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

[MarcieL]

I used to work in a profession where we all had each other's back, unless someone did something unethical or negligent...then we would toss you under the bus faster than you could say Mike G. Perhaps there is a lawyer out there somewhere that still takes pride in his/her profession that would like to hold a (possibly and without prejudice) negligent lawyer to account. From the very beginning, many of us took the advice we were given and ended up here. Who wants to see someone held to account for this fiasco?!

Just wondering if anyone knows an answer to this, if you are unable to pay under option 1 as of yesterday and have no assets or savings, your only recourse is bankruptcy? Or is there any other option, such as, now that the deadline has past, will Northwynd Sunchaser talk to you or do you have to talk to Sauvignon Law firm or do you just have to suck it up and claim bankruptcy?

If it were me with no assets I would claim and walk away. Contact a bankruptCy trustee. I suppose you could try and negotiate with Savangeau but he is a master .

 

[aden2]

If it were me with no assets I would claim and walk away. Contact a bankruptCy trustee. I suppose you could try and negotiate with Savangeau but he is a master .

Unless there was a violation regarding the Fair trading Act and you quote it in your Dispute Note!

 

[LilMaggie]

The way I read it is IF your are OPTION 1 with Geldert, you are commited to the 26.8% Interest + 20% up to yesterday and 162% there after, as you were BULLIED to sign under EXTREME duress into OPTION 1, whatever Judge Young decides on interest and fees does not apply for OPTION 1 people?

Yup...that's what I got out of all that. Could be wrong but as per usual, Option 1 folks are persona non grata.

 

[melamike]

Just wondering if anyone knows an answer to this, if you are unable to pay under option 1 as of yesterday and have no assets or savings, your only recourse is bankruptcy? Or is there any other option, such as, now that the deadline has past, will Northwynd Sunchaser talk to you or do you have to talk to Sauvignon Law firm or do you just have to suck it up and claim bankruptcy?

In what I have gleaned from my lawyer is that if you do not pay or did not pay as the case is now then Northmont has a judgement against you. The challenge for them is that they have to find assets that they can efficiently get their hands on. In other words they still have to collect the money and if there is none (or you are good at hiding it -which I truly hope is the case) then the judgement is useless. Like the old say goes "you can't get blood from a stone". I would not declare bankruptcy, that's not a nice process, just make sure there's nothing for the Vultures to take and they will hopefully flock off to another feeding ground.

 

[MarcieL]

Unless there was a violation regarding the Fair trading Act and you quote it in your Dispute Note!

If you were an M.G. client that ship sailed under Jeke. He never introduced the Fair Trade Act thus it is considered relitigation as I understand .

 

[Petus@18]

If you were an M.G. client that ship sailed under Jeke. He never introduced the Fair Trade Act thus it is considered relitigation as I understand .

We're are now on our own, I think we can appeal what "our lawyer' neglected to do. It looks like there are a few of us continuing the fight this way. Filing a dispute note like aden2 has mentioned makes sense. There are also other options less drastic than opting for bankruptcy. You should discuss the best option for you with a bankruptcy lawyer/advisor. We hope the class action suit goes ahead so that we can join it. Let's keep searching and praying.

 

[Frau Blucher]

For anyone that did this, MG contacted people back and said "This indicates you have not provided your informed consent to sign. without a properly executed Release Agreement Northmont will not accept your settle agreement. Please ensure we have a Release agreement on or before February 15, 2018

I asked a friend who is a lawyer about adding “under duress” and this is what he told me...

“Duress is a legal term that means the person is not signing of their own free will and refers to situations such as someone has been threatened with Violence
It legally invalidates the document signed
So Writing that on the Release would probably invalidate it and probably leave Option 1 people liable to the 162 percent Consent Judgment Geldert agreed to”

 

[Petus@18]

 

[Petus@18]

 

[MarcieL]

Now that I have seen the settlement documents, I feel option 1 clients are no different than option 2, only difference is option 1 gets a release.

Please correct me if I am wrong? Again, option 1 was threatened with an automatic judgment of 162% but why Geldert still needed your consent for judgement? If you didn't sign the settlement and the SIF was obtained by Geldert with false pretenses, how can he enter a judgment?. Option 1 paid the ridiculous sum of money, was gagged, relinquished their timeshare investment and paid 250.00 more to Geldert for collecting the money for Northmont. Yes, option 1 got a release but at what cost though! Thanks to our honest, non-corrupted lawyer!

