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

torqued

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Interesting. Any idea what personal jurisdiction could mean? Does that mean if they did not hand deliver the civil claim to me they did not have personal jurisdiction?
I’ve got the feeling that if you’ve been a part of this litigation they can claim personal jurisdiction over you but not sure I’m getting that clarified this coming week.
 

ecwinch

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Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
I’ve got the feeling that if you’ve been a part of this litigation they can claim personal jurisdiction over you but not sure I’m getting that clarified this coming week.

I would agree - involvement with MG would probably prejudice that issue. That you are subject to the judgement since you defended yourself in Canadian court.

Also - if you were in the military service during this timeframe - you want to make sure that any interest charges conform with the Servicemembers Civil Relief Act.

https://www.justice.gov/servicemembers/servicemembers-civil-relief-act-scra

Just throwing that out there since you bought this in Great Falls and now show Virginia as your location. Spent many a summers in Great Falls.
 

NoMas

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I was living in Great Falls when I bought this nightmare. I don’t know what city you are in but a very smart attorney in GF is Steven Potts. He also has a CPA degree. My attorney friends there say he’s the smartest attorney in town. He’s a pit bull in court from what I here. Just thought I’d throw it out there for you
In Helena, and I have someone looking at it here, but this is certainly not his expertise. I should know something in the morning. Will keep Mr Potts in mind, thank you.
The other thing I thought about is not paying and not ever being able to visit Canada again without fear of being picked up by a crooked lawyer or something!
And by the way, has anyone else done the math on MG's last "retainer"? About 1250 clients times $250 is around $315,000.........
 
Last edited:

Mason

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Ugg I live in Montana, Ive written so many letters to Canada and the U.S Politicians and Gov Protection office, Prime Minister, HOnorable David EBY B.C. I cant find a lawyer here in the states that knows anything about Canadian laws, or any Lawyer that wants to help. We purchased in 1996, our contract states after 120 days of non payment the TS goes back to FRP. Beacause of disability reasons that’s what we thought we did. Now with time so short my head is like in a tennis match, should we send that money, or not. I dont know. I talked to a lawyer in Kalispell this morning he said he wouldn’t pay, but “I dont know enough about the Canadian law” I feel so bad for that couple in Cardston having a $100,000.payment. What a scam..
 
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Michael Geldert

Thank you for your recent update dated February 12th received like a thief in the night while I slept.

It clarified a lot of things and I will address them based on the how they appeared in the update.

Wow, over 2000 emails and phone calls in just a couple of weeks!!
You must feel very special to be in such high demand and think of the billable time you are wracking up. I guess intentionally failing to provide proper consultation on what you have done or fail to do is profitable when you create an opportunity to correspond with people individually opposed to efficiently summarizing common questions for entire group in an update.

Oh ya – question for you, the email I sent with questions was never answered and you just sent me a BS reply about Facebook conspiracy posts, is it ‎included in the sum or was there thousands more you just chose to ignore if the questions were to difficult to answer or are you trying to hide something?

Related to this you created a distinct grouping and as such I hope you have initiated dividing billing appropriately. Any services you are now providing to Option 2 people like all their filings, consultations, and work you are having SLG do on their behalf are no longer billable to Option 1 people as their fate is already sealed and vise versa – please ensure to send them appropriate billing as our group is not responsible for paying for them from what we have paid already and the additional $250 fee you are charging as part of the Settlement Agreement.

Don’t forget to make some time to complete an account reconciliation for us all – we do want to know what we paid for and will be asking for the associated documentation for our files as our accounts will be paid in full so no denying us this information as we have paid in full then some.


Dispute with Northmont is guaranteed over for Option 1 people
I have my finger crossed as this is about as good as it gets and many people have come to the same conclusion there may be wholes in your date with David Wotherspoon to reach our settlement with Northmont.

Why because it is not spelled out 100% in the Settlement Agreement or provided as part of the Settlement Minutes as none of your clients have seen these to know the entire scope and tone of the negotiations.

It still doesn’t say in our update we are free of the Resort Villa Management debt just clear of our obligation to Northmont – can you get it right and just say that if that is what it means!!! If I still owe this debt I would be better off declaring bankruptcy now then just swirly around the outer edge of it.


Get those document in by Feb 15th
I liked this answer – at least it appears the exchange of our hard earned money withdrawn from RRSPs, borrowed from family members, and sums up over two years of after tax earnings for us has been done without giving Northmont the upper hand for the release of what should be an asset already paid in full Northmont needs to complete their plans to move forward.

Must admit the Settlement Agreement was quite confusing on this point and it definitely appeared it was a pay and pray sort of relationship to get our releases.


How did Michael Geldert own the negotiations at the Settlement Agreement Negotiations
In intense negotiations which lasted less than a day but took almost 5 years to get to he solely negotiated:
  • Hardship for everyone
  • A paltry 120% of our current outstanding bills to sell our lease back to the developer / resort manager
  • Cancellation of Petitions that now allow Northmont to move forward with realignment and unilateral changes to our VIA contracts
  • Unacceptable terms
  • A built in 162% penalty if we don’t comply
What are we getting:
  • An extra 2 weeks to pay millions of collective dollars
  • The benefits of not using a negotiator or the Courts to act on our behalf if the two parties failed to arrive at amical terms
  • Knowledge that Michael Geldert has screwed the entire Canadian Timeshare Industry based on the Court legal precedents he has set and totally abused the Courts to get us here

The Settlement Agreement is yours people – Own it!!!

