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

[Scammed!]

You can't stop the waves....but you can learn to surf...~~~~~~~~~~~

 

[Scammed!]

Just trying to wrap my head around why the dollar amounts being mentioned are so high. Now I am scratching my head on what outcome MG promised to secure. I understand from the JEKE filing that JEKE wanted to invalidate the contract and walk away.

But is that true of everyone? No one wanted to stay and just wanted to stop the realignment?

Also what has been going on at the resort during all this mess? Has NM started the refurbishments?

Yes they did! I'm personally not into the use of plywood as it gives it a rustic look....I'm more into modern contemporary design.

 

[justiceisajoke]

Actually if Geldert would have used the FTA (Fair Trade Act) of Alberta we probably wouldn't have had to pay the maintenance fees. The FTA stated that a person did not have to pay for products or services not rendered and Northmount denied people access unless they paid the RPF. The FTA has now been revised to Bill 31.

The saddest part for me right now is this...I'm starting to wonder if I don't trust Northmont more at this point. (I'm sorry, but it's true). At least they were always upfront, even if they were upfront about being "sleazy" and "screwing" us over.
Looking back now, I'm starting to wonder if I couldn't have devised a better legal defense strategy on my own. It would appear that some pretty "basic" and "vital" key points were neglected.

We have personal friends, that settled with Northmont and walked away paying nothing other than what they put in initially. They have never heard from Northmont since. The key is, they retained legal counsel and had it all wrapped up before a ruling was made in the JEKE case. I believe we were "screwed" back then. I suppose I trusted that my legal counsel would have advised me of such back then too? Shame on me.

It's all a case of "shoulda, coulda, woulda's" now....

 

[justiceisajoke]

Just trying to wrap my head around why the dollar amounts being mentioned are so high. Now I am scratching my head on what outcome MG promised to secure. I understand from the JEKE filing that JEKE wanted to invalidate the contract and walk away.

But is that true of everyone? No one wanted to stay and just wanted to stop the realignment?

Also what has been going on at the resort during all this mess? Has NM started the refurbishments?

Commencement of refurbishments confirmed, 2/3 of the time we had in our short relationship with Fairmont was spent in rundown units with black mold in the showers and construction chaos all around us. Construction usually started at about 7 a.m.
And, to the best of my recollection the hot tub was not NOT in operation during ANY of our visits, there was a "square concrete hole full of over chlorinated hot water" outside at our disposal however....

 

[Palms to pines]

I think not Legacy for Life, an actual contract that is called a Coownership Certificate. If that is what Jeke had ,the title alone would have mislead the judges.If MG failed to describe clearly the different types of agreements he let all of us with leases become something we are not. Where is an authority with some clout to halt this and have justice department or RCMP investigate? How can we cash in our TFSAs to hand over to Northmont. It is unconscionable.

 

[CleoB]

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Government Contacts - Provincial Alberta
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https://www.ourcommons.ca/Parliamentarians/en/members?currentOnly=true&province=AB


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??? Other Categories ???


Last Added: Media Contacts for CBC

Bringing this forward

 

[CleoB]

I think not Legacy for Life, an actual contract that is called a Coownership Certificate. If that is what Jeke had ,the title alone would have mislead the judges.If MG failed to describe clearly the different types of agreements he let all of us with leases become something we are not. Where is an authority with some clout to halt this and have justice department or RCMP investigate? How can we cash in our TFSAs to hand over to Northmont. It is unconscionable.

From my understanding we were supposed to be shielded from the JEKE decision until Geldert opened his mouth and said ALL the contracts mirrored JEKE. Belfry's initial thought was to take over the resort and punt out Northmount. I believe Geldert/Belfry acted in Belfry's interest and not in Geldert's entire clientele.

 

[Huckleberry]

Who was it who said they were engaging the RCMP Fraud department? Please contact me I have a few files I'd like to share with you.

I was wondering, since our contracts were all converted by the law to JEKE's. I never did get a copy of what my contract now looks like. My original contract stated what Maintenance was (strangely renovations wasn't listed) but I am to understand it doesn't matter anymore.

 

[Jack0123]

I am more than willing to file a complaint against our lawyer. I am however staying in and paying to get out (I know my costs this way and will finally have closure) so I am worried about filing a complaint before I have my get out of jail card for only $25000 (aprox). Is anyone else in a similar situation? I have actively sent letters to people in AB/BC government and at the federal level so don't think I'm meek or mild. Only one response so far- not her problem- but she did forward it to someone else. When I contact MG I will be stating how I feel I was lead like a lamb to the slaughter because of his false promises. I almost paid the $13800 in March but because of this advice directly from my lawyer I changed my mind.

