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

[DarkLord]

There is no jumbling of the two.

Reno funds should be used to pay for reno only. You kept saying Northwynd didn't exist until 2010 or so so you shouldn't be responsible for past deficit.

How about owners like me who bought in late or be fooled by you into buying well past 2010, why should those owners be responsible for past deficits steaming from a decade ago?

Kirk Wankel, a Chartered Accountant should know full well capital funds are not to be used for operating purposes. He deliberately circumvants that it's halarious that he's the one jumbling the two and you are telling people not to.

 

[gnorth16]

Mr/Mrs gnorth16. While we appreciate your interest in this subject even though you are not a timeshare owner of the resort, it is not helpful when you make incendiary statements not based on the available information.

If you had reviewed all of the information on the resort realignment, you would know the renovation fee included two components, the renovation fee itself, and our owners responsibility for past deficits. You would also know the renovation fees are being kept separate in a trust account managed by Norton Rose.

If you had read Mr. Wankel's affidavit in full, you would have seen the statements made are in reference to the renovation fees being used to pay for the renovation which was already started when the issue of freezing funds came up, as well as the need for the deficit fees to appropriately be applied to operations.

There is no jumbling of the two.

We would also point out the affidavit is from June of 2013. The other lawyers had the opportunity to cross examine it. If this was a legitimate legal issue, it would have been brought up in the special case.

It doesn't matter that I'm not an owner at Sunchaser. This case is precedent setting in Canada and speaks volumes of how a situation like this should or shouldn't be handled for any timeshare.

If management was proactive, delinquent accounts would be managed and bad debts would be included in the annual MF's, not hidden in a Reno fee. But I am sure this is Fairmont's Fault.

I remember being offered a lucrative asset backed real estate investment opportunity when I lived in Edmonton. Glad I didn't take it or I would be feeling pretty guilty on how I would be getting my money back.:annoyed:

 

[DarkLord]

Back in late 2000's in some trade shows in Calgary, the predecessor of Northwynd, Fairmont was selling some investment with very high return like 14% or 18%. The attraction was that Fairmont was going to expand the timeshare.

Now Fairmont can't pay those investors so they changed the name to Northwynd/Northmount and are trying to scam timeshare owners in the name of renovation fees to pay back those 18% investors.

This is the gist of this whole fiasco. Northwynd/Northmount/Fairmont has no intention to use the funds to renovate the resort at all.

 

[Spark1]

Mr/Mrs gnorth16. While we appreciate your interest in this subject even though you are not a timeshare owner of the resort, it is not helpful when you make incendiary statements not based on the available information.

If you had reviewed all of the information on the resort realignment, you would know the renovation fee included two components, the renovation fee itself, and our owners responsibility for past deficits. You would also know the renovation fees are being kept separate in a trust account managed by Norton Rose.

If you had read Mr. Wankel's affidavit in full, you would have seen the statements made are in reference to the renovation fees being used to pay for the renovation which was already started when the issue of freezing funds came up, as well as the need for the deficit fees to appropriately be applied to operations.

There is no jumbling of the two.

We would also point out the affidavit is from June of 2013. The other lawyers had the opportunity to cross examine it. If this was a legitimate legal issue, it would have been brought up in the special case.

I would like to know if there was a trust set up with Norton Rose for the money collected for cancellation fees. This money was to be used to subsidize the renovation project for the time owners who paid the renovation fee and is that money still in that trust and none of it has been touched or used for any other purpose. The owners that used the cancellation form,are they really cancelled?
The reason I ask is when I took that form to Service Alberta I had them read over the form and I asked them to tell me what they thought. They did this and they told me you would not be cancelled if you use this form, is this correct? The reason I am asking is that I met a lady in Mexico that has a friend that owned at Sunchaser and she paid over 8000.00 for cancellation fees and her friend is a sales lady at the Vida resort in Nuevo or the Mayan Palace. They checked into seeing whether or not she was actually cancelled. and they found out her name was still on the title and that she was not cancelled. She was very upset when she found this out. So are the time owners really cancelled that used this form?

 

[GypsyOne]

Just BECAUSE my sister and I are HAPPY with our timeshare and have fond memories. You assume I work at Northwynd. I am a Registered Nurse who works 24 hour shifts at Foothill and you better hope you don't get put under my supervision. Assuming you know me and thinking that you can beat an honourable judge court ruling. This is so laughable and the people who care to listen or follow you is just as ridiculous. Should my daughter/son work here to pay bills or help an ailing family member, I fully support this 100%!!!! That is really low to think that these employees have no mind of their owns or lives outside of work. No family to feed? Taking a blow at what your unhappy about is one thing but taking a blow others you don't know? Speaks so many volumes of your character and soul. Dark obviously!!!

