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

[EvaS]

Resort Villa Management just sent this email to collect more money. They scare people with interest charges and collection costs even though the case is still in the court. It is another prove that their intentions are cruel. How they can ask to pay maintenance fee if the case is not finalized yet.

Original email:
"Please find attached a copy of your outstanding maintenance fees excluding the renovation project maintenance fee.

At this time, we understand that a percentage of our timeshare members are awaiting the outcome of the BC Court Petition before determining their decision on the renovation. However, the outcome of that process has no impact on your existing maintenance fees which are in default and incurring overdue interest charges.

We strongly urge our timeshare members to bring their accounts into good standing to avoid further interest charges and legal and collection costs in the event we have to pursue additional action.

If you have recently sent in your payment, please ignore this email and thank you. If you have any questions or concerns, or if this email has reached you in error, please contact us at the phone numbers on the statement.

Best regards,

Resort Villa Management"

 

[Rancher]

Resort Villa Management just sent this email to collect more money. They scare people with interest charges and collection costs even though the case is still in the court. It is another prove that their intentions are cruel. How they can ask to pay maintenance fee if the case is not finalized yet.

Original email:
"Please find attached a copy of your outstanding maintenance fees excluding the renovation project maintenance fee.

At this time, we understand that a percentage of our timeshare members are awaiting the outcome of the BC Court Petition before determining their decision on the renovation. However, the outcome of that process has no impact on your existing maintenance fees which are in default and incurring overdue interest charges.

We strongly urge our timeshare members to bring their accounts into good standing to avoid further interest charges and legal and collection costs in the event we have to pursue additional action.

If you have recently sent in your payment, please ignore this email and thank you. If you have any questions or concerns, or if this email has reached you in error, please contact us at the phone numbers on the statement.

Best regards,

Resort Villa Management"

I am thinking that the maintenance fees you owe have nothing to do with the renovation charges as they are separate items. You would still owe the maintenance fees no matter how the legal battle turns out.

 

[DarkLord]

I am thinking that the maintenance fees you owe have nothing to do with the renovation charges as they are separate items. You would still owe the maintenance fees no matter how the legal battle turns out.

Yes but subtle differences in that some owners think that if you don't pay the maintenance fees, you lose your right to use the timeshare. Northwynd claims that once you buy the TS you are on the hook for 40 years of maintenance fees which is what some owners are challenging in court.

With the maintenance fee the level they are at due to the mis-management of Northwynd, I and many other owners would just rather walk away.

 

[Spark1]

Yes but subtle differences in that some owners think that if you don't pay the maintenance fees, you lose your right to use the timeshare. Northwynd claims that once you buy the TS you are on the hook for 40 years of maintenance fees which is what some owners are challenging in court.

With the maintenance fee the level they are at due to the mis-management of Northwynd, I and many other owners would just rather walk away.

Did anybody receive their audited statements yet? Looks like another breach of the contract. Northwynd just cannot get this right, they feel that they are above the law and they can do as they like. I took a large package to Service Alberta and they went through everything with me. They went over the cancellation form with me and said, this is not a cancellation seeing Northmont does not have to release you until they feel they want to and you are responsible for all the costs according to the contract. They do not have a problem with you as long as you keep paying them. Two hours later after they met with me they phoned and said they moved all the documents to the RCMP department which is run buy Frank Smart. A few days later i got a call from a agent from Service Alberta and she said that no one can change my agreement that we signed when we bought 12 years ago. Supreme court or no supreme court they cannot change your original agreement. Save your money Northwynd your not going to win this one. What we have to do is close our wallets and give them nothing.

 

[DarkLord]

Northwynd just cannot get this right, they feel that they are above the law and they can do as they like.

Northwynd's action is akin to schoolyard bullying. I can't imagine the owners want to pay them and continue to have this kind of relationship with Northwynd.

After this is over, those Northwynd employees who lied on the affidavite good luck finding new jobs in Calgary as I know a few downtown Calgary employees who had bought the Fairmont TS and are sicked of the treatment they are getting from Northwynd.

 

[tdjanzen]

This is good news. I gather this was the 3 owners lawyers cross examining Frey and Wankel outside of the courtroom in Calgary, was that right?

It'll be interesting to see the evidence uncovered during the cross examination that reveal Northwynd's intend to liquidate the resort instead of renovate it.