"I consider the payment of the Scaled Settlement Fee a reasonable option only where the individual VIA Owner has determined that they prefer to pay their way out of this Resort, can afford to do so prior to May 9, 2017, and do not want to risk being responsible for future Resort costs. Where the individual VIA Owner is not in a position to afford to pay the price Northmont requires or where they prefer to have the managerial decisions made by Northmont scrutinized before making a decision, I consider the Scaled Settlement Fee wholly unreasonable." MG's e-mail of Mar 13th

Sorry I don't know how to correctly format this but it is advice from MG on Mar 13th about whether we should settle or not. Then on Mar 22nd we received an update that can only be seen as an attempt to convince us to move forward with the court case. I do not want to copy it all (if you are members of the litigation group I hope you saved your emails) where there were statements made that lead myself (and probably many others) to believe we still had a very strong case. It mainly discussed the fact that Northmont had to pay their share of the fees and they own 50% of the resort.

Before signing the SIF (option 1) our lawyer stated "Neither side of this dispute wants a repeat of the last settlement discussions that failed to resolve the dispute between you and Northmont. " I maintain this is absolutely false as the previous e-mails continued to give us false hope (to keep us in the group) and he deliberately mislead Northmont as to how many clients were actually taking the settlement offered in March. I remember his glee at the fact that he had led them to believe the numbers paying to get out would be much higher so they had to frantically serve new documents before our court case in Edmonton in April. He acted like a kid who had pulled a great joke over on everyone.

Then as you know the group was reassured that by signing option 1 on the SIF we would still have an opportunity to reject it before an agreement was finalized. This promise also has not been kept.

So I guess my comment is I am willing to file a complaint but am nervous to do so until after I have my release. It seems that because of the way this case was dealt with we have "no moral currency left" to negotiate a better deal. Unless the judge or someone decides this is wrong and acts quickly to save us I fear things will only get worse.

Tacoma

Only 25,000? are you joking only

 

[Tacoma]

Unfortunately not. I leased a one week annually. My bill is around $20000 and add the 20% so $24000. I'm sure there will be more lawyer fees to pay so I assume around $25000. At least I had already paid the 2013 maintenance fees or it likely would have been at least $3500 more.

 

[Tacoma]

I never call Geldert but can someone please ask what type of contract JEKE had. Does anyone else think it's ridiculous that we're this far in and none of us seem to actually know.

 

[CleoB]

Just trying to wrap my head around why the dollar amounts being mentioned are so high. Now I am scratching my head on what outcome MG promised to secure. I understand from the JEKE filing that JEKE wanted to invalidate the contract and walk away.

But is that true of everyone? No one wanted to stay and just wanted to stop the realignment?

Also what has been going on at the resort during all this mess? Has NM started the refurbishments?

Yes JEKE wanted to invalidate the contract but at first it wasn't to walk away but I think to take over the resort. I personally wasn't looking to stay or leave (wasn't sure) but to refute the RPF. I didn't feel as leasees that we were responsible for capital improvements and told Geldert as much.

 

[CleoB]

Who was it who said they were engaging the RCMP Fraud department? Please contact me I have a few files I'd like to share with you.

I was wondering, since our contracts were all converted by the law to JEKE's. I never did get a copy of what my contract now looks like. My original contract stated what Maintenance was (strangely renovations wasn't listed) but I am to understand it doesn't matter anymore.

Correct, you have been painted with the JEKE contract.

 

[Palms to pines]

We signed on with MG because we did not see that leasing time made us responsible for anything more than general maintenance, replacement of broken dishes, lawn care etc. We did not buy buildings, why would we pay to reconstruct them?? Also, we were concerned having to pay over $3,000.00 to get rid of our timeshare seemed to mean that what we thought was an asset now was far less than worthless. Never did we think we were trying to take over the resort or just walk away. We loved our timeshare- Fairmont and exchanges.

 

[ecwinch]

I never call Geldert but can someone please ask what type of contract JEKE had. Does anyone else think it's ridiculous that we're this far in and none of us seem to actually know.

The bulk of JEKE's contract is on pg 115 of the JEKE v NM judgement. It is referenced as a VIA, but based on the court's reasoning I believe every contract has the same or similar paragraph 9 - which is what the court ruled as making lessee's responsible for refurbishment costs.

http://sunchaservillas.ca/wp-content/uploads/2013/04/JEKE-v.-Northmont-Judgment-Highlighted.pdf

 

[Scammed!]

Bringing this forward

Forward it is!

 

[Scammed!]

CONTACTS FOR GETTING HELP - GETTING HEARD


Media Contacts


Government Contacts - Provincial Alberta
Alberta Consumer Protection Line: 1-877-427-4088 (toll-free)

Honourable Kathleen Ganley
Alberta Minister of Justice and Solicitor General
Members of Executive Council
Executive Branch
424 Legislature Building
10800 - 97 Avenue
Edmonton, AB
T5K 2B6
Phone: 780 427-2339
Fax: 780 422-6621
E-mail: ministryofjustice@gov.ab.ca

Alberta MLAs: Click Here for Alberta MLAs


Government Contacts - Provincial BC
BC Ministry of Attorney General
Honorable David Eby, Minister
JAG.minister@gov.bc.ca


Government Contacts - Federal
Canadian Anti-Fraud Centre: 1-888-495-8501 or through the Fraud Reporting System (FRS):

Here is a link to all the MP's in BC , phone numbers and email addresses
https://www.ourcommons.ca/Parliamentarians/en/members?currentOnly=true&province=BC

Legal Organization Contacts
British Columbia Law Society: professionalconduct@lsbc.org
Alberta Law Society (link to submit form): https://www.lawsociety.ab.ca/public/providing-information-concerning-a-lawyer/intake-specialist/


??? Other Categories ???

