but what happens to an exchanger? This could get ugly for anyone trying to stay there this summer or fall.

We also have weeks confirmed through II in July this year and Feb of next year. I just got confirmation on the July week a few days ago so I am asuming that they will be honoured

 

[Tacoma]

So those of us who have paid maintenance fees should deposit our weeks. I wonder when they will stop letting us deposit before paying I would guess June 1st.

I love staying there and love the opportunity to book exactly what I want 12 months out but after finding out what this company did to owners at Rancho Banderas in Mexico and a resort in Belize I believe this will not go well for us.

My husband says just let them ruin our credit but I always pay my bills. This is keeping me up at nights. At what point do you say ENOUGH!

 

[aden2]

Alberta Fair Trading Act:Violation is failing to give an annual audit financial report. check the audit Collins Barrow Feb 12, 2013 "unable to obtain sufficient appropriate evidence about recorded values of deferred revenue and accounts receivable as of Dec.31, 2010 and 2009."

[/B]Cancelling agreement

7(1) A consumer may cancel at no cost or penalty to the consumer a consumer transaction, whether written or oral, that was entered into by the consumer and a supplier who engaged in an unfair practice regarding the consumer transaction, whether the unfair practice occurred before, during or after the time when the consumer transaction was entered into, and in addition the consumer is entitled to any remedy that is available at law, including damages.

(2) Where a supplier has been found to have engaged in an unfair practice, any consumer who entered into a consumer transaction that was subject to the unfair practice with the supplier who engaged in the unfair practice may cancel the consumer transaction at no cost or penalty to the consumer

 

[morena]

fair trade act

I wonder if this fair trade act applies in BC? Also, it says any transaction, so hopefully that would include leases? Does anyone know? If this was a purchase gone bad we could let them repossess the item or give it back but a lease seems to be different? Does anyone in this situation have a deeded timeshare? Mine is called a "vacation experience lease". Some experience, huh?

 

[aden2]

25(1) This Part applies to the following direct sales contracts and

time share contracts:

(a) a contract in which the supplier or consumer is a resident
of Alberta;

(b) a contract in which the offer or acceptance is made in or is
sent from Alberta;

What I did was , I sent a letter to Northwynd stating that I was with holding funds because of their violation of our contract, misrepresentation, no audited financial statement, no reserve fund etc.. I also stated a wanted an unconditional release from my contract. After I got their reply back I went to service Alberta website and printed a complaint form, and attached Collins Barrow financial report, my letter to Norwthynd , and Northwynd's reply. I left it up to Service Aalberta what articles they violated. I sent all of this info by my fax.
Service alberta was involved in the timeshare at Canmore " of misleading or deceiving consumers, misrepresenting a consumer’s rights, remedies or obligations, and using exaggeration, innuendo or ambiguity of material fact in a consumer transaction."

It is my understanding it does apply to B.C. because the contract came from Alberta.

 

[CindyD]

Sunchaser Update

I just recieved this email from Sunchaser

***This is a bulk email. If you have already received and responded to your package, please ignore.***

On April 29th, 2013 we mailed out the Freedom to Choose, Reason to Stay resort realignment plan along with invoices for the annual and biennial odd vacation interval owners.

If you have not already received the package, you can find it on the www.sunchaservillas.ca website under the renovation program section. In addition, a substantial amount of additional information including an extended communication and a budget commentary are available for your review.

If you have any questions after reviewing the information or require an updated statement of account, please contact us at customercare@northwynd.ca or by calling 1-877-451-1250. Please note this is time sensitive and biennial odd and annual owners need to respond by May 31st, 2013.

Best regards,

Vacation Ownership Services
Resort Villa Management

 

[CindyD]

Alberta Fair Trading Act:Violation is failing to give an annual audit financial report. check the audit Collins Barrow Feb 12, 2013 "unable to obtain sufficient appropriate evidence about recorded values of deferred revenue and accounts receivable as of Dec.31, 2010 and 2009."

[/B]Cancelling agreement

7(1) A consumer may cancel at no cost or penalty to the consumer a consumer transaction, whether written or oral, that was entered into by the consumer and a supplier who engaged in an unfair practice regarding the consumer transaction, whether the unfair practice occurred before, during or after the time when the consumer transaction was entered into, and in addition the consumer is entitled to any remedy that is available at law, including damages.

