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

[Frau Blucher]

He's counting his millions.

After yesterday’s court session, he might be watching some of his millions disappearing ...

 

[MarcieL]

I hope you are correct .

 

[dotbuhler]

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

So this was sent out February 1, over a month ago, and this is the first time it shows up? Or did anyone else see this before it was posted today?

 

[MarcieL]

What the hell option 1 people pay thousands to be released, so he doesn't require anymore $$, others are just being terminated!

 

[GypsyOne]

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

Has anyone asked for a legal opinion as to why Northmont is doing this, what is the legal basis, or has their own opinion as to why they are doing this; and what are the implications for past and present settlements. It seems very arbitrary and very heavy handed, but I'm certain they have their reasons and are doing it after legal consultation. Can't help but wonder if they are backing themselves into a corner which will cost them dearly.

 

[Frau Blucher]

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

Does this appear legit or could it be one of Northmont’s tricks? It appears to be a form letter without names or signatures.

If it is legit, could this be a way for Northmont to get lessees to pay their overdue RPF and maintenance fees at the 27% interest? Pay now and get out of jail for free, sort of thing

 

[Petus@18]

If they are terminating our leases using the termination clause in our agreements, then they should have done it in 2013, don't you think?
'If a default in any payment required to be paid according to this Lease has not been remedied within 90 days from the date of such default, and the Lessee has been given a minimum of one written notice ot such default. the Lessor may terminate this Lease upon written notice to the Lessee. and from the date of such notice all of the Lessee's rights to the Vacation Property pursuant to the provisions of this Lease shall be terminated'

They cannot use our agreement's termination clause at their convenience, or worst, use their own without notice or explanation. Either they apply the clause as written in the leases or don't. They may want to sell the property and for that reason, they needed all of us to setttle and relinquish our timeshares. No one has received a written notice and the fact that your termination is already one month old, makes you wonder if they felt the appeal on March 8th was going to be dismissed and they jumped the gun too soon by sending these letters. We haven't received anything but if the termination is effective in February why are we obligated to pay maintenance fees for this year? Are they nuts! Definitely a time to research why are they doing this now?, I don't think this is legal, let's bring it up on May 10th. We already filed our affidavit and will file a supplemental one if we receive such a termination letter.

Filing an Affidavit for the appeal is free of charge. Something to consider for those who settled and paid already. You may want to check with a lawyer or not to see if the settlement agreement is invalid since it was signed by force, false pretenses, with malice, possible collusion between Northmont and Geldert, threats, etc. We all have evidence in writing to prove all of this (ie e-mails from Geldert) these e-mails must be attached to your Affidavit if filing one. This document should be filed sooner than later, at the Court of Queen's Bench. You should ask the judge that your name don't be removed from the appeal as you wish to continue with the appeal, the basis of your Affidavit is to present the settlement agreement as new evidence of corruption from the part of Northmont with the assistance of our former 'lawyer'. My thoughts only, you should take the opportunity of the extension granted. It wouldn't hurt trying if you are prepared to continue fighting and (Edit: share the legal costs with the rest of us). This action has been very disturbing and has been handled it in the worst manner. Requesting the judge to nullify the settlement and the refund of your money, if granted, this will be setting a legal precedent when deciding subsequent cases with similar issues or facts. This will stop other scammers like Northmont trying to commit fraud and getting away with it.
Thinking out loud.

 

[CleoB]

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

I don't think it means anything as it isn't signed, plus on what grounds can they terminate timeshare leasees? They have to have a reason.

 

[Ultimate_Betrayal]

So has Michael Geldert provided anyone with Judge Young's current Supplemental Decision related to the Alberta trials costs and interest?
(Specifically the people who fired or were fired by Michael that now have to represent themselves as it's most important for them i.e. Option 2)

Probably not as most of us didn't even know this meeting had occurred right around the time he was throwing us all into the SIF shackles - well guess we were all misdirected again as its already a done deal. You might get it in your Micheal Geldert divorce package or if you pay for it probably sometime after it would be helpful for you to prepare or know what the court says you need to pay.

This Decision was just filed February 28th related to the James and Diane Reid action after our defense team and Northmont presented their argument Nov 16th to Judge Young - pretty interesting that Geldert never mentioned this or even provided any documentation related to it like the "Simovonian Affidavit" which is important to anyone who still has to pay as it tells what the individuals principal amount is for each of us.

