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

[truthr]

Just got off the phone with MG in response to my email to him today. He appreciates our frustration with the process. :] He said in response to my concerns about interest rates that they are continuing to work on that aspect but with all judgements going against us it has put NM in a position to charge almost whatever they want. He said that they are working with Judge Young on the interest rate and cost aspect of the proposed settlement details right now. I guess we will see what the details are when we get the settlement email next week. The reason that he gave for not pursuing the proposed action to take NM to task on the realignment of the resort and their not paying their proportion of fees is that the resulting litigation would likely end up costing us more than if we just pay to get out now with this deal. That is his opinion and that is why he is pushing us in this direction. Not good news I'm afraid!

Consider the source, not you Floyd55 but where you got the information. How many times have we been told something that turned out to be less than truthful?
Call me a skeptic but unless I see something with Judge Young's (AB) and/or Judge Branch's (BC) seal of approval I don't believe it.

As far as his opinion - how accurate, truthful and reliable have they been in the past? Just sayin

 

[Floyd55]

Consider the source, not you Floyd55 but where you got the information. How many times have we been told something that turned out to be less than truthful?
Call me a skeptic but unless I see something with Judge Young's (AB) and/or Judge Branch's (BC) seal of approval I don't believe it.

Oh believe me, I agree! Just passing on directly what I was just told on the phone for your general info.

 

[Scammed!]

Consider the source, not you Floyd55 but where you got the information. How many times have we been told something that turned out to be less than truthful?
Call me a skeptic but unless I see something with Judge Young's (AB) and/or Judge Branch's (BC) seal of approval I don't believe it.

As far as his opinion - how accurate, truthful and reliable have they been in the past? Just sayin

Totally with you on that truthr. I'm not doing nothing unless I hear instructions from The Honourable Judge Young! Very Interesting if Judge Young is truly involved...that would mean our letters are working or we're hearing nothing but Fairy dust, Unicorns, and Santa Clause again to shut us up! God knows we all believed in all that once before, and look were that got us. It sounds dissappointing so going to continue with my letters now......

 

[MarcieL]

I'd like to know how he is working with her, teleconference, email, face to face??? Very, very dehumanizing ordeal, tired of the lip service and false promises. I hope it is factual and she makes her decision with some compassion. I am sure she has had much feed back even though I was told the only contact should be through our lawyer. I did what I felt appropriate as it is my invoice!

 

[aden2]

Sunchaser's official site regarding Owners Timeshare Agreements schedule #2003 Prospectus article #13. Default of the Buyer "that the lessee hereby to relinquish all rights and responsibilities of the lessee and hereby irrevocably appoints FRP, its successors and assigns, as its attorneys to transfer ownership of the vacation lease in such event". Further "The terms of this contract shall be binding on the Lessee(s)". It is #14 in my contract. does anyone have an opinion of the article?

 

[Spark1]

Keep that email where Geldert said if he couldn't at least a 50% reduction he will consider a class action. We're going to need it.

When was that? I don't remember receiving anything like that. Do you have a date of the email please?

It was sent Thursday,December 28, 2017 11:20 PM. Had to reply by 12:00 PM PST on Dec29,2017. I was working on my computer until midnight and MG email around 11:45. That only gave you around 12 hrs to act. Great Christmas Present.

 

[Spark1]

We had 16 hours on the 28th of December 8:04 p.m. until noon December 29. We haven't decided yet, and I need to talk to a lawyer.

What kind of Contract do yo have. Is it a Lease Contract?

 

[Spark1]

What kind of Contract do yo have. Is it a Lease Contract?

 

[Hotpink]

It would be a most unusual for the judge to be in conversation with either party in an informal manner. Please read her conclusions in the judgement and they are very specific as to what the parties are to do.
If they could not agree then they were to appear before her again.
She did not rule in our favour nor did she grant an amount that NM could charge nor the rate of interest that could be applied.
If you do not agree with what the amount "Negotiated" NM does not have a Certificate of Judgement against the group.

If you refuse to pay they (NM) must take you back to Civil court and prove their claim before they can get any kind of judgement against you. that will take Eons to accomplish and take Judge Young well into her retirement.