Northmont has accepted Michael Geldert as our sole representative and neither party thought it wise for even one person from the litigation group to attend the negotiations or actually approve the Settlement Agreement minutes at the time they were created and actually participate in signing them with the parties involved while at the negotiations. Nothing like creating a potential conflict of interest and no wonder people are not lining up to sign for something they had no representation or part of and have been coerced to accept (if they actually do).

Ever wonder is this could be just one of many chinks in the armour of this eventually all falling apart?

Not that Michael has ever lied to us before but why is it even as late as last week Northmont has still allowed people to opt into the Settlement Agreement – Michael is there someone else doing your job so you don’t know this or are you just trying to scare us again into compliance?

Funny how we are bond to a Settlement Agreement completed December 14th and had the opportunity to opt out of by December 29th but only received it January 10th – still don’t believe you can consent to something before you receive it and then use extortion for people to accept it.


Failure to comply is not an option (sounds like something from Doctor Who)
Threats and penalties – so tired of hearing about these, time for a new line Michael. What about telling us the next part of the strategic plan.

Strategically for Northmont to move forward with their realignment they still need to get peoples VIAs and don’t want anyone with a backbone to remain at the resort – I bet a plan is in the works to send out notices to the effect that Northmont will provide individual notice your via has been terminated for people who fought this or are just sitting on the sidelines. Michael Gelder just gift wrapped a group of us with the negotiated Settlement Agreement and fired clients but the “delinquent” debt for everyone still exists so is it really a threat anymore not being able to get out?


Go figure – people are making mistakes
Guess there is a bit of complexity that should have been explained related to the Settlement Agreement and some lack of continuity in the January 10th update with all the details – no worries the billable time clock is running to answer the over 2000 calls and inquiries about this over the past couple of weeks (poor Michael probably hasn’t gotten any sleep – I didn’t trying to figure out if I would or could pay).

Kudos to the people who are making cheques out to “Resort Villa Management” not because they are making a mistake - they don't trust Michael Geldert or that his settlement includes this debt to Resort Villa Management people as being part of the settlement amount.

Others are trying to apply their own ingenuity by not signing or adding in comments to the effect they don’t agree and are doing so under duress – guess more billable time tracking down these people and trying to get them to comply (hope they unload on you and call you out for the type of person you are – you have their money and in my opinion are fare game to loss a strip or two while they still have your attention).


Hardship Clients
There are no acceptations, everyone is suffering hardship as a result of Michael Geldert’s actions.
  • What happened in the Jeke trial that caused you to remove key pieces of evidence?
  • What happened in the Super Conference where Justices told you this was better suited as a Class Action?
  • What happened when Justice Branch or Judge Young spelled out deficiencies and you ignored them?
  • What strategic purpose prompted Michael Geldert to maximise his own business returns by feedings us lies and mixed messages for his clients maximum loss?
So there are 128 people (about 10%) who have come forward and asked for help but I would bet the number is a lot higher. The people who are not coming forward are probably intimidated by the forms you want them to fill out detailing their assets and debts but you have put the fear of Northmont into them over the past 4 years and do you think they want them knowing everything financially about them?

For the 128 people who have applied is Michael Geldert going to make them complicate in a fraud as he has done with all of us who don’t pay because we could not pay – we were never asked if we could pay by Michael Geldert but he signed a negotiated Settlement Agreement that we could and would pay.


Questions for you Michael Geldert:
People are realizing that you have totally screwed them no matter what option they took and some are actually opting back in so at least they can have finally have closure with Northmont something you continually told us all along we would not get when it was previously offered.
How do you justify throwing people under the bus as a result of a 7 hour negotiation after taking almost 5 years to get everyone to this point?

People are not going to forgive and forget what you have done and a lot are just coming to the realization what you have done or failed to do but don’t worry a group of us are already working on that. Through educating others by meeting in small groups and detailing your failures others realize quickly this was not all the big bad monster out to get us but a failure to be represented properly.
Whatever Michael Geldert’s perception is – he has failed all his clients.
Given the nature of this group do you really think this is over?


