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

[Spark1]

I was going to mention one more thing. Did you

Some of us are at our capacity financially. We cannot afford anymore lawyer 's fees or another 10 thousand in interest. We cannot afford the downside, as it is we have to get a loan for 40 grand in our 70's. Wish we had exited long ago, this is outright fraud and extortion but can no longer afford the fight.

Are you released and who can you trust? Will they say the $40000.00 is just for your maintenance fees and interest and you could a bill two months later saying now let’s talk about your release from the resort. This happened at the Rancho Bandaras in Mexico with these White Collar Crooks And after What MG pulled off can you trust him? Be careful.

 

[tuguser_14]

Some of us are at our capacity financially. We cannot afford anymore lawyer 's fees or another 10 thousand in interest. We cannot afford the downside, as it is we have to get a loan for 40 grand in our 70's. Wish we had exited long ago, this is outright fraud and extortion but can no longer afford the fight.

i do not think so ...your comments indicate that you are prepared to capitulate very unclear

Believe me, I know well who the wolves are. You should see my files. I was an early entry in this fight and have stayed in for the long haul - til now. I wish you well.

Misled,
Like FairSun, we have been an early entry in this fight too, and I believe FairSun is fatigued beyond all reason! I read extreme frustration in your posts but I say, don't be too harsh to judge as you have not walked in FairSun's shoes (nor have any of us for that matter walked in each others shoes).
As you read MarcieL's post, there is the same feeling of frustration, anger, and fatigue at the prospects of pragmatically addressing a perceived solution that requires accessing sufficient funding to satisfy this so-called 'excellent settlement'. We too are seniors and are struggling with these options. I believe yourself, FairSun, MarcieL and many others on this bulletin board are good people. It has been extremely stressful for all of the good people on so many fronts. It's obviously financially stressful, stressful on relationships, stressful on one physically too when one cannot sleep or eat proper meals at normal times because of being on the keyboard at all hours of the day and night.
Rest assured that there are many who are investing time, effort, money and whatever other resources can be afforded for this cause.
It is NM and KW that are perpetrating tyranny and evil. It has been said that the only requirement for evil to triumph is for good people to do nothing. Let's keep in mind who the real wolves are.

 

[teedeej]

Also when Fairmont lessees went to Northmont each individual should of had the choice to accept under Northmont or not! This did not happen why?

I have a friend who is a lawyer and I asked him about that. He said that the Lessee contracts are considered part of the Resorts assets and a new contract is not required. New contracts would be required if the timeshare contracts contained a bankruptcy clause.

 

[Bewildered]

Another Casualty video up and running to share

Hello Truth Renaissance, the video is almost an exact replica to our situation, Northmont telling me no guarantee it would only be a one-time cash grab, getting involved with MG through the other firm, to the amount of 24G. The only differences, I very early on put in a fraud complaint and received a file number, no success, calls to the RCMP including Invermere who couldn’t believe what was happening and verified the place is looking rough. Service Alberta early on also, only to be told they passed on a file to the RCMP due to concerns. Also all the others, MPS, MLAs, Justice Minister,, BC, etc. NOTHING.
Never in a million years did I think someone could pull off a heist like this and have the backing of the court and justice system and elected officials. My opinion they didn’t want Fairmont and the whole region to fail. They’re in for a surprise when it happens anyways and they have walked away with the cash. Last call for me, BC Law society because I don’t trust for those getting out, that the release is 100% foolproof and MG should have to answer to someone.

 

[FairSun]

Misled,
Like FairSun, we have been an early entry in this fight too, and I believe FairSun is fatigued beyond all reason! I read extreme frustration in your posts but I say, don't be too harsh to judge as you have not walked in FairSun's shoes (nor have any of us for that matter walked in each others shoes).
As you read MarcieL's post, there is the same feeling of frustration, anger, and fatigue at the prospects of pragmatically addressing a perceived solution that requires accessing sufficient funding to satisfy this so-called 'excellent settlement'. We too are seniors and are struggling with these options. I believe yourself, FairSun, MarcieL and many others on this bulletin board are good people. It has been extremely stressful for all of the good people on so many fronts. It's obviously financially stressful, stressful on relationships, stressful on one physically too when one cannot sleep or eat proper meals at normal times because of being on the keyboard at all hours of the day and night.
Rest assured that there are many who are investing time, effort, money and whatever other resources can be afforded for this cause.
It is NM and KW that are perpetrating tyranny and evil. It has been said that the only requirement for evil to triumph is for good people to do nothing. Let's keep in mind who the real wolves are.

