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

[TS Migraine]

Form 67 is the legal BC Court response to form 66: the Petition we have received from Sunchaser demanding that we STAY or GO, and pay either way. I spoke with the Calgary Class Action Lawsuit Firm- Docken Klym and as a Bi-annual Gold Odd owner of a 40 year Lease purchased in 1992- starting 1993, I now understand our options as follows, Option 1 + 2 :According to Petition 66, I have two options: I must either pay ~ $2000.00 to stay or $1700.00 to go. I must make this decision by May 31 and have my documents post marked no later or face penalties for not responding on time. Option 3, is to pay the $500.00 retainer required by Docken Klym (robert@docken.com) before May 29th and let them file FORM 67 on behalf of ALL people signed up to be a part of the Class Action Suit before May 31st. You can become a part of the CA law Suit after May 31st, but you will still need to respond by May 31st with Form 67 personally or pay either option 1 or 2. The CA Lawsuit means we don't have to personally file Form 67 and we don't have to pay the Stay or Go fees by May 31st. Docken Klym cannot guarantee an outcome from the courts in our favour, but based on their preliminary evaluation of the situation ( they have only been involved for about 1 week, and they already have almost 100 people retaining them for all the reasons complained about in this blog) they feel we have a breach of our original agreements to legitimately grieve, and they have been in touch with the BC law firms who have ammassed another 250 disgruntled Sunchaser owners who wish to pursue this rip-off through the courts. I spoke with Service AB, ( I am an AB resident and the FTA of AB does apply, but not as legal counsel for what we need to do now) and I wish to clarify, that they will NOT be involved in any legal action against Northwynd. They take complaints, but interaction with them does not allow you to ignore the May 31st deadline imposed by the Form 66 Petition for your Stay or Go money.
MY BEST ADVICE : Contact Docken Klym - NOW- and add to the numbers of people represented by the Class Action Law Suit. This reduces the overall legal costs for all of us, and delays the need to decide whether we stay or go until a Court decision has been made about whether or not Northwynd has the right to alter our Original contracts, and force us to pay for their future resort improvement and profit. I am personally very uncomfortable signing anything that alters my original agreement, because since the change of ownership in 2010, the tactics used by the new owners of the Property WEST of the Highway to get my money have been so far: deception, coercion, threats, and bullying. Hey, I just want to pay legitimate fees and go on a holiday every other year. I don't need these bad management headaches, short notice calls for funds, and coercion or bullying tactics.

 

[morena]

class action

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

What is the ultimate goal of the class action group and how does it differ from the other groups because they are not calling themselves class action groups?

 

[den403]

Sunchaser Northwynd Class Action Lawsuit
53 minutes ago near Calgary
Do not send northwynd any money for anything until you contact a lawyer!!!!

For those who want to terminate and sell back their lease the way things are worded in the termination agreement they can still come after you down the road!!

For those who paid to $$$$$$
to purchase their timeshares recently and can't simply walk away and want to fight...do it!

Bottom line we all need to stick together and either get out of our contracts or fight to get back our investment.
We all need lawyers either way

 

[disillusioned]

RCI

Did anyone find out why Northwynd allowed a lower buy out fee for RCI members? Why would that membership make a difference to the total amount an owner would have to pay? If Northwynd needs 38 million dollars to get the renovation done, why would they give a break to an RCI owner?

 

[TravellingMom]

Questions

If you go to this link creditors for Fairmont Resort Properties and bankruptcy documents from July 2010 should come up

http://documentcentre.eycan.com/eyc...t Properties Ltd/FRP - Bankruptcy Package.pdf

No assets were listed in the bankruptcy - zero - only liabilities ?

In the listing of creditors are the following:

FRPL Finance - $ 10,000,000
Dunvegan Petroleum - owned by Colin Knight - $ 2,000,000 +
Colin Knight - $ 2,800,000
Cedarpointe Estates - $ 2,080,000 (Cedarpointe Estates doesn't come up anywhere on google - but at the address listed - 3126 Watt Road Kelowna - comes up with a Barry Johnson - who happens to be also listed as a bankruptcy lawyer in Kelowna

Certainly raises some questions....maybe this whole thing has been in the works for a while?

