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

[dotbuhler]

Is there anyone here that is not part of the "secret" FB group? Anyone that isn't a client of Geldert that can take up the fight against Northmount based on the Fair Trade Act (now Bill 31)?[/QUOTE I fired Geldert as my lawyer via email and registered letter. I was kicked out of the "secret" fb group for belonging to the other group. But I suspect you are looking for someone who never signed on to the Geldert gravy train. I have already emailed the B.C. Law Society re: misrepresentation and other issues regarding MG. I have notified the Barry King law firm in Sherwood Park, AB. as well.

 

[aden2]

To our American friends; I hope you contact the Canadian Ambassador about this shameful time share business. Don't forget to mention their headquarters is in Calgary. Here in Alberta we have some type of consumer protection but toget our politicians to move on it is another thing. Years agot there was an audit done and turned over to the RCMP, a Supt. Frank Smart was in charge. He now is now in charge of southern Alberta located in Taber, AB. Why is there a 20% fee added on, contract is 15%; another contract change!

 

[Scammed!]

Do you know with 1,300 people if 100 letters are sent out per family that equals 130,000 emails and faxes! Please don't sit and do nothing. I'm going to be sentenced on the 9th of January for a crime I did not commit. I am not an owner....I have been misrepresented. I'm just a mother that wanted to spend quality time with my family leasing a timeshare.

 

[torqued]

To our American friends; I hope you contact the Canadian Ambassador about this shameful time share business. Don't forget to mention their headquarters is in Calgary. Here in Alberta we have some type of consumer protection but toget our politicians to move on it is another thing. Years agot there was an audit done and turned over to the RCMP, a Supt. Frank Smart was in charge. He now is now in charge of southern Alberta located in Taber, AB. Why is there a 20% fee added on, contract is 15%; another contract change!

That’s a good idea. I’ll send a letter to the American Ambassador to Canada and the Canadian Ambassador to America. Likely response will be that it’s a legal matter and we can’t help

 

[melamike]

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

Thanks for this Eric - it is very obvious to me that our lease agreement is different than the one M.G. brought to court. He did us such a disservice. The one thing I noticed right away ( because i’ve done some research on interest rate law and posted my findings on this page) is that they fixed the interest rate clause in JEKE version on the contract. The interest rate now shows the annualized rates where the old ones do not, and therefore are limited to 5% interest not 26%
Does anyone have the same version that M.G. used in court? Could you post it so we can see where else it differs?
I’m considering 2 actions in small claims court against M.G. on breach of contract and against Northmont on the illegal interest rate charges.

 

[Bewildered]

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!!

.

My thoughts exactly, I personally have sent my letters, talked to my MPs aide and plan on phoning my MLA again, spoke to 3 Lawyers I know and I have come up empty. The TUGS group is obviously spread out between Canada and US so we have a bit of a split group to begin with and by the amount of posting on here it doesn’t look like we have a lot of horsepower to tell you the truth. Maybe all this talk about interest rate can be ruled on later in another lawsuit but right now if nothing changes I see no option other than paying the ransom to the Northmont frauds. It’s outrageous when you think about it.

 

[Palms to pines]

Yes, I have sent letters too. Some get no response at all. Interval International and RCI both responded to say basically that they sympathize with our situation but they have no influence over timeshare companies conduct, they just search out vacations. Alberta Law Society only handles issues with lawyers hired in Alberta. We did not hire Alberta lawyers, Micheal Geldert did. Of course, we paid for them.

 

[Jack0123]

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.

By Chance if we get a bill for additional lawyer fees and don't pay, do you think he will sue us?

 

[torqued]

I agree. The group has a lot of great ideas but the courts have ruled. They won we lost. Now the question is how much $, and do we as a group or as individuals have any legal leverage or rights with regard to the interest rate charged. The rest as I see it is exposing NW to the public and gov in order to put them on notice. I would love to decree a mistrial and go back and put the screws to them but I can’t.

 

[torqued]

By Chance if we get a bill for additional lawyer fees and don't pay, do you think he will sue us?

Don’t know but he probably won’t process the paperwork for your payment. Bent over the barrel once again

 

[Scammed!]

I agree. The group has a lot of great ideas but the courts have ruled. They won we lost. Now the question is how much $, and do we as a group or as individuals have any legal leverage or rights with regard to the interest rate charged. The rest as I see it is exposing NW to the public and gov in order to put them on notice. I would love to decree a mistrial and go back and put the screws to them but I can’t.

Yes they did win due to lies deceit and misrepresentation. No the question is not how much money yet.....its who have you forgotten to report this to? I'm not going to roll over and die giving up my hard earned money to the biggest scam in Canadian History, until I have turned ever stone to find that one rock beneath, that will stand up for our rights and put a stop to this. I'm trying to stay positive in the worst circumstances, and I believe there is someone out there that can do something......As a group we are all over the place just the way they wanted us to be.... so we have to stay focused and continue fighting this battle. I just wrote another letter and I'm emailing them now.... 100 emails x 1300 people = 13,000.00 people who will hear our story. Stay focused......fight till the end.

