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

dotbuhler

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Interestingly, the Appeal launched by NM/Wankel may be a delaying tactic on their part. As long as this matter is tied up in Civil litigation, the RCMP are essentially hogtied as to laying criminal fraud charges on a "matter that is before the Courts". There is a statute for limitations that applies here and the more protracted and drawn out this becomes, the better for the REAL crooks involved. JMHO.
 

CleoB

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No, you are appealing under different grounds because they want the interest rates increased, and you don't. Plus you are appealing the Decision based on an error in facts on the Judge's part.
Would you please send me a private message on the "error in facts" on the judge's part?
 

Spark1

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It would be great to have a affidavit signed and presented to Justice Gill regarding this FRAUD for May 10th,2018.
Aden did you buy into the Legacy for Life? IF you did,did you know who you bought this from Northwynd at the time or did you think you bought this from Fairmont Resort Properties LD? This lady that i was trying to help said she bought in the spring of 2010 and could not tell me who she bought from? She found some information and said she did buy from Northwynd. She said she never received any documents from Northwynd including contract etc and she contacted them several times and never received them. Fairmont Resort Properties should of sent out a Notice to all of us Time Owners according to our Vacation Villa Lease called Item #37 NOTICES: This does not mean email. How would we know they went bankrupt?
 

dotbuhler

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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.
And for those of us sued in the B.C. Courts, the Judgments only are for alleged monies owed to NM at the start of the JEKE Action, or "test case". It does not include anything except proposed interest on that and costs assigned by the Court. Therefore, Wankel would have to start a new action in the B.C. Courts to get all those maintenance fees they wanted for 2014 on, plus their crazy interest.
 

dotbuhler

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Geldert UPDATE | April 1, 2016

"Let me be clear – Mr. Wankel asked me in Calgary to “join the team” as Northmont would be prepared to steer owners and lessees who are desperate to get out of this Resort to my office. I said NO."
Let's think about this...was there some reason that NM/Wankel thought he was a sellout? Were they right?! I know what my gut is telling me.
 

aden2

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Action No: 0901-04199 court of Queens Bench of Alberta Judicial District of Calgary in the matter of companies Creditors arrangement Act, in the matter of Fairmont Resort Properties LTD..."Affidavit of Gary L. Bentham (sworn March 30, 2009). Check page 5 #15; page 6 #20; page 8; page 29. This would appear to be reason for the false presentation of sales especially 2009 and 2010.
 
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And for those of us sued in the B.C. Courts, the Judgments only are for alleged monies owed to NM at the start of the JEKE Action, or "test case". It does not include anything except proposed interest on that and costs assigned by the Court. Therefore, Wankel would have to start a new action in the B.C. Courts to get all those maintenance fees they wanted for 2014 on, plus their crazy interest.
Sorry Dot but that is just wrong, misleading information. The judgments are (or will be) based on the statements from Nov of 2017 the same ones that were used by Northmont to determine the settlement amounts for MG. This info was provided by SLG when asked for in a professional courteous manner.
 

aden2

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Aden did you buy into the Legacy for Life? IF you did,did you know who you bought this from Northwynd at the time or did you think you bought this from Fairmont Resort Properties LD? This lady that i was trying to help said she bought in the spring of 2010 and could not tell me who she bought from? She found some information and said she did buy from Northwynd. She said she never received any documents from Northwynd including contract etc and she contacted them several times and never received them. Fairmont Resort Properties should of sent out a Notice to all of us Time Owners according to our Vacation Villa Lease called Item #37 NOTICES: This does not mean email. How would we know they went bankrupt?
Yes I bought into Legacy for Life and it was on Fairmont Stationary! What is #37 Notices?
 

dotbuhler

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Sorry Dot but that is just wrong, misleading information. The judgments are (or will be) based on the statements from Nov of 2017 the same ones that were used by Northmont to determine the settlement amounts for MG. This info was provided by SLG when asked for in a professional courteous manner.
Hmmm, my Judgement in B.C. says otherwise. They are listed on the B.C Judgement Rolls with a $ amount.
 