 

[Bewildered]

Consider the source, not you Floyd55 but where you got the information. How many times have we been told something that turned out to be less than truthful?
Call me a skeptic but unless I see something with Judge Young's (AB) and/or Judge Branch's (BC) seal of approval I don't believe it.

As far as his opinion - how accurate, truthful and reliable have they been in the past? Just sayin

Don’t believe a word M.G. says, I have personally spoken to him a half dozen times, a couple times in the past week. He can’t keep his story straight in the same conversation, your not getting Judge Youngs ear unless your in court and I see no evidence M.G. and his clowns are doing that. Judge Young really hung us out to dry on those half finished decisions and then saying for everyone to play nice on the interest issue! Didn’t she look at the poor peoples invoice with over 10 Grand of interest in a couple years! Sorry call me a skeptic but it was in the cards because there was no way that the BC courts were going to allow the whole Fairmont area to economically collapse after this place was mothballed as it should have been. Unfortunately Judge Young did us no favours n Alberta. Lost faith in the Justice system.

 

[CleoB]

Just got off the phone with MG in response to my email to him today. He appreciates our frustration with the process. :] He said in response to my concerns about interest rates that they are continuing to work on that aspect but with all judgements going against us it has put NM in a position to charge almost whatever they want. He said that they are working with Judge Young on the interest rate and cost aspect of the proposed settlement details right now. I guess we will see what the details are when we get the settlement email next week. The reason that he gave for not pursuing the proposed action to take NM to task on the realignment of the resort and their not paying their proportion of fees is that the resulting litigation would likely end up costing us more than if we just pay to get out now with this deal. That is his opinion and that is why he is pushing us in this direction. Not good news I'm afraid!

Yes, Northmount is in the position to charge whatever they want because Geldert didn't do his job and put us in this terrible position.

 

[CleoB]

We had 16 hours on the 28th of December 8:04 p.m. until noon December 29. We haven't decided yet, and I need to talk to a lawyer.

I was referring to what I thought was an email from Geldert long ago before all this fiasco started, not the Dec email.

 

[justiceisajoke]

I have been following this thread since inception. It takes all the courage I have in me to finally post after all these years.

If I sound naive and unversed regarding this entire situation, it's because I am. (I would like to place that blame on my legal counsel, alas, it's too late to point fingers now. I thought I hired him to educate me and keep me well informed throughout this entire process ).
Unfortunately we all had the opportunity to walk away from this litigation group, I chose not to. MG advised that we had a chance, it was worth staying the course. So I stayed the course, funny, I had a bad feeling in my gut way back then even. The feeling is much worse now.

So here I sit, between this rock and this hard place with a gut ache that's been festering for years....
I have decided the best option for me at this point is to settle and walk away once and for all (at least I HOPE it's once and for all, I don't really know who to trust or believe anymore).
If I've learned anything throughout this entire debacle, it's that it has only gotten more costly for me as time has dragged on.
What has made this difficult decision resolute in my mind is a brief conversation I had with MG. He only had five minutes to spare for me...only five.
I want to share. Words of wisdom in response, or any guidance to offer would be appreciated.

MG advised (this is NOT worded verbatim) that if we were NOT going to agree to this "blind faith settlement" (as I call it) that essentially Northwynd would be able to charge us whatever they wished as an exit fee in the future. Our only guarantee to a "cap" on the cost to walk away is this "settlement offer". Otherwise Northwynd has free reign to charge whatever they wish as an exit fee. Unfortunately the courts sided with Northwynd and have agreed to as much. I don't like that risk. Is it a risk? Or is it a "scare tactic"?

MG also hinted (strongly) that NO judge would want to hear this case again as it's already been tried and adjudicated. No point in trying to "go it on our own" and seek alternative legal counsel. This was discouraging to hear (and was also backed up by guidance we obtained from alternative legal counsel).
This same lawyer we sought out, also advised that it would be almost impossible for us to find any lawyer that would be willing to take this case on. Even if we did, the cost to employ a lawyer to research this entire litigation and pour over years of documents and trial transcripts to prepare a proper defense would be astronomical.

