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

[aden2]

From May 25th for one week we were booked for a timeshare @ Sunchaser's but received an email that we had to sign and return one of the three options first. Therefore no week at Sunchaser's even though we had paid our maintenance of$949.50 last January. So much for the timeshares, lost another $949.50.

 

[Tacoma]

Aden 2 can you clarify your most recent statement. Was this your week or an exchanged week? When were you supposed to go to Fairmont?

Yet another intimidation from this company. My friend called them last week and on the phone they were very polite and said their weeks were safe. I told him it was only because they were thinking he was paying. It appears my thought was correct.

 

[Spark1]

I have printed it as well but any guidance would be appreciated. Thank you.

Take it to any court house and they will help you fill it out.

 

[Spark1]

From May 25th for one week we were booked for a timeshare @ Sunchaser's but received an email that we had to sign and return one of the three options first. Therefore no week at Sunchaser's even though we had paid our maintenance of$949.50 last January. So much for the timeshares, lost another $949.50.

Why are we all putting up with this. Why not pay them a visit. There is 14500 timeshare owners. We are the majority. They think we have no rights. We would than have media attention.

 

[Spark1]

Why are we all putting up with this. Why not pay them a visit. There is 14500 timeshare owners. We are the majority. They think we have no rights. We would than have media attention.

I taked with a legacy for life owner this morning and she said she and her son questioned her sales person about the reserve fund for refurbishing and he told them that there was lots of money in that fund for doing major renovations. She asked this question because she wanted to make sure the buildings make it past 40 years. I got a email from Sunchasers stating that you are correct, a reserve fund was to be setup to help alleviate the costs of a large renovation,but the reserve fund was never created. Who do you beieve? Please post if this happened to you.

 

[aden2]

Aden 2 can you clarify your most recent statement. Was this your week or an exchanged week? When were you supposed to go to Fairmont?

Yet another intimidation from this company. My friend called them last week and on the phone they were very polite and said their weeks were safe. I told him it was only because they were thinking he was paying. It appears my thought was correct.

This was our week to use, and the week had been booked last year. Now I rec'd an email "that if we signed one of the three options and returned it before our week was to start (May 25th) we could still use the week". We were not taking our signing any of their options. In 2010 we paid a total of over $7200. to convert to "Legacy for Life", during that time Fairmont had changed names and had gone into bankruptcy.:annoyed:

 

[fairmontlvr]

This was our week to use, and the week had been booked last year. Now I rec'd an email "that if we signed one of the three options and returned it before our week was to start (May 25th) we could still use the week". We were not taking our signing any of their options. In 2010 we paid a total of over $7200. to convert to "Legacy for Life", during that time Fairmont had changed names and had gone into bankruptcy.:annoyed:

I wonder what will happen if you we're to just drive out there, show up and mention that you haven't decided yet on the restoration project. Or if you we're to show up and tell them you have spoken to a lawyer who has suggested not to sign anything until this goes through the courts. I doubt they could refuse you from using your "right to use" for something you booked last year and something that you have fully paid your maintenance fees.

As this is the start to the peak season, I am sure there will be plenty of others still wanting to use the week they have signed up and paid for, yet don't want to commit to anything till this goes through the courts.

Thoughts of others still wanting to use their week this summer?

 

[Undecided62]

We've been told we lose our paid for week

We have a week booked in July, fees were paid last year when we reserved. We were told that we lose access to the week if we don't pay for one option in the pay/stay/go fiasco.

 

[browger]

Notification

We are now one of the many owners involved with the litigation against Northwynd.


Thankyou for (previous) posting the Vancouver Lawyers e-mail address and name(Lindsay LeBlanc)

What I am wondering now is:
Do we have to 'notify' Northwynd that we have acquired a lawyer
and are involved in a litigation against them.

I am asking this now, as we just got the lawyer yesterday, and
I can't ask this question today and they are very busy attending to
others.

Thanks and look forward to hearing back from someone..........

 

[Norge 76]

I agree, they knew exactly what they were buying. We were there 5 or 6 years ago and it was looking like it needed some updates at that time. We just seem so at the mercy of Northwynd or whoever has owned or might own it in the future and what's to stop them for continuing to ask for money, as well as increasing our maintenance fees. It would be nice if as owners, we could all respond as one and take back some of our power, after all supposedly we each own 2% of one unit.

Northwynd has no right to demand contract termination fee. In fact if you refer to item no. 13 of the contract it says that if you surrender the timeshare they have to compensate you as per he formula stated therein. Has anyone applied his clause no. 13?

 

[madashell]

We are now one of the many owners involved with the litigation against Northwynd.


Thankyou for (previous) posting the Vancouver Lawyers e-mail address and name(Lindsay LeBlanc)

What I am wondering now is:
Do we have to 'notify' Northwynd that we have acquired a lawyer
and are involved in a litigation against them.

