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

[Stung]

Did everyone in Alberta get their lovely form letter:”Sent on behalf of Mary MacDonald, Assistant Deputy Minister, Resolution and Court Administration Services”
Passing the buck because the property is in BC. Cc’d to the Premier, big deal.

Forward them all on to our Honorable Navdeep Bains to add to his armor. After all, he should ultimately be looking out for us as consumers. Navdeep.Bains@parl.gc.ca

 

[Petus@18]

Did everyone in Alberta get their lovely form letter:”Sent on behalf of Mary MacDonald, Assistant Deputy Minister, Resolution and Court Administration Services”
Passing the buck because the property is in BC. Cc’d to the Premier, big deal.

We got it too. Same letter is being sent by MLA's as well!

 

[in total shock]

Nor sure if this is something but was just a thought.
Are we being charged GST and for B.C residents PST on the Resort Villa Management LTD bills? If so does Revenue Canada allow companies to charge 26% on delinquent GST pymts? Does NM pay Revenue Canada this money?

 

[Spark1]

Can you please provide me with page and paragraph that spells out "the right to use" so I can reference it in the letter? Thanks

Go to the Canadian Consumer Handbook and all the timeshares are listed in that document.

 

[MgolferL]

Have you asked another lawyer about this? Seems to me that Geldert mislead everyone with the promise that "we would have final approval" on accepting the settlement.....then he backtracks and says everyone that signed is "committed". I think that means many signed under duress......and is that legal?

Haven't asked another lawyer... other people on this thread have and got the same answer. NM did say directly... no you are unable to do that and need to speak to MG.

 

[MgolferL]

Did everyone in Alberta get their lovely form letter:”Sent on behalf of Mary MacDonald, Assistant Deputy Minister, Resolution and Court Administration Services”
Passing the buck because the property is in BC. Cc’d to the Premier, big deal.

We got ours... don 't think they are going to like the response.
Also, got the letter from the Law Society OF BC. Said they will be in touch within 4 weeks... so basically 3 weeks after this pile of crap is supposed to close. They did however thank me for my patience...

 

[torqued]

For the USA folks I spoke with a timeshare attorney in the states. He said they would have to come to the states and sue us. They would have to start all over. They could not use any of the judgements made in the Canadian courts. They would have to start from scratch. They can turn the debt over to a USA collection firm but they would have (the collection firm) to prove that they have the legal right to go after that debt. Which they don’t have. If they persist they can be sued for violating a fair claims debt collection act. Not sure I got the name of the act exactly right. I would rather spend my money in the USA with my contract with my attorney before I gave NW a dime!!!!

 

[torqued]

FDCPA
Fair debt collection practice act is what I was referring to in the last post

 

[So sick of this mess]

For the USA folks I spoke with a timeshare attorney in the states. He said they would have to come to the states and sue us. They would have to start all over. They could not use any of the judgements made in the Canadian courts. They would have to start from scratch. They can turn the debt over to a USA collection firm but they would have (the collection firm) to prove that they have the legal right to go after that debt. Which they don’t have. If they persist they can be sued for violating a fair claims debt collection act. Not sure I got the name of the act exactly right. I would rather spend my money in the USA with my contract with my attorney before I gave NW a dime!!!!

So it sounds like you are comfortable ignoring the Feb 15th deadline. I am from the US as well, and did talk to a US attorney, but he made it sound like they would not have to sue us, but would have to hand deliver a collection notice. He said that there were international laws that allowed rulings in one country to be imposed in another country. Now I am so confused and not sure what to do! I am only a few hours from the Canadian border, so I fear they would have no problems coming down here to enforce it.

 

[torqued]

So it sounds like you are comfortable ignoring the Feb 15th deadline. I am from the US as well, and did talk to a US attorney, but he made it sound like they would not have to sue us, but would have to hand deliver a collection notice. He said that there were international laws that allowed rulings in one country to be imposed in another country. Now I am so confused and not sure what to do! I am only a few hours from the Canadian border, so I fear they would have no problems coming down here to enforce it.

I will run that by the attorney I spoke with again tomorrow but he seemed to know what he was talking about. He specializes in timeshare law and has dealt with NW in the past. I would ask your attorney to show you the international law he is specifically referring to and explain how it would apply to you in this situation. I don’t think he’s right. Also the Feb 15th deadline is for the option 1 people. I opted out of the settlement or option one. So I’m not part of that group. But I will try to clarify the above for the both of us.

 

[NeverNeverAgain]

This is not to say it will easy for them to enforce the judgement, only that is will not require them to retry the case in the US.

http://www.mcmillan.ca/101564

And for Washington State in particular:

[EDITED TO REFLECT CORRECT LINK: http://app.leg.wa.gov/RCW/default.aspx?cite=6.40A]

From my understanding, some states have mutual agreements with Canada. A judgement in Canada is also good in some US states. I think Washington has the mutual agreement. Torqued, I noticed you are in VA and I suspect they do not, so you are in a much better position than those in WA and many other boarder states.