One more thing, (and this is for you Spark1).
I signed up for a Lease.
Similar to your lease...I think. (I purchased mine in 2007).
I did not know I became an "Owner" or a "VIA Holder". I had never been advised as such. (I think maybe my legal counsel "forgot" to tell me this a LONG time ago . It just might have altered my "legal path" years ago. Imagine the dollars I could have saved!!!.....)
I found out only last week, that I was indeed an owner.
I asked MG how this was possible?? My contract states I am a lessee, NOT an owner!! His response? The courts have ruled that as a lessee you are an owner, you are the owner of ..."the right to use". (Those words ARE verbatim).

Anyways, my five minutes was up....I didn't get an explanation...


Y'all keep sending your emails, and I'll keep sending mine!! Someone will listen.

 

[Petus@18]

Totally with you on that truthr. I'm not doing nothing unless I hear instructions from The Honourable Judge Young! Very Interesting if Judge Young is truly involved...that would mean our letters are working or we're hearing nothing but Fairy dust, Unicorns, and Santa Clause again to shut us up! God knows we all believed in all that once before, and look were that got us. It sounds disappointing so going to continue with my letters now......

I see unicorns for sure. MG continues manipulating us! He is trying to psych us out over and over until he gets what he wants, right now he wants us all to accept the 'crazy settlement' he reached. Don't forget he is presently charging us for every call he is answering, ridiculous!

 

[justiceisajoke]

I see unicorns for sure. MG continues manipulating us! He is trying to psych us out over and over until he gets what he wants, right now he wants us all to accept the 'crazy settlement' he reached. Don't forget he is presently charging us for every call he is answering, ridiculous!

How much is a five minute phone call worth? I want my money back....

 

[Scammed!]

I see unicorns for sure. MG continues manipulating us! He is trying to psych us out over and over until he gets what he wants, right now he wants us all to accept the 'crazy settlement' he reached. Don't forget he is presently charging us for every call he is answering, ridiculous!

OH MY GOD STOP CALLING!!!! It's 120%+20%+26.82%+162% per call...it's criminal get my point......and getting no answers! If I get one call this isn't going to be the one.

 

[Joel Reed]

I am in Spokane and have been referred to a couple of attorneys that I have left messages for. I will keep you posted as I am able to talk to them, keeping our fingers crossed!

I am in Spokane and have been referred to a couple of attorneys that I have left messages for. I will keep you posted as I am able to talk to them, keeping our fingers crossed!

I am also from Eastern Wa and will be interested in your findings

 

[ecwinch]

What was MG's advice on paying your m/f - dues during the period the legal action was running?

 

[Palms to pines]

Please , everyone. I have heard that the 2010 contract with Northwynd is called a CO-OWNERSHIP CERTIFICATE. Can anyone vouch for this? Is this in fact what Jim Belfry had signed? Is this what we have been defending all these years?? We have a lease agreement from 1997. I was unaware anyone had any contract with ownership in the title.

 

[Palms to pines]

Moderator Eric - We were told not to pay them .

 

[Inquiringmind]

Moderator Eric - We were told not to pay them .

I am interested in the end Game . I am pretty sure MG Will send me a statement on January 9 saying that I owe over $70,000 for 2 1/2 timeshares. I won’t be able to pay that and I won’t pay that . So what happens after that and how long does it take? Will NM file a statement of claim and will it be served to me? Will I have an opportunity to respond to the claim? My defence will be stuff that has already been litigated, so dubious defence.Will there be arbitration prior to a court case? How long will all of this take? Will the judge do anything else but award judgement in favour of NM for full amount? Plus costs? If the judge awards in favour of an NM., what happens next if I don’t pay? Will NM
send this to collections? Will they try to attach to my assets? If so, what can they attach to and how long will it take? Will this still be going on long after I have departed this Life.
. I’m 74 and living on canada pension and Riff. Consider that there are thousands of you in the same boat, how long will this all take?

 

[Spark1]

We had 16 hours on the 28th of December 8:04 p.m. until noon December 29. We haven't decided yet, and I need to talk to a lawyer.

I said this before ,there is no Law stating that you can not give them a bill . You bought a product in good faith and to this day they have proven that this is legal what the Trustee did. They used a bogas Cancellation Agreement. They are feeding the Judges the wrong information when they go in the court,like the status of your timeshare contracts eg what VIA, Vacation Villa Lease. Co-owner etc. They are not using the Modification to Leases and they are making unilateral amendments to contracts. I hope no one pays this and it is not our fault that MG was the only Lawyer that would take this case on. He was up against the same people that played this same game In Mexico Belize and Hawaii. This a scam and they are using the court system to steal millions off of innocent people.