 

[den403]

i believe i read that eachowner that converted over to RCI for $$$
$400 was put aside for future costs from these owners

 

[disillusioned]

i believe i read that eachowner that converted over to RCI for $$$
$400 was put aside for future costs from these owners

Does that mean that $400 of the money they paid to change to RCE was saved for a future renovation?

 

[disillusioned]

If you go to this link creditors for Fairmont Resort Properties and bankruptcy documents from July 2010 should come up

http://documentcentre.eycan.com/eyc...t Properties Ltd/FRP - Bankruptcy Package.pdf

No assets were listed in the bankruptcy - zero - only liabilities ?

In the listing of creditors are the following:

FRPL Finance - $ 10,000,000
Dunvegan Petroleum - owned by Colin Knight - $ 2,000,000 +
Colin Knight - $ 2,800,000
Cedarpointe Estates - $ 2,080,000 (Cedarpointe Estates doesn't come up anywhere on google - but at the address listed - 3126 Watt Road Kelowna - comes up with a Barry Johnson - who happens to be also listed as a bankruptcy lawyer in Kelowna

Certainly raises some questions....maybe this whole thing has been in the works for a while?

They gave over $450,000 to Morcom who is an owner of Fairmont
OWNERSHIP AND CORPORATE STRUCTURE
Fairmont is a privately owned Canadian company that was acquired by Collin Knight (Dunvegan Petroleum Ltd) and Douglas Morcom (Morcom Consultants Ltd).
The above was found online at FRPL Finance, a blog site

 

[den403]

on Pg 3 of the freedom to stay papers that were mailed out it says that 'Because of the limited subsidy agreement between Northmont and RVM $400 of the purchase price of an RCI points conversion overlay or member since 2009 was paid on behalf of the timeshare member towards the building 7000 foundation repair. As such those members are only responsible for their share of the nonbuilding 7000 deficit.

 

[disillusioned]

Toronto Dominion

Does anyone have info for when Toronto Dominion ceased to be the Trustee?

 

[Lion Fish]

Process of change

It would have been very interesting to be a fly on the wall during the finance and board meetings during the last few years. Think about what motivated a process that created fear, uncertainty and doubt.

Then choose which way to go, by yourself or in a group.

 

[Meow]

Legal Actions

Does anyone have an rough estimate of the total number of lessees/ fee simple owners that have chosen to proceed with legal action, either induvidually or with one of the groups? I suspect that we are only a minority as compared to the total number of lesees/owners (15,000?). Probably most have neither consulted a lawyer nor talked it over with others and therefore will just hold their noses, select one of Northwynd's chioces and hand over the cash. Hopefully, there is a sufficient critical mass of displeased parties that the B.C. Court will decide in our favor. It will be an interesting next few weeks.

 

[Spark1]

Did anyone find out why Northwynd allowed a lower buy out fee for RCI members? Why would that membership make a difference to the total amount an owner would have to pay? If Northwynd needs 38 million dollars to get the renovation done, why would they give a break to an RCI owner?

That is not the case for all RCI owners. I just got off the phone with sunchaser consumer services. I asked them who was paying the renovation fees for the Premier Owners Association (SPOA or the association) They told me the developer was picking up those costs. The money will come out of the pockets of all the other timeshare people who will be forced to pay these outrageous fees. These are timeshare owner from this resort who joined the SPOA RCI points. They used the condos the same way we did but know Reno costs for them.

