KGB_527
newbie
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- May 1, 2013
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[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!
- Thread starter htusa2002
- Start date
Booked Timeshare
Just a quick question to those who might have an answer for me, although I already have an idea what the answer might be. I have a reservation booked for Fairmont starting December 19th, 2013. The judge ruled in their favour but I am already on board for an appeal, can I still use my week there? Or will the force me to choose to stay or go and refuse me my reservation if I don't?
Just a quick question to those who might have an answer for me, although I already have an idea what the answer might be. I have a reservation booked for Fairmont starting December 19th, 2013. The judge ruled in their favour but I am already on board for an appeal, can I still use my week there? Or will the force me to choose to stay or go and refuse me my reservation if I don't?
now what
i just got my NEW invoice for the usless timeshare i bought, now i have intrest and am required to pay 2014 maintenace fees,,,, i was going off the advice of a friend and now have found this website,, can anyone tell me what lawyer everyone is using so i can get out of this once and for all?
i just got my NEW invoice for the usless timeshare i bought, now i have intrest and am required to pay 2014 maintenace fees,,,, i was going off the advice of a friend and now have found this website,, can anyone tell me what lawyer everyone is using so i can get out of this once and for all?
legal firms
Geldert law and cox taylor are two of the law firms involved ... both are out of BC.
the contact info for geldert is ...
info@geldertlaw.com
Michael Geldert, B.A, LL.B, LL.L, Esq.
T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw.com
2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4
Michael is continuing to take clients through December. There is a retainer fee involved to join the group of owners involved in the appeal - hundreds have signed on.
Geldert law and cox taylor are two of the law firms involved ... both are out of BC.
the contact info for geldert is ...
info@geldertlaw.com
Michael Geldert, B.A, LL.B, LL.L, Esq.
T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw.com
2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4
Michael is continuing to take clients through December. There is a retainer fee involved to join the group of owners involved in the appeal - hundreds have signed on.
Pursuing Truth
newbie
- Joined
- Dec 16, 2013
- Messages
- 1
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lots of questions and thoughts
Newbie here…I am so thankful to find this forum and grateful that you all have been willing to share your opinions and insights.
I am as confused as anyone that a situation like this could continue in North America and need a few questions answered by whomever is willing.
1. Can someone explain to us why the court case was stated as Philip K Matkin Professional Corp. v. Northmont Resort Properties Ltd. ? We thought they were working together.
2. The information was available that Northmont Resort Properties had been able to obtain Fairmont Resort Properties free and clear from any of Fairmont Resort Properties’ liabilities. Why did none of the lawyers realize that nothing relating to Fairmont Resort Properties, eg. multiple breach of contracts would be admissible in court? Some have suggested filing further action with Geldert Law. He was one of the original lawyers. If he didn’t do anything then, how or why could he now? Just asking...willing to go with him if someone can tell us what the plans are.
3. Why if we “surrender” our lease do we surrender it to Philip K. Matkin Professional Corp. and yet to “cancel” it is to Northmont Resort Properties?
4. Why if we stay are the renovation fees paid to Norton Rose Fulbright Canada LLP, one of the largest law firms in North America?
5. If we do pay them anything, where are the guarantees that any of the money will be used for the resort?
6. We were lied to and sucked in by an amazing sales pitch, not once but twice. Now we look at the “Cancellation Agreement” and even if we decide to go that route, how can we be sure that it is legal and they won’t come back to try and extort more money?
7. Nothing that we have ever signed was called a “Vacation Interval Agreement”…yet if we cancel that is what we are cancelling in the “Northmont Resort Properties Cancellation Agreement”????
8. In the “Cancellation Agreement”, #1 says it is “subject to payment of all amounts owing to Northmont under this Agreement and the Additional Agreements”…anyone know what the additional agreements are??
Aside from all the questions, I do have a few other suggestions/comments:
I believe we along with thousands of others have been duped into a highly professional, very intentional, fraudulent scam that continues to be perpetuated by the “current” management, who for some reason are protected by the courts and are not being held accountable for any previous liabilities…and yet, we the timeshare lessees can be held accountable for the mismanagement of Fairmont Resort Properties (and all its other aliases, associate companies and underlings) and the liabilities of the “current management”. Who in all this fiasco is holding them accountable…definitely not the justice system!