There it is....Be willing to defend your rights it's the only truth out there.

 

[Palms to pines]

I have just read the above. What we have is a vacation villa lease from Feb. 1997. This lease does have a paragraph 9 similar but reference still maintenance and repairs, annual assessment of things like furniture, window coverings etc requiring replacement. From what I read and could comprehend the JB case is a vacation interval agreement. It appears the contracts were all amended to be this one. No mention of wanting to take over the resort but this is not the transcript of the initial test case. JB contract is prior to 2009.

 

[Scammed!]

I have just read the above. What we have is a vacation villa lease from Feb. 1997. This lease does have a paragraph 9 similar but reference still maintenance and repairs, annual assessment of things like furniture, window coverings etc requiring replacement. From what I read and could comprehend the JB case is a vacation interval agreement. It appears the contracts were all amended to be this one. No mention of wanting to take over the resort but this is not the transcript of the initial test case.

Ours is older then that and it states lessees all over it......The judges have been mislead that we are of the same as JEKE and now owners. There's a word for it but I'm getting old and can't think of it right now....Anyways that's what maintenance fees are for to fix up the place....that is if the monies are not mismanaged.............

 

[Petus@18]

Other suggested contacts:

info@ethicscommissioner.ab.ca
wildrosecaucus@assembly.ab.ca
committees@assembly.ab.ca
communications@cfcj-fcjc.org
Intake@eclc.ca

 

[Late2Game]

Well, it’s really quite the debacle we have here, no question. Lot’s of interesting thoughts and ideas have been floated. But to be honest the last several days have been a bit like “groundhog day” -- a lot of noise and EMOTION but little new substance.

Yes, MG has not given us a lot of time to think through our options, BUT it has been one week. In that timeframe, has anyone sought out new legal counsel, successfully retained counsel, AND received an OBJECTIVE ASSESSMENT (stripped of emotion) of our options and odds of improving on the "negotiated" settlement?

Or how about some legal opinions from WITHIN the group? God knows in group of 1300+ people you will have business people, teachers, homemakers, engineers, garbage collectors, preachers, programmers AND some LAWYERS and even JUDGES! So where are the latter two in this group for a legal opinion of where we stand today?? Noticeably silent, or just absent as they wisely left the scene of this debacle a long time ago!!

.

 

[Petus@18]

I have been in touch with another lawyer, reviewing our predicament. If you have chosen to not accept the settlement and want to pursue a different avenue to reduce interest and costs please email me with your contact info to thebestboy@me.com. We are trying to get an idea of the number involved.

Do you have an update?

 

[melamike]

You should ask your lawyer friend to refer to the Judgement Interest Act of Alberta.

IMHO - your lawyer friend is not correct

Case in Point
In April 2004, the Supreme Court ordered Enbridge Gas Distribution to pay back late payment penalties charged to gas customers that exceeded the limit on interest rates in the Criminal Code. This decision provides a reminder that companies that are not careful in setting interest rates can get into trouble.


Rules on interest rates

There are two sets of federal rules on interest rates. The first is found in the Interest Act. It says that:

• Parties are free to set any interest rate or discount.
• If an agreement provides for interest, but does not say in what amount, the rate is 5% per annum.
• If interest is expressed as a rate over a period of less than a year (eg, daily, weekly, or monthly rates), the equivalent annual rate must also be stated, otherwise the rate is 5%. This rule does not apply to mortgages.

From the Canadian Interest Act

When per annum rate not stipulated
4 Except as to mortgages on real property or hypothecs on immovables, whenever any interest is, by the terms of any written or printed contract, whether under seal or not, made payable at a rate or percentage per day, week, month, or at any rate or percentage for any period less than a year, no interest exceeding the rate or percentage of five per cent per annum shall be chargeable, payable or recoverable on any part of the principal money unless the contract contains an express statement of the yearly rate or percentage of interest to which the other rate or percentage is equivalent.

• R.S., 1985, c. I-15, s. 4;
• 2001, c. 4, s. 91.

 

[Broke Mama]

Only 25,000? are you joking only

Some of us in Washington state are grouping together if you want to talk.

 

[Broke Mama]

Unfortunately not. I leased a one week annually. My bill is around $20000 and add the 20% so $24000. I'm sure there will be more lawyer fees to pay so I assume around $25000. At least I had already paid the 2013 maintenance fees or it likely would have been at least $3500 more.

Me too the same amount.