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

DarkLord

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So how does Fairmont Resort Properties, set up a division called FRPL Finance, solicit people to invest in money, offering 12% rate of return over 3 years, using the collateral of the Fairmont and Okanogan properties, with the promise of investing and buying places in Hawaii, Mexico and elsewhere?

Something just does not seem right.

What bugged me was that Fairmont used the resorts as colleteral! This fact alone proves that Fairmont owned the resorts and not the TS owners. And if Fairmont owned and now Northwynd owns the resorts along with the associated risk and reward, on what legal ground could Northwynd charge the TS owners monies to upgrade their (Northwynd's) properties?
 

fairmontlvr

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What bugged me was that Fairmont used the resorts as colleteral! This fact alone proves that Fairmont owned the resorts and not the TS owners. And if Fairmont owned and now Northwynd owns the resorts along with the associated risk and reward, on what legal ground could Northwynd charge the TS owners monies to upgrade their (Northwynd's) properties?

What gets me is where has all the money gone? What happened to the money raised from those that invested into FRPL? How can FRPL be a creditor of Fairmont Resort Properties for over $10,000,000 and yet many investors never saw any of their returns? Where did the money go from the funds raised from Fairmont Resort Properties/ Northwynds' Legacy for Life program?

There are so many complaints on various boards about Northwynd and FRPL.
I need a break from all of this, I think I will travel down to Mexico and buy into a timeshare...... it just might be more legit!!
 

truthr

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One Would Think

After spending the last week researching and reading anything and everything I can find about this whole mess One Would Think that whoever the investors are that have some really big bucks in this - that they would be doing something about all this. My suspicion is that they are and that they are doing it in private as a group and that once all the chips fall into place it will all come out.

It is in their best interest to have all us Timeshare holders still in the mix in order to preserve their investment.
 

bifft

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Chartered Accountants of Alberta

Some of the recent posts would suggest a complaint should be registered with CAA, knowing that Northmont's accounting is being investigated should give the judge pause.
This comes straight from CAA's website.
http://www.albertacas.ca/ProtectingServingthePublic/DisciplineHearings.aspx

"Discipline Hearings

If one or more allegations of unprofessional conduct are referred to the Discipline Tribunal Roster Chair, the Chair appoints a Discipline Tribunal to hear the matter. A Discipline Tribunal normally consists of two members of the Institute and one member of the public that has been appointed to the Public Member Roster by the Government.

The participants of a Discipline Tribunal have no prior knowledge of the case and must be free from bias on conflict.

The hearing is usually attended by the investigated party and legal counsel, counsel for the Complaints Inquiry Committee, the CIC Secretary, witnesses called by either side [of which the complainant may be one], a court reporter, and counsel to the Tribunal. Hearings before a Discipline Tribunal are open to the public. In rare circumstances, a tribunal may closed all or part of a hearing if the matter involves public security or if the need to protect the confidentiality of intimate financial, personal, commercial or other matters outweighs the desirability of an open hearing.

After hearing the evidence and arguments, the Discipline Tribunal makes its findings on each allegation. If a finding of unprofessional conduct is made the Discipline Tribunal orders appropriate sanctions. In making its determination, it considers the seriousness of the conduct, what is required to protect the public, whether rehabilitation is possible and what will deter the investigated party and other registrants.

The Discipline Tribunal must produce a written decision that includes reasons for its decision. The complainant is provided with a copy of the decision, but cannot appeal. Only the Investigated Party and the Complaints Inquiry Committee may appeal the decision and sanctions of a Discipline Tribunal."
 
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Chilliaces

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You want to know where all the money went?

All the $$$ from timeshare sales and maint fees that we thought was being wisely used for upkeep etc. was actually going to buy resorts in Hawaii, Belize, Nevada, houseboats in the Shushwaps, etc. Now they are all in trouble and our resort is falling apart. We have been swindled from the previous owners and now the new ones are worse. Who buys a resort and either doesnt do their homework as to the state of the resort, or doesn't care because they think they can get the "owners" to fix all their problems. Only a bunch of idiots would do it the way they did. If they would have eased into it and done things in stages, they probably wouldnt have had this backlash. Unfortunately there are way too many uninformed people, mostly seniors, that will just pay to get out. That is what my father wanted to do. Hopefully me talking him out of it will pay dividends by Northwynd going belly-up. I would rather lose both of my leases than give these crooks any cash. My bill was $7550, are you kidding me. Never mind paying for those who do not pay with much higher maint fees in the years to come. I hope more and more people keep joining the legal battle in this case. Northwynd needs to get the message loud and clear.
 