“In good faith” we listened to the trained sales scammers who twisted the truth and left out a lot of key information and were sucked in. Our trust was violated. We were told it was to be an investment for the future, a legacy for life…it has instead become a nightmare. Unfortunately, this management group, investment group or whomever is ultimately behind all this, seems to have been allowed to leave their malicious footprint all over the globe. Their track record and the debris of shattered timeshare lessees is far reaching. But to give them credit, they are smart and they know how to manipulate the law, change their company names and disguise their identity, and write twisted contracts so they can weasel their way out of being held accountable. We, and it sounds like many others, were gullible because we accepted their contracts in good faith not realizing that the contracts were open to interpretation, their interpretation, and could be changed at their whim while holding us responsible for their greed, deceitfulness and massive mismanagement of funds.
One way or the other we have all had our trust violated and we have all lost a lot of money. But, we still have a voice. We all need to be willing to use all avenues of social media at our disposal to share our experience. This has been an awful experience for all of us. We have watched a beautiful dream get sucked down into the sewer. But, let’s do what we can to prevent others from taking the same path. We were naive, but let’s use our experience for good in the lives of others and encourage them to:
1. Never sign any contract unless they are allowed to take it home to read and evaluate for at least 24 hours. Any contract where they are being pressured to sign on the spot, is not a good contract.
2. Never sign a contract that allows the other party the right to change it for their benefit whenever they want.
3. Never sign a contract that is written in such a way that it is “open to interpretation”.
4. If something seems like a “sweet deal” it probably isn’t. The only people that really care about the happiness of your family is you.
5. If those that are selling the contract are trying to isolate you from others that are also considering buying, then red flags of warning should go up.
6. If you are receiving a sales pitch in a dimly lit room, do not stay!
I wish I could meet each and every one of you timeshare lessees who are honest people just wanting to have a nice vacation with your family and friends. They have stolen our money, but I am grateful that they can’t steal our memories or the memories of our children.
Hoping to receive some responses to my questions! Thanks!
Newbie here…I am so thankful to find this forum and grateful that you all have been willing to share your opinions and insights.
I am as confused as anyone that a situation like this could continue in North America and need a few questions answered by whomever is willing.
1. Can someone explain to us why the court case was stated as Philip K Matkin Professional Corp. v. Northmont Resort Properties Ltd. ? We thought they were working together.
2. The information was available that Northmont Resort Properties had been able to obtain Fairmont Resort Properties free and clear from any of Fairmont Resort Properties’ liabilities. Why did none of the lawyers realize that nothing relating to Fairmont Resort Properties, eg. multiple breach of contracts would be admissible in court? Some have suggested filing further action with Geldert Law. He was one of the original lawyers. If he didn’t do anything then, how or why could he now? Just asking...willing to go with him if someone can tell us what the plans are.
3. Why if we “surrender” our lease do we surrender it to Philip K. Matkin Professional Corp. and yet to “cancel” it is to Northmont Resort Properties?
4. Why if we stay are the renovation fees paid to Norton Rose Fulbright Canada LLP, one of the largest law firms in North America?
5. If we do pay them anything, where are the guarantees that any of the money will be used for the resort?
6. We were lied to and sucked in by an amazing sales pitch, not once but twice. Now we look at the “Cancellation Agreement” and even if we decide to go that route, how can we be sure that it is legal and they won’t come back to try and extort more money?
7. Nothing that we have ever signed was called a “Vacation Interval Agreement”…yet if we cancel that is what we are cancelling in the “Northmont Resort Properties Cancellation Agreement”????
8. In the “Cancellation Agreement”, #1 says it is “subject to payment of all amounts owing to Northmont under this Agreement and the Additional Agreements”…anyone know what the additional agreements are??
Aside from all the questions, I do have a few other suggestions/comments:
I believe we along with thousands of others have been duped into a highly professional, very intentional, fraudulent scam that continues to be perpetuated by the “current” management, who for some reason are protected by the courts and are not being held accountable for any previous liabilities…and yet, we the timeshare lessees can be held accountable for the mismanagement of Fairmont Resort Properties (and all its other aliases, associate companies and underlings) and the liabilities of the “current management”. Who in all this fiasco is holding them accountable…definitely not the justice system!
“In good faith” we listened to the trained sales scammers who twisted the truth and left out a lot of key information and were sucked in. Our trust was violated. We were told it was to be an investment for the future, a legacy for life…it has instead become a nightmare. Unfortunately, this management group, investment group or whomever is ultimately behind all this, seems to have been allowed to leave their malicious footprint all over the globe. Their track record and the debris of shattered timeshare lessees is far reaching. But to give them credit, they are smart and they know how to manipulate the law, change their company names and disguise their identity, and write twisted contracts so they can weasel their way out of being held accountable. We, and it sounds like many others, were gullible because we accepted their contracts in good faith not realizing that the contracts were open to interpretation, their interpretation, and could be changed at their whim while holding us responsible for their greed, deceitfulness and massive mismanagement of funds.