Just a quick synopses of the Judge Young Supplemental decision:

• interest was determined (very beneficial to people who purchased prior to 2004 only because Judge Young protected them with the Interest Act - good thing she did as Strathcona Law Groups Barry King didn't think it was important and felt 25% was okay during the trial)
• costs - Judge Young granted a penalty for enhanced costs because our lawyers like to abuse the system
• Expired Claims - Geldert was too lazy to prepare a list of these in the written submissions so blew an opportunity to save a few of us thousands of dollars and again painted everyone with the same brush

If you want a copy I would suggest asking Michael Geldert for it:
michael@geldertlaw.com
patricia@geldertlaw.com
sunchaser@geldertlaw.com
intrawest@geldertlaw.com

I had a couple of people who are trying to get this document related to Judge Young's Supplemental Decision but have been unsuccessfully so far and given it now has a lot more bearing after the court counsel spanking the other day thought it a good idea to post it so people get it sooner rather than later.

We all have new hope and need to get ready for the next court date scheduled for May 10th so the more stuff we can share to be prepared the better!!!

 

[dotbuhler]

I had a couple of people who are trying to get this document related to Judge Young's Supplemental Decision but have been unsuccessfully so far and given it now has a lot more bearing after the court counsel spanking the other day thought it a good idea to post it so people get it sooner rather than later.

We all have new hope and need to get ready for the next court date scheduled for May 10th so the more stuff we can share to be prepared the better!!!

THANK YOU! We NEED to share anything and everything that pertains to our case. Secrecy has been our worst enemy thus far. Keeping us isolated from each other is the old "Divide and Conquer" strategy that wins wars for the other side. Only by openly sharing any ideas and knowledge can we set a fire to these crooks' asses! So, once again, I am asking you to go to thepetitionsite.com, search under Dorothy Zazelenchuk, bring up the petition "Demand the RCMP and the Canadian Government fully investigate the Activities of the timeshare located in Fairmont, B.C., (formerly Fairmont Resort Properties, now known as Northmont) that threatens the financial and mental wellbeing of so many." We have 367 signers to date. Have you told your story?
Signed under duress and accepted the "settlement", worried about a "gag order? Use a pen name, have a friend or a relative sign on your behalf, then use the Comments to tell your story. This will be given to Justice J.J. Gill to peruse come May 10th. An affidavit in my name that tells our story, ........ #4707, Petus@18, that is "BANG ON"!

 

[loulubell]

So this was sent out February 1, over a month ago, and this is the first time it shows up? Or did anyone else see this before it was posted today?

I JUST RECIEVED THIS UPON WAKING UP THIS MORNING.

 

[dotbuhler]

If they are terminating our leases using the termination clause in our agreements, then they should have done it in 2013, don't you think?
'If a default in any payment required to be paid according to this Lease has not been remedied within 90 days from the date of such default, and the Lessee has been given a minimum of one written notice ot such default. the Lessor may terminate this Lease upon written notice to the Lessee. and from the date of such notice all of the Lessee's rights to the Vacation Property pursuant to the provisions of this Lease shall be terminated'

They cannot use our agreement's termination clause at their convenience, or worst, use their own without notice or explanation. Either they apply the clause as written in the leases or don't. They may want to sell the property and for that reason, they needed all of us to setttle and relinquish our timeshares. No one has received a written notice and the fact that your termination is already one month old, makes you wonder if they felt the appeal on March 8th was going to be dismissed and they jumped the gun too soon by sending these letters. We haven't received anything but if the termination is effective in February why are we obligated to pay maintenance fees for this year? Are they nuts! Definitely a time to research why are they doing this now?, I don't think this is legal, let's bring it up on May 10th. We already filed our affidavit and will file a supplemental one if we receive such a termination letter.

Filing an Affidavit for the appeal is free of charge. Something to consider for those who settled and paid already. You may want to check with a lawyer or not to see if the settlement agreement is invalid since it was signed by force, false pretenses, with malice, possible collusion between Northmont and Geldert, threats, etc. We all have evidence in writing to prove all of this (ie e-mails from Geldert) these e-mails must be attached to your Affidavit if filing one. This document should be filed sooner than later, at the Court of Queen's Bench. You should ask the judge that your name don't be removed from the appeal as you wish to continue with the appeal, the basis of your Affidavit is to present the settlement agreement as new evidence of corruption from the part of Northmont with the assistance of our former 'lawyer'. My thoughts only, you should take the opportunity of the extension granted. It wouldn't hurt trying if you are prepared to continue fighting and can afford to pay more legal fees like the rest of us. This action has been very disturbing and has been handled it in the worst manner. Requesting the judge to nullify the settlement and the refund of your money, if granted, this will be setting a legal precedent when deciding subsequent cases with similar issues or facts. This will stop other scammers like Northmont trying to commit fraud and getting away with it.
Thinking out loud.