 

[Tacoma]

This was sort of recommended on the other site so not entirely my idea but here goes. Let's say we pull a play from MG's playbook where we say we are going to pay but don't. (Like he led Northmont to believe many were settling in March) Then they have to come after us individually to collect expensive and time consuming and the collection agency takes a hefty fee. Can they collect more than the judgement is for now? Can they ever collect more? Most of us are past the time in our lives where a good credit rating makes a lot of difference. What can they do to us even if we signed option 1? I do not believe my lawyer negotiated in good faith.

 

[torqued]

I don’t think he negotiated in good faith either. A case study for a Canadian law school could be written on how not to litigate a class action law suit. However at this point what are our options and what are the possible repercussions with each option. Pay, don’t pay, partial pay.

 

[Bewildered]

I agree. The group has a lot of great ideas but the courts have ruled. They won we lost. Now the question is how much $, and do we as a group or as individuals have any legal leverage or rights with regard to the interest rate charged. The rest as I see it is exposing NW to the public and gov in order to put them on notice. I would love to decree a mistrial and go back and put the screws to them but I can’t.

Torqued, I would just say continue to phone and send emails because I personally know of some people that are getting a little traction with their MLAs. If we make a big enough stink maybe the elected officials will start getting nervous and do something. Plus I am amazed and enraged that the media in this country of Canada wouldn’t be interested in this, I guess they prefer to be spoonfed the BS they put on the news every night, like how many followers a travelling pot belly big is getting on his trip with his owners - pathetic, while a 40,50,60? million dollar fraud is unfolding right in front of them?
If anybody has a media contact, Monday is the day you will be getting your actual bill (ransom) from Geldert. Our last chance.

 

[Bewildered]

Yes they did win due to lies deceit and misrepresentation. No the question is not how much money yet.....its who have you forgotten to report this to? I'm not going to roll over and die giving up my hard earned money to the biggest scam in Canadian History, until I have turned ever stone to find that one rock beneath, that will stand up for our rights and put a stop to this. I'm trying to stay positive in the worst circumstances, and I believe there is someone out there that can do something......As a group we are all over the place just the way the wanted us to be.... so we have to stay focused and continue fighting this battle. I just wrote another letter and I'm emailing them now.... 100 emails x 1300 people = 13,000.00 people who will hear our story. Stay focused......fight till the end.

Thats the spirit, that’s all we have unless someone steps up, disappointed that the Facebook group hasn’t joined forces somewhat but I understand their concerns, Northmont and M.G. for that matter most likely monitoring and aware of everything being discussed.

 

[justiceisajoke]

I don’t think he negotiated in good faith either. A case study for a Canadian law school could be written on how not to litigate a class action law suit. However at this point what are our options and what are the possible repercussions with each option. Pay, don’t pay, partial pay.

I did not know we were a class action law suit, I was under the impression we were a litigation group trying to determine if there was basis for a class action law suit.
Am I wrong? I don't know much anymore.

 

[justiceisajoke]

This was sort of recommended on the other site so not entirely my idea but here goes. Let's say we pull a play from MG's playbook where we say we are going to pay but don't. (Like he led Northmont to believe many were settling in March) Then they have to come after us individually to collect expensive and time consuming and the collection agency takes a hefty fee. Can they collect more than the judgement is for now? Can they ever collect more? Most of us are past the time in our lives where a good credit rating makes a lot of difference. What can they do to us even if we signed option 1? I do not believe my lawyer negotiated in good faith.

Sounds "fun"!! The only person at this point that can answer ANY of these questions is a RELIABLE lawyer.

 

[Bewildered]

This was sort of recommended on the other site so not entirely my idea but here goes. Let's say we pull a play from MG's playbook where we say we are going to pay but don't. (Like he led Northmont to believe many were settling in March) Then they have to come after us individually to collect expensive and time consuming and the collection agency takes a hefty fee. Can they collect more than the judgement is for now? Can they ever collect more? Most of us are past the time in our lives where a good credit rating makes a lot of difference. What can they do to us even if we signed option 1? I do not believe my lawyer negotiated in good faith.

If you don’t mind me asking what’s the other site, would like to see what discussion is happening there. As for your question, thats the last worry is my credit rating but speaking with lawyers I know, the collection agency can make your life very miserable after a court decision like we are facing and I have yet to hear that there is not a possibility of trying to garnishee wages etc??

 

[torqued]

I did not know we were a class action law suit, I was under the impression we were a litigation group trying to determine if there was basis for a class action law suit.
Am I wrong? I don't know much anymore.

I may have misspoke in my ignorance about the class action law suit. I’m not sure what we were in other than it ended in a mess

 

[torqued]

Sounds "fun"!! The only person at this point that can answer ANY of these questions is a RELIABLE lawyer.

