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

[MarcieL]

...for those who paid, I wish you would have not been feeling as if that was your only alternative. At least I can still look myself in the mirror and know that I will never pay. As a timeshare leessee, with a decade or so left on my contract, I will continue to ignore the 'Resort Villa Management' envelopes and whatever they have inside that show up here every so often. Having worked within the law as long as possible I am thinking that personal bankruptcy along the lines of Colin Knight is looking very attractive. Of course I don't have 3 ex-wives and a current spouse in whose maiden names to bury my assets, but the template he has provided certainly leaves room for creativity!

If you will never pay they will seize your assets, put a lein on your house. We did not exactly fall off the turnip truck yesterday. My husband is well educated, we could not risk losing our home or assets, as previously mentioned the judge ruled in THEIR favour.

 

[MarcieL]

I would never pay this. Millions being collected and is there another Northmont?

What will you do when they register a judgment against your property?

 

[Spark1]

I would never pay this. Millions being collected and is there another Northmont?

What will you do when they register a judgment against your property?

Has Justice Young made a decision on Interest Rates? If She did that is news to me. She made a decision on Feb.15/2017 and I believe it was for the amount that is in your contract but that was appealed by greedy Northmont and could be heard this December. The greedy bill collector from Ontario got his wrists slapped because of the way He was dealing with time owners back in 2014. So the bills they have been sending out are illegal. If the time owners settled for what MG was asking I would sure go after the lower rate, if you are willing to pay they will love you.

 

[MarcieL]

I don't think many of us wanted to pay for an asset we purchased, but we lost all court cases. The judges ruled in Northmont's favour, so rather than risk living under a bridge we paid, we do not have a money tree in our back yard.

 

[GypsyOne]

One can suspect a deeply flawed Court decision and complicity with the province of BC who did not want a popular tourist destination to fail nor have to prop it up with public money. What better solution for them then to have the unorganized timeshare owners pay the cost of unethical management and shoddily-constructed buildings. The developers know how the "pay to play" game works in BC and they probably played it to the fullest with our money. Having said that and as improper as it might be, we lost two Court decisions, so do you want to risk holding a debt that is compounding at 26% interest? That is a life changing call that we never should have had to make.

 

[Spark1]

One can suspect a deeply flawed Court decision and complicity with the province of BC who did not want a popular tourist destination to fail nor have to prop it up with public money. What better solution for them then to have the unorganized timeshare owners pay the cost of unethical management and shoddily-constructed buildings. The developers know how the "pay to play" game works in BC and they probably played it to the fullest with our money. Having said that and as improper as it might be, we lost two Court decisions, so do you want to risk holding a debt that is compounding at 26% interest? That is a life changing call that we never should have had to make.

Yes I know all of what you are saying, my question is what has this got to do with MG waiting for the Judge to decide what interest rate he was allowed to charge. Any one that thinks a court judge is going to rule against another court judge should give their head a shake. That is also a gamble. Justice Young made her decision and she will win the appeal. Karma will happen.

 

[Spark1]

Yes I know all of what you are saying, my question is what has this got to do with MG waiting for the Judge to decide what interest rate he was allowed to charge. Any one that thinks a court judge is going to rule against another court judge should give their head a shake. That is also a gamble. Justice Young made her decision and she will win the appeal. Karma will happen.

This is a great story to read done by Truth
Truths 2 Cents: Northmont Sunchaser Scandel-The Untold Story

 

[MarcieL]

I understand people are in court today in Edmonton appealing the 26.5% interest rate. I wish you all success in this tireless fight!

 

[Appauled]

...for those who paid, I wish you would have not been feeling as if that was your only alternative. At least I can still look myself in the mirror and know that I will never pay. As a timeshare leessee, with a decade or so left on my contract, I will continue to ignore the 'Resort Villa Management' envelopes and whatever they have inside that show up here every so often. Having worked within the law as long as possible I am thinking that personal bankruptcy along the lines of Colin Knight is looking very attractive. Of course I don't have 3 ex-wives and a current spouse in whose maiden names to bury my assets, but the template he has provided certainly leaves room for creativity!