CleoB

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Are all of you here aware that the Strathcona Law Group has sent out forms for the Alberta non-settling people to see if they want their information shared among the other 76 people? If you are one of them and wish to hookup with the others please get ahold of the SLG.
 
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Hmmm, my Judgement in B.C. says otherwise. They are listed on the B.C Judgement Rolls with a $ amount.

What is the best way to find yourself in the BC judgement roles and find if there was a judgement against you.
 
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Hmmm, my Judgement in B.C. says otherwise. They are listed on the B.C Judgement Rolls with a $ amount.
I am Sorry.My bad. I apologize if I spoke out of turn. Good for you I guess. In our case the amount owing according to Exhibit B and C of the Justice Branch conclusion of Northmont VS Golberg dated Jan 31 2018, was within a few dollars of the settlement figure negotiated by MG over the Christmas holidays. Actual judgment to follow I assume. Where could one peruse the judgment rolls you alluded to.
 

Spark1

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Yes I bought into Legacy for Life and it was on Fairmont Stationary! What is #37 Notices?
Page4 of my Vacation Villa Lease Contract 2001 item #37 Notices: Notices under this Lease shall be deemed to be validly given when deposited postage prepaid in a postal box in Canada and addressed to the Lessee at the address set forth in the register maintained by the Trustee as contemplated by paragraph 18 hereof, except during any interruption of postal service when notice shall be givan only when delivered by hand or acknowledged as received by the addressee. This is how we should of been notified that Fairmont Resort Properties LD went Bankrupt. How could Northmont sell Legacy for Life that soon after they took over the resort in 2010 and i bet many time owners did not know Collin Knight went bankrupt. This is why i say the new law Bill 31 unilateral amendments to our contracts is the same as our Contract as well as modifications of our contract. We were never notified according to item37.
 

dotbuhler

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I am Sorry.My bad. I apologize if I spoke out of turn. Good for you I guess. In our case the amount owing according to Exhibit B and C of the Justice Branch conclusion of Northmont VS Golberg dated Jan 31 2018, was within a few dollars of the settlement figure negotiated by MG over the Christmas holidays. Actual judgment to follow I assume. Where could one peruse the judgment rolls you alluded to.
Go to your emails Geldert sent you. You will find one titled Served in the heading. My copy is stamped Nov. 10, 2014 Supreme Court Cranbrook, B.C. Registry, page 3 of 6 will have your personal amount owing, broken down by amount owed to "Villa" and court costs. Also 26.828% interest advisement from My 31, 2013 to the date of the judgement. Or you can go to the B.C. Law Courts for the Judgement Rolls, search under Judgments in the Supreme Court by your last name. Doesn't give the breakdown, though. Their website is a bit of a landmine. Of course, I was a 1993 lessee, so my amount may be vastly different from say, Legacy for Life, or other of the half dozen or more different contracts out there.
 

CleoB

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What is the best way to find yourself in the BC judgement roles and find if there was a judgement against you.
You should be able to contact the local courthouse and see if they have a copy. If not, they should be able to tell you which city it was filed in, the civil claim number and give you a phone number to call. When you call give them the claim number and ask them to fax or mail you a copy.
 

aden2

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Consumer Protection Act:
enhanced fairness between consumers and businesses – new provisions that are now in place include:
  • prohibiting businesses from making unilateral amendments to contracts, unless the consumer is provided advance notice and given the right to cancel the contract
    .
 

Spark1

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You should be able to contact the local courthouse and see if they have a copy. If not, they should be able to tell you which city it was filed in, the civil claim number and give you a phone number to call. When you call give them the claim number and ask them to fax or mail you a copy.
Can you imagine the bill collector charging 108000.00 and all he did is send a registered letter to our mail box. We have not had a email or a phone call nothing and he is charging this amount. He well have to break down all the costs properly and prove to me that he is worthy of these costs. This is fraud,scam,extortion and white collar crime. The court judges should be demanding where they are coming up with what they are charging. I heard they did the same thing when MG collected off of Otion#1 time owners. How are they getting away with this? Time to talk to the anti fraud devision with the RCMP again. Every one stop this from happening.
 