Can you please give the name of the lawyer the email and phone number for others to use.
Thx

 

[madashell]

We are now one of the many owners involved with the litigation against Northwynd.


Thankyou for (previous) posting the Vancouver Lawyers e-mail address and name(Lindsay LeBlanc)

What I am wondering now is:
Do we have to 'notify' Northwynd that we have acquired a lawyer
and are involved in a litigation against them.

I am asking this now, as we just got the lawyer yesterday, and
I can't ask this question today and they are very busy attending to
others.

Thanks and look forward to hearing back from someone..........

Can you please post the name, phone number and email of the lawyer that you have found for the class action.
Thx

 

[THE AVENGER]

Some Questions Regarding This Mess
1. If we pay nothing what is the penalty? As I understand it they will impose a 2%/mo charge. They threaten us with bill collectors and ruined credit etc. This would require taking each one of us to court individually. The cost of this would be born by those who have paid the high renovation fees.
2. What is the benefit of us making individual submission to the court on June 20? There are several groups (some via lawyers at $300-1000/per individual). Is this court case not dealing with their authority to renovate and delete buildings and sell them off, and not about the charges they are imposing on us? What does filling out Form 67 do for us?
3. This leaves us with two options, 1. To pay nothing and wait for the results of the court case. I am sure they will be only too glad to receive the payment at any time. They are threatening us with a dead-line. 2. Fill out the option to leave forms and submit a minimum payment of $100/mo via post dated checks for 6 mo as is offered to those who are taking the renovation option. As pensioners on limited income this is all we can afford. In talking to them they say for us to go out and borrow the money. At 78 years old who is going to loan us money?

 

[browger]

Name of lawyer

Your question:
Can you please post the name, phone number and email of the lawyer that you have found for the class action.
Thx


I found the name of the lawyer on page 13 of this forum, item number
311

Lawyers name and website is posted. Name: Lindsay LeBlanc

IMPORTANT: I was advised that the closing date is Monday the 27th, but if I wanted to pursue with their firm,
they would add our name to the litigation, and send paperwork and $300.00. I would say, send an e-mail
if you want info, and want to be added. I don't know what the outcome will be, but better than sending
thousands to the wind!

 

[Furious]

This is the response i received from sunchaser to my question posted below. seems they have an answer to everything

Good morning,

The clause you refer to is again at the discretion of the developer if they wanted to purchase it back, which they are of course not doing as they are not reselling inventory. Any inventory that comes back due to cancellation will ultimately be taken off line and removed from the timeshare regime so the remaining owners to do not have to carry the cost of this inventory. These units/buildings would not be renovated.

As for the renovation maintenance fee, this is maintenance and each owner is billed for their share of the maintenance fee as noted in the contracts. The renovations have already begun at the resort with the 800 building, this should be complete mid-September.

The choice is yours whether you choose to stay or go, I am happy to assist you with any questions you may have.

Regards,



Karen Weyland
Manager - Vacation Ownership Services
Northwynd Resort Properties Ltd.
5799 3rd Street SE
Calgary, AB T2H 1K1
Local 403-517-2601
Toll Free: 1-877-451-1250
Toll Free Fax 1-888-378-4477
Email: customercare@northwynd.ca

From: Lorraine [mailto:shylow2@telus.net]
Sent: Wednesday, May 15, 2013 8:26 PM
To: Karen Weyland
Subject: Re: Renovation project

I think you are wrong about that, in any case my agreement says that " in the event that default of payment is not remedied within 16 months of the default then I shall be deemed to have offered to sell my interest to the lessor for an amount equal to 50% of one fortieth of the purchase price for an annual lease". There is nothing about me owing you for future costs of renovations that have not even happened yet and may or may not ever happen. I would be sad to leave the resort but I will not pay to leave, that is just ridiculous!!

 

[Spark1]

This is the response i received from sunchaser to my question posted below. seems they have an answer to everything

Good morning,

The clause you refer to is again at the discretion of the developer if they wanted to purchase it back, which they are of course not doing as they are not reselling inventory. Any inventory that comes back due to cancellation will ultimately be taken off line and removed from the timeshare regime so the remaining owners to do not have to carry the cost of this inventory. These units/buildings would not be renovated.

As for the renovation maintenance fee, this is maintenance and each owner is billed for their share of the maintenance fee as noted in the contracts. The renovations have already begun at the resort with the 800 building, this should be complete mid-September.

The choice is yours whether you choose to stay or go, I am happy to assist you with any questions you may have.

