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

ecwinch

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I wonder how does the fact that K. Hamilton is listed as a co-counsel (with MG) on the Judge Loo Special Case impact the status of this class action.

Counsel for the 112 Owners:

M. Geldert
K. Hamilton
 

truthr

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Please have a look at the MG update of March 8, 2017.

This relates to a scaled relinquishment agreement NM presented to MG and MG presented to us strongly advocating it was not acceptable and far from a fair deal.

MG did have clients from our group who did decide to accept this relinquishment agreement, paid as directed by MG, and have yet to receive their release. The couple who I am talking about sent in their relinquishment payment in April of 2017.

The typical way any release needs to be done and has been done through other lawyers representing people like us is you pay your relinquishment fee in trust and the money is held until NM completes and sends the signed release paperwork back. At this point the money in trust is then released once everything is 100% in place to satisfy both parties involved. If it is not done this way there is no incentive or reason for NM to provide the release until they want to complete the release.

If you participated in this March 2017 relinquishment agreement and have not received your NM release please send me an email and I will be using this info to following up with the BC Law Society related to a file I have already opened with them. This is additional proof that goes to the heart of the my complaint that MG will not handle the 1285 releases properly after we have provided $45,000,000 for this to end based on the Michael Geldert settlement agreement.

Please email me at back123@shaw.ca if you are one of these people who have paid and not received their release or if you are someone who has paid money into trust with another lawyer and received your release before the money was released to NM is also an important part of this argument.

If you are a person who paid MG to be released in the past and has not received your release you should also put in your own written complaint with the BC Law Society professionalconduct@lsbc.org right away so a file can be opened on your behalf – if the money was or wasn’t sent in by MG to NM already for your release and you have not received it, a breach exists for the trust account MG has on our behalf and a breach of the trust account is a reason for the Law Society to intervene on all our behalves. The increased numbers of complaints related to the MG trust account will aid in the Law Society expediting an audit of the MG trust account.

I for one have no trust MG can handle any type of release properly as a result of his constant lies, failing to represent us properly going back to the 1st BC Jeke trial where he suddenly withdrew the prepared evidence), administratively, or having any incentive to do the required work promptly. He has seen to it that we are the ones at risk based on a Settlement Agreement Michael Geldert alone committed us to without our consent that prejudices and penalizes us far beyond what a reasonable settlement would have looked like if he truly negotiated in our best interests.
HEY PEEPS - REMINDER - If this relates to you or anyone you know please reach out to Ultimate Betrayal as soon as possible.
 

Stung

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ecwinch says:
it seems like Docken was never intending to represent them

I can't speak for Mr. Docken but during my conversation with him and the other lawyer on Monday I did not get that impression.

I actually got the opposite impression - that he was looking at all options for all people affected by this.


It would appear Higgerty Law is accepting clients as part of the Class Action Lawsuit...

https://www.higgertylaw.ca/class-action-lawsuits/sunchaser-vacation-villas-class-action/
 
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It would appear Higgerty Law is accepting clients as part of the Class Action Lawsuit...

https://www.higgertylaw.ca/class-action-lawsuits/sunchaser-vacation-villas-class-action/

For those in Option 1, even if we are apparently "bound" to pay the settlement, could we not also join the class action regardless of whether we pay or not? I completed the form and expect I'll get a call or e-mail back from them but thought I read they would not take Geldert clients who are bound by Option 1.
 
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For those in Option 1, even if we are apparently "bound" to pay the settlement, could we not also join the class action regardless of whether we pay or not? I completed the form and expect I'll get a call or e-mail back from them but thought I read they would not take Geldert clients who are bound by Option 1.
We exercised our right to view the settlement document, I doubt we are bound by it unless we sign the settlement agreement. I am not signing the agreement and will contest any judgement against me.
 

Huckleberry

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We exercised our right to view the settlement document, I doubt we are bound by it unless we sign the settlement agreement. I am not signing the agreement and will contest any judgement against me.