If you will never pay they will seize your assets, put a lein on your house. We did not exactly fall off the turnip truck yesterday. My husband is well educated, we could not risk losing our home or assets, as previously mentioned the judge ruled in THEIR favour.

I haven't been on here for a long while and wanted to see if there has been any new developments.
As much as I wanted to continue the fight against this mis-justice, I could no longer stay on this merry-go-round and continue to get screwed by crooked lawyers, a corrupt justice system and suffer many sleepless nights.
I chose to file a consumer proposal rather than a personal bankruptcy and did not pay the ridiculous bill of $60,000+ "Excellent Deal" that MG negotiated on our behalf.
As sick to my stomach it made me to go that route after a lifetime of impeccable credit, there was NO WAY IN HECK I was going to pay those crooks their ill gotten crooked judgement!
So if it is of any help to those interested out there, that is an option that any reputable Bankruptcy Trustee can go over with you and they usually will give you a free 1 hour consultation to go over your options.
Again I stress that if you go this route, make sure that your are dealing with a reputable Bankruptcy Trustee, there are several out there that are not all that they say they are. I did my homework and found a good one to help me.
That's just my 2 cents for anyone out there.
I wish you all justice and good luck.

 

[dotbuhler]

...for those who paid, I wish you would have not been feeling as if that was your only alternative. At least I can still look myself in the mirror and know that I will never pay. As a timeshare leessee, with a decade or so left on my contract, I will continue to ignore the 'Resort Villa Management' envelopes and whatever they have inside that show up here every so often. Having worked within the law as long as possible I am thinking that personal bankruptcy along the lines of Colin Knight is looking very attractive. Of course I don't have 3 ex-wives and a current spouse in whose maiden names to bury my assets, but the template he has provided certainly leaves room for creativity!

If you will never pay they will seize your assets, put a lein on your house. We did not exactly fall off the turnip truck yesterday. My husband is well educated, we could not risk losing our home or assets, as previously mentioned the judge ruled in THEIR favour.

In Saskatchewan the first $50,000.00 on your home is untouchable, so my house is less than that... You are allowed $2400.00 monthly in your bank account before they can touch anything, again okay. RRSPS and pensions and TFSAs ditto. Of course this is Saskatchewan guidelines and every province is different. Being less well advantaged under these circumstances is definitely working in my favour. Oh, and a personal vehicle up to $20,000.00, I think my 2003 Focus is safe...lol! Before they can put a lien on your property you are afforded the opportunity in B.C. to raise an objection in spite of the Judgement. So I figure I have nothing to fear but fear itself.

 

[dotbuhler]

I haven't been on here for a long while and wanted to see if there has been any new developments.
As much as I wanted to continue the fight against this mis-justice, I could no longer stay on this merry-go-round and continue to get screwed by crooked lawyers, a corrupt justice system and suffer many sleepless nights.
I chose to file a consumer proposal rather than a personal bankruptcy and did not pay the ridiculous bill of $60,000+ "Excellent Deal" that MG negotiated on our behalf.
As sick to my stomach it made me to go that route after a lifetime of impeccable credit, there was NO WAY IN HECK I was going to pay those crooks their ill gotten crooked judgement!
So if it is of any help to those interested out there, that is an option that any reputable Bankruptcy Trustee can go over with you and they usually will give you a free 1 hour consultation to go over your options.
Again I stress that if you go this route, make sure that your are dealing with a reputable Bankruptcy Trustee, there are several out there that are not all that they say they are. I did my homework and found a good one to help me.
That's just my 2 cents for anyone out there.
I wish you all justice and good luck.

I am so with you on your decision and appreciate your sharing with us!

 

[MarcieL]

You are allowed $2400.00 monthly in your bank account before they can touch anything, again okay.

That's great but having worked in a bank, I have seen "a requirement to pay" put on people's accounts before the client even knows it has been implemented, the money is withdrawn, all is done electronically today. Just saying i would keep an eye on your acct.!