One way or the other we have all had our trust violated and we have all lost a lot of money. But, we still have a voice. We all need to be willing to use all avenues of social media at our disposal to share our experience. This has been an awful experience for all of us. We have watched a beautiful dream get sucked down into the sewer. But, let’s do what we can to prevent others from taking the same path. We were naive, but let’s use our experience for good in the lives of others and encourage them to:
1. Never sign any contract unless they are allowed to take it home to read and evaluate for at least 24 hours. Any contract where they are being pressured to sign on the spot, is not a good contract.
2. Never sign a contract that allows the other party the right to change it for their benefit whenever they want.
3. Never sign a contract that is written in such a way that it is “open to interpretation”.
4. If something seems like a “sweet deal” it probably isn’t. The only people that really care about the happiness of your family is you.
5. If those that are selling the contract are trying to isolate you from others that are also considering buying, then red flags of warning should go up.
6. If you are receiving a sales pitch in a dimly lit room, do not stay!
I wish I could meet each and every one of you timeshare lessees who are honest people just wanting to have a nice vacation with your family and friends. They have stolen our money, but I am grateful that they can’t steal our memories or the memories of our children.
Hoping to receive some responses to my questions! Thanks!
A client of one of the legal firms
Nice to see new members posting.
Is it legal to get your invoices by email? For the last 20 years I used to get in through Canada Poat delivered in January, for payment by Jan 31. Guessing that this year none will be sent by mail - an effort to save postage. Comments!
Nice to see new members posting.
Is it legal to get your invoices by email? For the last 20 years I used to get in through Canada Poat delivered in January, for payment by Jan 31. Guessing that this year none will be sent by mail - an effort to save postage. Comments!
I got my latest statement by Canada Post. I think delivery by email is legal, but since you are a client of one of the lawyers, you could confirm that with an email to the lawyer.
lots of questions and thoughts
Pursuing truth said: "Newbie here…I am so thankful to find this forum and grateful that you all have been willing to share your opinions and insights.
I am as confused as anyone that a situation like this could continue in North America and need a few questions answered by whomever is willing. "
I can't answer all your questions. I hope this will help. You don't seem to be signed on with one of the lawyers, Geldert or Cox. You should, and there are a number of reasons. Firstly, the only way we are going to obtain justice is through the courts. The more that sign on the lower the cost per individual. So far the cost has been incredibly low, but of course we're not done yet. Secondly, any questions you have will be readily answered by the lawyer. I have found the lawyer very accessible by phone or email. Thirdly, unless you pay one of the extortion fees, your account will be deemed to be in default by Northmont and subject to collection action. You will want to know what your legal rights and options are regarding collection action. Forthly, wherever the legal action takes us and whatever is legally ruled, you will want a lawyer representing your interests, or at least that you can consult for getting what you are entitled - discharge of further liability for example. Fifthly, the lawyer will email you regular (weekly) reports about what is being done and why.
Those that think they can get a free ride by letting others carry the ball are fooling themselves. Each owner needs legal representation when dealing with this gang.
Your questions:
#1. Philip Malkin holds beneficial title in trust for the time share owners and Northmont. In essence, Malkin represents 14,500 time share owners.
#2. Remember this is a public forum accessible by one and all. Reasons for taking a certain course of action are not going to be made public. As a client of a law firm, this information will be available to you. The objectives of the Special Case hearing were narrow - are they entitled to charge a renovation fee, a cancellation fee, and downsize the resort. The judge ruled in their favour on the first two, and I think the third point is outstanding. The numerous misrepresentations and breaches of contract were not admissible for the Special Case. That will not be the case if we sue them. I agree with you that it is strange timeshare owners rights under the original lease agreement were extinguished by the bankruptcy, but, according to Northmont, not the obligation to send them money for restoring a failing resort. Seems like they want their cake and eat it too. Certainly a point that can be contested.
#3. I don't know.
#4. I think renovation fees sent to Norton Rose in trust, pending the outcome of the legal challenge.
#5. No guarantees whatsoever, as history has proven. Its like putting water into a very leaky bucket.
#6. That's why you need a lawyer looking after your interests.
#7. ??
#8. No, I'm not sure, unless they mean the cancellation agreement.
