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

[truthr]

Over the years we have been instructed by MG to not talk amongst ourselves because there were spies. The latest correspondence that some of us have received from MG is attempting to reinforce that.

So just so we all understand.
It is okay for NM to extort money from us and threaten us with the assistance of our lawyer but it is not okay for us to talk about it.
There is a word for that - bullying.
And to add insult to injury our lawyer not only goes along with this rather than stand up to the bully, he endorses this behaviour - now who is complicit in what?

Have I got this right?? If not could someone please enlighten me.

 

[NotImpressed]

Does anyone know for sure if Hillside has been sold and if so when? Was it really sold for 11 million dollars? How could that happen if they never had permission from the courts to downsize or realign? If it is sold and we own weeks at Hillside, where is my portion from this sale? This amount would be way more then what they think i owe them.

 

[KGB_527]

OMG!!! This lawyer on Danielle's show. Was he stoned, or what? Maybe he was just avoiding real answer, because he wants people to give him a call and setup personal session for $500-$1000 dollars a pop. This was just total waste of time with him on the air. However, I still think Danielle is / was the only one so far to give us time and exposure of our problems.

Where are our government officials, MP's, MLA's, Justice Minister, Consumer Protection??? They are all numb, and silent. When they have a real problem to solve, not some dreamt crap (climate change) where are they???
What are we paying them for? We DO NOT need a sympathy, we need SOLUTION!!!
Why are there so many of them? When we need someone to step up to the plate and show some leadership in tackling the difficult issues there is NO ONE, JUST NO ONE willing and able to stick his / her head out??? Why are we as taxpayers wasting so much money on so many useless dimwits? We could save the money by slashing this bureaucratic crap in half and that would still be generous. I just needed to vent out of desperation. Enough......

 

[Appauled]

I found a Law firm in Calgary with a Lawyer that has Sunchaser clients that never joined the MG Group.
Unfortunately they can NOT take clients that have used MG!!!!

 

[Appauled]

I found a Law firm in Calgary with a Lawyer that has Sunchaser clients that never joined the MG Group.
Unfortunately they can only take clients that have used MG!!!!

SORRY TYPO!!!
Unfortunately they can NOT take clients that have used MG!!!!

 

[LilMaggie]

I found a Law firm in Calgary with a Lawyer that has Sunchaser clients that never joined the MG Group.
Unfortunately they can only take clients that have used MG!!!!

I wonder what that group is being told.

 

[truthr]

SORRY TYPO!!!
Unfortunately they can NOT take clients that have used MG!!!!

You can edit your original post, Look for the blue edit to the right of your name and the time you posted right under your last post, click it and make your changes to your post.

 

[LilMaggie]

SORRY TYPO!!!
Unfortunately they can NOT take clients that have used MG!!!!

No worries. We knew what you meant. We are left out in the cold.

 

[Appauled]

You can edit your original post, Look for the blue edit to the right of your name and the time you posted right under your last post, click it and make your changes to your post.

Thanks

 

[Petus@18]

Did you receive the letter from the Strathcona Group? It looks like much of the fault to make matters worst for us (besides our "lawyer's incompetence) was the assistance of John Alexander from Cox Taylor. During a case conference that preceded the JEKE trial, with the Alberta and BC Judges, he indicated that Cox Taylor did not intend to raise defences individual to each VIA owner. This statement has now been relied upon by judge Branch and judge Young in their decisions relating to the Golberg in BC case and Reid in Alberta, to dismiss the amended defences that were filed on our behalf by their office. The judge in BC expressed that our amended defences were "too little, too late" so the BC action was quashed.

There are no meetings scheduled with judge Young, The settlement obtained by Geldert with "our consent" has only left the judge's decision of cost and interest. The appeal to the Reid case is still open but it looks like in light of previous decisions made in this case, it is unlikely that the court of Queen's Bench will overturn these decisions. We could proceed with the appeal but unless God is representing us, I don't see how can we win this appeal. We are pretty much on our own. This firm offered a 30 min individual consultations for a retainer of 250.00

 

[tuguser_14]

\

 

[CorruptionExtortion]

We owned our Fairmont timeshare for 20 years. We exchanged it around the world for amazing vacations we otherwise would not have been able to enjoy with our family. Disney World, Phoenix, Mexico, Scottland, Portugal, Spain, Zanzibar, Big Island of Hawaii, Maui, Kauai, and others, so fortunately we were able to find great value in our ownership even with increased maintenance fees. I am appalled with the Northwynd takeover and the pride Kirk Wankel has taken on his linked in page with what he considers a successful business turn around for his investors. This is a multi-million dollar extortion that is not a business model to be proud of. He has done it before and will continue to do this. I have no answers only thoughts in hindsight on this matter.