I received an email from Docken Klym this afternoon. Anyone else?

Wow! Is all I can say!

Always interesting to see how discovery brings out the truth.

 

[Meow]

Did anybody receive their audited statements yet? Looks like another breach of the contract. Northwynd just cannot get this right, they feel that they are above the law and they can do as they like. I took a large package to Service Alberta and they went through everything with me. They went over the cancellation form with me and said, this is not a cancellation seeing Northmont does not have to release you until they feel they want to and you are responsible for all the costs according to the contract. They do not have a problem with you as long as you keep paying them. Two hours later after they met with me they phoned and said they moved all the documents to the RCMP department which is run buy Frank Smart. A few days later i got a call from a agent from Service Alberta and she said that no one can change my agreement that we signed when we bought 12 years ago. Supreme court or no supreme court they cannot change your original agreement. Save your money Northwynd your not going to win this one. What we have to do is close our wallets and give them nothing.

Are either the RCMP or Service Alberta intending to take some action against Northwynd and its principals or is this case closed as far as they are concerned?

 

[jekebc]

Disgusted by Bureaucrats - it's time to hit the press

Just received a call back from the RCMP section that was involved in the review of the Northwynd - Sunchaser Villas timeshare. They have decided there is not a sufficient basis for them to pursue an investigation.

I am very upset at the absolute lack of support from the different regulatory agencies that are supposedly there for consumer protection. Every agency I have talked to have taken the position that it is somebody else's problem or should be left to the lawyers. I've even talked to the MP for the area and zero by way of response.

So what are we getting for all the taxes we are paying. A group of 14,500 timeshare owners can be taken for almost 1/4 billion dollars and every bureaucrat can sit back, take his pay, and say 'Not my Problem'

I think it is time to let the media know that any timeshare owner in Canada can be a victim of these unscrupulous companies and no bureaucrat or politician appears to give a da!!

 

[Takkyu]

I received an email from Docken Klym this afternoon. Anyone else?

Wow! Is all I can say!

Always interesting to see how discovery brings out the truth.

May you provide us with a copy of that email?

 

[tdjanzen]

May you provide us with a copy of that email?

Sorry, it is my understanding that documents from the lawyers are not to be shared. IN fact, I'm pretty sure that Docken Klym clients signed that they wouldn't disclose contents of their emails.

I suspect that each of the legal entities will release the information to their clients.

I guess I probably shouldn't have referred to it but also assumed that many here would be Docken Klym clients or have other legal representation.

 

[Takkyu]

Fair enough, I've been trying to get on with Docken but haven't had much luck with communication from them.

 

[Meow]

Sorry, it is my understanding that documents from the lawyers are not to be shared. IN fact, I'm pretty sure that Docken Klym clients signed that they wouldn't disclose contents of their emails.

I suspect that each of the legal entities will release the information to their clients.

I guess I probably shouldn't have referred to it but also assumed that many here would be Docken Klym clients or have other legal representation.

Anyone else with Cox, Taylor? I haven't heard from them about all this yet.

 

[ready2go2]

Did anyone answer if a US owner can join the class action suit. I see the links to form 67 and are also trying to get up to speed here. First day as this was given to me as a gift from my father

 

[ferrier1]

ferrier2

Don't think we in Canada can give you an answer as we don't which of the firms is taking clients. Go to the following threads and e-mail the Lawyers and ask. Their Email address are on the pages
Item 178 Geldert Law Vancouver
Item 222 Cox Taylor Victoria
Item 271 Docken Klym Calgary

 

[mmchili]

Regarding unpaid maintenance fees and use of the timeshare week, I agree that the week should be forfeited; it is not fair to those who have paid their maintenance fees. I and many other owners have paid an additional amount that was included in our 2013 maintenance fee to cover for those who have not paid their 2012 maintenance fee. I estimate this amount to be approximately $70. The issues of the maintenance fee and the renovation fee are two separate issues. The agreement requires owners to pay the maintenance fees and I believe that it is not right to exit the agreement by not paying the maintenance fee. I agree about the issue of the renovation fee which is before the Supreme Court and I expect the Court to make a decision in that regard.
Yes, we are tied into a 40 year agreement unless we assign/sell it to someone else as allowed for in the agreement. However, the problem is the requirement by Northmont/Northwynd (lessor) of the assignor/seller to complete a waiver to the effect that if the maintenance fee is not paid by the assignee, the assignor is on the hook. This is not right and I believe is an unreasonable requirement by the lessor. This is equivalent to being held under ransom.
I find it is unfortunate that our provincial government will not take a proactive approach regarding timeshare properties. However, all too often the government will take the matter seriously and bring in legislation after a court makes a decision or several courts make a decision on a matter or matters. In this case, it appears that we will have to work on the government with the Court decision in hand.