In summary, there are numerous points on which this unscrupulous company can be defeated, assuming there is justice in the justice system. But it will require timeshare owners banding together in the common pursuit of justice.
Hope this helps.
Pursuing truth said: "Newbie here…I am so thankful to find this forum and grateful that you all have been willing to share your opinions and insights.
I am as confused as anyone that a situation like this could continue in North America and need a few questions answered by whomever is willing. "
I can't answer all your questions. I hope this will help. You don't seem to be signed on with one of the lawyers, Geldert or Cox. You should, and there are a number of reasons. Firstly, the only way we are going to obtain justice is through the courts. The more that sign on the lower the cost per individual. So far the cost has been incredibly low, but of course we're not done yet. Secondly, any questions you have will be readily answered by the lawyer. I have found the lawyer very accessible by phone or email. Thirdly, unless you pay one of the extortion fees, your account will be deemed to be in default by Northmont and subject to collection action. You will want to know what your legal rights and options are regarding collection action. Forthly, wherever the legal action takes us and whatever is legally ruled, you will want a lawyer representing your interests, or at least that you can consult for getting what you are entitled - discharge of further liability for example. Fifthly, the lawyer will email you regular (weekly) reports about what is being done and why.
Those that think they can get a free ride by letting others carry the ball are fooling themselves. Each owner needs legal representation when dealing with this gang.
Your questions:
#1. Philip Malkin holds beneficial title in trust for the time share owners and Northmont. In essence, Malkin represents 14,500 time share owners.
#2. Remember this is a public forum accessible by one and all. Reasons for taking a certain course of action are not going to be made public. As a client of a law firm, this information will be available to you. The objectives of the Special Case hearing were narrow - are they entitled to charge a renovation fee, a cancellation fee, and downsize the resort. The judge ruled in their favour on the first two, and I think the third point is outstanding. The numerous misrepresentations and breaches of contract were not admissible for the Special Case. That will not be the case if we sue them. I agree with you that it is strange timeshare owners rights under the original lease agreement were extinguished by the bankruptcy, but, according to Northmont, not the obligation to send them money for restoring a failing resort. Seems like they want their cake and eat it too. Certainly a point that can be contested.
#3. I don't know.
#4. I think renovation fees sent to Norton Rose in trust, pending the outcome of the legal challenge.
#5. No guarantees whatsoever, as history has proven. Its like putting water into a very leaky bucket.
#6. That's why you need a lawyer looking after your interests.
#7. ??
#8. No, I'm not sure, unless they mean the cancellation agreement.
In summary, there are numerous points on which this unscrupulous company can be defeated, assuming there is justice in the justice system. But it will require timeshare owners banding together in the common pursuit of justice.
Hope this helps.
TimesharesBlow
newbie
New here
Hi,
I am new to the forum and I own a couple of units in gold time, and I did not pay my 2013 maintenance fees or any fees when I got the first notice of renovation fees early this year. I was following the court case in the background and was hoping this would take care of itself, as I am infuriated on the principle of what is going on. My timeshares are only leases.
If I want to fight this, which lawyer is the one people are going with? Do we really have a chance? I notice that they did increase the renovation project fees from the initial request(if you compare the April 2013 correspondence you will see this). Of course, they are also wanting big time interest on my unpaid maintenance fees.
Thanks.
Hi,
I am new to the forum and I own a couple of units in gold time, and I did not pay my 2013 maintenance fees or any fees when I got the first notice of renovation fees early this year. I was following the court case in the background and was hoping this would take care of itself, as I am infuriated on the principle of what is going on. My timeshares are only leases.
If I want to fight this, which lawyer is the one people are going with? Do we really have a chance? I notice that they did increase the renovation project fees from the initial request(if you compare the April 2013 correspondence you will see this). Of course, they are also wanting big time interest on my unpaid maintenance fees.
Thanks.
Spark1
newbie
We have hired Michael Geldert. Michael was the first lawyer to appeal and than Cox Taylor lawyer firm has joined in with Michael Geldert law . They worked closely with Cox Taylor Throughout the legal proceedings to date. Phone Michael at 7783307775 and fax 7783307774.Mike is easy to talk to and he will explain to you what is happening. Hundreds have signed on at 150.00 retainer and they will take on new clients throughout Dec.
Confidential info
i received a private message from an owner looking for information. I copied and posted his question and my response below. Since we don't know who is legitimate I would advise everyone who has an attorney not to give out any confidential information.
