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

[Petus@18]

Just to show you that not even Wankel believes in Geldert's legal abilities if he is asking Virtue to send the releases instead!

Would Geldert be getting his pink slip?

 

[F. Hugh Wankel]

We received ours as well -

UPDATE | Settlement Agreement / Termination of Vacation Interval Agreement

In accordance with the Settlement Agreement, we transmitted your signed Release Agreement and individual settlement amount to Northmont and have received and confirmed the executed Release Agreement by Northmont. Please see the attached letter confirming your account has been terminated as of March 1, 2018.

We will be email your individual executed Release Agreement to you early next week.

If anyone is suing Geldert, please let us know. We paid, but did so under duress. Wankel and Geldert may you rot in hell. To everyone else enduring this mess, good luck.

 

[Notwhatweweresold]

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.

And one would expect at least a reason from Northmont for terminating a VIA. Truth's letter of termination from Northmont gives no explanation. Can a lessor arbitrarily end a contract without advance notice and without a written reason?
As for the date on Truth's termination letter of February 1, 2018, my guess is that it was just added this week following the hearing in Edmonton on Thursday. Also, it seems not everyone who opted out of the MG settlement agreement may have received a Feb. 1st termination letter from Northmont. I wonder if those non-Option 1 lease holders who receive a termination letter from Northmont have their VIA registered against a unit in a Hillside building? You know, those buildings the owner is working hard to consolidate and realign under his control outside of the timeshare end of the resort.
Apparently, those in the Option 1 Settlement Group received via email today from MG a letter from Northmont's lawyer Jud Virtue providing notice of termination of their VIA(s) effective March 1, 2018.
Curiouser and curiouser...

 

[LilMaggie]

Today I found information I didn't realize i had.
Turns out we all have each others names already.
Burred in a barrage of attachments in the Aug 18/2016 update are 2 lists of names, Court application Cranbrook (all the BC defendants 475) and court application Edmonton ( all the Alberta defendants 753). Adds up to 1228 defendants.
And surprise surprise on the list is a friend of mine who builds websites. He said its possible to build a site that people could access only with permission of an administrator. If your name's not on one of those lists you wouldn't get in.
Please give me some feedback on if you think this could be a tool.

Still think this is an awesome plan!

 

[Still_Hope]

New to this forum, but have been following it for awhile. We chose option 2, so are part of the group of 76. As indicated above by some, I suspect that Northmont needs to obtain ownership of sufficient leases in order to sell off the Hillside units. That's probably why they are now choosing to initiate the cancellation of the option 2 leases rather than wait for the appeal process (which is not looking as good for them now).

 

[aden2]

CONCERNS FOR OPTION TWO PEOPLE AND FUTURE CONCERNS:

1. The $1162.50 amount assessed each of the 740 people = $860,250.
None of the names were mention in the hearing!

2.Payments requested from Northmont is not a final payment! It is not over
There is no clause in our contract that requires a pay out payment of any amount, now demanding 162%.

3. Why is 100% charge for maintenance each year when the resort has not been used.

4.The resort has been downsized.

5. The contracts have been changed when Fairmont became bankrupt and finally insolvent i.e. contract broken, contract changed with new company.
Each contract should have been consulted to see if they want to stay and continue.

6. Thousands of dollars have been paid to lease a villa for minimum of one week per year, what happens to all this money that has been paid for a 40 year lease, but NM is demanding thousand of dollars to cancel a lease.

7. Contracts have a 90 day default clause where the lease is turned back to lesser, and compensation work out for the number of unused years left.

8. Northmont is applying a 26.82% for over due accounts, but is ignoring other parts of the contract. In todays world the interest rate is adjusted to the present market i.e. 5%.

9. Never before in all the years of operation has a high interest rate been applied and interrupted to be used against persons wanting to cancel their contracts, why now.

10. Over the years 41.5 million from bonds issued, 12 million from Rafter Six, 10 milliom from from legacy, 40 million buy outs/cancellations. What is happening with all this money?

11. The Plantiff (Sauvgeau) was continually interrupting the Defence (King).

 

[MarcieL]

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.

So every one is different I got what you did but did not verify a paper copy in the mail. Others in the Facebook group received a letter from M.G. as well I did not. So unprofessional right to the end.