I'm not super happy that the "Option 1" peeps are being tagged and pushed out into the cold. Are we bound by the settlement if we do not sign it and cannot participate in further action against Northmont? I feel like we're damned if we do and damned if we don't. Can anyone actually clarify what our state is as second class citizens if we don't actually sign? Will we be able to escape the Gulag?
 

Lostmyshirt

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To me option 1 is a form of punishment for daring to stand up to the big guys, interesting reading all their documentation regarding the delinquents (real professional) we have never been a delinquent in our lives, but constant reference is made to the MG group holding up renos and costing current owners more etc etc. I call bullsh**t, with all the hillside buildings sitting empty, waiting to be sold off not costing them more than a very small amount. I wonder what will happen if option 1 LESSEES not owners pay, that $ I don't believe will go into the resorts books at all, its $$ that goes directly into NM pockets to continue to pay themselves. Current owners (the few left standing) I truly hope you watch these slimy business people because they aren't done. We enjoyed many holidays over the years, I can't believe what a joke it turned into with the pay to stay or go program. It was never about renos, it was all about getting rid of as many people as they can and selling off the property. If they truly cared they would have gone about this completely differently. when 50% dump the investment quickly that speaks to their concerns about the whole management issue.
 

LilMaggie

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I'm not super happy that the "Option 1" peeps are being tagged and pushed out into the cold. Are we bound by the settlement if we do not sign it and cannot participate in further action against Northmont? I feel like we're damned if we do and damned if we don't. Can anyone actually clarify what our state is as second class citizens if we don't actually sign? Will we be able to escape the Gulag?
Picking option 1 was a way to get the numbers to go to the negotiation table with NM. I don't know how we are bound to the settlement if we do not sign it. I am going to consult with a lawyer on that.
"Take the time to understand any settlement documents you are signing, even if your attorney says it’s ok. Once you sign, only a time machine will let you undo the deal."
 

RippedOff

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CleoB said:
https://www.citheownersgroup.org/jra-info


Geldert recently got on as the "timeshare lawyer for the Intrawest Group", but was not part of the ACTUAL court case.

What the heck?!!!! How is this not conflict of interest?!!!! Does Judge Young know about this? Start faxing or calling her immediately!!! This has to be grounds for a mistrial!!!!

This should be a movie!!!!
 

servemeout

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https://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/232795/index.do

This is the link to the ruling of Intrawest concerning GST of fees charged. Our statement from RVM states GST is included in the Balance. The original balance has interest charged. Gee, is the GST amount also subject to the 26.82% interest? Is RVM paying the correct GST to the federal government? Where in the Tax Act does it allow for interest to be charged on GST? Does CRA need to look at this case? This was also the case that ruled that TS were not OWNERS they only had the right to occupy time.
 

tssuck

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Having signed the Option 1 form but not a settlement form, I do not see that anything needs to be paid. The Feb 15 date is an arbitrary date set by NM and MG as a form of bullying in order to get money paid to them before JY has made a ruling on the interest rate. If there is an appeal going forward, then one needs not pay anything until that is settled, as for as I know. Please correct me if I am wrong about the appeal. We are still "leasees" as far as I can tell and should not be responsible for "owners" charges. As I understand it, if one does not pay their "maintanance fees" for 3 months, then the contract is null and void and the "leasee" relinquishes all and any rights to the timeshare. Again,please correct me if I am wrong.
 

Teeshka

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Hi. New here and not sure if this is right place to ask. Anyhow we bought a timeshare at Fairmont back in 2000. Two weeks. We spend much of our time out of the country and made good use of exchanges. In 2012 they convinced us to convert one week lease into "deeded" ownership. Cost us $7700 to do so. Also gave them a few more thousand to take the other week off our hands. I've heard some news reports about the problems at Fairmont but not much else until I found this forum.
I was never sent a bill for renovations, that is why I didn't realize much what has been happening. But our maintenance fees have been rising and we are now paying about $2000 annually. Our financial situation has changed and that $2000 is getting to be a burden especially when added to exchange fees, etc. I have tried skimming through 164 pages of this forum but there is an awful lot to read. All I am wondering is if there is any way out of this timeshare? If you refuse to pay, they probably sue you. They won't buy it back. You can't sell it. I don't even know if bankruptcy will get you off the hook. Does anyone have a solution?
 