Thank you, Tuguser_14! I had decided to let the rude comments go, knowing the myriad strained emotions the poster must be feeling. We are all riding the ups and downs of this looooong, not-fun roller coaster but may hit the highs and lows at different times and speeds and react in different ways.

 

[So sick of this mess]

I have a few thoughts: 1) is there anyway of finding out if any of the Judges own at Northmont/Sunchaser? I would think if they do, that they should not have heard the case and it should be dismissed for prejudice. 2) I was reading the Alberta ruling and the judge referred to the question of "expired claims" . See the following: 87] Given the foregoing, the Plaintiff is entitled to judgment against each Defendant in the SLG Actions for the amount set out in each Amended Civil Claim (the “Judgments”), except as to interest and costs, for which I am prepared to hear argument from the parties if they cannot agree, and also subject to one issue which has been raised by the Defendants. That issue is one of “expired Claims.” The Defendants argue that some of the Plaintiff’s Civil Claims have expired in the SLG Actions because they were not served within one year from the date of issuance of the Civil Claim.[28] There was no argument on this issue during the application proceedings before the Court. Consequently, this issue must be specifically addressed before me, unless the parties come to agreement on it, and that is to occur when the parties come before me to argue the interest and costs to be payable to the Plaintiff with respect to the Judgments.
I know a claim was filed against us in 2014, but I don't remember ever being "served". Doesn't that mean they have to hand deliver it to me? If I wasn't served, isn't the claim expired?

 

[MarcieL]

That would also apply to us. MG told us when it came to settling people not served and expired
Claims would be treated differently. Before we received this wonderful settlement I inquired about this. His reply was this was considered in our settlement, yeah right.

 

[FairSun]

That would also apply to us. MG told us when it came to settling people not served and expired
Claims would be treated differently. Before we received this wonderful settlement I inquired about this. His reply was this was considered in our settlement, yeah right.

I believe we received our Statement of Claim by mail in 2014 from Mr Sauvageau. It's in my files & I recall seeing the date stamp on it from the Court. I don't think we received a hard copy of the Amended Statement of Claim (presumably amended to reflect more maintenance fees & interest) from him or NM, but of course by then we had instructed NM to only contact us through our lawyer.

 

[Spark1]

I have a friend who is a lawyer and I asked him about that. He said that the Lessee contracts are considered part of the Resorts assets and a new contract is not required. New contracts would be required if the timeshare contracts contained a bankruptcy clause.

That may be true but they have to respect the contract that you work by and do not abuse the meaning of your contract eg doing unilateral ammendments to our contracts and saying they mirror each other.They have to work with the timeshare owners just like we have to work with them but Northwynd thinks they can do what ever they want.

 

[Spark1]

I read that property settlement agreements can be invalidated due to: Mistakes, Fraud, Coercion or Undue Influence? I think this one meets all of the above

Shouldn't we check into this?

Yes.

 

[CleoB]

That may be true but they have to respect the contract that you work by and do not abuse the meaning of your contract eg doing unilateral ammendments to our contracts and saying they mirror each other.They have to work with the timeshare owners just like we have to work with them but Northwynd thinks they can do what ever they want.

You can thank MG for saying they "mirror" each other.

 

[Shake Down]

Dig Deeper- I really wish the news would pick up the HUGE back story behind Northwynd’s Mafia like contracts, the fact they purchase resorts broadcast to investors a restructuring /realignment plan resulting in a temporary closer, during this time changing client contracts. They never really do much for resort improvements it’s just a front- A look good move from the outside. Meantime the “Boiler Room” is cooking, collecting millions on peoples high hopes, then simply walk away with the loot! They found a huge loop hole look at their former resorts what was really going on behind closed doors? Mexico-Rancho Banderas, Hawaii-Makaha Resort Fairmont-Sunchaser to mention a few. This is their business it’s been going for a long time and has impacted many more people then just Fairmont holders- I recall this plot in a movie called “The Untouchables” rings a bell here.

