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

ecwinch

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Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
If they want us to stay and charge us more to leave later, why won't NM accept our payment for the bill they sent out? Is it in any way legal for them to charge $16000 to cancel a lease in good standing or can they "charge anything they want to" per MG?
I know their methods are not ethical.

To “cancel your lease” the unfortunate truth is that they CAN charge anything they want. The court has ruled that the lease has no termination provision, so they are free to extort whatever they desire to free you from your obligations.
 

LilMaggie

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I own Nothing!
To “cancel your lease” the unfortunate truth is that they CAN charge anything they want. The court has ruled that the lease has no termination provision, so they are free to extort whatever they desire to free you from your obligations.
Yikes...that is scary! Thanks for your insight.
 

Tanny13

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FAIRMONT, Marriott
To “cancel your lease” the unfortunate truth is that they CAN charge anything they want. The court has ruled that the lease has no termination provision, so they are free to extort whatever they desire to free you from your obligations.


Instead of creating more fear in people who have been put in horribly desperate situations, how about the spin of remaining in the resort? Take the remaining years you have on your lease, and multiply it by approximately $1,000 (maintenance fees for those years). If that number is close to what the 20% charge would be to be free, then why not remain? If you don’t want to go to Fairmont because of the bad taste it leaves, you can exchange for another resort. You will not have a gag order and you perhaps can continue to fight the injustices that are being served to us. The resort should be in GREAT shape after all this money is collected and some of us will ensure the money is used properly. Or perhaps Fairmont will suffer the same fate as all the other timeshares this company has owned, and they will close down. At which point our contracts will be cancelled, with no additional fees.
 
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Instead of creating more fear in people who have been put in horribly desperate situations, how about the spin of remaining in the resort? Take the remaining years you have on your lease, and multiply it by approximately $1,000 (maintenance fees for those years). If that number is close to what the 20% charge would be to be free, then why not remain? If you don’t want to go to Fairmont because of the bad taste it leaves, you can exchange for another resort. You will not have a gag order and you perhaps can continue to fight the injustices that are being served to us. The resort should be in GREAT shape after all this money is collected and some of us will ensure the money is used properly. Or perhaps Fairmont will suffer the same fate as all the other timeshares this company has owned, and they will close down. At which point our contracts will be cancelled, with no additional fees.

I agree, why pay hard earned extra dollars to leave to get out? We all know Northwynd wants us all out. They have plans that do not include us. They want money, and the ability to do what they want with the remaining inventory. They have used the court decisions to their benefit. Why pay an exit fee of about $7000 per week you own? This could cover Maintenance fees for the next 6 to 7 years. Many of us us with original 40 year lease hold interests will only have 20 years remaining once this is settled. I still think there is good basis to fight the compounded interest rate they are charging on the renovation project. They have only completed the renovations proportionate to the amount of people that paid to stay. How can they justify charging interest on work not done? Can anyone answer this?
 

tssuck

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A point to consider. When you were asked to sign any papers with NM or MG, both people who are listed as "leasees" must sign in order for the contract or agreement to be valid. If only 1 of you signed, then the contract or agreement is invalid.
Another point to consider, if you did not pay your maintenance fee before the ruling, then you are delinquent and have relinquished your "lease". You "own" nothing and are responsible nothing. Please correct me if I am wrong.
 

Bewildered

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Sunchaser
Something maybe our lawyer should be providing as he receives them??? :shrug: And the one the judge is referring to is dated September 30, 2017. :wall:
After reading this decision, Wouldn’t this be all the BC Law Society needs to decide whether there was competence shown by MG and any and all other related legal minds he brought on to argue this injustice? The judge must mention a dozen times how there was opportunity to raise issues but it wasn’t done and now it’s too late. Including INTEREST! How could that not have been brought up (5% legal interest) but also how does the judge allow thousands of people continue down a road with no true legal representation only to tell us after the fact that this needed to be brought up earlier? How can a judge accept we are mirrored to JEKE when none of us ever gave permission for our legal to take that approach and we weren’t even aware until after the fact?
Without being negative, how does this decision not verify without some criminal case being brought forward, that the courts are definitely not on our side? I’m looking for something positive but if you read this J. Branch is more than a little miffed with the Geldert Groups representation and unless somebody took a Supreme Court of Canada run at this, our legal has dug a very very deep hole for us that I think most people with a high school diploma could have done a better job of representing us.
 