 

[GypsyOne]

I understand people are in court today in Edmonton appealing the 26.5% interest rate. I wish you all success in this tireless fight!

Marcie, do you know who is representing the timeshare owners?

 

[dotbuhler]

You are allowed $2400.00 monthly in your bank account before they can touch anything, again okay.

That's great but having worked in a bank, I have seen "a requirement to pay" put on people's accounts before the client even knows it has been implemented, the money is withdrawn, all is done electronically today. Just saying i would keep an eye on your acct.!

Well, unless the bank makes a big mistake and credits my account mistakenly, it will not happen.

 

[truthr]

Hey everyone
Did ya all miss me?

It has been awhile and I see things have been a bit busy lately on here. I would like to clarify a point or two.

Yesterday there was a hearing in Edmonton, but it was not what some may think. It was NOT Judge Young defending her Supplemental Decision of February 28th, 2018 regarding interest and cost. It was those of us who have pre 2004 contracts defending it as Northmont filed a Cross Appeal.

It was also some presenting regarding the original Appeal filed in November 2017 - those who did present were self representing whereas those who were part of the Cross Appeal (2 groups) had legal representation (2 lawyers, one for each group).

The morning was about the Cross Appeal and the afternoon was the Appeal. Justice Gill was very patient with all and gave everyone the time they needed to present.

He said that he will have a decision in the next few weeks.

I will have more to report soon, just need to take some time to relax, regenerate and regroup.

 

[GypsyOne]

Very briefly, what was the Cross appeal about?

 

[truthr]

Very briefly, what was the Cross appeal about?

In Judge Young's Supplemental Decision (February 28th, 2018) she ruled that all contracts post 2004 would pay the 26.82% interest and the pre2004 contracts would pay 5% in accordance with the Canada Interest Act. The pre2004 contracts had only a monthly interest of 2% with no yearly amount which is in violation of the Canada Interest Act. Northmont appealed that decision, hence the cross appeal. The reason there was a Supplemental Decision in AB was because the judge in the original Decision had instructed both sides to work out the interest and cost and if they couldn't it would be before the judge again to make that decision.

To my knowledge it is considered a cross appeal because the Geldert Group had already filed an appeal on the original Decision from October 11, 2017. Some of us who have pre2004 contracts hired attorneys to defend the ruling of 5%.

 

[GypsyOne]

In Judge Young's Supplemental Decision (February 28th, 2018) she ruled that all contracts post 2004 would pay the 26.82% interest and the pre2004 contracts would pay 5% in accordance with the Canada Interest Act. The pre2004 contracts had only a monthly interest of 2% with no yearly amount which is in violation of the Canada Interest Act. Northmont appealed that decision, hence the cross appeal. The reason there was a Supplemental Decision in AB was because the judge in the original Decision had instructed both sides to work out the interest and cost and if they couldn't it would be before the judge again to make that decision.

To my knowledge it is considered a cross appeal because the Geldert Group had already filed an appeal on the original Decision from October 11, 2017. Some of us who have pre2004 contracts hired attorneys to defend the ruling of 5%.

Thanks.

 

[Spark1]

“Justice Gill’s, Appeal Court, Decision will be given in less than two weeks regarding Oct 10th hearing.”
So if people are leaning towards paying please WAIT for the decision. A comment made by Jud Virtue that was overheard was “I feel like I am tying to SWIM up the RIVER”.

 

[MarcieL]

Thanks for the update Spark 1.

 

[truthr]

“Justice Gill’s, Appeal Court, Decision will be given in less than two weeks regarding Oct 10th hearing.”
So if people are leaning towards paying please WAIT for the decision. A comment made by Jud Virtue that was overheard was “I feel like I am tying to SWIM up the RIVER”.

First, Justice Gill said the decision would not take days but weeks. I do not recall him ever saying it will be in less than two weeks.