fairmontlvr

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Mutual Fund Salesman fired and reprimanded for his actions with FRPL

Found this.... http://www.mfda.ca/enforcement/hearings12/NOH201259.pdf

Basically a disciplinary hearing of reprimand conducted by the Mutual Funds Dealers Associations of Canada of one its agents who was selling and promoting FRPL to investors. He was working for PFSL and soliciting clients to invest in FRPL. Interesting that he was paid a commission of $185,760 by FRPL from a period of Jan 2006 to June 2007 and that he also personally invested $100,000 in FRPL.

March 8, 2010 during the restructuring of FRPL, he was appointed as a trustee of FRPL, when his employer PFSL found out about his actions, he was terminated and then faced disciplinary action by the Mutual Funds Association of Canada.

Interesting.
 

fairmontlvr

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Found this.... http://www.mfda.ca/enforcement/hearings12/NOH201259.pdf

Basically a disciplinary hearing of reprimand conducted by the Mutual Funds Dealers Associations of Canada of one its agents who was selling and promoting FRPL to investors. He was working for PFSL and soliciting clients to invest in FRPL. Interesting that he was paid a commission of $185,760 by FRPL from a period of Jan 2006 to June 2007 and that he also personally invested $100,000 in FRPL.
S
March 8, 2010 during the restructuring of FRPL, he was appointed as a trustee of FRPL, when his employer PFSL found out about his actions, he was terminated and then faced disciplinary action by the Mutual Funds Association of Canada.

Interesting.

So I am wondering out loud, how many other "select" investors became trustees of the restructuring of FRPL, which we can assume is now Northwynd/ Nortmont.
 

RandyCDK

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Happy Reading;)

I read through these DOCs and found one that shows the initial Northwynd proposal on returns to the Northwynd shareholders that is very interesting reading (about 130 pages so grab a coffee) and one note (copied below) even tells how employees can benefit (guess I don't feel so bad anymore about hearing people were yelling at the Northwynd employees as their appears to be profit sharing for them too). There is even a liquidation plan section and lots of info how investors will profit.

Check out this link from the 6th Ernst & Young Monitors Reports:
http://documentcentre.eycan.com/eyc...port of the Monitor, dated March 15, 2010.pdf


Incentive Plans
On Closing, the Trust will establish incentive plans for employees, officers and directors of the General Partner and officers and trustees of the Trust which may include a Cash Bonus Plan and a Performance based Trust Unit incentive plan. Such trust unit incentive plans are intended to enhance the performance of the Trust and align the interests of management and employees with the interests of the holders of Trust Units, as well as to encourage participants in these plans to remain with the Trust and to attract new employees to the Trust.
 

THE AVENGER

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Who are we dealing with?