QUOTE=psvenson]I am also a TS owner and would like to get out. Any info you can provide would be helpful! ty![/QUOTE]
I would contact one of the lawyers that is working the case. Here is the contact information for the one I'm using. Since you sent this private I'm wondering if you are trying to get some confidential information and may be working for the other side. Lets hope not.
T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw..com
2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4
i received a private message from an owner looking for information. I copied and posted his question and my response below. Since we don't know who is legitimate I would advise everyone who has an attorney not to give out any confidential information.
QUOTE=psvenson]I am also a TS owner and would like to get out. Any info you can provide would be helpful! ty![/QUOTE]
I would contact one of the lawyers that is working the case. Here is the contact information for the one I'm using. Since you sent this private I'm wondering if you are trying to get some confidential information and may be working for the other side. Lets hope not.
T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw..com
2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4
Undecided62
newbie
Can't decide
We can't decide what to do. My sister and I don't want to get sued in court for failing to pay. Kirk Wankel had photos of himself on photo bucket. But he's now made them private. Proof that a Northwynd rep is following this thread. Someone gave him a heads-up since last night. Perhaps they're a little nervous? When is the other shoe going to drop?
We can't decide what to do. My sister and I don't want to get sued in court for failing to pay. Kirk Wankel had photos of himself on photo bucket. But he's now made them private. Proof that a Northwynd rep is following this thread. Someone gave him a heads-up since last night. Perhaps they're a little nervous? When is the other shoe going to drop?
Last edited:
As the name says, I am truly late to the game. Perhaps a better name would be "UnderaRock" 'cause I'm just finding out about all this now. Last Monday to be precise, after opening some two week old mail. That's when I became aware of this crazy scam / fraud being orchestrated by Northwynd. UNBELIEVABLE!!!
Some Googling brought me quickly to this site I never even new existed! Great site, but a horrendous amount of information to wade through. It's absolutely unconscionable what's going on here . . . .a very sad situation for so many people on fixed incomes. I've spent hours digging through the now-44 pages and get the basic sense of where we are now.
I WANT OUT! BUT NOT ON NORTHWYND'S TERMS!!. . . .Having a gun held to my head is one thing, but I'll damned if they'll hold two! (Ie. Reno fee or Cancel fee . . .you get your choice of "bullets")
Okay. . .enough of the rhetoric. What's the best path out with the least cost and risk?
- are any of these lawyered-up groups likely to succeed in a class action for breach of contract or some such suit?
- if so, which is the one with the strategy and critical mass needed to prevail?
- has anyone considered a forensic audit, or the potential for criminal charges?
We can wait for Northwynd to implode, and it just might, but will that absolve us of the accumulating charges? Something tells me there will be another entity in the wings (Northwynd-2?) waiting to pick up the pieces and we'll be right back to where we are now, with the same 40-year lease obligation and an "agreement" that can be rewritten on a whim.
Signed . . . .Late2Game (a.k.a. HoppinMad)
Some Googling brought me quickly to this site I never even new existed! Great site, but a horrendous amount of information to wade through. It's absolutely unconscionable what's going on here . . . .a very sad situation for so many people on fixed incomes. I've spent hours digging through the now-44 pages and get the basic sense of where we are now.
I WANT OUT! BUT NOT ON NORTHWYND'S TERMS!!. . . .Having a gun held to my head is one thing, but I'll damned if they'll hold two! (Ie. Reno fee or Cancel fee . . .you get your choice of "bullets")
Okay. . .enough of the rhetoric. What's the best path out with the least cost and risk?
- are any of these lawyered-up groups likely to succeed in a class action for breach of contract or some such suit?
- if so, which is the one with the strategy and critical mass needed to prevail?
- has anyone considered a forensic audit, or the potential for criminal charges?
We can wait for Northwynd to implode, and it just might, but will that absolve us of the accumulating charges? Something tells me there will be another entity in the wings (Northwynd-2?) waiting to pick up the pieces and we'll be right back to where we are now, with the same 40-year lease obligation and an "agreement" that can be rewritten on a whim.
Signed . . . .Late2Game (a.k.a. HoppinMad)
Late2Game said: "Okay. . .enough of the rhetoric. What's the best path out with the least cost and risk?
- are any of these lawyered-up groups likely to succeed in a class action for breach of contract or some such suit?
- if so, which is the one with the strategy and critical mass needed to prevail?
- has anyone considered a forensic audit, or the potential for criminal charges?