 

[torqued]

I found an attorney who would at least talk to me. I should have more particulars next week. He was at least considering helping me with the payment situation. He has dealt with NM before so has experience in this matter. He is a timeshare attorney. I expect an email from him this coming week. I will keep you posted. I would be interested in what the Washington state folks come up with. I was in Montana when I bought this nightmare (maybe Stephen King would like to use this as a back drop to a new book).
Would appear to me that the courts screwed all the unfortunates in timeshares across Canada and the industry as a whole. As word gets out about the how the courts have ruled to give timeshares a blank check with your name on it, who in their right mind would ever want to buy into a timeshare. Even if we go down fighting, at the very least I'm hopeful the legislators in Canada will regulate these crooks so others don't have t go thru what we have. I'm feeling like a lost dog in the street right now. This will all come around and some lost dog(s) bite Wankel and his buddies at some point in the butt. Right is right and wrong is wrong. Justice will be served, just hope I will be around to witness it though may not be able to benefit from it. As for Gildert, if he won he would be a hero, he lost so he's a zero. Well I am starting to question his integrity as an attorney. There are so many questions lingering out there which makes one really question whether he has done his job because if he has done his job we wouldn't be pounding away on this forum looking for answers. Its his job to give us answers isn't it? Were we just lead along so he could belly up to the $$ trough time and time again?? As a surgeon friend of mine once said, "you will always be judged by your last failure." Well Mr. Gildert you will have to tuck this one way back in your portfolio of accomplishments in order to save face as an attorney. He and Witherspoon really lost my trust in the settlement negotiations. I emailed him and asked him what exactly he thought he gained with this settlement as most are not able to afford it. His response was NM was initially not willing to let us out of the timeshare, but at least with this settlement they are willing to charge us to get out. Really??! Back to my original point, most can't afford it so what's the point. He said ones obligation to pay and ones ability to pay are often at odds. Then again, how can you even come to us with this as a so called "settlement??" I have always heard the sign of a successful negotiation is when neither side is happy with the result. That is certainly not the case here!! NM got him at the table and said Mikey boy you and your group of hold outs are screwed. Here's what we want....period. Any leverage we may have had as a group, he let go as he suffered one loss after another in the courts. If he some how turns this around so the settlement is reasonable, I will eat every word and send him a written apology. Hard to be a loser, but even harder when you know have been LEGALLY taken advantage of. Gods speed to this group!!

 

[Spark1]

Sunchaser's official site regarding Owners Timeshare Agreements schedule #2003 Prospectus article #13. Default of the Buyer "that the lessee hereby to relinquish all rights and responsibilities of the lessee and hereby irrevocably appoints FRP, its successors and assigns, as its attorneys to transfer ownership of the vacation lease in such event". Further "The terms of this contract shall be binding on the Lessee(s)". It is #14 in my contract. does anyone have an opinion of the article?

This is similar to item number 13 of our Iease agree. MG said he had TS owners release for $1.00 at the Kelowna Resort. Our resort is being used to extort millions because of its size and they they got away with this before same people.

 

[Spark1]

Filing a complaint with the law society of BC - IMPORTANT!

As I was filling out the form and referencing back to the SIF we signed to have MG negotiate for us, I noticed something interesting. The form give MG permission to sign on our behalf if the settlement is reached by mediation or arbitration - no question there. However he clarified this in an email to us on Nov 6, ''Should the settlement discussions develop into an agreement that we believe can be recommended to you, we will provide a copy to the group for final input prior to finalizing those terms.'' So he had 3 options. Negotiate and come back to us for input. Use a mediator. Use an arbitrator. Those are the conditions under which we signed the agreement. I don't believe he had the authority to sign for us (under the circumstances he did) and therefore do we really have a deal with Northmont? This will be a big part of my complaint to the law society. Please join in!!

And Alberta. This is unfair practices and this Supplier is from Alberta KW the unfair practice is made in Alberta and involves a supplier’s representative.