 

[DarkLord]

The agreement requires owners to pay the maintenance fees and I believe that it is not right to exit the agreement by not paying the maintenance fee.

Beg to differ. If an owner doesn't pay the MF, the resort, aka Northwynd, could reposses the lease and resale it.

Say I pay $20K for the lease, fail to pay the MF, I lose $20K. Northwynd will resale the lease for another $20K. Of course, Northwynd will pay the MF I didn't pay and I don't see how this is unfair to other owners.

The gist of it is when I buy the lease for, say, $20K, I buy the right to use the property that is OWNED by Northwynd. I forfeit the right when I don't pay the MF.

I simply cannot agree that when I buy the lease for $20K, I also buy a liability of 40 years of MF at the same time.

 

[Quadmaniac]

Beg to differ. If an owner doesn't pay the MF, the resort, aka Northwynd, could reposses the lease and resale it.

They could but they are not obligated and they can come after you for it

Say I pay $20K for the lease, fail to pay the MF, I lose $20K. Northwynd will resale the lease for another $20K. Of course, Northwynd will pay the MF I didn't pay and I don't see how this is unfair to other owners.

Actually it is taken as a loss of revenue and all the expenses are redistributed to the other owners. The resort does not pay the MF as they don't own it, they are the managers of the resort only.

The gist of it is when I buy the lease for, say, $20K, I buy the right to use the property that is OWNED by Northwynd. I forfeit the right when I don't pay the MF.

I simply cannot agree that when I buy the lease for $20K, I also buy a liability of 40 years of MF at the same time.

Actually you do, as that is what you agreed to in the contract you signed to purchase.

 

[DarkLord]

I think it is time to let the media know that any timeshare owner in Canada can be a victim of these unscrupulous companies and no bureaucrat or politician appears to give a da!!

This was disappointing but I'm not at all suprised. The threshold for prosecuting white collar crimes is still the strigent reasonable doubt. And in white collar crimes unless you can prove intend which is often very hard to do, it is very hard to take pre-emptive action to prevent fraud from being committed.

Short of Northwynd takes the $42M and disappears in the middle of the night, this won't be regarded as fraud. It might be at best treated as failure to perfom theif fudiciary which isn't criminal.

 

[heydynagirl]

Did anyone answer if a US owner can join the class action suit. I see the links to form 67 and are also trying to get up to speed here. First day as this was given to me as a gift from my father

I now live in the US, I completed my affidavit, form 67 and letter to Northwynd and took them to my bank here. They notarized them at no charge. I couriered form 67 to the court but mailed the letters to Northwynd, management group etc with tracking.

 

[Meow]

Regarding unpaid maintenance fees and use of the timeshare week, I agree that the week should be forfeited; it is not fair to those who have paid their maintenance fees. I and many other owners have paid an additional amount that was included in our 2013 maintenance fee to cover for those who have not paid their 2012 maintenance fee. I estimate this amount to be approximately $70. The issues of the maintenance fee and the renovation fee are two separate issues. The agreement requires owners to pay the maintenance fees and I believe that it is not right to exit the agreement by not paying the maintenance fee. I agree about the issue of the renovation fee which is before the Supreme Court and I expect the Court to make a decision in that regard.
Yes, we are tied into a 40 year agreement unless we assign/sell it to someone else as allowed for in the agreement. However, the problem is the requirement by Northmont/Northwynd (lessor) of the assignor/seller to complete a waiver to the effect that if the maintenance fee is not paid by the assignee, the assignor is on the hook. This is not right and I believe is an unreasonable requirement by the lessor. This is equivalent to being held under ransom.
I find it is unfortunate that our provincial government will not take a proactive approach regarding timeshare properties. However, all too often the government will take the matter seriously and bring in legislation after a court makes a decision or several courts make a decision on a matter or matters. In this case, it appears that we will have to work on the government with the Court decision in hand.