 

[ecwinch]

My original post had the wrong link for WA state (though it does not matter for Torqued in VA). Here is the correct one:

http://app.leg.wa.gov/RCW/default.aspx?cite=6.40A

 

[NeverNeverAgain]

This link provides a list of states that are on the recognition act. Torqued, note that VA is on the list, so I am unsure why the lawyer gave you that advice. Maybe BC judgements are different than Ontario? Would not think so.

http://www.gilbertsondavis.com/enforcement-ontario-judgment-us-u-s-american-states/

 

[torqued]

Looks like there is variation from state to state. I’ll send both of these to the attorney I spoke with and get his comment. Do we technically have a judgement by a court against us at this point?

 

[NeverNeverAgain]

Looks like there is variation from state to state. I’ll send both of these to the attorney I spoke with and get his comment. Do we technically have a judgement by a court against us at this point?

I assume you were sued in BC, so yes. If in Alberta, still waiting on costs. However, it is my understanding if you do not live in Alberta, you were sued in BC. MG should be able to confirm if he had not previously sent you the court docs.

 

[torqued]

Unfortunately I think you are right. I read the Uniform Foreign Money-Judgements Recognition Act and it would appear your interpretation is correct. I am sending the act to the attorney I spoke with and see what his response is. Might be moving to West Virginia next week! So sorry my American friends for the misinformation.

 

[SAV]

I am not saying that. Timeowners believed in both MG and and the MLT AIKINS PDF by David Wotherspoon. I talked on the phone with MG and he even had me convinced this was a done deal getting Northmont to the table and they would have to pay that 25.4 million and this would bankrupt them. He was also protecting moving buildings out of the timeshare. What happened and if you read the MLT AIKINS PDF, this document totally protected our Lease Contract. Why did MG change over night and became a bill collector? What we have to do now is have every one that have paid the extortion or decided not to pay please send a copy to Honourable Navdeep Bains. This Minister is the man that we have to deal with CONSUMER PROTECTION. Did we ever sign anything with NORTHMONT? We have not. What is Northmonts Consumer Protection? I have sent many documents to the PRIME MINISTERS OFFICE and now the Executive Correspondence Officer for the PRIME MINISTER'S OFFICE has moved the file to the HONOURABLE NAVDEEP BAINS. We all have to work together and when the Minister sees the millions being extorted, how can he not see there is no CONSUMER PROTECTION. Timeshare is no different than any other business and Consumer Protection is very important. If need be i am willing to meet with the PM and MR BAINS. email Navdeep.Bains@parl.gc.ca Ph. 613-995-7784 Constituency 1-905-564-0228

thanks for posting this. I just wrote him a letter. I also just sent in my $42,630 to our scam artist Geldert. Just sickening!!

 

[SAV]

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 ?

So has something been organized for people to get together this weekend?

 

[Broke Mama]

I will run that by the attorney I spoke with again tomorrow but he seemed to know what he was talking about. He specializes in timeshare law and has dealt with NW in the past. I would ask your attorney to show you the international law he is specifically referring to and explain how it would apply to you in this situation. I don’t think he’s right. Also the Feb 15th deadline is for the option 1 people. I opted out of the settlement or option one. So I’m not part of that group. But I will try to clarify the above for the both of us.

What law firm in the states?

 

[dotbuhler]

Forward them all on to our Honorable Navdeep Bains to add to his armor. After all, he should ultimately be looking out for us as consumers. Navdeep.Bains@parl.gc.ca
Please remember that we NEED all the exposure we can get, and every time our concerns are forwarded it is not merely "passing the buck", but actually a step in the right direction. The more "eyes on" the better. Worse case scenario: NO RESPONSE.

 

[Palms to pines]

Has anyone not involved with the doomed Geldert group contacted service Alberta or whomever to try and fight Northwynd with the consumer laws ?

 

[So sick of this mess]

Looks like there is variation from state to state. I’ll send both of these to the attorney I spoke with and get his comment. Do we technically have a judgement by a court against us at this point?

I do not believe we have an individual judgement against us, but we are considered part of the Geldert group that the judgements refer to. I did choose option 1. Did your attorney say anything about those of us that choose option 1?

 

[torqued]

I do not believe we have an individual judgement against us, but we are considered part of the Geldert group that the judgements refer to. I did choose option 1. Did your attorney say anything about those of us that choose option 1?

No I didn’t discuss that with him

 

[torqued]

Unfortunately he is out of the office today so I won’t be able to get a response until next week

 

[MgolferL]

Sent both my letter outlining my experience and the letter from the INTERIM AB government. Do it people before you are gagged forever by these scumbags.
Now on the way to send a check to the black lord and his bill collector. This is wrong on so many levels AND IF there is one person on this thread that stills wants to defend Northwynd/Northmont/Sunchaser/MG/KW...please contact me through the email link contained herein. I would love to meet you in person and discuss this...INSTEAD of you hiding behind anonymous postings.
Lastly KW doesn't look like Seinfeld..looks more like a cartoon rat...but I am not an art critic.