 

[MarcieL]

Here is what I need to know can those of us that have settled appeal? If so by when and how do I find out? Our contract was 1994 thus 5% interest is applicable, 60% of the invoice was interest.

 

[aden2]

Here is what I need to know can those of us that have settled appeal? If so by when and how do I find out? Our contract was 1994 thus 5% interest is applicable, 60% of the invoice was interest.

Justice Gill had no objection of anyone that was not satisfied for whatever reason should have the right to appeal.

 

[MarcieL]

Just to show you that not even Wankel believes in Geldert's legal abilities if he is asking Virtue to send the releases instead!

Would Geldert be getting his pink slip?

Many people received a letter from MG with Virtue 's as an attachment . I did not I just received Virtues as well as the list of Option 1 clients that succumbed to the extortion.

 

[appealerforsure]

MG and company know their backs are against the wall now as an email was received at 1:29am last night indicating that KWt has released me and the paperwork to follow next week. These white collar criminals are fast tracking this now to prevent appeals but I am going to appeal FOR SURE and get my money back.I am going to seek council this week and get a decent lawyer to represent a group that will look at the best way to appeal or sue as a group to deal with this

We received ours as well -

UPDATE | Settlement Agreement / Termination of Vacation Interval Agreement

In accordance with the Settlement Agreement, we transmitted your signed Release Agreement and individual settlement amount to Northmont and have received and confirmed the executed Release Agreement by Northmont. Please see the attached letter confirming your account has been terminated as of March 1, 2018.

We will be email your individual executed Release Agreement to you early next week.

If anyone is suing Geldert, please let us know. We paid, but did so under duress. Wankel and Geldert may you rot in hell. To everyone else enduring this mess, good luck.

 

[MarcieL]

I sure hope that you are right that option 1 people are allowed to be included in this appeal! We were coerced into paying by MG's scare tactics and threats along with the ridiculous timeline that he agreed to. It was not a fair settlement and if there is a way to fight it we are on board. I would only hope that whatever legal team is agreed to this time is willing to work on the principle that they recieve payment as a percentage of what funds they are able to reclaim for option 1 people and what they are able to save others from their original bill from Northmont. I can't afford to put more money into this effort right now.

Floyd how about the condition in our fabulous S.A. that stated we could not sue NM for any reason.????

 

[MarcieL]

Would the judge's ruling over ride this anyone know?

 

[MarcieL]

MG and company know their backs are against the wall now as an email was received at 1:29am last night indicating that KWt has released me and the paperwork to follow next week. These white collar criminals are fast tracking this now to prevent appeals but I am going to appeal FOR SURE and get my money back.I am going to seek council this week and get a decent lawyer to represent a group that will look at the best way to appeal or sue as a group to deal with this

This is the letter I did not get.

 

[appealerforsure]

How can Northmont release owners that didn't pay the settlement fees? This stinks to high heaven, and I am pissed about it and hope all others that paid the settlement under duress and intimidation are going to follow up with an appeal. Now that they have lost their way in court it is obvious that they are scrambling to complete the paperwork but this IS FAR FROM OVER MG AND WK as I know you are watching these posts everyday like myself . Im going to make your lives as stressful as possible like you have done to me for the last several years! if the appeal doesn't work I have plenty of ammo for suing you MG for neglect and improper guidance as you have demonstrated over the years,also thanks for all of your emails MG they have provided me with all I need to take you on, unanswered questions or vague answers, settling an outrageous settlement without our true consent and sinking our ship are just the start to my appeal.Beware your world is closing in on you MG and NW.

 

[LilMaggie]

Many people received a letter from MG with Virtue 's as an attachment . I did not I just received Virtues as well as the list of Option 1 clients that succumbed to the extortion.

I couldn't find mine initially because it came in my junk email box...how appropriate!
Like a thief in the night, the email from MG came in a 0240h this AM.
My letter from MG stated that the individual release agreement will be emailed later...
"We will be email your individual executed Release Agreement to you early next week." Grammar much?

 

[Floyd55]

Nope. Still waiting.

Yes, I received my notification of release this morning electronically with the promise that a hard copy with be coming in the mail.