 

[TS Migraine]

Docken Klym told me that in one week they have been contacted by almost 100 people. Rob said they have been in touch with the law firms in BC who are involved by personal request for about 250 people. That means 350 owners have saught legal help to file Form 67 to oppose the Petition 66 requirements imposed on us by Northwynd. That means, Northwynd cannot proceed until the courts make a ruling on whether or not they can go ahead. Docken Klym said once the Class Action Law suit is filed- no later than May 31st-- to stop the mandatory acceptance of Petition 66 as of May 31st, more owners can sign up for the Class action suit- but they will still need to have responded to the Stay or Go ultimatum by May 31st or face penalties if they have not personally filed Form 67. The Law Firms in BC are onside and seeking guidance from Docken Klym since a Class Action is our best hope of appealing in large numbers to the BC Court. It is possible, that Northwynd will not be allowed to impose restrictions on our paid for time share weeks WHILE this action is in the Court, so those of us booked into Fairmont in the near future SHOULD be allowed to use our time, deposit with interval, etc. under the old rules, until this NEW issue is finalized by the courts. If you have filed Form 67 by yourself on time, or you have had legal counsel do it for you, you are not required to pay to Stay or Go by May 31st. If you have NOT filed Form 67 officially, you need to have a response to Northwynd inthe mail by May 31st with cash or face penalties. Even if you have made a choice and paid cash to Northwynd by May 31st, you can still become part of the Class Action Lawsuit after May 31st, but now you need to also pay the retainer fee as well as whatever you have paid Northwynd to stay or go. If the Class Action suit is successful in the owner's favour, then they hope to recover the monies paid by May 31st by owners adversely coerced to sign by that date.

 

[TS Migraine]

Morena, the class action suit is a "convenient" way for all of us to speak as one voice against Northwynd's coercion. Since there are 15000 owners, individual laws suits would be out of the question for Northwynd to fight (bonus) but it is David against Goliath in that Northwynd has our maintenance money to fight us and we have to spend our own to use a lawyer, 1 case at a time, at between $400- $650 dollars an hour. If we pay the $500.00 retainer to Docken Klym, they collect this money from all people jerked around by Northwynd, and then speak as one voice against the changes imposed on us and our original agreements by Petition 66. About 100 people have already signed up to the Class Action in AB, and the BC law firms are seeking guidance from Docken Klym about a Class action approach for their clients. Just as we have benefitted by this BLOG to share our concerns, a Class Action Suit can incorporate the concerns of the many. Docken Klym will file FORM 67 collectively on our behalf, which is free if you do it right yourself on time on your own, but I think being part of the group means you are on time with all court requirements and they are savy about HOW to be most effective in this dispute with our major issues having input from the masses, I am not "in the know" about ALL the subterfuge of the past 3 years because I only got on board a week ago- like, I am sure, most owners who knew NOTHING about this fiasco until May 10th or there-abouts.

 

[Soccer Canada]

Has anyone in the group filled out Form 67 on their own and faxed it in. If you have could you contact me to discuss so I can get this thing filled out and faxed in. I was going to join one or more of the potential groups, but my Furnace/Water Heater both packed her in at the same time on Monday and that ever growing bill left me not having the funds to do anything with a lawyer.. Would appreciate anyone's help that has already done it.

Thanks!
Robb

 

[fairmontlvr]

If you go to this link creditors for Fairmont Resort Properties and bankruptcy documents from July 2010 should come up

http://documentcentre.eycan.com/eyc...t Properties Ltd/FRP - Bankruptcy Package.pdf

No assets were listed in the bankruptcy - zero - only liabilities ?

In the listing of creditors are the following:

FRPL Finance - $ 10,000,000
Dunvegan Petroleum - owned by Colin Knight - $ 2,000,000 +
Colin Knight - $ 2,800,000
Cedarpointe Estates - $ 2,080,000 (Cedarpointe Estates doesn't come up anywhere on google - but at the address listed - 3126 Watt Road Kelowna - comes up with a Barry Johnson - who happens to be also listed as a bankruptcy lawyer in Kelowna

Certainly raises some questions....maybe this whole thing has been in the works for a while?

I think this is time to have someone here pass this information along with other relevant information on this site to someone in the media that could do an in-depth investigation. CBC or CTV MarketPlace, W5, etc. Could be quite the challenge and quite the story for some investigative journalists to explore.

 

[fairmontlvr]

I think this is time to have someone here pass this information along with other relevant information on this site to someone in the media that could do an in-depth investigation. CBC or CTV MarketPlace, W5, etc. Could be quite the challenge and quite the story for some investigative journalists to explore.