My Regards,
UB
 

aden2

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Ugg I live in Montana, Ive written so many letters to Canada and the U.S Politicians and Gov Protection office, Prime Minister, HOnorable David EBY B.C. I cant find a lawyer here in the states that knows anything about Canadian laws, or any Lawyer that wants to help. We purchased in 1996, our contract states after 120 days of non payment the TS goes back to FRP. Beacause of disability reasons that’s what we thought we did. Now with time so short my head is like in a tennis match, should we send that money, or not. I dont know. I talked to a lawyer in Kalispell this morning he said he wouldn’t pay, but “I dont know enough about the Canadian law” I feel so bad for that couple in Cardston having a $100,000.payment. What a scam..
You should put your concerns in a dispute note regarding your contract. My dispute note has the violations of my contract as reasons for not paying.
(http://www.schuettlaw.com/course/course materials/Reference Materials/Dispute Note.pdf)
 

torqued

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Sunchaser
Ugg I live in Montana, Ive written so many letters to Canada and the U.S Politicians and Gov Protection office, Prime Minister, HOnorable David EBY B.C. I cant find a lawyer here in the states that knows anything about Canadian laws, or any Lawyer that wants to help. We purchased in 1996, our contract states after 120 days of non payment the TS goes back to FRP. Beacause of disability reasons that’s what we thought we did. Now with time so short my head is like in a tennis match, should we send that money, or not. I dont know. I talked to a lawyer in Kalispell this morning he said he wouldn’t pay, but “I dont know enough about the Canadian law” I feel so bad for that couple in Cardston having a $100,000.payment. What a scam..
Tester and Daines didn’t even answer my email. Of course I am no longer a constituent. Have you tried going to one of their offices with your complaint?
 

tssuck

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I’ve got the feeling that if you’ve been a part of this litigation they can claim personal jurisdiction over you but not sure I’m getting that clarified this coming week.

From what I have read, the Courts in your State has to determine if they (the Court) have personal jurisdiction over you before you can be sued. It does not have anything to do with any interaction you may have had to do with previous litigation. Please let me know if I have this wrong. It may vary from State to State.
 

Mason

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Tester and Daines didn’t even answer my email. Of course I am no longer a constituent. Have you tried going to one of their offices with your complaint?
I wrote both and received a response from Tester office to contact the Consumer Protection, which I did they said this was out of their jurisdiction. Prime Minister’s office responded with contact Honorable Eby, so I wrote him, no response. Pres Trump No response.
 

tssuck

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Michael Geldert

Thank you for your recent update dated February 12th received like a thief in the night while I slept.

It clarified a lot of things and I will address them based on the how they appeared in the update.

Wow, over 2000 emails and phone calls in just a couple of weeks!!
You must feel very special to be in such high demand and think of the billable time you are wracking up. I guess intentionally failing to provide proper consultation on what you have done or fail to do is profitable when you create an opportunity to correspond with people individually opposed to efficiently summarizing common questions for entire group in an update.

Oh ya – question for you, the email I sent with questions was never answered and you just sent me a BS reply about Facebook conspiracy posts, is it ‎included in the sum or was there thousands more you just chose to ignore if the questions were to difficult to answer or are you trying to hide something?

Related to this you created a distinct grouping and as such I hope you have initiated dividing billing appropriately. Any services you are now providing to Option 2 people like all their filings, consultations, and work you are having SLG do on their behalf are no longer billable to Option 1 people as their fate is already sealed and vise versa – please ensure to send them appropriate billing as our group is not responsible for paying for them from what we have paid already and the additional $250 fee you are charging as part of the Settlement Agreement.

Don’t forget to make some time to complete an account reconciliation for us all – we do want to know what we paid for and will be asking for the associated documentation for our files as our accounts will be paid in full so no denying us this information as we have paid in full then some.


Dispute with Northmont is guaranteed over for Option 1 people
I have my finger crossed as this is about as good as it gets and many people have come to the same conclusion there may be wholes in your date with David Wotherspoon to reach our settlement with Northmont.

Why because it is not spelled out 100% in the Settlement Agreement or provided as part of the Settlement Minutes as none of your clients have seen these to know the entire scope and tone of the negotiations.

It still doesn’t say in our update we are free of the Resort Villa Management debt just clear of our obligation to Northmont – can you get it right and just say that if that is what it means!!! If I still owe this debt I would be better off declaring bankruptcy now then just swirly around the outer edge of it.


Get those document in by Feb 15th
I liked this answer – at least it appears the exchange of our hard earned money withdrawn from RRSPs, borrowed from family members, and sums up over two years of after tax earnings for us has been done without giving Northmont the upper hand for the release of what should be an asset already paid in full Northmont needs to complete their plans to move forward.

Must admit the Settlement Agreement was quite confusing on this point and it definitely appeared it was a pay and pray sort of relationship to get our releases.


How did Michael Geldert own the negotiations at the Settlement Agreement Negotiations
In intense negotiations which lasted less than a day but took almost 5 years to get to he solely negotiated:
  • Hardship for everyone
  • A paltry 120% of our current outstanding bills to sell our lease back to the developer / resort manager
  • Cancellation of Petitions that now allow Northmont to move forward with realignment and unilateral changes to our VIA contracts
  • Unacceptable terms
  • A built in 162% penalty if we don’t comply
What are we getting:
  • An extra 2 weeks to pay millions of collective dollars
  • The benefits of not using a negotiator or the Courts to act on our behalf if the two parties failed to arrive at amical terms
  • Knowledge that Michael Geldert has screwed the entire Canadian Timeshare Industry based on the Court legal precedents he has set and totally abused the Courts to get us here

The Settlement Agreement is yours people – Own it!!!