Attatched below is a link I found that summarizes our Court Cases. Perhaps some GL clients have read through it before. If you are able to take the time to read it through to the end, it does answer many of the questions I had and provides clarity as to why we lost judgement. While it doesn't allow for much in terms of recourse, it is a clear indication of what was given up and when.

I was not in favour of the JEKE test case. While I was concerned about the resort alignment fee to stay or to go for $3,000.00, I wanted to walk away from my contract signed in 1994. I believed in contract law and my contract stated we could simply relenquish our unit at no charge and after 3 months of non-payment of maintence our unit would belong to Fairmont. I have met a couple of people that hired contract lawyers in Alberta and negotiated settlements long before ours was presented to Judge Young in the Alberta Court. Because I had already signed on with Geldert I decided to see it through with the group. I have been lumped into this case and extortion of thousands of dollars much to my dismay. I paid my resort fees for the first year without paying the alignment fee and used the timeshare with Interval so that helped eliminate one year of interest charges. I regret taking Geldert's council to not to pay any future resort fees as I will be paying them now plus interest and no weeks to exchange. I am chosing to pay the settlement fee and be released from my timeshare with Fairmont. I am putting this up to Lesson Learned - I thought it would be less expensive to do this as a group. Was I misguided or what lol?

In the Provincial Court of Alberta - Sunchaser Villas

 

[Hate Being Scammed]

I was doing some math and if I pay the current invoice sent by NM , due January 31,2018, I can save about $2500.00, as MG is asking for 20% on money that is not yet due.

Can I do this??

 

[truthr]

Did you receive the letter from the Strathcona Group? It looks like much of the fault to make matters worst for us (besides our "lawyer's incompetence) was the assistance of John Alexander from Cox Taylor. During a case conference that preceded the JEKE trial, with the Alberta and BC Judges, he indicated that Cox Taylor did not intend to raise defences individual to each VIA owner. This statement has now been relied upon by judge Branch and judge Young in their decisions relating to the Golberg in BC case and Reid in Alberta, to dismiss the amended defences that were filed on our behalf by their office. The judge in BC expressed that our amended defences were "too little, too late" so the BC action was quashed.

There are no meetings scheduled with judge Young, The settlement obtained by Geldert with "our consent" has only left the judge's decision of cost and interest. The appeal to the Reid case is still open but it looks like in light of previous decisions made in this case, it is unlikely that the court of Queen's Bench will overturn these decisions. We could proceed with the appeal but unless God is representing us, I don't see how can we win this appeal. We are pretty much on our own. This firm offered a 30 min individual consultations for a retainer of 250.00

You all know that Michael Geldert and Vincent Tong were present at that SuperConference? So if Mr. Alexander made some errors they could have corrected them at the time. Same with the JEKE trial.

Not that I am absolving any of the attorneys who have worked on and/or represented us in any of these actions - however there is enough blame to go around but the one we retained, paid our retainers to and continually reassured us that he was IN CHARGE is Michael Geldert. Granted more seasoned lawyers might have or should have challenged him about his so called strategy and I do hold them accountable as well to uphold their profession's code of conduct and the rules of the courts but again what reputable lawyer would actually put in writing the kind of nonsense we keep getting.

They should ALL grow a set of balls, put on their big boy pants and step up to the plate to admit their role in this heinous situation they have put their clients in and at least attempt to stop this train wreck rather than try to suck more money out of us by charging to "consult". The open wounds haven't even begun to heal yet and they want to suck more blood?

In addition it was Barry King himself who annoyed Judge Young by not filing the Amended Disputes before the day of the first hearing and then when the Judge brought up the issue of interest:

May 1, 2017:
Court: But are you saying the interest rate - it doesn't matter whether it breaches the federal Interest Act or not; its just onerous because it's too much?
Barry King: Correct.

No small wonder we never receive transcripts of court hearings or minutes of meetings.

 

[Rider Nation Rocks]

I was doing some math and if I pay the current invoice sent by NM , due January 31,2018, I can save about $2500.00, as MG is asking for 20% on money that is not yet due.

Can I do this??

Sure I believe you can save the money claimed but at the end of the day you will still own your timeshare and all the benefits that accrue with that. Proverbial rock and hard place for all of us. Especially those of us without the said funds readily available or available under any circumstances.

 

[Tanny13]

I wouldn't pay it until Judge Young has ruled on costs and interest. It may be reduced even more if she rules in our favour.

 

[Been Around Awhile]

Ironic that the only one that gets this is Danielle Smith ... .

What is important about Danielle's support is she is a libertarian, always wanting less government regulation & oversight, never more. Yet here she keeps calling for more. This irony isn't lost on politicians and the public. If she's calling out a corporate citizen, it must be bad.

I was not impressed by that lawyer. He obviously did not register the salient points from the JEKE ruling.