Bewildered

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Sunchaser
A point to consider. When you were asked to sign any papers with NM or MG, both people who are listed as "leasees" must sign in order for the contract or agreement to be valid. If only 1 of you signed, then the contract or agreement is invalid.
Another point to consider, if you did not pay your maintenance fee before the ruling, then you are delinquent and have relinquished your "lease". You "own" nothing and are responsible nothing. Please correct me if I am wrong.
Your second point is not valid, please read the decisions of the courts, who/where does it say you can walk away? If it was that easy a lot of us wouldn’t be considering cutting a sizeable cheque next week!
 

nest egg

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After reading this decision, Wouldn’t this be all the BC Law Society needs to decide whether there was competence shown by MG and any and all other related legal minds he brought on to argue this injustice? The judge must mention a dozen times how there was opportunity to raise issues but it wasn’t done and now it’s too late. Including INTEREST! How could that not have been brought up (5% legal interest) but also how does the judge allow thousands of people continue down a road with no true legal representation only to tell us after the fact that this needed to be brought up earlier? How can a judge accept we are mirrored to JEKE when none of us ever gave permission for our legal to take that approach and we weren’t even aware until after the fact?
Without being negative, how does this decision not verify without some criminal case being brought forward, that the courts are definitely not on our side? I’m looking for something positive but if you read this J. Branch is more than a little miffed with the Geldert Groups representation and unless somebody took a Supreme Court of Canada run at this, our legal has dug a very very deep hole for us that I think most people with a high school diploma could have done a better job of representing us.

I would like to share the emails I had with Geldert Law.
I had stated to Geldert Law
'We may be persuaded to join your group if it was possible that the settlement would be under $10,000.00'
They replied with,
'The sole purpose of the ongoing efforts it to confirm the lease expensive option to terminate your affiliation to this Resort. The leverage this group has offers the best opportunity to do so.
What the final settlement number will be for each person remains to be seen but I will not be agreeing to an arbitrary sum that fails to consider the tremendous value to the Resort in resolving the litigation that will otherwise continue. Continuing with the group does not commit you to paying more than 10,000 as you will have the opportunity to accept or reject a settlement if an agreement in principle was achieved.'
I replied and resent paperwork for option 1 two days after I sent paperwork choosing option 2 and stated to Geldert Law.
'Thank you for clarifying that we will have an opportunity to reject a settlement that we find is not fair to our particular circumstances.
If that is the case we have changed our decision to option 1.
The bill sent to me was $24161.57CAD
I will not be paying
 

SAV

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Jan 18, 2018
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Fairmont
I would also like to add I have an appointment with my MLA today at 15:00 hrs and hope to get him on board to put pressure on our justice system in BC to take a closer look at this case.

can i join you
 
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Jan 23, 2018
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Fairmont
Instead of creating more fear in people who have been put in horribly desperate situations, how about the spin of remaining in the resort? Take the remaining years you have on your lease, and multiply it by approximately $1,000 (maintenance fees for those years). If that number is close to what the 20% charge would be to be free, then why not remain? If you don’t want to go to Fairmont because of the bad taste it leaves, you can exchange for another resort. You will not have a gag order and you perhaps can continue to fight the injustices that are being served to us. The resort should be in GREAT shape after all this money is collected and some of us will ensure the money is used properly. Or perhaps Fairmont will suffer the same fate as all the other timeshares this company has owned, and they will close down. At which point our contracts will be cancelled, with no additional fees.