Northmont has accepted Michael Geldert as our sole representative and neither party thought it wise for even one person from the litigation group to attend the negotiations or actually approve the Settlement Agreement minutes at the time they were created and actually participate in signing them with the parties involved while at the negotiations. Nothing like creating a potential conflict of interest and no wonder people are not lining up to sign for something they had no representation or part of and have been coerced to accept (if they actually do).

Ever wonder is this could be just one of many chinks in the armour of this eventually all falling apart?

Not that Michael has ever lied to us before but why is it even as late as last week Northmont has still allowed people to opt into the Settlement Agreement – Michael is there someone else doing your job so you don’t know this or are you just trying to scare us again into compliance?

Funny how we are bond to a Settlement Agreement completed December 14th and had the opportunity to opt out of by December 29th but only received it January 10th – still don’t believe you can consent to something before you receive it and then use extortion for people to accept it.


Failure to comply is not an option (sounds like something from Doctor Who)
Threats and penalties – so tired of hearing about these, time for a new line Michael. What about telling us the next part of the strategic plan.

Strategically for Northmont to move forward with their realignment they still need to get peoples VIAs and don’t want anyone with a backbone to remain at the resort – I bet a plan is in the works to send out notices to the effect that Northmont will provide individual notice your via has been terminated for people who fought this or are just sitting on the sidelines. Michael Gelder just gift wrapped a group of us with the negotiated Settlement Agreement and fired clients but the “delinquent” debt for everyone still exists so is it really a threat anymore not being able to get out?


Go figure – people are making mistakes
Guess there is a bit of complexity that should have been explained related to the Settlement Agreement and some lack of continuity in the January 10th update with all the details – no worries the billable time clock is running to answer the over 2000 calls and inquiries about this over the past couple of weeks (poor Michael probably hasn’t gotten any sleep – I didn’t trying to figure out if I would or could pay).

Kudos to the people who are making cheques out to “Resort Villa Management” not because they are making a mistake - they don't trust Michael Geldert or that his settlement includes this debt to Resort Villa Management people as being part of the settlement amount.

Others are trying to apply their own ingenuity by not signing or adding in comments to the effect they don’t agree and are doing so under duress – guess more billable time tracking down these people and trying to get them to comply (hope they unload on you and call you out for the type of person you are – you have their money and in my opinion are fare game to loss a strip or two while they still have your attention).


Hardship Clients
There are no acceptations, everyone is suffering hardship as a result of Michael Geldert’s actions.
  • What happened in the Jeke trial that caused you to remove key pieces of evidence?
  • What happened in the Super Conference where Justices told you this was better suited as a Class Action?
  • What happened when Justice Branch or Judge Young spelled out deficiencies and you ignored them?
  • What strategic purpose prompted Michael Geldert to maximise his own business returns by feedings us lies and mixed messages for his clients maximum loss?
So there are 128 people (about 10%) who have come forward and asked for help but I would bet the number is a lot higher. The people who are not coming forward are probably intimidated by the forms you want them to fill out detailing their assets and debts but you have put the fear of Northmont into them over the past 4 years and do you think they want them knowing everything financially about them?

For the 128 people who have applied is Michael Geldert going to make them complicate in a fraud as he has done with all of us who don’t pay because we could not pay – we were never asked if we could pay by Michael Geldert but he signed a negotiated Settlement Agreement that we could and would pay.


Questions for you Michael Geldert:
People are realizing that you have totally screwed them no matter what option they took and some are actually opting back in so at least they can have finally have closure with Northmont something you continually told us all along we would not get when it was previously offered.
How do you justify throwing people under the bus as a result of a 7 hour negotiation after taking almost 5 years to get everyone to this point?

People are not going to forgive and forget what you have done and a lot are just coming to the realization what you have done or failed to do but don’t worry a group of us are already working on that. Through educating others by meeting in small groups and detailing your failures others realize quickly this was not all the big bad monster out to get us but a failure to be represented properly.
Whatever Michael Geldert’s perception is – he has failed all his clients.
Given the nature of this group do you really think this is over?


My Regards,
UB


I notice that MG made no mention of the appeal in Edmonton on March 8 and the interest judgment that we are supposed to get on May 1. Whoever stated that MG has gone from being (supposedly) our lawyer to NM's money collector is right. Way to go MG!!
 

truthr

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Michael Geldert

Thank you for your recent update dated February 12th received like a thief in the night while I slept.

It clarified a lot of things and I will address them based on the how they appeared in the update.

Wow, over 2000 emails and phone calls in just a couple of weeks!!
You must feel very special to be in such high demand and think of the billable time you are wracking up. I guess intentionally failing to provide proper consultation on what you have done or fail to do is profitable when you create an opportunity to correspond with people individually opposed to efficiently summarizing common questions for entire group in an update.

Oh ya – question for you, the email I sent with questions was never answered and you just sent me a BS reply about Facebook conspiracy posts, is it ‎included in the sum or was there thousands more you just chose to ignore if the questions were to difficult to answer or are you trying to hide something?

Related to this you created a distinct grouping and as such I hope you have initiated dividing billing appropriately. Any services you are now providing to Option 2 people like all their filings, consultations, and work you are having SLG do on their behalf are no longer billable to Option 1 people as their fate is already sealed and vise versa – please ensure to send them appropriate billing as our group is not responsible for paying for them from what we have paid already and the additional $250 fee you are charging as part of the Settlement Agreement.