Signed . . . .Late2Game (a.k.a. HoppinMad)[/QUOTE]
If you read the more recent posts you will have a good idea of that is going on and why. Two law firms are handling the case on behalf of the timeshare owners - Geldert Law of Vancouver and Cox Taylor of Victoria. Signing on with one essentially gets you both because they are working together. Hundreds have signed onto the joint action and the numbers are increasing. I highly recommend you join the group. So far the cost has been very low, but of course we're not done yet. You can find Michael Geldert's contact information in previous posts.
You ask if we can win. We certainly think we can, but there are no guarantees when you hit the courts. We lost the first round which was a Special Case hearing with very narrow parameters in which we were not allowed to enter numerous examples of breaches of contract and misrepresentations. The Special Case decision is being appealed, which to my understanding, is a necessary step in the process. Once we are allowed to enter breaches of contract and misrepresentations, the odds in our favour rise considerably.
The only way we're going to get justice is through the courts. A large group of us timeshare owners believe this unscrupulous timeshare company should not be allowed to extort money from innocent timeshare owners who, in good faith, thought they were simply buying a vacation experience as tenants/lessees. Restoring the resort for the benefit of the real owners was not part of the deal. As I said earlier, the cost per owner has been very low because of the large number of timeshare owners signed on. A small price to pay for the opportunity to seek justice.
- are any of these lawyered-up groups likely to succeed in a class action for breach of contract or some such suit?
- if so, which is the one with the strategy and critical mass needed to prevail?
- has anyone considered a forensic audit, or the potential for criminal charges?
Signed . . . .Late2Game (a.k.a. HoppinMad)[/QUOTE]
If you read the more recent posts you will have a good idea of that is going on and why. Two law firms are handling the case on behalf of the timeshare owners - Geldert Law of Vancouver and Cox Taylor of Victoria. Signing on with one essentially gets you both because they are working together. Hundreds have signed onto the joint action and the numbers are increasing. I highly recommend you join the group. So far the cost has been very low, but of course we're not done yet. You can find Michael Geldert's contact information in previous posts.
You ask if we can win. We certainly think we can, but there are no guarantees when you hit the courts. We lost the first round which was a Special Case hearing with very narrow parameters in which we were not allowed to enter numerous examples of breaches of contract and misrepresentations. The Special Case decision is being appealed, which to my understanding, is a necessary step in the process. Once we are allowed to enter breaches of contract and misrepresentations, the odds in our favour rise considerably.
The only way we're going to get justice is through the courts. A large group of us timeshare owners believe this unscrupulous timeshare company should not be allowed to extort money from innocent timeshare owners who, in good faith, thought they were simply buying a vacation experience as tenants/lessees. Restoring the resort for the benefit of the real owners was not part of the deal. As I said earlier, the cost per owner has been very low because of the large number of timeshare owners signed on. A small price to pay for the opportunity to seek justice.
there may be time
We are with Cox/Taylor, and as mentioned before they are working with M. Geldert - they are still taking people in December but not sure after that?
The appeal had to be in by December 15th and they have a few hundred people that are appealing.
Both Attorneys are very communicative and ready to fight - which suits us just fine!
Good luck with your decision
We are with Cox/Taylor, and as mentioned before they are working with M. Geldert - they are still taking people in December but not sure after that?
The appeal had to be in by December 15th and they have a few hundred people that are appealing.
Both Attorneys are very communicative and ready to fight - which suits us just fine!
Good luck with your decision
I would contact one of the lawyers that is working the case. Here is the contact information for the one I'm using. Since you sent this private I'm wondering if you are trying to get some confidential information and may be working for the other side. Lets hope not.
T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw..com
2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4[/QUOTE]
P/Svenson here. We are legit timeshare owners at Fairmont since 1999. We also own a timeshare in Okanagan that was purchased through Fairmont Vacations. Northmont says none of this impacts Okanagan but we don't want to to deal with Northmont ever again. Does anyone know if this would impact Okanagan in any way? ty!
P/Svenson here. We are legit timeshare owners at Fairmont since 1999. We also own a timeshare in Okanagan that was purchased through Fairmont Vacations. Northmont says none of this impacts Okanagan but we don't want to to deal with Northmont ever again. Does anyone know if this would impact Okanagan in any way? ty![/QUOTE]
The ruling by Justice Loo may have a major impact on time share owners in any resort, although it will take some time to filter down. For now, no immediate impact on Lake Okanogan. the best news is that the project is for sale, now at 10 .5 million dollars. If Northmont sells it you will be done with them and will have a new management company.