tssuck

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Hi. New here and not sure if this is right place to ask. Anyhow we bought a timeshare at Fairmont back in 2000. Two weeks. We spend much of our time out of the country and made good use of exchanges. In 2012 they convinced us to convert one week lease into "deeded" ownership. Cost us $7700 to do so. Also gave them a few more thousand to take the other week off our hands. I've heard some news reports about the problems at Fairmont but not much else until I found this forum.
I was never sent a bill for renovations, that is why I didn't realize much what has been happening. But our maintenance fees have been rising and we are now paying about $2000 annually. Our financial situation has changed and that $2000 is getting to be a burden especially when added to exchange fees, etc. I have tried skimming through 164 pages of this forum but there is an awful lot to read. All I am wondering is if there is any way out of this timeshare? If you refuse to pay, they probably sue you. They won't buy it back. You can't sell it. I don't even know if bankruptcy will get you off the hook. Does anyone have a solution?


If you are not from BC or Alberta or Canada, I would consult with lawyer in your country as to whether any of this applies to you. Each State has different rules that govern Timeshares.
 

Teeshka

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If you are not from BC or Alberta or Canada, I would consult with lawyer in your country as to whether any of this applies to you. Each State has different rules that govern Timeshares.
I'm in Saskatchewan, unfortunately.
 

Floyd55

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It would appear Higgerty Law is accepting clients as part of the Class Action Lawsuit...

https://www.higgertylaw.ca/class-action-lawsuits/sunchaser-vacation-villas-class-action/

Just followed this link and it certainly does look like Mr. Docken is pursuing a strategy for a class action against Northmont and is actively trying to attract Geldert Group clients. Not sure what his strategy is or how it will impact our deadline to have to pay by the 15th or face the 162% increased penalty being added to our bill. I called and talked to the receptionist and was told to leave a voicemail message for his assistant and send an email with some of the details of my situation. I have done that so now we wait to hear back from them. The good news is that they say no fees from us, only payment is a percentage of anything that they win back for us. So my only concern is whether he can orchestrate a halt to our deadline of Feb. 15th until this class action can have a chance to proceed. Some glimmer of hope at least. Will keep you posted.
 

Spark1

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Was notified today that the Competition Bureau, will follow up on my complaint of FRAUD!
That is great news Aden. I also got great news from the Prime Ministers Office this Morning. Every one email the Prime Minister and tell them your story. If you are getting these massive bills that MG has negotiated for you send a copy to the Prime Ministers Office. This is good news and I do not want to say to much. Seniors we are being abused by Northwynd and we are a easy target. They have the registry we do not and they are banking on time owners caving in. Darren Thomas told me the problem with this case is the borders and the Federal Government will have to get involved. I still say this Supplier is out of Calgary and the Unfair Practice came from them when this Trustee did what he did. Email justin.trudeau@parl.gc.ca
 

RippedOff

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Was notified today that the Competition Bureau, will follow up on my complaint of FRAUD!

But how long will they take to resolve this? Years???

Anyway, at least they're looking into it.

And what advice from the Prime Minister's Office?
 
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MarcieL

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SUCCESSFULLY APPEALED ALRIGHT. Perhaps we should let them know the fantastic deal that was brokered for us!

"Geldert Law had already successfully appealed an unfair special assessment for Sunchaser owners, and was representing 3200 individual members in that class action." This comes from the Club Intrawest/Embarc web site.

"The legal fees will be generated by members signing up with Geldert Law with an initial fee off $100.00. If 1000 members from this group signed a Joint Retainer agreement with Geldert Law that would generate $100,000 for legal services to be undertaken by Geldert Law, which would be held in a trust account."
 
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