Regards,



Karen Weyland
Manager - Vacation Ownership Services
Northwynd Resort Properties Ltd.
5799 3rd Street SE
Calgary, AB T2H 1K1
Local 403-517-2601
Toll Free: 1-877-451-1250
Toll Free Fax 1-888-378-4477
Email: customercare@northwynd.ca

From: Lorraine [mailto:shylow2@telus.net]
Sent: Wednesday, May 15, 2013 8:26 PM
To: Karen Weyland
Subject: Re: Renovation project

I think you are wrong about that, in any case my agreement says that " in the event that default of payment is not remedied within 16 months of the default then I shall be deemed to have offered to sell my interest to the lessor for an amount equal to 50% of one fortieth of the purchase price for an annual lease". There is nothing about me owing you for future costs of renovations that have not even happened yet and may or may not ever happen. I would be sad to leave the resort but I will not pay to leave, that is just ridiculous!!

Karen the reason our timeshares are worthless is because of the D- companies like Northwynd and Fairmont that have done a terrible job of managing resorts and all you are interested in is lining your pockets with money. So you can pay all us 25% of 0=0 and that is what this hole resort is worth.

 

[morena]

unsure

Take it to any court house and they will help you fill it out.

I am in Montana. Do you mean any courthouse in BC? Where would the nearest one be to crossing at Roosville? And can a US citizen file a Form 67?

 

[aden2]

I am in Montana. Do you mean any courthouse in BC? Where would the nearest one be to crossing at Roosville? And can a US citizen file a Form 67?

Yes anyone can file form 67.

You can also contact on the internet Alberta Fair Trading Act. alberta law applies because their business is in Alberta. Besides joining a law group in Vancouver I also filed a complaint with "Services Alberta" Timeshares are part of the Fair Trading Act. Further when a contract is broken by a company then the Alberta Government will have the contract voided.

 

[ERW]

Interesting that timeshare holders/owners that have already made the "standard" mtce fees (not including the reno mtcs fees) that have already booked have been denied access. My understanding is that Northwynd is approaching the BC courts to see if they can pursue this policy and that it has not been approved yet. Does that not mean that denying access due to non-payment of their inflated mtce fees is not legal as it has technically not been approved by the courts yet?

 

[Meow]

Form 67

Have any Alberta residents filed a Form 67? If so, could anyone provide some guidance on how to fill in the form and file the document? I am also hoping to join one of the lawyer led groups.

 

[Quadmaniac]

Does anyone have a PDF scan of the documents ? Resale owners never had any of these documents, so it would be good to post them if someone has scanned them ?

Thanks

Look at the Sunchaser website at the court filed documents - there are four different versions from different time periods included in the petitions to the court , the first being from 1992 I believe and up to the most recent.

I can see versions from Northwynd but not the ones from 1992 (exhibit A and B are not posted). Could someone scan the original ones from Fairmont back in the late 90's /2000 range ?

I would like to read item 12/13 or at least have it. A bunch of people I know have resale ones so no access to the original contract.

Thanks

 

[DOCKEN KLYM]

Litigation Group - AB, BC, SK, and USA

We are Alberta's only class action firm, and have recently been brought in as litigators on this matter. We are working with firms in B.C. to oppose Northwynd's position.

If you are interested in pursuing legal action by joining our litigation group, please contact our firm via e-mail at:

robert@docken.com.

The deadline for registration with our group is WEDNESDAY, MAY 29, 2013

 

[Skeezics_100]

Docken KLYM

We are Alberta's only class action firm, and have recently been brought in as litigators on this matter. We are working with firms in B.C. to oppose Northwynd's position.

If you are interested in pursuing legal action by joining our litigation group, please contact our firm via e-mail at:

robert@docken.com.

The deadline for registration with our group is WEDNESDAY, MAY 29, 2013

I contacted DOCKEN KLYM and they were very helpful in answering my specific questions. I wasn't sure if it mattered that I was an Alberta resident when determining which law firm to contact. And when I read in an earlier post that the Victoria law firm's deadline was TODAY, I panicked that I wouldn't be able to sign up for a group.

But Robert said that they have been responding to calls about this whole NorthWynd mess since they got involved a week or so ago. They currently have about 90 owners and are still responding to calls and emails. But they're deadline is in two days so contact them to sign up. He did say that owners could sign up after the May 29th deadline but they would be responsible for filing their own Form 67 and any penalties associated with it.

I asked Robert if DOCKEN will be working with the other law firms to avoid duplicating work and he said yes they have contacted the other law firms and will work together to develop a strategy going forward.

DOCKEN will file Form 67 on your behalf and personally that sold me because I didn't understand that form anyway.

It doesn't matter which lawyer you use, just get one and file Form 67 before May 31st!! That's very IMPORTANT!!

 

[den403]

den403

What does form 67 do

 

[Skeezics_100]

Response to Petition - Form 67

What does form 67 do

Here is the link to find Form 67:
http://www.ag.gov.bc.ca/courts/forms/sup_civil/67.pdf