See......
http://www.specializedassets.com/properties/lake-okanagan-resort-price-reduced
Jiggs
newbie
Legacy for Life
What are the legal options for Legacy for Life owners? Can we opt for releasing our ownership with the Opt-Out form and pay the $4000.00 to get out of any further costs or assessments?
What are the legal options for Legacy for Life owners? Can we opt for releasing our ownership with the Opt-Out form and pay the $4000.00 to get out of any further costs or assessments?
Last edited:
Yes. The cancellation agreement is for your ownership, regardless of type.
Why are you asking?
Jiggs
newbie
Jiggs
I want to find out what I should do. If the cancellation of our timeshare ownership is available to Legacy for Life owners, that may be what we should do although I hate paying any assessment for this option. I don't know any other solution unless there is a class-action that I could join to find out what the Justice System can do for owners. Any suggestions?
Jiggs
I want to find out what I should do. If the cancellation of our timeshare ownership is available to Legacy for Life owners, that may be what we should do although I hate paying any assessment for this option. I don't know any other solution unless there is a class-action that I could join to find out what the Justice System can do for owners. Any suggestions?
Jiggs
Reading previous posts would pretty much bring you up to date. I really have nothing more to add to what has been said. Good luck in your decision.
Where is anonymous?
I have been researching what has been going on with Northwynd and the REIT in particular, leading up to, during and after the restructuring; and uncovered a lot of things. Anonymous wrote a piece some time back and I wasn't able to find it on a quick search; however he stated that a lot of information would be made available over the net that would reveal the deceit, deception and likely illegal activity. I have pieced together some and wonder if anonymous or someone else is 'feeding' me.
I have read a lot of what you all post, and with the exception of the superficial crap JustFacts throws out to scare those who are susceptible, I commend your determination and strength. Failure to provide audited financial statements in accord with the standards of timeline that is set forth constitutes a major breach of contract, and in accord with all Securities Commission's standards sends up a major "red flag". The auditors who finally produced statements wrote a disclaimer stating that for the last half of 2010 there was substantial missing data, and they could not rule out fraud, theft etc.
When the restructuring proposal was put in place and accepted by the first mortgage bond holders, Patrick Fitzsimonds (CEO) and Dale Kearns (CFO) were heralded as the management of savior proportions, and interestingly Ricardo John Cavalli was appointed as one of the trustees to NPREIT (virtually responsible for all transactions but focused on paying at least 90% of all revenue to the unit holders (securities swap from first mortgage bonds with a new bridging loan for operating cash and money to pay off the fees associated with bankruptcy protection).
Cavalli made hundreds of thousands in commissions for selling units from the trust, but illegally; and subsequently lost his licence permanently in a disciplinary decision made by the Mutual Fund Dealers Ass'n of Canada (endorsed fully by the Alberta Securities Commission with whom reports must be filed with respect to exempt securities dealings; although exemption status allows for much less disclosure to investors and always involves a much greater degree of risk). Cavalli ripped off vulnerable investors, including the elderly who invested insurance payments, life savings, RRSP's etc.
Wankel won't communicate with me directly, so he has his spokeswoman do so; and they have made it clear that they are not going to answer questions as to why Fitzsimonds bailed, wher and why Kearns disappeared, and the timing of Wankel's appointment as CFO. Wankel had been previously involved with Big Sky Investments, a company that went bankrupt after a lot of shady investments into defunct and non-producing oil well projects.
In any event the story just keeps on getting better and better, or perhaps more appropriate, more and more dirty. There was obvious illegal transactions going on with NPREIT and this was behind the missing data that led to the problems and delays with the audited financial statements. Even these, now that they are out there, can be very misleading. Accounting within the trust and what is sent to us with respect to TS accounting is two different things. Olympia trust senior management reported major investment losses into NPREIT and stated they had not received audited financial statements for over six years. They were suing specific individuals with Northwynd, but have since grown quiet; and I found out that some major assets of Olympia were sold to Computershare Canada less than a month ago. Computershare is perhaps the largest of the original first mortgage bond holders.
Tell JustFacts that once in a court of law at any level one is entitled to a defence, and the details of a prepared response; particularly with examination for discovery and the undertakings that compel the production of information is not one Northwynd would like to be involved with. More is to come, but in the interim where is Anonymous?
I have been researching what has been going on with Northwynd and the REIT in particular, leading up to, during and after the restructuring; and uncovered a lot of things. Anonymous wrote a piece some time back and I wasn't able to find it on a quick search; however he stated that a lot of information would be made available over the net that would reveal the deceit, deception and likely illegal activity. I have pieced together some and wonder if anonymous or someone else is 'feeding' me.