I was in the call-waiting cue. I wanted to scream that everyone seems to be missing not just that the lease ends and the lessee walks away with nothing, a point Danielle did articulate but, that Northmont received for their sole benefit: upfront purchase money, pay to stay money, pay to leave money, Legacy for Life money and now they'll receive for their sole benefit most of if not all of this new money. How is it that everyone forgets Northmont too has to bring something to the table, like a resort (except its #NAFR)?

 

[Been Around Awhile]

I can't remember if it was Danielle Smith or her guest but one of them suggested paying and then pursuing subsequent litigation. Can you imagine paying these guys a dime and expecting to ever get any of it back? Even if we were successful, their money would be in Barbados long before the judge dropped the gavel. We'd have a better chance of finding Jimmy Hoffa than finding our money.

#NAFR

 

[FairSun]

I was doing some math and if I pay the current invoice sent by NM , due January 31,2018, I can save about $2500.00, as MG is asking for 20% on money that is not yet due.

Can I do this??

My question would be what about the court costs? The judge awarded costs to Northmont. Would they bill all those who took them to court a share of the costs even if they now choose to stay? I think Northmont's court costs may be included in that 20% Northmont is charging people in the Geldert Group.

 

[Been Around Awhile]

My question would be what about the court costs?

I could be wrong but I was to believe that Northmont has already included at least some legal fees in the Maintenance Fees.

#NAFR

 

[FairSun]

I can't remember if it was Danielle Smith or her guest but one of them suggested paying and then pursuing subsequent litigation. Can you imagine paying these guys a dime and expecting to ever get any of it back? Even if we were successful, their money would be in Barbados long before the judge dropped the gavel. We'd have a better chance of finding Jimmy Hoffa than finding our money.

I could be wrong but I was to believe that Northmont has already included at least some legal fees in the Maintenance Fees.

#NAFR

I heard that too but didn't look at the budget documents to confirm.

 

[Tanny13]

I could be wrong but I was to believe that Northmont has already included at least some legal fees in the Maintenance Fees.

#NAFR

If you look at the last few years of budgets, the maintenance fees include I believe over $2M in legal fees. #NAFR

 

[LilMaggie]

We owned our Fairmont timeshare for 20 years. We exchanged it around the world for amazing vacations we otherwise would not have been able to enjoy with our family. Disney World, Phoenix, Mexico, Scottland, Portugal, Spain, Zanzibar, Big Island of Hawaii, Maui, Kauai, and others, so fortunately we were able to find great value in our ownership even with increased maintenance fees. I am appalled with the Northwynd takeover and the pride Kirk Wankel has taken on his linked in page with what he considers a successful business turn around for his investors. This is a multi-million dollar extortion that is not a business model to be proud of. He has done it before and will continue to do this. I have no answers only thoughts in hindsight on this matter.

Attatched below is a link I found that summarizes our Court Cases. Perhaps some GL clients have read through it before. If you are able to take the time to read it through to the end, it does answer many of the questions I had and provides clarity as to why we lost judgement. While it doesn't allow for much in terms of recourse, it is a clear indication of what was given up and when.

I was not in favour of the JEKE test case. While I was concerned about the resort alignment fee to stay or to go for $3,000.00, I wanted to walk away from my contract signed in 1994. I believed in contract law and my contract stated we could simply relenquish our unit at no charge and after 3 months of non-payment of maintence our unit would belong to Fairmont. I have met a couple of people that hired contract lawyers in Alberta and negotiated settlements long before ours was presented to Judge Young in the Alberta Court. Because I had already signed on with Geldert I decided to see it through with the group. I have been lumped into this case and extortion of thousands of dollars much to my dismay. I paid my resort fees for the first year without paying the alignment fee and used the timeshare with Interval so that helped eliminate one year of interest charges. I regret taking Geldert's council to not to pay any future resort fees as I will be paying them now plus interest and no weeks to exchange. I am chosing to pay the settlement fee and be released from my timeshare with Fairmont. I am putting this up to Lesson Learned - I thought it would be less expensive to do this as a group. Was I misguided or what lol?

In the Provincial Court of Alberta - Sunchaser Villas

Yep...just you and a few thousand others of us

 

[Lostmyshirt]

what has been most frustrating over the last few years is interval renting out weeks there for 35$ US a night??? How am I on the hook for such a disgusting bill when interval can secure and rent these same places for an absolute pittance??? Time that we are supposed to keep paying for? Oh ya.........its not a 5 star resort anymore!!!

 

[torqued]

My question would be what about the court costs? The judge awarded costs to Northmont. Would they bill all those who took them to court a share of the costs even if they now choose to stay? I think Northmont's court costs may be included in that 20% Northmont is charging people in the Geldert Group.

I’m thinking the December invoice to be paid by January 31 does not include court cost that they will assess you “unexpectedly” later.