Tanny13

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I have found a lawyer who will represent us in fighting Northmont's appeal of the 5% interest for pre-2004 contracts. Please note that this only applies to:

a) Those who did NOT sign Option 1
b) Your contract is prior to 2004, AND
c) You were sued in Alberta.

Note that if Northmont is successful in this appeal, your amount owing will be significantly higher than if we fight this appeal and win.

Please contact me asap at thebestboy@me.com if you are part of the above group and are interested in joining with the lawyer to defend against Northmont's appeal of Judge Young's decision on interest and costs.
 
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LilMaggie

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I have found a lawyer who will represent us in fighting Northmont's appeal of the 5% interest for pre-2004 contracts. Please note that this only applies to:

a) Those who did NOT sign Option 1 AND
b) Your contract is prior to 2004.

Note that if Northmont is successful in this appeal, your amount owing will be significantly higher than if we fight this appeal and win.

Please contact me asap at thebestboy@me.com if you are part of the above group and are interested in joining with the lawyer to defend against Northmont's appeal of Judge Young's decision on interest and costs.
That's so great Tanny13!
When you guys get all this nonsense resolved, please ask your lawyer if he/she has any compunctions about suing another lawyer for negligence;-)
 

Spark1

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Consumer Protection Act:
enhanced fairness between consumers and businesses – new provisions that are now in place include:
  • prohibiting businesses from making unilateral amendments to contracts, unless the consumer is provided advance notice and given the right to cancel the contract
    .
Aden this is why I am saying this has always been this way. They can not modify,do unilateral amendments or even bankruptcy, we should have been given notice before they do any of this explained on item 37 Notices of my Lease Contract. We all have to fight to protect our contracts from Judges and fraudsters like Northwynd. Modifications can not materially prejudice the right of existing lessees. We know this will now,we would be responsible to replace all the buildings. I have said all along when I started to keep your money in your pocket and we know what happened when Justice Loo ruling incorrectly and it has been a scam ever since ,including Our Lawyer MG. We need to hear from the Law Society first before we do any thing. It seems to me the cart is always in front of the horse,the time owners again that paid Knew that Justice Young was going to rule on interest rates and many time owners paid why? I sure hope many did not because of MG’s fraudulent way he handled this right before Christmas and again not giving time owners time to go over the document or have the right to rescind. All of this should be reported to the RCMP also. They can not just send out a bill. Every thing must be itemized justifying the cost. I was told MG did not do this so Why Pay and what are you getting for your money?
 

teedeej

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0D7ECF5E-1E00-452F-8894-068BB0D40EAD.jpeg
I think KW is telling Sauvageau to intimidate Option #1 Geldert clients concerning the gag order.

This email was addressed to my personal email account that I use for Facebook and TUGBBS postings.
 

CleoB

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Can you imagine the bill collector charging 108000.00 and all he did is send a registered letter to our mail box. We have not had a email or a phone call nothing and he is charging this amount. He well have to break down all the costs properly and prove to me that he is worthy of these costs. This is fraud,scam,extortion and white collar crime. The court judges should be demanding where they are coming up with what they are charging. I heard they did the same thing when MG collected off of Otion#1 time owners. How are they getting away with this? Time to talk to the anti fraud devision with the RCMP again. Every one stop this from happening.
The RCMP will not investigate as this is before the courts. If you want a breakdown of the charges contact Sunchaser and have them send you a bill. I'm surprised they haven't so far.
 

heydynagirl

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Who on here was sued in BC and did not pay? Has anyone heard anything other than having a withdrawal of service letter filed with the courts in BC? Just looking for input / advice / possible actions.
 

dotbuhler

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Who on here was sued in BC and did not pay? Has anyone heard anything other than having a withdrawal of service letter filed with the courts in BC? Just looking for input / advice / possible actions.
I know of 7 people, and suspect that anyone with an other-than-Alberta address were proceeded against in B.C. Lumped in with the 300 named in the 'JEKE test case'. When the B.C. Courts send you the Order of Judgement (Writ of Execution) you can request an Appointment to dispute that. Of course that'll probably be in B.C....
 
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