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

Bewildered

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I don’t think there is a Hail Mary coming as I know someone who is leaving for vacation and was told straight out by M.G. the cheque needed was $24 G
 

aden2

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Yes, I was at the hearings in Edmonton. I opted out of MG deal. I am waiting for the judgement so I can file an appeal. In the meantime I have asked to have an appointment with the minister for Service Alberta.
 

Spark1

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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.
That does not matter. Your contract is yours not the Lawyer. MG did not sign those you did. They can Modify but that doen’t Mean your original Lease is gone. They have to follow the Modification to Lease and they did not. This bill 31 passed Dec.31 prohibiting businesses from making unilateral amendments to contracts, unless the consumer is provided advance notice and given the right to cancel the contract. Every one should download Alberta. Consumer Protection changes.
 

Spark1

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Yes, I was at the hearings in Edmonton. I opted out of MG deal. I am waiting for the judgement so I can file an appeal. In the meantime I have asked to have an appointment with the minister for Service Alberta.
If you bought a new car and stopped making payments they take the car back so we now stop payments to Northmont and they can have their worthless junk back. Stop paying we own nothing. Every one should file a Injunction against Northmont. This is a judicial order that restrains a party from continuing a action threatening or invading the rights of another,or that compels a person or persons to make restitution to the defendant.
 

Spark1

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Yes, I was at the hearings in Edmonton. I opted out of MG deal. I am waiting for the judgement so I can file an appeal. In the meantime I have asked to have an appointment with the minister for Service Alberta.
Did you hear her? I filed a compliant against her. I new at that time we would loose the case with tainted contracts.
 

MarcieL

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That does not matter. Your contract is yours not the Lawyer. MG did not sign those you did. They can Modify but that doen’t Mean your original Lease is gone. They have to follow the Modification to Lease and they did not. This bill 31 passed Dec.31 prohibiting businesses from making unilateral amendments to contracts, unless the consumer is provided advance notice and given the right to cancel the contract. Every one should download Alberta. Consumer Protection changes.
I know a lady who contacted Service Canada she was told there was a file opened in 2013 investigation was done as all was kosher a forensic audit no less. He blew her off saying it was a civil matter. I hope you have better luck. The bureaucracy is alive and well.
 

Inquiringmind

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Remember, YELP is posting Lawyer reviews, for a starter.The Provincial Law Review process is available to each and everyone, as well, at no cost to you. Being vocal is our best recourse at this point.
If 12,000 lessees paid $10,000 each to get out of this debacle the total amount paid would be 1 hundred20 million $. It was $15 Thousand each it would be 1 hundred eighty million $ why wouldn’t NM Go for that. They could do anything they wanted with that amount of money with the resort
 

Spark1

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I can only respond by saying I am extremely disappointed and hope that someday Kharma or whatever catches up to Wankel and the people who manage this fiasco. Shame on you !!!
Shame on the shady management company that bought a resort for cheap, did little to nothing to improve it and then give the illusion to want to make a go of it when we all know it is doomed to fail. Let's not kid ourselves the bulk of that money is not going towards the Resort itself. This venture was doomed to fail as soon as they took over. As soon as it happened and they started about the paying to stay or leave I wanted out.

The courts have once again been a disappointment. It does not appear as though they ever took into account the poor management practices of Sunchaser or the financial burdens this imposes on us all. What they have done is absolves Sunchaser of mismanagement and poor business practices and given them carte blanche to print money. What management company doesn't set aside monies for eventual repairs/maintenance? that get away with not providing annual statements? ....

As for our litigation group I can only be honest and say that I am extremely upset that we were made to believe that this could be appealed based on their initial messaging and positive language. I honestly viewed this group as standing up for the individuals to do the right thing and get some justice. I never expected to not have to pay anything but what is being suggested right now is ridiculous....

I assume, like us, that most of you were initially swayed into buying by the promise of "worry free" vacationing at a reasonable price, that it would be "something to be proud of for years to come" and allow us quality vacations with our families. Based on that what was there to lose? Worst case in years to follow we turn it in if we do not use it anymore and lose our $10,000+ "investment".
Fast forward a few years, maintenance fees have more than doubled, Platinum Club (which cost an additional $!00 year) folded, Interval fees (over $100/year for gold), lock off fee of $100+ and then.... when not using Fairmont putting our weeks into Interval which amounted to very little as the resort was low demand year round so very little exchange power for other resorts.
SO a week of holiday averages to about $2500/week. And during our last stay, more than 5 years ago, the room we stayed in was pitiful condition. SO MUCH for quality and affordability.