Second, to my knowledge this decision only affects those in Alberta in the non settling Geldert group with pre2004 contracts. If you are in BC, are part of the non settling Geldert group and have not paid and think this may affect the judgment against you if I were you I would contact a lawyer before making that assumption as the interest is still accumulating.

Third, to my knowledge this will not affect those with a Consent Judgment already filed against them - whether in AB or BC.

Again, this is just my opinion and I am not a lawyer.

 

[Spark1]

First, Justice Gill said the decision would not take days but weeks. I do not recall him ever saying it will be in less than two weeks.

Second, to my knowledge this decision only affects those in Alberta in the non settling Geldert group with pre2004 contracts. If you are in BC, are part of the non settling Geldert group and have not paid and think this may affect the judgment against you if I were you I would contact a lawyer before making that assumption as the interest is still accumulating.

Third, to my knowledge this will not affect those with a Consent Judgment already filed against them - whether in AB or BC.

Again, this is just my opinion and I am not a lawyer.

First of all it should not matter whether you are from Alberta or B.C. what this so called Justice System with this case has done for me is who do you Trust? I supplied a lot of information to Geldert Law. It was my documents that I supplied to Service Alberta and the RCMP. My Question is how long was MG working with the enemy? My last discussion with him was he finally got Northmont to the table and now they are going to have to pay the 25.4 million they owe the resort. He also talked to me about moving the buildings out of the resort would not be happening. The other question is what was the MLT AIKINS Letter All about and the big waste of Money it cost all of us. Why did this all change over night, I know it was all about big money not Justice. How does a Lawyer change from great news to The SIF 26.8% interest with the threat of 162% interest over night. I sent him a email in November talking to him about the Fair Trading ACT and what I got back from him is my regards. I still have that email. Who can forget the mad rush in Dec/2017.
The way I look at this case is if you shut down the timeshare office and you screw with our contracts and conveniently change them all to the the contract that Jim Belfry had which I bet very high interest compared to my 2%, Northmont is all about greed. They never wanted a resort,they wanted every one to cancel. That is where it started with me with their phoney cancellation. I will always feel that the Justice System was totally one sided and never considered on bit how much money every one lost by losing their investment buying their Vacation Villa Lease. Not having a CONDO-ASSOCIATION is a Hugh Breach and this is what the Merrimans we’re pushing for so we could of worked with the resort owners to save the resort. When we won the appeal ,what did the judge say? The Judge warned owners of the resort about the unilateral movement of contracts and encouraged them to work with the time owners and was not empressed about the Ontario bill collector year 2014. I will always feel this was a planned Bankruptcy.

 

[MarcieL]

First of all it should not matter whether you are from Alberta or B.C. what this so called Justice System with this case has done for me is who do you Trust?

Excellent point!

 

[GypsyOne]

No question the justice system let we the lessees with our rock-solid contracts down. The impression I got was of a court system that had its decision before the evidence was presented, and ultimately supported with cherry-picked legalese. I sometimes wonder if our lawyers either defended on the wrong points or defended inadequately on the right points. Or perhaps it didn't matter what our lawyers presented; the court already knew what it had to do and that was to favor the Province and the land developers of a popular tourist destination the Province didn't want to see fail or have to prop up with public funds.

 

[Spark1]

First of all it should not matter whether you are from Alberta or B.C. what this so called Justice System with this case has done for me is who do you Trust?

Excellent point!

The Suppliers and the 3 Wives are from Alberta therefore even the Supreme Court cases should of been in Alberta. If you talk to Protection BC they know very little about our Lease Contracts. Service Alberta knew more but this service Alberta Minister did us a great favour by passing Bill 31 Unilateral Amendments to Contracts but those bright Dim light bulbs should of passed it Jan2/2016 not Dec 13/2017. In Mexico if you are a tourist and you bought a timeshare there citizens and tourists are treated as equals when it comes to consumer Affairs. It should not matter one bit what country you are from or what Province you are from we are all being screwed by Northmont and the Justice System. Things have to change. It would be like Northmont to charge our American friends 26.8%. I hope you Americans believe in Karma because I do.