Don’t forget to make some time to complete an account reconciliation for us all – we do want to know what we paid for and will be asking for the associated documentation for our files as our accounts will be paid in full so no denying us this information as we have paid in full then some.


Dispute with Northmont is guaranteed over for Option 1 people
I have my finger crossed as this is about as good as it gets and many people have come to the same conclusion there may be wholes in your date with David Wotherspoon to reach our settlement with Northmont.

Why because it is not spelled out 100% in the Settlement Agreement or provided as part of the Settlement Minutes as none of your clients have seen these to know the entire scope and tone of the negotiations.

It still doesn’t say in our update we are free of the Resort Villa Management debt just clear of our obligation to Northmont – can you get it right and just say that if that is what it means!!! If I still owe this debt I would be better off declaring bankruptcy now then just swirly around the outer edge of it.


Get those document in by Feb 15th
I liked this answer – at least it appears the exchange of our hard earned money withdrawn from RRSPs, borrowed from family members, and sums up over two years of after tax earnings for us has been done without giving Northmont the upper hand for the release of what should be an asset already paid in full Northmont needs to complete their plans to move forward.

Must admit the Settlement Agreement was quite confusing on this point and it definitely appeared it was a pay and pray sort of relationship to get our releases.


How did Michael Geldert own the negotiations at the Settlement Agreement Negotiations
In intense negotiations which lasted less than a day but took almost 5 years to get to he solely negotiated:
  • Hardship for everyone
  • A paltry 120% of our current outstanding bills to sell our lease back to the developer / resort manager
  • Cancellation of Petitions that now allow Northmont to move forward with realignment and unilateral changes to our VIA contracts
  • Unacceptable terms
  • A built in 162% penalty if we don’t comply
What are we getting:
  • An extra 2 weeks to pay millions of collective dollars
  • The benefits of not using a negotiator or the Courts to act on our behalf if the two parties failed to arrive at amical terms
  • Knowledge that Michael Geldert has screwed the entire Canadian Timeshare Industry based on the Court legal precedents he has set and totally abused the Courts to get us here

The Settlement Agreement is yours people – Own it!!!

Northmont has accepted Michael Geldert as our sole representative and neither party thought it wise for even one person from the litigation group to attend the negotiations or actually approve the Settlement Agreement minutes at the time they were created and actually participate in signing them with the parties involved while at the negotiations. Nothing like creating a potential conflict of interest and no wonder people are not lining up to sign for something they had no representation or part of and have been coerced to accept (if they actually do).

Ever wonder is this could be just one of many chinks in the armour of this eventually all falling apart?

Not that Michael has ever lied to us before but why is it even as late as last week Northmont has still allowed people to opt into the Settlement Agreement – Michael is there someone else doing your job so you don’t know this or are you just trying to scare us again into compliance?

Funny how we are bond to a Settlement Agreement completed December 14th and had the opportunity to opt out of by December 29th but only received it January 10th – still don’t believe you can consent to something before you receive it and then use extortion for people to accept it.


Failure to comply is not an option (sounds like something from Doctor Who)
Threats and penalties – so tired of hearing about these, time for a new line Michael. What about telling us the next part of the strategic plan.

Strategically for Northmont to move forward with their realignment they still need to get peoples VIAs and don’t want anyone with a backbone to remain at the resort – I bet a plan is in the works to send out notices to the effect that Northmont will provide individual notice your via has been terminated for people who fought this or are just sitting on the sidelines. Michael Gelder just gift wrapped a group of us with the negotiated Settlement Agreement and fired clients but the “delinquent” debt for everyone still exists so is it really a threat anymore not being able to get out?


Go figure – people are making mistakes
Guess there is a bit of complexity that should have been explained related to the Settlement Agreement and some lack of continuity in the January 10th update with all the details – no worries the billable time clock is running to answer the over 2000 calls and inquiries about this over the past couple of weeks (poor Michael probably hasn’t gotten any sleep – I didn’t trying to figure out if I would or could pay).

Kudos to the people who are making cheques out to “Resort Villa Management” not because they are making a mistake - they don't trust Michael Geldert or that his settlement includes this debt to Resort Villa Management people as being part of the settlement amount.

Others are trying to apply their own ingenuity by not signing or adding in comments to the effect they don’t agree and are doing so under duress – guess more billable time tracking down these people and trying to get them to comply (hope they unload on you and call you out for the type of person you are – you have their money and in my opinion are fare game to loss a strip or two while they still have your attention).


Hardship Clients
There are no acceptations, everyone is suffering hardship as a result of Michael Geldert’s actions.
  • What happened in the Jeke trial that caused you to remove key pieces of evidence?
  • What happened in the Super Conference where Justices told you this was better suited as a Class Action?
  • What happened when Justice Branch or Judge Young spelled out deficiencies and you ignored them?
  • What strategic purpose prompted Michael Geldert to maximise his own business returns by feedings us lies and mixed messages for his clients maximum loss?
So there are 128 people (about 10%) who have come forward and asked for help but I would bet the number is a lot higher. The people who are not coming forward are probably intimidated by the forms you want them to fill out detailing their assets and debts but you have put the fear of Northmont into them over the past 4 years and do you think they want them knowing everything financially about them?