I have been thinking, say, you continue fighting, the judge hopefully grants a lesser interest and cost or not? we can always plead for clemency, the judge may be more receptive than Northmont and Geldert without a doubt! Now, we get to keep our timeshare investment and timeshare leaseholders rights, correct? If Northmont is transforming the resort, how they will be honoring our rights? Or accommodating the vacation weeks for those of us that remain? Geldert threatened us by saying Northmont will charge us whatever they want? Well, when we appeal, we need to ask that a timeshare association be formed, no matter how many few people remain, to ensure Northmont doesn't charge us at their pleasure, we also need to ask the judge how Northmont will continue with our timeshare rights if they are planning to have condos and a hotel like accommodations? Wouldn't Northmont still want us out? I am interested in your comments. Anyone?

Does the interest still keep accumulating while you are before the courts? Will NM charge 16000.00 to release one week as M.G. said was now happening. They seem to be able to do as the wish. Many of us chose 1 as we could no longer afford the downside. 40 grand was a hit we could not afford either had to cash in all TFSA's and borrow. Sick, sick, situation

 

[MgolferL]

Now that I have seen the settlement documents, I feel option 1 clients are no different than option 2, only difference is option 1 gets a release.

Please correct me if I am wrong? Again, option 1 was threatened with an automatic judgment of 162% but why Geldert still needed your consent for judgement? If you didn't sign the settlement and the SIF was obtained by Geldert with false pretenses, how can he enter a judgment?. Option 1 paid the ridiculous sum of money, was gagged, relinquished their timeshare investment and paid 250.00 more to Geldert for collecting the money for Northmont. Yes, option 1 got a release but at what cost though! Thanks to our honest, non-corrupted lawyer!

I have been thinking, say, you continue fighting, the judge hopefully grants a lesser interest and cost or not? we can always plead for clemency, the judge may be more receptive than Northmont and Geldert without a doubt! Now, we get to keep our timeshare investment and timeshare leaseholders rights, correct? If Northmont is transforming the resort, how they will be honoring our rights? Or accommodating the vacation weeks for those of us that remain? Geldert threatened us by saying Northmont will charge us whatever they want? Well, when we appeal, we need to ask that a timeshare association be formed, no matter how many few people remain, to ensure Northmont doesn't charge us at their pleasure, we also need to ask the judge how Northmont will continue with our timeshare rights if they are planning to have condos and a hotel like accommodations? Wouldn't Northmont still want us out? I am interested in your comments. Anyone?

My comments would be:
1. Both Option 1&2 have been threatened with the 162%.
2. The ONLY reasons I paid was that my number was less than I actually paid originally for the place. I am tired of fighting a battle with a lawyer that is accused of everything under the sun except sexual harassment... but who knows about that.
3. I feel the pain of the people who are in the tens of thousands... and we aren't done fighting... even with the BS gag order. All that means is they have to come after us if they have reason.
4. I looked at the staying in part, hoping to do so, forming an association and changing it from the inside. I was told by NM, that being a client (present or former) of MG they would NOT accept the payment of the 2017 invoice and I had to deal through MG or the courts... so it is not likely they will let you stay.
5. We need to get organized as a group, have a bit of a Board to keep things on track... hire a lawyer that likes Class Actions (I know of one that is on the fence interested), and go for the gold. To piece meal and each fight an individual battle is too time consuming and has got us no where to this point....
6. And it is important for our cause that people keep contacting the BC Law Assn and register their concerns. It may be a way to have MG pony up to the bar to pay for some of this and adds additional fuel to a Class Action, that we were poorly (understatement) represented.

 

[Plus454]

Given the date I see there must be a bunch of people who haven't paid the settlement and are still looking for options to turn this around. We as a group need a lawyer that can take us all on as clients and fix what happened here, or we need someone of authority to recognize this is wrong. I have put the word out to a few. We need a safe way of finding out who this group consists of in order to band together.
I haven't read every page on here but I'm looking for where someone says "I'LL BE DRAGGED OFF MY PROPERTY IN HANDCUFFS BEFORE I GIVE ONE RED CENT TO THESE CROOKS"

 

[Frau Blucher]

Michael Geldert

 

[tssuck]

Given the date I see there must be a bunch of people who haven't paid the settlement and are still looking for options to turn this around. We as a group need a lawyer that can take us all on as clients and fix what happened here, or we need someone of authority to recognize this is wrong. I have put the word out to a few. We need a safe way of finding out who this group consists of in order to band together.
I haven't read every page on here but I'm looking for where someone says "I'LL BE DRAGGED OFF MY PROPERTY IN HANDCUFFS BEFORE I GIVE ONE RED CENT TO THESE CROOKS"

We were classified as Option 1 but because only 1 person that was listed as "leasee" signed the Option 1 paper, we do not believe that the option 1 classification is valid. Right now we consider ourselves an Option 2 and have not, and will not pay a "RED CENT" to either MG nor NM. The appeal has not been settled and Judge Young has not brought down her ruling on interest as yet. We are very much interested in any Class Action lawsuit. They will have to spend the money to come after me. After all is said and done, there is NO way I want to be part of this organization. The timeshare program under these people is a sham and we will never enter into another situation of timeshare again. We will be spreading the word about timeshares and what can/has happened.