.
There are several questions that have been bothering me regarding the Fairmont situation that we are all affected by.
1. Who are we dealing with?
As I understand it!
Several years ago (6 or 7) we were offered an investment opportunity by a group from Fairmont called FRPL (Fairmont Resort Properties Limited) which promised to pay 12% on our investment. The key presenter of the scheme was Ed Nochalt. Colin Knight was there as well as others of the Fairmont group. We never invested but several people invested large sums into this plan. Some I know personally invested $100,000-$150,000 and much more. Interest payments were made for a few months then stopped. When Fairmont went into receivership, several of these investors (whom I know personally), formed a company called Northwynd and took over the assets of Fairmont. They knew nothing about running a timeshare company so left the same administration in place (who had run it into the ground by skimming large sums into their pockets).
These investors (Northwynd), have devised a scheme (using a very clever lawyer) to recover some of their investment. The cash call for refurbishing will likely be funneled off to these investors by calling it repayment of loans or payments to creditors. This may be legal from the so called trust funds. There are no indications where the funds from those who are opting out will be allocated to. They are to go to a trust account of the lawyer. What are the conditions of this trust and what is it for? I understand it will go into the pockets of the Northwynd investors group.
2. Who are the principles of Northwynd?
3. Where did Northmount come from?
4. If we indicate that we are opting out, and we pay nothing towards it (or a token amount), would we be subject to the 2% per month? There is no mention of how this would be handled. Maybe this could be stretched out for several months or maybe years at say $10 a month since we as pensioners can only afford that much. I don’t think they can start action if you are attempting to pay the debt.
5. We also own at Lake Okanagan. How is this going to affect this resort since it is owned by Northwynd?
6. I would expect that most of those who are taking the option to pay the refurbishing fee would take the $100/month option. This will not put enough cash in the hands of Northwynd to proceed with any sort of refurbishing and the whole scheme will collapse. No bank will advance credit to anyone in the financial condition of Northwynd.
7. I believe Northwynd has a questionable name in the Valley, so they may find it hard to get contractors to work for them unless it was cash up front.
8. How does this affect our status with Interval International? We have 4 weeks banked with them. Will we still have a membership with them and be able to use Getaways?
9. Some owners have looked at engaging a lawyer to act on their behalf. The only thing a lawyer can do for you is take your money and give you some advice. Some owners think they can start a class-action-suit. This is not feasible since there is no loss to be recovered in this case. THESE ARE SOME OF MY CONCERNS AND I WOULD LIKE TO HAVE SOME OTHER’S IDEAS!

This was posted on May 9th and mostly applies today! those investors (=838 who formed Northwynd/Northmont) are currently launching a class action law suit against FRPL et-all.
 

THE AVENGER

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Who are we dealing with?

.
There are several questions that have been bothering me regarding the Fairmont situation that we are all affected by.
1. Who are we dealing with?
As I understand it!
Several years ago (6 or 7) we were offered an investment opportunity by a group from Fairmont called FRPL (Fairmont Resort Properties Limited) which promised to pay 12% on our investment. The key presenter of the scheme was Ed Nochalt. Colin Knight was there as well as others of the Fairmont group. We never invested but several people invested large sums into this plan. Some I know personally invested $100,000-$150,000 and much more. Interest payments were made for a few months then stopped. When Fairmont went into receivership, several of these investors (whom I know personally), formed a company called Northwynd and took over the assets of Fairmont. They knew nothing about running a timeshare company so left the same administration in place (who had run it into the ground by skimming large sums into their pockets).
These investors (Northwynd), have devised a scheme (using a very clever lawyer) to recover some of their investment. The cash call for refurbishing will likely be funneled off to these investors by calling it repayment of loans or payments to creditors. This may be legal from the so called trust funds. There are no indications where the funds from those who are opting out will be allocated to. They are to go to a trust account of the lawyer. What are the conditions of this trust and what is it for? I understand it will go into the pockets of the Northwynd investors group.
2. Who are the principles of Northwynd?
3. Where did Northmount come from?
4. If we indicate that we are opting out, and we pay nothing towards it (or a token amount), would we be subject to the 2% per month? There is no mention of how this would be handled. Maybe this could be stretched out for several months or maybe years at say $10 a month since we as pensioners can only afford that much. I don’t think they can start action if you are attempting to pay the debt.
5. We also own at Lake Okanagan. How is this going to affect this resort since it is owned by Northwynd?
6. I would expect that most of those who are taking the option to pay the refurbishing fee would take the $100/month option. This will not put enough cash in the hands of Northwynd to proceed with any sort of refurbishing and the whole scheme will collapse. No bank will advance credit to anyone in the financial condition of Northwynd.
7. I believe Northwynd has a questionable name in the Valley, so they may find it hard to get contractors to work for them unless it was cash up front.
8. How does this affect our status with Interval International? We have 4 weeks banked with them. Will we still have a membership with them and be able to use Getaways?
9. Some owners have looked at engaging a lawyer to act on their behalf. The only thing a lawyer can do for you is take your money and give you some advice. Some owners think they can start a class-action-suit. This is not feasible since there is no loss to be recovered in this case. THESE ARE SOME OF MY CONCERNS AND I WOULD LIKE TO HAVE SOME OTHER’S IDEAS!

This was posted on May 9th and mostly applies today! those investors (=838 who formed Northwynd/Northmont) are currently launching a class action law suit against FRPL et-all.
 