 

[truthr]

 

[LilMaggie]

Dig Deeper- I really wish the news would pick up the HUGE back story behind Northwynd’s Mafia like contracts, the fact they purchase resorts broadcast to investors a restructuring /realignment plan resulting in a temporary closer, during this time changing client contracts. They never really do much for resort improvements it’s just a front- A look good move from the outside. Meantime the “Boiler Room” is cooking, collecting millions on peoples high hopes, then simply walk away with the loot! They found a huge loop hole look at their former resorts what was really going on behind closed doors? Mexico-Rancho Banderas, Hawaii-Makaha Resort Fairmont-Sunchaser to mention a few. This is their business it’s been going for a long time and has impacted many more people then just Fairmont holders- I recall this plot in a movie called “The Untouchables” rings a bell here.

Just in case you have a chance to do some light reading. It is funny that the owners of Rancho Banderas now are also of the Rizzuto family...different distant branch, however, there were some hinky dealings going on with fraud and government contracts.
http://www.macleans.ca/opinion/how-canada-enabled-the-rise-of-mafia-boss-vito-rizzuto/

 

[fairmontlovers]

I would like to know how many of you are in the same situation that I am in. I signed Option 1 and received the email in late December from MG advising us that a settlement had been reached and a decision would be required whether to accept the agreement for go on our own. I wanted to see the agreement so I did not respond by the deadline that MG indicated. In early January I received my email and read it over and was shocked by not only the dollar amount but also the detailed statement from Northwynd indicating the high interest rate on not only the original renovation project but also the past maintenance fees. Also the threat that if we do not pay this amount (35K) for me, that another 162% would be added on.
We all know this is a scam by Northywnd to try to suck as much money out of us as possible.
The judge in Alberta asked for the two parties to come up with a settlement with interest and costs considered.
I am sure we all feel our lawyer let us down.

So I/we are faced with some hard decisions.

1. Pay this amount. For me, it will mean cashing in close to 50K of RRSP's to obtain an equivalent of after tax dollars and rid myself of this whole experience. If so, and somehow the judge in Alberta does not agree with the costs or interests rate charged can this amount be reduced? Does Judge Young have the power to do this? Or does she merely rubber stamp the fact that the two sides signed off on an agreement? If so, does she then allow judgement for Northwynd against those that did not pay?

2. Not make the payment and face the supposedly 162% judgement against us? How can Northwynd justify charging us for 2018 Maintenance fees when I asked MG if an option would be to pay the Maintenance fees and Renovation project and continue to use the timeshare. His answer was that Northwynd would not allow us back in.

3. If I do not pay, it sounds like MG is wiping his hands clean from us, do we then need to get a lawyer to represent us? Are we obligated to court costs as a result of having MG represent us?

I am struggling with my decision, I would love to get in front of a judge and argue my points,the Maintenance fees on something we could not use, the outlandish interest rates charged and the fact that although the courts have ruled against us in regards to the renovation project, how can Northwynd justify charging for the renovation project plus outlandish compounded interest rates on work not done?

I am sure many of you are in the same situation and would like those to offer an insight to help assist me/us in making our decision.

 

[Hotpink]

GREAT NEWS

Look what we just got.

"Effective Jan. 1, 2018, CPP payments will increase by 1.5 per cent for those already receiving benefits. For 2018, the maximum CPP retirement benefit for new recipients age 65 will be $1,134.17 per month, which represents a $20 increase from the beginning of 2017.

OAS benefits, which consist of the basic OAS pension, the guaranteed income supplement and allowances, will rise by 0.2 per cent for the first quarter of 2018 in comparison to the end of last year. As of Jan. 1, 2018, the basic OAS pension will be $586.66 per month, which represents an increase of $8.13 over the at normal bank rates first quarter of last year.

Maybe we should reconsider our decision of paying the negotiated settlement because we can now afford to take out a loan at prime plus 1% (3.2 & 1 ) and still feed ourselves. Haven't figured out the heat part just yet.