For those option 1 people, I don't think there is an option to stay anymore, a negotiated release was made by MG with an "excellent settlement". If not paid on time, there will be a consent judgement against you for a higher amount and new charges may continue to accrue. Someone correct me if this is incorrect. Those option 2 people and those who did not go with MG still have this option, but it is risky.

As far as the $1,000 maintenance fee, that is a big assumption as the court has given NM the right to charge whatever they want. The resort is NOT in great shape because all the release money for those that are leaving (the majority) is NOT going to the resort, look at the resort villa management financial reports. The math indicates that the only money collected for the resort, other than maintenance fees, was from those that originally payed the renovation fee with some additional collected from some overdue fees. Someone correct me if you see otherwise. The money is going to NM which then goes to ??? Those that paid to stay may have many more surprises to come.

You can hope that the resort will close down and go bankrupt, but the leases will likely continue with the new (or same) owners, and this mess will again repeat. The hope would be the bad court decisions are overturned, criminal charges would be brought, or some government agency would finally get involved to protect the consumer. I think something will eventually happen as this mess is likely to continue and even get worse as there are still many thousands that have stayed or can not pay. I think many in government are now becoming aware of just how bad the injustice is due to our efforts over the last couple months. Thanks to the many who started the fight much sooner.

Sorry if this seems negative, but this is a sad, sad, situation, just trying to be honest. It is totally unbelievable it could be allowed to happen. This really hurts personally and hope that some help will come before thousands of more lives are ruined. I have not given in yet, still fighting and hopeful for a miracle, but time is quickly running out for me.
 
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SAV

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Fairmont
So just so i am clear. I do not have an option to keep my time share weeks? I have to pay the fees and loose the time share as well? How can i keep my weeks after i pay this scam?
 

rustyp

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So we finally did call Lawyer Matthew Farrell @ Guardian Law Group ( Calgary) yesterday. He is well versed on these issues . He listened to our particular circumstances and was able to give us his legal opinion, our options, and what he thought our chances would be for each option. At least we now have some peace of mind as to where we stand and he did not give us a bunch of legalize - just good plain talk that we could understand. If you actually haven't talked to a Lawyer yet, now may be the time giving the looming deadline.
 

Shake Down

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Calgary
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Fairmont/Sunchaser 92'
Instead of creating more fear in people who have been put in horribly desperate situations, how about the spin of remaining in the resort? Take the remaining years you have on your lease, and multiply it by approximately $1,000 (maintenance fees for those years). If that number is close to what the 20% charge would be to be free, then why not remain? If you don’t want to go to Fairmont because of the bad taste it leaves, you can exchange for another resort. You will not have a gag order and you perhaps can continue to fight the injustices that are being served to us. The resort should be in GREAT shape after all this money is collected and some of us will ensure the money is used properly. Or perhaps Fairmont will suffer the same fate as all the other timeshares this company has owned, and they will close down. At which point our contracts will be cancelled, with no additional fees.

Funny you mention this, I had recently heard that 4 years ago a small group proposed taking the resort back from NM and running the place themselves ... turning the entire thing into a strata/condo project that people could buy in and out of as they pleased. Their Class action was deeply researched and was going to suite everyone involved. Those who wanted to stay, those who wanted to go, and those who like stopping by every now and then.
BUT along came the Geldert Group falsely advertising itself as a class action when it was really a “Special Interest Group” of only those that wanted to LEAVE! Now the distraction of Geldert is over, maybe this still has some value?
 

Hopeful_One

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Picked this up from facebook. https://www.facebook.com/groups/193...Ydy0J6n1ggn--zHxhdLJnUiy2E7lqpC7qGguedu5g7kes
----Always remember there is strength in numbers. Especially for those who stand up strong together for fairness, protection and justice against greed, unfair predatory practices and fear-inducing bullying tactics. For those of us who are still deciding what to do before February 15, I strongly suggest we meet soon to strategize how best to deal with this issue......
----Count me in. Name the place and time. Calgary, Edmonton, Banff or another central small town along the Highway. Latest this Sunday afternoon ? In a rented hall, a school, church ? For those not able to come can a telephone conference call be arranged ? Also can we involve the media ?
 