Undecided62

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Happy Reading;)

I read through these DOCs and found one that shows the initial Northwynd proposal on returns to the Northwynd shareholders that is very interesting reading (about 130 pages so grab a coffee) and one note (copied below) even tells how employees can benefit (guess I don't feel so bad anymore about hearing people were yelling at the Northwynd employees as their appears to be profit sharing for them too). There is even a liquidation plan section and lots of info how investors will profit.

Check out this link from the 6th Ernst & Young Monitors Reports:
http://documentcentre.eycan.com/eyc...port of the Monitor, dated March 15, 2010.pdf


Incentive Plans
On Closing, the Trust will establish incentive plans for employees, officers and directors of the General Partner and officers and trustees of the Trust which may include a Cash Bonus Plan and a Performance based Trust Unit incentive plan. Such trust unit incentive plans are intended to enhance the performance of the Trust and align the interests of management and employees with the interests of the holders of Trust Units, as well as to encourage participants in these plans to remain with the Trust and to attract new employees to the Trust.

Northwynd does not consider us, timeshare owners, as important to them. They see us as the cash cow. Their “important investors” are the original Bondholders who bought into their development schemes. If you read through the previously posted document (it’s like wading in convoluted legalize), you’ll see that their intent was to take over the Assets from FRPL and return capital to it’s Bondholders. When the initial company stopped paying the initial bond holders their interest, a new company was formed, Northwynd.
We are not the important Bondholders. That’s not us. We don’t rate in their plan. We are either part of a forced liquidation scenario or an orderly liquidation scenario. At least that’s what this feels like. Oh, and Northwynd was very aware of the condition of building 7000.
 

fairmontlvr

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True cost/value of a timeshare unit.

This came from the same documents mentioned a few posts back and contain some interesting projections and numbers. A bit of enlightenment as to why timeshares are so much cheaper on the resale market as opposed to buying new at those slick presentations.

Northwynd did some projections probably based on previous sales experience but the numbers shed some light into the mark-up and true value of what we own. As you can see below, they projected revenue of $23,000 per unit for the unbuilt 8300 Riverview unit. This alone seems high, sure perhaps they might sell the gold annuals at a high end but i doubt the ski season to get anywhere near as much.
The real point here is the sales cost. 43%!!.....so there you have it, the cost of all those promos, invites out to guests, the free golf, fee spas treatments for taking a tour, but probably the biggest factor, is the sales commission. They all account for 43% of the cost of what you pay for your brand new shiny timeshare.

Thus a unit that sales for $23,000, has $9,890 of it's price associated with sales.

Now using their numbers again, cost of capital of $12,377,866 / 1632 weeks = $7,584 per unit.

Net return $9,017,644 / 1632 weeks = $5,525 per unit.

Summary, if all units sell and fully developed.
Average cost per unit of $23,000 consists of:
Cost to build $7,584
Sales costs $9,890
Profit $5,525

So in reality the $ 23,000 unit actually cost $7,584.00

So this explains why a resale is so much cheaper than buying new.

Below is the info taken from the documents

The basic pro forma components of the Fairmont Villas Building 8300 are as follows:
Fairmont Villas
Building 8300 Development
Rooms 32
Weeks 1,632
Development cost 32 roorr 9,500,000
Average revenue per week 23,000
Selling costs 43%
Net margin per week 13,110
Project revenue 37,536,000
Project margin 21,395,520
Cost of capital 12,377,866
Net return 9,017,654
 
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Quadmaniac

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Marriott Willow Ridge (x2), Ko Olina week 51 (x3) & 52(x2)
This came from the same documents mentioned a few posts back and contain some interesting projections and numbers. A bit of enlightenment as to why timeshares are so much cheaper on the resale market as opposed to buying new at those slick presentations.

To be honest, I don't think it really matters what the timeshare cost to build vs resale price as there is no real correlation. Most of the Fairmont ones, like many others, sell for a dollar, as that is what people are willing to pay. Its a simple case of supply and demand. Even if it cost the full amount to develop it, it would not change the resale value.
 

Pita

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CTV NEWS Monday June 10

FYI..for those in the Calgary Area, CTV news at 6:00 on Monday.

"Timeshare Nightmare"
 

truthr

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FYI..for those in the Calgary Area, CTV news at 6:00 on Monday.