 

[Petus@18]

 

[dotbuhler]

Given the date I see there must be a bunch of people who haven't paid the settlement and are still looking for options to turn this around. We as a group need a lawyer that can take us all on as clients and fix what happened here, or we need someone of authority to recognize this is wrong. I have put the word out to a few. We need a safe way of finding out who this group consists of in order to band together.
I haven't read every page on here but I'm looking for where someone says "I'LL BE DRAGGED OFF MY PROPERTY IN HANDCUFFS BEFORE I GIVE ONE RED CENT TO THESE CROOKS"

As someone who has been on here since way back, I can say that that has been my stance since these crooks first started their extortion bids. To date, outside of Jim Belfry sucking me in to hire Michael Geldert who I fired on Dec.29, 2017, I have not and will not pay Kirk Wankel one red cent. So I have very little faith in lawyers. This is a CIVIL Court matter, not a criminal matter thus far. Civil Court was designed to actually promote not having to use lawyers, and you can expect to be treated fairly and respectfully when you self-represent. There are too many various contracts entered into for one lawyer to represent us all adequately, imho. However, a CLASS ACTION SUIT is something that will work for all of us. (Just my 2 red cents worth.)

 

[Petus@18]

 

[mudslide]

I am new to this forum and was a part of the MG lawsuit, we have been out of country since October and will not be returning till September, can we have someone else represent us at the appeal process in alberta, just got our statements on Feb 12th as we do not have very good access to internet, telling us that we have to pay by the 15th of Feb. Did'nt happen, not even sure how we could get the money if we wanted to.
Would be interested in anything we could do to for class action, appeals, writing letters, could someone give us links etc to start these actions, maybe file to fair trading act for service alberta, etc. We definitely have to fight in numbers and quickly.

 

[Spark1]

The reason I mentioned forming a timeshare association, if we were to pay and continue in the bloody resort, is because that could be part of our appeal. How Northmont will deal with us? We know Northmont has other plans and we are not part of them. To those who signed the settlement and paid large sums of money, the only thing you got was 'a release'. Don't take me wrong, many wanted out of this 'f' scam and freeing yourselves from Northmont it was worth it!

We know the whole agreement was one sided and by signing you relinquished your only asset, the timeshare agreement, why? Northmont needs/has to get rid of all of us first to continue with their plans. Our timeshare agreements is our best weapon right now.

Also, Justice Young did not place a court order on anyone to pay. Really all she did was tell Wankel and Geldert they had to get together and negotiate a fair interest rate. That part of her decision tells me she did not think 26.82% was fair. As for her statement that they could charge whatever they wanted, Wankel arrived at 162%, Geldert successfully "negotiated" it down to 120%. So the question remains, why is the AB decision, or lack of a decision, being applied to everyone? The answer is that Wankel is allowed to, no one (the courts), requires him to do different. By having accepted the settlement, it will be harder to convince the courts the settlement was signed under duress. If Northmont chooses to pursue its claims against the rest of us instead of negotiating with us, because of our timeshare agreement, let them be. I really think we may have 'a good hand' but lets not stop doing what we have been doing. Continue pressing the Law Society and yes, the justice minister. Don't forget to file your own dispute notice if you are in AB and attending the appeal, even if you don't have a lawyer willing to help, you can represent yourself. I bet you will do much better than Geldert did!

PS If we pay Northmont's claim and were not part of the settlement, Northmont has no choice but let us stay, don't they? Unless the buy back our agreement? Don't you think?

Remember in order for us to have a Lease Contract we all had to pay X. Amount of Dollars and if those Dollars went down the tube to Colin Knight 25% and the Crooked Trustee’s triplets 75% we do not have a contract. If all that money is now in their Off shore bank accounts we should be suing them. This is why they come up with this 40 Million. These crooks bankrupted with 40 million in their jeans. The court system treats us worth than bank robbers. They are thieves they wanted every one to pay the cancellation when Justice Loo made her decision and could care less about a resort. This timeshare is worthless just like Northwynd and they will be dealt with. White Collar Crime is here because of our useless governments and that will have to change. That will be the first item on my list when I talk to Jason Kenney when we meet in May. We have two corrupt Provinces in the west now because of these crooks from Calgary.