There is no provision in our leases that a lessee should be responsible for unpaid maintenance fees or for the cost of the defaults of other lessees. I believe a case could be made that Northwynd was in violation of our lease terms when they passed on the maintenance fees of defaulting lessees to the lessees that were in good standing. The lease is clear that the Developer is responsible for maintenance fees of all unsold timeshare lease units. Presumably the defaulted lease units revert back to the successor of the Developer (Northwynd) as unsold timeshare lease units. As lessees we do not have any ownership rights or obligations in respect of the resort property.

 

[aden2]

Did anyone answer if a US owner can join the class action suit. I see the links to form 67 and are also trying to get up to speed here. First day as this was given to me as a gift from my father

Our good friends from U.S. bought into a Canadian Timeshare - Fairmont, so yes certainly you join any class action suit.

Regards ,

 

[aden2]

Contents of letter sent to an offical with the Alberta Government
"I had contacted Alberta Government Service and filed a complaint under the Fair Trading Act, but was told they couldn't help me.

In 2009 and again in 2010, I was contacted by phone here in Edmonton regarding a "Legacy for Life" program and and met the representatives from Fairmont Vacation Villas. I paid $7269.50 and my daughter paid $8347.50. The salesperson showed slides of Fairmont Villas, and how succesful the timeshare operations were, and were told in a short time the values would double. It was strongly stated that his was once in a life time offer and would not be repeated. I was not fully convinced, so purchased even year one year and the odd year the next. Even though I bought into their sales pitched I felt we were being pressured into it.

"On March 30, 2009, Fairmont sought Companies’ Creditors Arrangements Act ("CCAA") protection as it was in default of its obligations to mortgage bondholders who had invested funds in FRPL Finance Ltd. ("FRPL").

The Alberta Court of Queen’s Bench granted final approval of Northwynd’s acquisition of Fairmont’s assets on June 22, 2010 and issued an order vesting title to Fairmont’s assets with Northwynd LP, a limited partnership wholly owned by the Trust. The acquisition was completed on July 7, 2010 at which time certain acquired assets, including the property management contract and developer rights for the Resort and ownership of RVM, were transferred to Northmont LP, a limited partnership also wholly owned by the Trust." While all of this was taking place salespersons were applying pressure fraudlently taking our money by telling lies, and misleading statements of Fairmont Villas.

It was not until May, 2013 that I found out that Fairmont Vacation had been taken over by Northwynd Resort Properties (5799 - 3rd street SE Calgary). This was only because I went to their website. We were not given yearly financial statements or even made aware of any financial problems.

During the years 2009 and 2010 this Calgary base company "Northwynd" scammed approximately $9-10 million because of a so called program called "Legacy for Life". Numerious complaints have been filed but it had fallen on deaf years.

Any timeshare owner in Canada can be a victim of this timeshare company and I cannot get any response to my complaints!

A Calgary charter acoountant company "Collin Barrow" release a report this year (2013) that too many documents were missing to have an audite on the years 2009 and 2010. These and other documents can be found on the website Sunchasers Villas: click on owners and go to financial reports

 

[Albertagal]

form 67 still necessary?

We can't sign up with Docken Klym ( no longer accepting new people) and Kellie Hamilton's goals for her class action suit are not what we want. We haven't completed a form 67 - too complicated and at this point aren't sure if this is necessary. As we are biennial TS holders we haven't actually been invoiced yet and so refuse to either pay for something we haven't been invoiced yet nor be forced to make a decision. If we don't have legal representation nor have completed a form 67 - what happens when a decision is made - are we covered or SOL? anyone have any ideas? Doesn't any decision made by the courts apply to all owners regardless of representation?

 

[aden2]

Albertagal form 67

1. I suggest that you email: Cox taylor email reception@coxtaylor.ca
2. Geldert Law email] [email]info@geldertlaw.com

 

[Albertagal]

thanks Aden2 - I am hesitant to just send an email without knowing what their particular course of action is or just how much it may cost and there doesn't seem to be websites like Kim Hamilton or Docken Klym.... We saw an email way back on Page 8 (I think) - saying that signing up with Geldert would cost $1,000 - WAY out of our price range. Has anyone out there signed up with either of these 2?
thanks