For the 128 people who have applied is Michael Geldert going to make them complicate in a fraud as he has done with all of us who don’t pay because we could not pay – we were never asked if we could pay by Michael Geldert but he signed a negotiated Settlement Agreement that we could and would pay.


Questions for you Michael Geldert:
People are realizing that you have totally screwed them no matter what option they took and some are actually opting back in so at least they can have finally have closure with Northmont something you continually told us all along we would not get when it was previously offered.
How do you justify throwing people under the bus as a result of a 7 hour negotiation after taking almost 5 years to get everyone to this point?

People are not going to forgive and forget what you have done and a lot are just coming to the realization what you have done or failed to do but don’t worry a group of us are already working on that. Through educating others by meeting in small groups and detailing your failures others realize quickly this was not all the big bad monster out to get us but a failure to be represented properly.
Whatever Michael Geldert’s perception is – he has failed all his clients.
Given the nature of this group do you really think this is over?


My Regards,
UB
:cheer:

2,000 emails and calls - wonder how many of those are clients requesting documents/information that they are entitled to and get the run around from MG wherein he could provide it right away but goes back and forth, back and forth trying to evade and divert - wasting precious resources. :ponder:
 

NoMas

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Well we heard back from the Helena lawyer this afternoon. He said we really have no standing to not pay, they can bring their judgement here and have it satisfied, and that of course cost will keep increasing since we won't be released from the timeshare. Will have a sit down with him in the AM, but we are still leaning not to pay. By the way, our bank can't do Canadian certified checks, that may be a problem too if we decide that way.

Is there a class action likelihood? Would be on that in an instant!
 

ecwinch

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Is this the current situation:

If you want to just put this behind you, MG is the only option that will terminate your obligations.

The other approach is to continue to ride this out and hope that a decision is reached that lessen's the interest due on the judgement. Or some other relief occurs.
 
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Is this the current situation:

If you want to just put this behind you, MG is the only option that will terminate your obligations.

The other approach is to continue to ride this out and hope that a decision is reached that lessen's the interest due on the judgement. Or some other relief occurs.

Let me try to briefly summarize this very complex situation as I understand it for any casual readers. This is just a summary of data from previous posts.

The answer is, it depends on who you are.

1. If you had MG as a lawyer and selected option 1, you have settled and need to pay 120% of your bill by Feb 15th. This is suppose to terminate you from your NM lease, but it is not certain if you are released from Resort Villa Management, an independent entity, as they may be able to still come after you for your current bill.
2. If you had MG and selected option 1 and don't pay by Feb 15th, MG will file a consent judgement against you for 162% of your current bill, and you will not be released from NM, meaning the charges and interest with Resort Villa Management will just keep going.
3. If you had MG and selected option 2, you probably don't have a lawyer anymore (nobody wants to touch this) and NM will not release you at this time. You can pay the current bill plus court costs (ruled on in BC but not yet in Alberta) and continue on. I am not sure if you will have the chance to actually defend yourselves in court on the appeal in Alberta, depends on what the judge does. Those sued in BC now have a completed judgement against them.
4. If you did not have MG, you can join a class action that appears to be forming, but interest and fees continue. There is hope that when this group has the chance to actually present a case in court, they can win. Otherwise they can pay their current bill and continue on. It is unclear if NM is currently allowing them a release. It has been said that the last known release fee was $16K.
5. Those that payed to stay can continue to pay what is demanded until their lease is up, or for the legacy for life, forever. The court has given NM the right to demand almost anything it wants. It is unclear if they will be offered any release from NM.
6. Everyone else is in hiding? Did I forget a group?

Not a good situation for anyone at the moment. I am hopeful the class action proceeds with a good lawyer and the crazy court decisions get overturned for the thousands that are still trapped in this mess. Maybe those in government will eventually decide to protect the average consumer and do something. Maybe the courts will someday realize that they should rule based on known laws and common understanding of contracts, not just bad lawyer arguments and behavior. Maybe someday criminal charges will be filed or collusion will be proven. Some day, justice will be served.
 

ecwinch

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.
1. If you had MG as a lawyer and selected option 1, you have settled and need to pay 120% of your bill by Feb 15th. This is suppose to terminate you from your NM lease, but it is not certain if you are released from Resort Villa Management, an independent entity, as they may be able to still come after you for your current bill.
Understood. i.e. "If you want to just put this behind you, MG is the only option that will terminate your obligations."

2. If you had MG and selected option 1 and don't pay by Feb 15th, MG will file a consent judgement against you for 162% of your current bill, and you will not be released from NM, meaning the charges and interest with Resort Villa Management will just keep going.

3. If you had MG and selected option 2, you probably don't have a lawyer anymore (nobody wants to touch this) and NM will not release you at this time. You can pay the current bill plus court costs (ruled on in BC but not yet in Alberta) and continue on. I am not sure if you will have the chance to actually defend yourselves in court on the appeal in Alberta, depends on what the judge does. Those sued in BC now have a completed judgement against them.