 

[Tanny13]

For those in Option 2, if you receive a letter of termination, then the clause in your contract with the buyback option kicks in and Northmont will owe you money to take back the unit. I would like to receive that letter because that is a whole new fight.

 

[Floyd55]

Here is what I need to know can those of us that have settled appeal? If so by when and how do I find out? Our contract was 1994 thus 5% interest is applicable, 60% of the invoice was interest.

We bought in 1994 as well, and would love to find a way to appeal if possible and reverse at least some of these exit fees that were extorted from us!

 

[Petus@18]

The same way we wrote letters to Judge Young, all of us should file Affidavits letting the new Judge know how this case has wrongly been dealt with by our former lawyer, including the possible collusion between Northmont and Geldert and how everyone was coerced to sign the settlement. Let's don't forget the new evidence 'the termination letter', we should all be able to continue with the appeal and finally get justice. Would this work? Hopefully. Would the judge read the filed affidavits? Definitely as they will be part of the appeal. Would we have to pay more legal fees? Unfortunately yes, but we can share the expenses as soon as we know if we can all unite again. Is this a done deal? No. Is it worth it? I think so, but each of us need to make that decision.

 

[CleoB]

How can Northmont release owners that didn't pay the settlement fees? This stinks to high heaven, and I am pissed about it and hope all others that paid the settlement under duress and intimidation are going to follow up with an appeal. Now that they have lost their way in court it is obvious that they are scrambling to complete the paperwork but this IS FAR FROM OVER MG AND WK as I know you are watching these posts everyday like myself . Im going to make your lives as stressful as possible like you have done to me for the last several years! if the appeal doesn't work I have plenty of ammo for suing you MG for neglect and improper guidance as you have demonstrated over the years,also thanks for all of your emails MG they have provided me with all I need to take you on, unanswered questions or vague answers, settling an outrageous settlement without our true consent and sinking our ship are just the start to my appeal.Beware your world is closing in on you MG and NW.

Why do you assume that Northmount has released people that didn't pay the settlement fee?

 

[MarcieL]

Justice Gill had no objection of anyone that was not satisfied for whatever reason should have the right to appeal.

Our fantastic settlement agreement stated we could not sue NM for any reason. I wonder if the judge can over rule that?

 

[Frau Blucher]

Our fantastic settlement agreement stated we could not sue NM for any reason. I wonder if the judge can over rule that?

The settlement was illegally obtained as far as I’m concerned. I would file an appeal just to be on the safe side.

 

[Saving Grace]

We did a search at the Civil Court after the Mar 8 hearing and found that NM had filed a Claim against us in 2014. They duplicated the Claims and doubled up the remedy sought, they also submitted false statement to the Court claiming we had entered into several of the Agreements but in fact we only had the Vacation Villas Agreement signed in 1994. We are filing our dispute note on Monday based on 1) Fundamental Breach of Contract by unilaterally changing the Agreement, 2) Oppressive, Excessively One-sided Condition & 3)Undue Pressure/Influence....in our notes, we wrote "The settlement deadline of Feb 15 had jumped ahead of the judge's decision on interest rate of Feb 28 and had successfully collected settlements with 26.82% interest across the broad from 90% of the "Test Case" Lessees in Alberta. Isn't it logical to conclude that such a move was with malicious intent to induce undue pressure/influence??"

 

[Floyd55]

We did a search at the Civil Court after the Mar 8 hearing and found that NM had filed a Claim against us in 2014. They duplicated the Claims and doubled up the remedy sought, they also submitted false statement to the Court claiming we had entered into several of the Agreements but in fact we only had the Vacation Villas Agreement signed in 1994. We are filing our dispute note on Monday based on 1) Fundamental Breach of Contract by unilaterally changing the Agreement, 2) Oppressive, Excessively One-sided Condition & 3)Undue Pressure/Influence....in our notes, we wrote "The settlement deadline of Feb 15 had jumped ahead of the judge's decision on interest rate of Feb 28 and had successfully collected settlements with 26.82% interest across the broad from 90% of the "Test Case" Lessees in Alberta. Isn't it logical to conclude that such a move was with malicious intent to induce undue pressure/influence??"

I want to be on your team! Sign me up!