I have read a lot of what you all post, and with the exception of the superficial crap JustFacts throws out to scare those who are susceptible, I commend your determination and strength. Failure to provide audited financial statements in accord with the standards of timeline that is set forth constitutes a major breach of contract, and in accord with all Securities Commission's standards sends up a major "red flag". The auditors who finally produced statements wrote a disclaimer stating that for the last half of 2010 there was substantial missing data, and they could not rule out fraud, theft etc.
When the restructuring proposal was put in place and accepted by the first mortgage bond holders, Patrick Fitzsimonds (CEO) and Dale Kearns (CFO) were heralded as the management of savior proportions, and interestingly Ricardo John Cavalli was appointed as one of the trustees to NPREIT (virtually responsible for all transactions but focused on paying at least 90% of all revenue to the unit holders (securities swap from first mortgage bonds with a new bridging loan for operating cash and money to pay off the fees associated with bankruptcy protection).
Cavalli made hundreds of thousands in commissions for selling units from the trust, but illegally; and subsequently lost his licence permanently in a disciplinary decision made by the Mutual Fund Dealers Ass'n of Canada (endorsed fully by the Alberta Securities Commission with whom reports must be filed with respect to exempt securities dealings; although exemption status allows for much less disclosure to investors and always involves a much greater degree of risk). Cavalli ripped off vulnerable investors, including the elderly who invested insurance payments, life savings, RRSP's etc.
Wankel won't communicate with me directly, so he has his spokeswoman do so; and they have made it clear that they are not going to answer questions as to why Fitzsimonds bailed, wher and why Kearns disappeared, and the timing of Wankel's appointment as CFO. Wankel had been previously involved with Big Sky Investments, a company that went bankrupt after a lot of shady investments into defunct and non-producing oil well projects.
In any event the story just keeps on getting better and better, or perhaps more appropriate, more and more dirty. There was obvious illegal transactions going on with NPREIT and this was behind the missing data that led to the problems and delays with the audited financial statements. Even these, now that they are out there, can be very misleading. Accounting within the trust and what is sent to us with respect to TS accounting is two different things. Olympia trust senior management reported major investment losses into NPREIT and stated they had not received audited financial statements for over six years. They were suing specific individuals with Northwynd, but have since grown quiet; and I found out that some major assets of Olympia were sold to Computershare Canada less than a month ago. Computershare is perhaps the largest of the original first mortgage bond holders.
Tell JustFacts that once in a court of law at any level one is entitled to a defence, and the details of a prepared response; particularly with examination for discovery and the undertakings that compel the production of information is not one Northwynd would like to be involved with. More is to come, but in the interim where is Anonymous?
where is anonymous?
I remember that persons's comment too, because it sounded intriguing. I went looking this afternoon, right back to page 1 for their postings. All Anonymous' postings or imbedded references have been wiped clean. Maybe they've resurfaced under a new name?
I remember that persons's comment too, because it sounded intriguing. I went looking this afternoon, right back to page 1 for their postings. All Anonymous' postings or imbedded references have been wiped clean. Maybe they've resurfaced under a new name?
Alternate Exit
ClanMac. . .glad to see someone is doing some investigative spadework here!! From what you’ve uncovered, it sure sounds like there is more than enough grounds to pursue these bandits!
My question is this: why isn’t law enforcement involved? How can we get a formal investigation underway by the appropriate authorities? Surely this is why we have regulators and enforcement agencies, is it not?
What is legal council saying on this matter? It would appear timing is critical on this. . .the lease cancellation offer comes off the table mid-January as I understand it. So if anything is going to happen it needs to happen quickly, otherwise many leaseholders will be heading to the exits and pay the $4K ransom simply to put this nightmare behind them. . . for good!
ClanMac. . .glad to see someone is doing some investigative spadework here!! From what you’ve uncovered, it sure sounds like there is more than enough grounds to pursue these bandits!
My question is this: why isn’t law enforcement involved? How can we get a formal investigation underway by the appropriate authorities? Surely this is why we have regulators and enforcement agencies, is it not?
What is legal council saying on this matter? It would appear timing is critical on this. . .the lease cancellation offer comes off the table mid-January as I understand it. So if anything is going to happen it needs to happen quickly, otherwise many leaseholders will be heading to the exits and pay the $4K ransom simply to put this nightmare behind them. . . for good!