Not a good situation for anyone at the moment. I am hopeful the class action proceeds with a good lawyer and the crazy court decisions get overturned for the thousands that are still trapped in this mess. Maybe those in government will eventually decide to protect the average consumer and do something. Maybe the courts will someday realize that they should rule based on known laws and common understanding of contracts, not just bad lawyer arguments and behavior. Maybe someday criminal charges will be filed or collusion will be proven. Some day, justice will be served.

Understood. i.e. The other approach is to continue to ride this out and hope that a decision is reached that lessen's the interest due on the judgement. Or some other relief occurs.

So in terms of the decision someone has to make, there are only two doors - write a check or ride it out.
 
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Understood. i.e. "If you want to just put this behind you, MG is the only option that will terminate your obligations."



Understood. i.e. The other approach is to continue to ride this out and hope that a decision is reached that lessen's the interest due on the judgement. Or some other relief occurs.

To further clarify, for option 1 people (Groups 1 and 2), there is no option anymore. The option 1 people have been decided and set in stone last year. My understanding is no one can leave option 1 or join option 1. There is no hope of any further decisions from the court, the settlement is done and no relief can occur short of criminal charges. The courts can not decide on anything related to the settlement.

For option 2 people (Group 3), it is possible that the Alberta court can reduce the interest for those sued in Alberta, but I think unlikely due to the BC court decision. Again, the BC court is done and judgement determined, no chance of relief for those sued in BC, short of criminal charges. It has been posted that NM is not providing a release for this group at this time.

Only those that did not have MG as their lawyer (Groups 4 to 6) have a reasonable chance of interest reduction or preferably relief in a court decision that delivers justice. It seems the MG group was lead to the slaughter. Yes MG did (maybe) release a subset of his clients from their obligations if that is the point being made. However, it was at a very high cost, a cost too high for many to deal with, and effectively lost all options but to pay or go bankrupt due to the judgements.
 
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torqued

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Well we heard back from the Helena lawyer this afternoon. He said we really have no standing to not pay, they can bring their judgement here and have it satisfied, and that of course cost will keep increasing since we won't be released from the timeshare. Will have a sit down with him in the AM, but we are still leaning not to pay. By the way, our bank can't do Canadian certified checks, that may be a problem too if we decide that way.

Is there a class action likelihood? Would be on that in an instant!
Since lm in the same sinking ship you are in my question is can we even join a class action suit since the BC courts have already made a judgement against us??
 

Shake Down

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In regards to MG clients Selecting Option 1 on the SIF (Sunchaser Information Form) issued back in Oct 27th on what MG referred to as an “Agreement” and this is noted on this form (elect 1 or 2 ) vs Signing the later December "Settlement" as I see this being more the contract.

Agreement Vs Contract (not my words just researched)

If an agreement is, any understanding or arrangement reached between two or more parties and is typically not enforced by the law.

A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law.

Contracts need to be executed properly in order to be legally binding, must have the element of consideration (a price or value) exchanged in the agreement. Consideration is not limited to money, and can include a right, interest, or benefit. Both parties must benefit in some form.

The two basic elements of a valid contract are “offer” and “acceptance”. One party makes an offer (outlines what is provided), and the other party accepts the terms of the offer (usually in writing). Acceptance can take time, whereby the negotiation process takes place until an agreement is reached.

Reasons contracts are void or voidable are due to the illegal nature of the document, being taken advantage of by another party, or being presented with false information.

* So is the Oct/SIF Agreement binding people automatically into the "MG Option 1", who had never went any further then just only electing 1 on the agreement?
 

tssuck

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In regards to MG clients Selecting Option 1 on the SIF (Sunchaser Information Form) issued back in Oct 27th on what MG referred to as an “Agreement” and this is noted on this form (elect 1 or 2 ) vs Signing the later December "Settlement" as I see this being more the contract.

Agreement Vs Contract (not my words just researched)

If an agreement is, any understanding or arrangement reached between two or more parties and is typically not enforced by the law.

A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law.

Contracts need to be executed properly in order to be legally binding, must have the element of consideration (a price or value) exchanged in the agreement. Consideration is not limited to money, and can include a right, interest, or benefit. Both parties must benefit in some form.

The two basic elements of a valid contract are “offer” and “acceptance”. One party makes an offer (outlines what is provided), and the other party accepts the terms of the offer (usually in writing). Acceptance can take time, whereby the negotiation process takes place until an agreement is reached.

Reasons contracts are void or voidable are due to the illegal nature of the document, being taken advantage of by another party, or being presented with false information.

* So is the Oct/SIF Agreement binding people automatically into the "MG Option 1", who had never went any further then just only electing 1 on the agreement?

Please correct me if I am wrong. The option 1 people signed in good faith believing that MG was working for them. In fact, he as really working for himself and NM. As the above information indicates "both parties did not benefit in some form". MG and NM benfitted but Option 1 people did not. The last paragraph sums up what happened. In my mind, the contract for the Option 1 people is void as due to the illegal nature of the document. MG's latest information package sent on Feb 12th is a continuation of the bulllying tactics that have become MG and NM's pattern to get money from us that they are not deserving of. For all Americans, NM will have to hire lawyers, pay fees to sue you. They have to do this on an individual basis for every American involved which will take time and monies from their pockets.
 