I found this a while back. One guys run ins with Northwynd Fairmont Ranchero Banderas. He did quite a bit of investigating on his own about Northwyn, and the previous owners. Makes for a good read and also should be a sign of what we are dealing with.

http://www.redweek.com/forums/messages?thread_id=17251

 

[THE AVENGER]

May 31 Dead Line

What is the penality for late payment of either of the options? As I read it "2%/annum of the balance owing". This amounts to $100/year on $5000 or $8.33/mo. They threaten that the wrath of God will decend on you if you don't pay them by May 31.
They say this offer is only open until May 31. If I ignore them, then appear on their door step with a certified check of the asked amount on June 30, do you think they will refuse it? "They will grab it and run." This time-limited scare tactic is working to their advantage and the investors (who bought the assets of Fairmont) are using this to recover some of their money they lost in their FRPL investment.
The lawyers who are wanting to represent us at the June 20 court appearing, and asking for thousands of dollars to do so ($500 X 350 = $175,000 for a few day, work) are using this same time-sensitive scare tactic as well.
I believe they can't enforce anything on anyone since none of the requests for these payments were sent to us by Registered letter.

 

[Brit76]

I agree with #369 re registered mail. Though I have contacted the Victoria attorney - and in that vein there was no mention that this was a class action suit!

 

[Skeezics_100]

I think this is time to have someone here pass this information along with other relevant information on this site to someone in the media that could do an in-depth investigation. CBC or CTV MarketPlace, W5, etc. Could be quite the challenge and quite the story for some investigative journalists to explore.

Given that legal action has already commenced, I would be hesitant to bring this to the media - at this point in time. Let's see what happens after the June courtdate and then ask the lawyers advice if this is something that could hurt OR hinder our case.

 

[Skeezics_100]

I agree with #369 re registered mail. Though I have contacted the Victoria attorney - and in that vein there was no mention that this was a class action suit!

That's because CoxTaylor in Victoria is NOT a "Class Action" Law firm. Neither are the the two other firms in Vancouver. I can only assume that DOCKEN KLYM, an Alberta based law firm, was contacted by some owners due to their expertise in dealing with large organizations and class action lawsuits. They were probably also contacted because Northwynd is an Alberta based company and maybe other legislation could apply such as the Alberta Fair Trading Act .

But regardless of the "class action" law suit, ALL of the law firms are all working together with regards to this "Special Assessment". Depending on the law firm chosen they may also represent owners for other matters pertaining to Northwynd, which would be outside the group interest and at the cost of the individual owner.

 

[morena]

faxing

Has anyone in the group filled out Form 67 on their own and faxed it in. If you have could you contact me to discuss so I can get this thing filled out and faxed in. I was going to join one or more of the potential groups, but my Furnace/Water Heater both packed her in at the same time on Monday and that ever growing bill left me not having the funds to do anything with a lawyer.. Would appreciate anyone's help that has already done it.

Thanks!
Robb

I was told by Court in Vancouver that they do not accept faxes. West coast Title Search will accept your fax and file it with the court for 24.00 fee.

 

[morena]

affidavits

I was told by Court in Vancouver that they do not accept faxes. West coast Title Search will accept your fax and file it with the court for 24.00 fee.

I cannot get a consistent answer as to whether or not an affidavit must be filed with the initial response to Petition Form 67. This seems to be a separate document and Vancouver court acted like it wasn't necessary. Does anyone know the answer to this for sure? Thanks as we are running out of time to respond.

 

[aden2]

I agree with #369 re registered mail. Though I have contacted the Victoria attorney - and in that vein there was no mention that this was a class action suit!

To BRIT 76....
I know the lawyer in Calgary files class action suites. I am with a group with Michael in Vancouver, and he is working closley with the Victoria. group. From our group all I know it that they are asking for a postponement of June 20th to get more timesharehlders involved. My form 67 and files have been expresspost to Vancouver Registry. It only takes one day from Edmonton.