The Judge in the Merchant of Venice would probably say the Negotiated settlement is tata mount to Elder Abuse and extortion. That card will be played

 

[truthr]

I would like to know how many of you are in the same situation that I am in. I signed Option 1 and received the email in late December from MG advising us that a settlement had been reached and a decision would be required whether to accept the agreement for go on our own. I wanted to see the agreement so I did not respond by the deadline that MG indicated. In early January I received my email and read it over and was shocked by not only the dollar amount but also the detailed statement from Northwynd indicating the high interest rate on not only the original renovation project but also the past maintenance fees. Also the threat that if we do not pay this amount (35K) for me, that another 162% would be added on.
We all know this is a scam by Northywnd to try to suck as much money out of us as possible.
The judge in Alberta asked for the two parties to come up with a settlement with interest and costs considered.
I am sure we all feel our lawyer let us down.

So I/we are faced with some hard decisions.

1. Pay this amount. For me, it will mean cashing in close to 50K of RRSP's to obtain an equivalent of after tax dollars and rid myself of this whole experience. If so, and somehow the judge in Alberta does not agree with the costs or interests rate charged can this amount be reduced? Does Judge Young have the power to do this? Or does she merely rubber stamp the fact that the two sides signed off on an agreement? If so, does she then allow judgement for Northwynd against those that did not pay?

2. Not make the payment and face the supposedly 162% judgement against us? How can Northwynd justify charging us for 2018 Maintenance fees when I asked MG if an option would be to pay the Maintenance fees and Renovation project and continue to use the timeshare. His answer was that Northwynd would not allow us back in.

3. If I do not pay, it sounds like MG is wiping his hands clean from us, do we then need to get a lawyer to represent us? Are we obligated to court costs as a result of having MG represent us?

I am struggling with my decision, I would love to get in front of a judge and argue my points,the Maintenance fees on something we could not use, the outlandish interest rates charged and the fact that although the courts have ruled against us in regards to the renovation project, how can Northwynd justify charging for the renovation project plus outlandish compounded interest rates on work not done?

I am sure many of you are in the same situation and would like those to offer an insight to help assist me/us in making our decision.

One point - the judge did not instruct them to come up with a "settlement", she instructed them to come to an agreement about interest and costs related to the "Statement of Claims" so she can rendered her judgment regarding only that. To my knowledge she has no involvement in the "Settlement". Those who pay the Statement of Claim Judgments will be remaining with the resort.
It is my understanding that the "Settlement" agreement is to release you from the resort.

It sounds like MG has wiped his hands clean of all his clients and is now only in the business of collecting. With so many unanswered questions from so many people where the hell is he????

I know for the rest of us who did not succumb to his demands back in November he has literally abandoned us, although he did send some documents (no court seal/stamp) and a letter from Barry King wherein BK has offered to pick up the slack at a cost of course.

 

[LilMaggie]

I certainly don't want sound like a conspiracy theorist or cast dispursions on anyone, but it starts to become more clear why nobody wants to get involved to help us, fine citizens of Canada and the US. How in good conscience, could anyone see our settlements as being fair or appropriate? What's the rush to make us pay? If Northwynd was planning to stick around, why wouldn't they offer a payment plan like they did for the folks who chose to stay back in the day?

 

[LilMaggie]

GREAT NEWS

Look what we just got.

"Effective Jan. 1, 2018, CPP payments will increase by 1.5 per cent for those already receiving benefits. For 2018, the maximum CPP retirement benefit for new recipients age 65 will be $1,134.17 per month, which represents a $20 increase from the beginning of 2017.

OAS benefits, which consist of the basic OAS pension, the guaranteed income supplement and allowances, will rise by 0.2 per cent for the first quarter of 2018 in comparison to the end of last year. As of Jan. 1, 2018, the basic OAS pension will be $586.66 per month, which represents an increase of $8.13 over the at normal bank rates first quarter of last year.

Maybe we should reconsider our decision of paying the negotiated settlement because we can now afford to take out a loan at prime plus 1% (3.2 & 1 ) and still feed ourselves. Haven't figured out the heat part just yet.

The Judge in the Merchant of Venice would probably say the Negotiated settlement is tata mount to Elder Abuse and extortion. That card will be played

Wow Hotpink!!! A 0.2% increase? Try not to spend it all in one place .