Petus@18

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I understand from the Merriman's that anyone who has been affected by this mess is welcome to join their Class Action lawsuit. No matter if you are options 1 or 2 from Geldert's group, or not. You should connect with them before you "actually sign your agreement to MG' settlement", after that you are double screwed because you would have agreed to the gag order and cannot be part of any other actions against Northmont and Geldert. We cannot afford to pay the amount Geldert negotiated for us, so you are right, we will continue to handle this bumpy ride until we find a better solution or declare bankruptcy. I also agree that the SIF is not a contract; Geldert opted to enter into this settlement on his own, he didn't consider if his clients had the resources to pay the extravagant amounts he agreed to pay 'on our behalf'. We should have the right to opt out of this settlement even now. The SIF is not legally binding, in our opinion, we did not agree to this settlement period. Geldert is using the threat of an automatic judgement for 162%. How can we not appeal? Why are we accepting this as our only option? Geldert keeps manipulating us like 'puppets on a string'. We wouldn't accept his BS 10, 20 years ago but unfortunately the older we get the easier is for others to take advantage of us! Reality sucks! We can't let him get away with this scam. You may not agree but we still have choices.
 
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Spark1

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Did I understand this right? Did the Merriman’s say Collin Knight only owned 25% of Fairmont Resort Properties LD? And the other 75% of the Resort was owned by the Trustee’s 3 X wife’s ? That being 25% each. Is this not a conflict-of-interest? What does Trustee mean? You can not Trust this son of a bitch for nothing . This is all Fraud.
 

SAV

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Here is the note i included with my $43,600 payment to Geldert...


Mr. Geldert,



Attached are the agreements you have requested for us to sign.


For the record you are the worst lawyer I have ever encountered in my life. This was the easiest case in the world to fight and win and somehow you completely mismanaged this file.


You had no strategy. You had no business accepting this file. You are a one man law firm with no credentials to take this on. Then you just got smoked by the Northmount legal team.


At the VERY LEAST you should have done is told us at the beginning in 2013 to pay the amounts into trust to stop the interest. Any lawyer with any intuition about this case could figure that out. Says to me you had no comprehension of the file. No idea of the legal system in Canada. And were only interested in your fees. So we all loose thousands of dollars. You make millions.


I can afford to pay this but there are so many who cant or for whom this will create severe financial hardship. I feel sorry for them and for all of us for picking you to represent us.


You are a disgrace to the legal system we have in Canada.


Pathetic!!!


I hope you get all that is coming to you.


SAV
 
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Did I understand this right? Did the Merriman’s say Collin Knight only owned 25% of Fairmont Resort Properties LD? And the other 75% of the Resort was owned by the Trustee’s 3 X wife’s ? That being 25% each. Is this not a conflict-of-interest? What does Trustee mean? You can not Trust this son of a bitch for nothing. This is all Fraud.

Spark 1, of all people, you need to be told NOW it's a Fraud? Are you surprised? You do know Collin Knight sold a resort to his brother and they didn't even change the phone number for the head office in Canada, right? They then immediately told the Leasees that they'd have to raise their maintenance fees because of the poor condition of the 'PROPERTY' - it wasn't a bleeping Resort either (#NAFR) - which they blamed on the previous bad management. If that sounds familiar, then yes, it's a FRAUD?
 

Petus@18

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Thanks for posting the link for this article https://www.columbiavalleypioneer.com/news/proposed-rezoning-for-sunchaser-vacation-villas/

The comment made by Wankel, quote:
“The realignment of the timeshare resort is to shrink the timeshare resort to its operational capacity and to utilize the remaining buildings in a different fashion and this opens up more flexibility into what those buildings can be used for,”

It looks to me that before they can make all these changes, they need to get rid of ALL of us! That explains why we have been trapped in this mess. With the help of MG, we are now being forced to relinquish our timeshares and pay large sums of money to help Northmont with the renovations. Yes, we have been hit hard. Really the 162% threat is deadly and it is also their way to scare everyone to pay the ransom. MG has done a great job ensuring Northmont gets what it wants/needs. All of this makes you wonder "why did our lawyer agree to such a settlement?" It is very unethical and questionable. I know he is convincing many of us to sign, pay and get out; "he is a great communicator when he wants something"

Again, everyone should make their own decisions and follow their instincts. For those of us that cannot pay or have decided to rescind the settlement agreement, get ready for court. Remember, "they need to rennovate and want to get rid of us" Could we have a better hand later? Who knows! God help us all.
====
Would this explain why Geldert continues sending us reminders? Is his threats of the 162% judgement legal or just another way to make us sign the settlement like he did with the SIF? Could we not appeal this since the SIF was obtained with false pretenses and this bloody document is not a contract?

The owners are Northmont/Northwynd/Sunchaser. They are restructuring the resort into condos and a hotel-like facility. Northmont wants us out and they need us to relinquish our leases, so that they can resell the new resort to new buyers.

We will continue fighting and that is our choice!
 
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