"Timeshare Nightmare"

Thanks for letting us know. We don't get that channel here in BC but will look at it on the internet Monday night. :)
 

TS Migraine

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Judythree times, I dug out my Fairmont File and found the original Sales Package used to promote the FRPL "opportunity." I have it intact as we never took the bait or even considerd it possibly legit; thanks intuition :).
 

TS Migraine

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So I am totally confused by the implications of the Legacy for Life Plan and the FRPL plan, and even the VIA, which Wankel posts as Exhibit C in his Affidavit. I believe my Lease contract is Exhibit A, as would be the case for most 20 year old TS owners. If a TS owner has never signed any of the recent agreements worded to hook you for Capitol Costs etc. , how can Northwynd include us 20 year old guys in this Universal invoice? Without our agreement ( signatures) to change the terms of our contract, how can they, by re-arrangng Mgmt,and Trustees suddenly decide we are obligated for Capitol Costs if our original lease does NOT say we are??? Who is Norton Rose??? And maybe they should be investigated by the Bar Association. Accountants that need reprimand, Mutual Fund Sales people in conflict of Interest, why not lawyers too?
 

Anxiety123

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Use of booked weeks

Has anyone used their booked week or have they asked if they will be able to used their booked week this summer down in Fairmont now that the May 31 deadline has passed? That is anyone that did not sign to Stay or Go. I have not been able to get through to Sunchasers (line always busy) and never received an answer to an email I have sent them. My week coming up soon.:shrug:
 

Chilliaces

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I talked to Sunchaser yesterday and they are honouring bookings through the end of June at this point. I have a week booked July 1-8. They told me to call back towards the end of the month. This has been extended due to the court date of June 25th. Once the court makes a ruling, we will know if we can use our week. Unfortunately that wont be until 6 days before we are scheduled to be there.
 

CleoB

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I talked to Sunchaser yesterday and they are honouring bookings through the end of June at this point. I have a week booked July 1-8. They told me to call back towards the end of the month. This has been extended due to the court date of June 25th. Once the court makes a ruling, we will know if we can use our week. Unfortunately that wont be until 6 days before we are scheduled to be there.

With four legal firms involved and who knows how many people retained their own counsel, I doubt that the court will make a decision on June 25.
 

TS Migraine

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I phoned the Reservations number on Thursday, spoke with Jessica and asked to book Week 52 at Riverside and deposit it Lock Off with Interval. They agreed to let me do this and then messed up the lock off by splitting my A and B units into two different buildings: A side Riverside unit, and B side Hillside??? I shall phone Monday and see of it can be straightened out. Who knows, I hope Interval will still be acknowledging Fairmont in its Exchange program by week 52??
 

Fly525

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Has anyone used their booked week or have they asked if they will be able to used their booked week this summer down in Fairmont now that the May 31 deadline has passed? That is anyone that did not sign to Stay or Go. I have not been able to get through to Sunchasers (line always busy) and never received an answer to an email I have sent them. My week coming up soon.:shrug:

Yesterday I phoned Reservations in Calgary to ask about my upcoming week. They advised that we would be OK though technically in default because we have yet to make a decision. Checked in today at Fairmont and was given a notice that indicated that although they hadn't restricted any weeks yet, they may do at any time. We'll see how it goes and advise on this site.
 

TS Migraine

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SO this astounds me. If you have paid your maintenance fees, booked your time, and show up for the appropriate week, how can they NOT allow you to use your unit for the booked week? I would think restricting this action would spawn another whole list of lawsuits. That is like stealing your maintenance money, and maybe making double money on the time on your unit, if they book someone else- from say Florida -into it???? I am really beginning to wonder about the credibility of their Norton Rose Legal counsel if they think this is a legit way to conduct their business.
 

pdoff

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Noted that Mr. Wankel was the CFO for another defunct Company - Fair Sky Resources. A busy fellow!
 

truthr

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Noted that Mr. Wankel was the CFO for another defunct Company - Fair Sky Resources. A busy fellow!

Oh he is a busy fellow, he is not only a World of Warcraft raid leader, he has actually written a book about it::ponder:

https://www.smashwords.com/profile/view/Sixsided

Maybe part of the problem, people are no longer people, just pawns. But this is not a computer game, this is real life, with real people; people who actually get hurt and can't just get up and walk away.:bawl:
 
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