Today, after 2+ years later of litigation and not having used the resort since 2011 (given all the aforementioned)..... I will find myself having to pay $1000+ in legal fees as well as several more years of maintenance fees and accrued interest rather than having initially paid what these vultures and absolutely crooked management company wanted.

What reasonable person wouldn't be pissed. I have felt sick every time I have to deal with this matter and am incensed at the way this has concluded. Not sure I have ever been so angry or disappointed with something in my life. I am at a loss, I will now bite my tongue. I have said my piece and if it sounds like sour grapes and whining well it is and why wouldn't it be. I have NO idea where the money is going to come from to pay for this.
File a injunction. You can do it yourself.
 

MarcieL

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That does not matter. Your contract is yours not the Lawyer. MG did not sign those you did. They can Modify but that doen’t Mean your original Lease is gone. They have to follow the Modification to Lease and they did not. This bill 31 passed Dec.31 prohibiting businesses from making unilateral amendments to contracts, unless the consumer is provided advance notice and given the right to cancel the contract. Every one should download Alberta. Consumer Protection changes.
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.

Being fraud that is an entire different case.
 

MarcieL

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I don’t think there is a Hail Mary coming as I know someone who is leaving for vacation and was told straight out by M.G. the cheque needed was $24 G

24 k sounds good to me, mine is 40 k on a fixed income in our late 70's!
 

Bewildered

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Sunchaser
I don’t think there is a Hail Mary coming as I know someone who is leaving for vacation and was told straight out by M.G. the cheque needed was $24 G
24 k sounds good to me, mine is 40 k on a fixed income in our late 70's!
I sure hope you have emailed, phoned everyone you can with a simple message of how you are being held ransom for something you paid good money for, haven’t even been allowed to use, charged 27% compounding interest and now being asked for additional 10 of thousands to get out. Sounds criminal to me.
 

MarcieL

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I have contacted many people. It is criminal, I also spoke with a criminal lawyer! Only problem he charges 500.00 per hour and i cannot afford anymore legal fees.
 

easy prey

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Do I think this will have a positive outcome for us? No. Do I think northmont/wankel must be exposed? Yes.

I am reposting some email addresses for some media outlets and adding another, mclaughlinonyourside@ctv.ca marketplace@cbc.ca fifthtips@cbc.ca gopublic@cbc.ca

I also believe geldert should also be investigated by whatever governing body oversees lawyer's conduct.

Again, I am appealing to the members of this group to take these actions as well as any other actions they see fit i.e. contacting m.p.'s, m.l.a.'s, filing with RCMP, cdn anti faud center.
 

Spark1

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Ponoka alberta canada
Yes, I was at the hearings in Edmonton. I opted out of MG deal. I am waiting for the judgement so I can file an appeal. In the meantime I have asked to have an appointment with the minister for Service Alberta.
Just remember every one they stop us from using the resort. We had full extensions of using this resort for years. They took the right to use the resort from using the vacation Villa Lease Contracts that we signed. So now they want Hugh Maintenance fees for something as consumers we did not get. This is why I fired MG. We did not ask him to do what he is doing. You can not hold us ransom because we did not swallow their pills. Remember the fony Cancellation. Remember the scam modification and us going in the court room in Edmonton not knowing we were VIA’s. I feel they even got the courts bought of. I am happy Aden new where the RCMP Frank Smart is located and it would drive out to talk to him. I am not falling for this scam or their insane numbers. What screwed us were the the time owners that paid and many will pay more with that cancellation.
 

Spark1

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If you pay the cancer will carry on and other innocent people are going to get hurt. We can not be Lazy let’s get after all governments so they realize how crooked the timeshare industry is. I will next go after the MP’s of the federal government. Stop the Cancer.
 

dotbuhler

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May 12, 2013
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Sheho,SK, Canada
My next trial needs to be a jury matter. Seems that would be much more productive given the miscarriage of justice we have suffered thus far.
 

MarcieL

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not sure If I really believe M.G has been in touch with Judge Young regarding the interest charges, sounds like that may be fake news?

Totally concur!
 
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