 

[Hopeful_One]

Hi. I am new here. Before joining this forum I read a copy of a letter someone posted earlier on this forum. I would like to send a similar letter to Alberta Law Society and my MLA. Unfortunately I cannot see the letter anymore. Can someone please point me to the link ?

 

[Anxiety123]

Marciel, we left the fight back when NM offered a settlement in 2016, after being involved from the very first payment to MG which included dealings with Jim Belfry (who is nowhere to be found as he doesn’t have to pay anything to NM with his purchase of timeshare being protected by his now closed company - smart guy) because I spent my days worrying, not sleeping and in tears and my kids finally said “get out now for your health sake!” As you can remember settlement then was more than 3 times what was originally offered to get out. I can’t understand how they can come up with charging folks $30-40 Grand now. Outrageous !!! I too have harsh feeling and words for both NM and MG as at that time I was trying to decide what to do, MG was outright mad, rude and annoyed at me for not staying and even after paying MG the next installment payment he said needed to be paid for all of us to carry on in the fight, he would not help me with my dealings with NM. I had to go to another lawyer to look over the paperwork to be sure that once I paid NM it completely released me from any more issues with them. MG was way over his head on this one and I can't understand why he didn't see it and just admit it way back before this got so out-of-hand. (Maybe the money was too good?) My heart hurts for you and can't believe how many seniors and young families this settlement will affect. I am not sure how this is called a settlement, doesn't seem that there was any negotiation being done. From what it sounds like, NM is getting reno fee, maintenance payments that were not paid, interest and a lot of money for their court costs. Man what a deal MG came up with!! I didn't get any deal either at the time I paid out, Michael couldn't and didn't do anything for me then and he didn't do anything now to help bring costs down for those that stayed in the fight, .......BUT HE WAS PAID WELL.(

 

[Petus@18]

Retrieved from the FB group

You may contact Higgerty Law if you have been served with claims by the lawyers for Northmont/Northwynd or if you have previously paid out a claim. You may also contact us if you have not opted into the settlement with Mr. Geldert's Group.
www.higgertylaw.ca

We should contact them to see how can we go forward

 

[LilMaggie]

Hi. I am new here. Before joining this forum I read a copy of a letter someone posted earlier on this forum. I would like to send a similar letter to Alberta Law Society and my MLA. Unfortunately I cannot see the letter anymore. Can someone please point me to the link ?

Welcome. Many of the members of our group have posted excellent letters. This may be the one you are talking about as I think it the most recent. Look at post #3698 by MgolferL

 

[Petus@18]

Marciel, we left the fight back when NM offered a settlement in 2016, after being involved from the very first payment to MG which included dealings with Jim Belfry (who is nowhere to be found as he doesn’t have to pay anything to NM with his purchase of timeshare being protected by his now closed company - smart guy) because I spent my days worrying, not sleeping and in tears and my kids finally said “get out now for your health sake!” As you can remember settlement then was more than 3 times what was originally offered to get out. I can’t understand how they can come up with charging folks $30-40 Grand now. Outrageous !!! I too have harsh feeling and words for both NM and MG as at that time I was trying to decide what to do, MG was outright mad, rude and annoyed at me for not staying and even after paying MG the next installment payment he said needed to be paid for all of us to carry on in the fight, he would not help me with my dealings with NM. I had to go to another lawyer to look over the paperwork to be sure that once I paid NM it completely released me from any more issues with them. MG was way over his head on this one and I can't understand why he didn't see it and just admit it way back before this got so out-of-hand. (Maybe the money was too good?) My heart hurts for you and can't believe how many seniors and young families this settlement will affect. I am not sure how this is called a settlement, doesn't seem that there was any negotiation being done. From what it sounds like, NM is getting reno fee, maintenance payments that were not paid, interest and a lot of money for their court costs. Man what a deal MG came up with!! I didn't get any deal either at the time I paid out, Michael couldn't and didn't do anything for me then and he didn't do anything now to help bring costs down for those that stayed in the fight, .......BUT HE WAS PAID WELL.(

You can still report MG's unethical behavior and malpractice to the Law Society of BC.