And remember that self-litigation is a possibility if you can not afford or are unable to find a lawyer to represent you. There are resources available for you at the Law Courts Building in Edmonton, PLUS if you fall within the financial guideline LEGAL AID! There are numerous avenues available to each and every one of us, regardless of our situation. Don't lose the fight in your own mind before you have even entered the courtroom. Remember the child's storybook, The Little Engine That Could? Psychologically telling yourself" I CAN do this" is your first step. We've been through hell. Many of us are older folk, thought we were on 'easy street' with retirement and all...just sit back and smell the roses, pay the bills, play with the grandkids... Well we can, let's just put these conmen and crooks in their place for once and for all. So we can get back to enjoying our lives again. And for you younger folks, let's do this so you know, for once and for all, these creeps aren't going to slime out from under some rock to make your lives a living hell ever again!

 

[MarcieL]

I JUST RECIEVED THIS UPON WAKING UP THIS MORNING.

Who did you receive this from NM or their lawyers?

 

[MarcieL]

Many are reporting this morning they have received their Option1 releases electronically, too date I have not.

 

[MarcieL]

Anyone option 1 clients receive your Release electronically?

 

[Floyd55]

Many are reporting this morning they have received their Option1 releases electronically, too date I have not.

I received my electronic confirmation of release from my "VIA" this morning. It came on official letterhead from Norton Fulbright, KW's lawyer. It also stated that a signed paper copy would be coming in the mail.

 

[Petus@18]

Interesting! Geldert is sending the releases 2 months ahead of time? I wonder if Wankel is pressing him to do this so you can't dispute the settlement?

Edit: So Virtue is the one sending them? He must have realized that the comments that were made this week regarding the settlement would really hurt Northmont with the appeal. Very clever.

 

[tssuck]

Interesting! Geldert is sending the releases 2 months ahead of time? I wonder if Wankel is pressing him to do this so you can't dispute the settlement?

Edit: So Virtue is the one sending them? He must have realized that the comments that were made this week regarding the settlement would really hurt Northmont with the appeal. Very clever.

Are the people who are getting the termination letter part of the UNPAID 76?

 

[dotbuhler]

Interesting! Geldert is sending the releases 2 months ahead of time? I wonder if Wankel is pressing him to do this so you can't dispute the settlement?

Edit: So Virtue is the one sending them? He must have realized that the comments that were made this week regarding the settlement would really hurt Northmont with the appeal. Very clever.[/QUOTE
Do not underestimate the opposition, we've got them scrambling, obviously. And since they are under fire and desperate I think we are going to see a ton of hinky stuff coming down the pike. Let's agree to post immediately whatever they do, a "heads up" to everyone.
They were banking on us not being informed, well the tide has turned. SOLIDARITY! We are in this together!

 

[dotbuhler]

Are the people who are getting the termination letter part of the UNPAID 76?

They don't have my updated email if it is NM and Wankel or Geldert, so I can not speak to that. They only have my snail mail address. And again, I have not paid nor will I ever!

 

[dotbuhler]

Are the people who are getting the termination letter part of the UNPAID

This would be important to know. It sheds great light on their "strategy" if it is.

 

[LilMaggie]

Anyone option 1 clients receive your Release electronically?

Nope. Still waiting.

 

[waikikibound]

Interesting! Geldert is sending the releases 2 months ahead of time? I wonder if Wankel is pressing him to do this so you can't dispute the settlement?

Edit: So Virtue is the one sending them? He must have realized that the comments that were made this week regarding the settlement would really hurt Northmont with the appeal. Very clever.

On Thursday Virtue spoke to releasing all those who have already settled to Justice Gill at least twice from what I recall. I’m pretty certain that since Justice Gill didn’t feel the need to act on that immediately, these “termination letters” were produced earlier than expected...in the hopes to prevent more appeals. This is just my speculation but I can bet that it’s pretty close to the truth

 

[waikikibound]

Are the people who are getting the termination letter part of the UNPAID 76?

I’m guessing those only receiving these termination letters have already settled. I am part of the UNPAID 76 group and have NOT received anything.

 

[Frau Blucher]

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

This has to covered by the FTA. Wankel can’t have his cake and eat it to; he can’t tell one group to pay to go and tell another group they’re free to go. The only thing consistent in both cases is that the lessees don’t get compensated for their equity.
The NAFR saga continues ...