(2) Where a supplier has been found to have engaged in an unfair practice, any consumer who entered into a consumer transaction that was subject to the unfair practice with the supplier who engaged in the unfair practice may cancel the consumer transaction at no cost or penalty to the consumer

I was looking for this audit, where did you find it?

 

[aden2]

The audit for Sunchasers Villas is found on their website, and look for the audit statement is done by Collin Barrow C.A. in Calgary. I believe it is very import to sent this with your complaint (the forms are found "Service Alberta). On the complaint form check the box that has timeshare. The complaint form has address, phone number, and fax number on. The time share in Canmore in 2010 was charge with "misrepresenting a consumer’s rights, remedies or obligations, and using exaggeration, innuendo or ambiguity of material fact in a consumer transaction."

 

[aden2]

I have double checked the Sunchaser Vacation Villas website and the audited financial reports, but there is no audited financial report 2012! My contract states an AUDITED FINANCIAL REPORT NO LATER THAN MARCH 31 ST OF EACH YEAR. Well no audited report for 2012, but I a get a demand note from Northwynd , and today received a reminder that I have to May 31 st to pay up. What a scammed this has become!!

 

[aden2]

Thanks for the update, I understand several timeshare holders have civil claims still today regarding Canmore.

 

[morena]

confused

Alberta Fair Trading Act laid charges in Canmore timeshare fraud.
However, the contracts did not protect consumers, leading to the allegation that the companies and individuals facing the charges misled the time-share customers.

Facing 168 counts of fraud over $5,000 and 24 Alberta Fair Trading Act charges of misleading or deceiving consumers are Chateau World Vacations Inc. and director Kim Schram of Edmonton, Properties International Ltd., Royal Crown Resorts Ltd., Royal Club Resorts Inc., and director Andre Muran of Canmore.

The accused are scheduled to appear in Calgary provincial court on Aug. 4, 2011.

Did they appear in court? This was nearly two years ago. Does anyone know if they were charged these fines? It seems like if they did it would have discouraged them from doing this again.

 

[condomama]

Did they appear in court? This was nearly two years ago. Does anyone know if they were charged these fines? It seems like if they did it would have discouraged them from doing this again.

Check this out for the timeline: http://cheatauworld.ca/timeline.htm

 

[morena]

unsure about it all

Check this out for the timeline: http://cheatauworld.ca/timeline.htm

I'm not sure where this leaves us? Are we wasting time, paper & postage by reporting these current acts of Northwynd as fraudulent?

 

[THE AVENGER]

Has anyone approached Northwynd/Northmount on paying the fee to get out on the same plan as the refurbishing plan (eg. $100/ month)?
Also when they approached us (using a high pressure sales company) on purchasing the deeded plan (Legacy For Life) they already knew they were in financial problems and presented it as a great opportunity. Is this not FRAUD?

 

[condomama]

A standard statement from Northwynd: "In 2011 we did not know at that time a renovations such as this was going to be put into place. The decision to move forward with this renovation came in late 2012.The sales department closed in November 2012."
Vacation Ownership Services Representative
Northwynd Resort Properties Ltd.
5799 – 3rd Street SE
Calgary, AB T2H 1K1

Local : 403-517-2601
Toll Free: 1-877-451-1250
Toll Free Fax: 1-888-378-4477
Email: customercare@northwynd.ca

 

[THE AVENGER]

T

A standard statement from Northwynd: "In 2011 we did not know at that time a renovations such as this was going to be put into place. The decision to move forward with this renovation came in late 2012.The sales department closed in November 2012."
Vacation Ownership Services Representative
Northwynd Resort Properties Ltd.
5799 – 3rd Street SE
Calgary, AB T2H 1K1

Local : 403-517-2601
Toll Free: 1-877-451-1250
Toll Free Fax: 1-888-378-4477
Email: customercare@northwynd.ca

They may not have their plans for renovations but they certainly
knew the state of the property!!!

 

[cindyrend]

I agree, they knew exactly what they were buying. We were there 5 or 6 years ago and it was looking like it needed some updates at that time. We just seem so at the mercy of Northwynd or whoever has owned or might own it in the future and what's to stop them for continuing to ask for money, as well as increasing our maintenance fees. It would be nice if as owners, we could all respond as one and take back some of our power, after all supposedly we each own 2% of one unit.