 

[Petus@18]

Hello, I deleted some of my recent comments as I realized that I am being followed by a weirdo. Besides, whatever I say now it means nothing, as almost everyone following this thread have already settled their claims and are done with all of this. If we connected before in a private conversation and want to touch base with me, please do so. We can exchange ideas, plans going forward without letting our 'groupies' know what is going on! God help us all

 

[LilMaggie]

Hello, I deleted some of my recent comments as I realized that I am being followed by a weirdo. Besides, whatever I say now it means nothing, as almost everyone following this thread have already settled their claims and are done with all of this. If we connected before in a private conversation and want to touch base with me, please do so. We can exchange ideas, plans going forward without letting our 'groupies' know what is going on! God help us all

Thanks for letting us know what's going on. I was concerned! We'll talk soon

 

[dotbuhler]

Hello, I deleted some of my recent comments as I realized that I am being followed by a weirdo. Besides, whatever I say now it means nothing, as almost everyone following this thread have already settled their claims and are done with all of this. If we connected before in a private conversation and want to touch base with me, please do so. We can exchange ideas, plans going forward without letting our 'groupies' know what is going on! God help us all

Anyone else being followed by "Lamplit"? He has 4 of us so far. The moderator called him out already because "LAMPLIT" had alleged that we were involved in "hate speech". BEWARE!!

 

[truthr]

In case everyone is not aware of the appeal status, below is a copy from the Court of Queen's bench. I'm also including the letter indicating the date the appeal will be heard. I'm not on Facebook, but if anyone wants to share this there that would be great. Thanks.

All Option 2 or Option 2 by default that are still receiving "updates" from Geldert.
If you haven't already done so, check out the attachments on the most recent update and then check out the ones provided by Can't_Give_Up supplied here on February 9th (post #4213).
Notice any difference? Because there are differences.
Also read the letter from Vincent Tong very, very carefully and if it makes you wonder - you are not alone. Did he supply Geldert with something that Geldert failed to share with us?

Now why would Geldert continue to provide us with outdated, incomplete court documents?? And not supply us with ALL the documents we require to move forward?
Does he not have enough work to do processing all those "Settlement Agreements" and money?
Does his office really need to continue to play "cat and mouse", "hide and seek" with back and forth emails with "former" clients requesting what they are entitled to immediately not when he decides to release them?
Does he not know that not only has there been numerous complaints filed with the BC Law Society but there is an investigation?

One would think that a lawyer who wants to continue to practice law would be on his best behaviour in assisting and protecting ALL his clients (current and former).
One would think

Has anyone seen any minutes from the "Settlement Agreement" meeting - were there any taken by a neutral court reporter or other type of person to ensure accountability and transparency about how that all went down?
Who knows how many really accepted the "Settlement Agreement"? Is there a list? Who has that list?
I know we, the Option 2, clients weren't provided with it, just some mention of how many accepted.
I, for one, question that number and for that matter any numbers we have been provided with in the past.

Inquiring minds want to know.

 

[marcthe12]

It would be better to email each other from now on

 

[aden2]

I am new to this forum and was a part of the MG lawsuit, we have been out of country since October and will not be returning till September, can we have someone else represent us at the appeal process in alberta, just got our statements on Feb 12th as we do not have very good access to internet, telling us that we have to pay by the 15th of Feb. Did'nt happen, not even sure how we could get the money if we wanted to.
Would be interested in anything we could do to for class action, appeals, writing letters, could someone give us links etc to start these actions, maybe file to fair trading act for service alberta, etc. We definitely have to fight in numbers and quickly.

FAIR TRADING ACT
Cancelling agreement 7(1) A consumer may cancel at no cost or penalty to the consumer a consumer transaction, whether written or oral, that was entered into by the consumer and a supplier who engaged in an unfair practice regarding the consumer transaction, whether the unfair practice occurred before, during or after the time when the consumer transaction was entered into, and in addition the consumer is entitled to any remedy that is available at law, including damages. (2) Where a supplier has been found to have engaged in an unfair practice, any consumer who entered into a consumer transaction that was subject to the unfair practice with the supplier who engaged in the unfair practice may cancel the consumer transaction at no cost or penalty to the consumer.
RSA 2000 Section