I agree. Would be nice to have the legal questions answered

 

[Tanny13]

Do you have an update?

I’m hoping to hear something tomorrow. He is reviewing documents.

 

[Late2Game]

My thoughts exactly, I personally have sent my letters, talked to my MPs aide and plan on phoning my MLA again, spoke to 3 Lawyers I know and I have come up empty. The TUGS group is obviously spread out between Canada and US so we have a bit of a split group to begin with and by the amount of posting on here it doesn’t look like we have a lot of horsepower to tell you the truth. Maybe all this talk about interest rate can be ruled on later in another lawsuit but right now if nothing changes I see no option other than paying the ransom to the Northmont frauds. It’s outrageous when you think about it.

"Empty" you say? As in no opinion OR no merit in continuing along legal avenues?

Is it just me or does anyone else here wonder why when this dispute first arose, three law firms readily jumped to service and then two of them quickly retreated to the side? Was this a matter of "professional courtesy" or just good judgement?

.

 

[Spark1]

To our American friends; I hope you contact the Canadian Ambassador about this shameful time share business. Don't forget to mention their headquarters is in Calgary. Here in Alberta we have some type of consumer protection but toget our politicians to move on it is another thing. Years agot there was an audit done and turned over to the RCMP, a Supt. Frank Smart was in charge. He now is now in charge of southern Alberta located in Taber, AB. Why is there a 20% fee added on, contract is 15%; another contract change!

Thanks Aden I went to Service Alberta with documents including the Pay the cancellation and you are not cancelled Agreement and they went threw the documents and 2 hours later they moved every thing to the RCMP. I will be phoning him. My documents were moved Jan 2013 but Service Alberta Sat on it.

 

[Ultimate_Betrayal]

There have been many people comment related to conversation they have had with MG and one indicated MG was actually in contact with Judge Young related to costs and interest rates which was pointed out to be totally irregular for the courts to do so by another individual. Is there anyone who thinks he may come back with a last minute hail mary revised settlement offer that say removes the 20% surcharge and the initial sticker shock was to make us more compliant to accept a marginally better settlement?

Has anyone received a copy of the actual settlement agreement?

This would have been the document our council and Northmont’s representative would have signed to create the settlement agreement and lays out exactly what we are bound to through the terms negotiated and mutually accepted between the two parties. This should not be a secret and I am not referring to Dec 19th update with David Wotherspoon opinion how good of a job the two of them did.


This is very important as it is the key to everything and if you have it please email it to me back123@shaw.ca as soon as you can.


I have requested this and the reply back was answered with "you must be confused and have been provided everything" type of response. My second request that spells out exactly what I want has gone unanswered. I get a real sense of avoidance.

We need to demand this and if you have any follow-up with him limit the narrative to just this one subject request. Do not allow him to change the narrative of your request as I truly believe he will play you and tell you something different to avoid providing this document.

I cannot see in any way he acted truly on behalf of his clients or at the direction of his clients with what he has done and provided us. His SIF form is serverily tainted so at this point I think he is relying totally on this as his consent from us. Pretty sure he now realizes this and there is no course he can take to fix things so must ride it out and worry about repercussions later with the hope we will give up or has his own exit plan thought out already.

What if he screwed up in the interpretation of these executed documents and things are actually worst or better for us which was missed - I should have the opportunity to judge for myself and seek advice (something else he is denying all of us by keeping them secret)

 

[Spark1]

To our American friends; I hope you contact the Canadian Ambassador about this shameful time share business. Don't forget to mention their headquarters is in Calgary. Here in Alberta we have some type of consumer protection but toget our politicians to move on it is another thing. Years agot there was an audit done and turned over to the RCMP, a Supt. Frank Smart was in charge. He now is now in charge of southern Alberta located in Taber, AB. Why is there a 20% fee added on, contract is 15%; another contract change!

Aden were you in the court room on May1/2017. They Reid’s against Northmont and the bill collector the civil case. Justice Young on May 1 was talking about us Albertan’s would win your case and you Albertan’s will not pay one thin dime and it would not be fair BC timeshare owners would have to pay every thing at the resort. Then she commented about Tieing up the courts in Alberta. I wonder if this is the reason she decided to give her fellow Albertan’s a multi million dollar bill. Was any of you at that trail in Edmonton. This is what screwed us and at that trail they already in April,which I did not know,made unilateral amendments to contracts. MG never told me this and I emailed him Dec13 to tell him what a Lease Agreement was according to the Canadian Consumer Handbook and he still did not tell me. I found out when I down loaded the Read Case and there it was 700+ VIA’s. This is Fraud and Northmont must use the Modification item of our Lease Contract. If Justice Young ruled the other way we would of been able to use the Fair Trading ACT. I asked MG why she was mumbling in court and he said the FTA was bought up. This is not right. My contract is a lease contract and by them using Fraud to change it I have no contract.