MgolferL

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Fairmont Sunchaser Palm Springs Marriott
So just so i am clear. I do not have an option to keep my time share weeks? I have to pay the fees and loose the time share as well? How can i keep my weeks after i pay this scam?
You are correct. I have checked it out...thinking I may want to stay to facilitate change by staying in. Spoke to MG and NM and they both said no way. So we lose it all as well...thanks MG.
 

wagga2650

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So we finally did call Lawyer Matthew Farrell @ Guardian Law Group ( Calgary) yesterday. He is well versed on these issues . He listened to our particular circumstances and was able to give us his legal opinion, our options, and what he thought our chances would be for each option. At least we now have some peace of mind as to where we stand and he did not give us a bunch of legalize - just good plain talk that we could understand. If you actually haven't talked to a Lawyer yet, now may be the time giving the looming deadline.
Are you option 1 or 2?Iam 1 but really having a hard time sending our hard earned money to Wankell which we cannot afford.Did you get a clear answer as to if should pay up if your option 1?
 

Tanny13

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FAIRMONT, Marriott
So just so i am clear. I do not have an option to keep my time share weeks? I have to pay the fees and loose the time share as well? How can i keep my weeks after i pay this scam?

If you did not choose option 1 then, by default, you still own your timeshare.
 

Lostmyshirt

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we are currently three law firms working around the clock to bring down the number Northmont is seeking, negotiate a settlement if Northmont is willing to be reasonable while also setting up to hold them accountable for trying to realign the Resort as a mechanism to circumvent the litigation horrors they have put my client through.

Tune sure changed in that negotiation room that day.
 
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Lostmyshirt

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You are correct. I have checked it out...thinking I may want to stay to facilitate change by staying in. Spoke to MG and NM and they both said no way. So we lose it all as well...thanks MG.

I believe that was the intention all along. The more gone the better esp in this settlement which I believe will go into someone's pocket but I have trouble believing a dime goes back to the "resort" despite being presented as outstanding fees for the "resort".
 

Petus@18

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we are currently three law firms working around the clock to bring down the number Northmont is seeking, negotiate a settlement if Northmont is willing to be reasonable while also setting up to hold them accountable for trying to realign the Resort as a mechanism to circumvent the litigation horrors they have put my client through.

Tune sure changed in that negotiation room that day.

Are you one of the firms or you have 3 firms working for you, sorry I didn't understand your message, could you please explain? Thanks
 

Floyd55

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we are currently three law firms working around the clock to bring down the number Northmont is seeking, negotiate a settlement if Northmont is willing to be reasonable while also setting up to hold them accountable for trying to realign the Resort as a mechanism to circumvent the litigation horrors they have put my client through.

Tune sure changed in that negotiation room that day.

Can you elaborate? Are you saying that there are lawyers working for you to re-negotiate the settlement with Northmont? I don't see how that is even possible at this point. And if it is possible, how can the rest of us get involved?
 

Spark1

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Your second point is not valid, please read the decisions of the courts, who/where does it say you can walk away? If it was that easy a lot of us wouldn’t be considering cutting a sizeable cheque next week!
This is OPTION #1 Read this at the bottom of option#1 Does this sound familiar? You understand that unless ordered by the court,only Northmont can release you from your VIA interests(s) Our primary Objective shell be to secure the least expensive proposal to permit you to opt-out of the Resort. This sounds quite familiar to the cancellation agreement. Once they have your money you are probably done with MG. Then what? Are you released? Time owners that paid the relinquish in March of 2017 are they released. Good Luck you will need it.
 
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