 

[Ultimate_Betrayal]

I would like to know how many of you are in the same situation that I am in. I signed Option 1 and received the email in late December from MG advising us that a settlement had been reached and a decision would be required whether to accept the agreement for go on our own. I wanted to see the agreement so I did not respond by the deadline that MG indicated. In early January I received my email and read it over and was shocked by not only the dollar amount but also the detailed statement from Northwynd indicating the high interest rate on not only the original renovation project but also the past maintenance fees. Also the threat that if we do not pay this amount (35K) for me, that another 162% would be added on.
We all know this is a scam by Northywnd to try to suck as much money out of us as possible.
The judge in Alberta asked for the two parties to come up with a settlement with interest and costs considered.
I am sure we all feel our lawyer let us down.

So I/we are faced with some hard decisions.

1. Pay this amount. For me, it will mean cashing in close to 50K of RRSP's to obtain an equivalent of after tax dollars and rid myself of this whole experience. If so, and somehow the judge in Alberta does not agree with the costs or interests rate charged can this amount be reduced? Does Judge Young have the power to do this? Or does she merely rubber stamp the fact that the two sides signed off on an agreement? If so, does she then allow judgement for Northwynd against those that did not pay?

2. Not make the payment and face the supposedly 162% judgement against us? How can Northwynd justify charging us for 2018 Maintenance fees when I asked MG if an option would be to pay the Maintenance fees and Renovation project and continue to use the timeshare. His answer was that Northwynd would not allow us back in.

3. If I do not pay, it sounds like MG is wiping his hands clean from us, do we then need to get a lawyer to represent us? Are we obligated to court costs as a result of having MG represent us?

I am struggling with my decision, I would love to get in front of a judge and argue my points,the Maintenance fees on something we could not use, the outlandish interest rates charged and the fact that although the courts have ruled against us in regards to the renovation project, how can Northwynd justify charging for the renovation project plus outlandish compounded interest rates on work not done?

I am sure many of you are in the same situation and would like those to offer an insight to help assist me/us in making our decision.

One point - the judge did not instruct them to come up with a "settlement", she instructed them to come to an agreement about interest and costs related to the "Statement of Claims" so she can rendered her judgment regarding only that. To my knowledge she has no involvement in the "Settlement". Those who pay the Statement of Claim Judgments will be remaining with the resort.
It is my understanding that the "Settlement" agreement is to release you from the resort.

It sounds like MG has wiped his hands clean of all his clients and is now only in the business of collecting. With so many unanswered questions from so many people where the hell is he????

I know for the rest of us who did not succumb to his demands back in November he has literally abandoned us, although he did send some documents (no court seal/stamp) and a letter from Barry King wherein BK has offered to pick up the slack at a cost of course.

Okay I took the weekend off and read nothing timeshare as I needed a timeout and now playing catch up but the week has not started as positively as I had hoped.

1. Called the Judges Chambers at lunch time (the one we have been calling to reach the judges and sending faxes too) - I was told to stop calling and no one wants to talk to people who have a MG or NM issue especially JY who is aware there may be an issue but is not going to do anything about it.

So I take this as kind of passive aggressive acknowledgement that they are hearing us but not quite ready to listening yet - guess I will just have to try again

2. For option 2 people, anyone who had the satisfaction of firing MG, or people who think the grass is greener for the Option 2 people from the Option 1 group I think MG has not informed us that there potentially could be no appeal.

In a past update from MG when things were getting started for the AB trial the VIA contract # for the Reid's who Michael convinced to represent the group in the Alberta trial is stated in one of the schedules - this save VIA # also appears on the list of Option 1 people who are bond to MG Settlement Agreement so that would indicate to me they are caught up in the Option 1 mess like most of us.

So this probably means there can be no appeal based on the existing Alberta Trial and not sure if this will also limit the topic of costs and interests for this group. If there is someone who can help find out that would be great - I will see what I can come up with as well.

Has anyone heard from MG that an appeal is not possible given these circumstances? The info we are getting is very limited and not very consistent from his office and I wonder if it might be worth somehow documenting our individual interactions somehow so we all have it collectively - any ideas?

Now all that is left for me is to figure out is what can I do that will help us all today?