Wynnvegas, unless you know the facts of the case you probably shouldn’t post. The timeshare owners simply want their contract rights observed or contracts invalidated for numerous breaches. The actions of Northwynd leaves little choice but to seek to have the contracts invalidated. You seem to be concerned about the jobs of Northwynd employees. You would see it differently if you were asked to pay a total of about $21,000 (two bedroom annual), and lose most of your vacation time purchased under a 40 year lease agreement. Or you were asked as a lessee/tenant to give an open-ended guarantee to rebuild deteriorating capital structures for the full term of the 40 year lease. For example, as it stands now in year 38 several thousand timeshare owners might be asked to contribute several million dollars to restore resort buildings to add another 20 years of life to the buildings for which they will not benefit or have any residual value in the resort. Responsibility for paying capital costs are not in our leases for good reason, nor will capital costs ever be included in lease agreements for the simple reason the tenants do not own the facility or have any rights of ownership.

The timeshare owners who bought into the conversion to Legacy for Life at a cost of around $6,000 to $9,000 and had the clause added to pay for capital costs have a different issue. Many of these timeshare owners are claiming misrepresentation. Several owners are reporting the RCMP are looking into whether fraud was committed.

 

[Northwynd CC]

I would like to know if there was a trust set up with Norton Rose for the money collected for cancellation fees. This money was to be used to subsidize the renovation project for the time owners who paid the renovation fee and is that money still in that trust and none of it has been touched or used for any other purpose. The owners that used the cancellation form,are they really cancelled?
The reason I ask is when I took that form to Service Alberta I had them read over the form and I asked them to tell me what they thought. They did this and they told me you would not be cancelled if you use this form, is this correct? The reason I am asking is that I met a lady in Mexico that has a friend that owned at Sunchaser and she paid over 8000.00 for cancellation fees and her friend is a sales lady at the Vida resort in Nuevo or the Mayan Palace. They checked into seeing whether or not she was actually cancelled. and they found out her name was still on the title and that she was not cancelled. She was very upset when she found this out. So are the time owners really cancelled that used this form?

Cancellation fees have never been for the renovation and we have never suggested they are. The cancellation fee is a payment to Northmont as developer for agreeing to terminate your lease/ownership.

The cancellation agreement terminates your agreement and all cancellations are terminated through the trustee once complete. Owners are provided copies of their cancellation documents and removal by the trustee upon completion. At least one owner has confirmed this in this thread. Given the thousands of cancellations in May, it should be clear that the process is working as intended or there would be a massive uproar. We have processed cancellations provided by dozens of law firms without issue.

The statements made by the Mayan Palace salesperson are either false or not quite accurate. No SVV owner is on title as the resort has a trustee system which means a title search could not have turned up your friends name.

If your friend cancelled in the last 30 days, it is quite possible and likely they are still in the trustee's database because of the volume of paperwork being processed at this time. It can take six weeks to complete the processing of a cancellation through the trustee. However, if they believe they have an issue with their cancellation, they should contact us.

 

[DarkLord]

Please be aware that the legitimacy of Northmount/Nortywynd charging for cancellation fee is being appealed and challenged in court right now. Don't take what they say as truth as they are doing that for their own benefits and not timeshare lease owners.

It is criminal that after timeshare lease owners have lost thousands on buying the timeshare leases that they have to pay thousand to cancel.

 

[DaveO]

Northwynd CC - Since you seem to be lurking on the forum...Can you please add to your list of BS...err Misconceptions and please validate the claim that 700 owners were hand selected for a Sunchaser Premier Owners Association?

To which they're not affected by your ransom?

 

[DarkLord]

Since Northwynd CC is posting on behalf of Northwynd/Northmount/Fairmont, why doesn't he/she identify who he/she really is in the organization. Is he/she Kirk Wankel, Patrick Fizsimonds, Doug Frey, Philip Matkin or the lady answer the phone for them.

Why hide behide a handle when he/she alledgedly is trying to promote communication between Northwynd/Northmount/Fairmont and the lease owners?

 

[Spark1]

Cancellation fees have never been for the renovation and we have never suggested they are. The cancellation fee is a payment to Northmont as developer for agreeing to terminate your lease/ownership.

The cancellation agreement terminates your agreement and all cancellations are terminated through the trustee once complete. Owners are provided copies of their cancellation documents and removal by the trustee upon completion. At least one owner has confirmed this in this thread. Given the thousands of cancellations in May, it should be clear that the process is working as intended or there would be a massive uproar. We have processed cancellations provided by dozens of law firms without issue.

The statements made by the Mayan Palace salesperson are either false or not quite accurate. No SVV owner is on title as the resort has a trustee system which means a title search could not have turned up your friends name.

If your friend cancelled in the last 30 days, it is quite possible and likely they are still in the trustee's database because of the volume of paperwork being processed at this time. It can take six weeks to complete the processing of a cancellation through the trustee. However, if they believe they have an issue with their cancellation, they should contact us.

I have talked to the lawyer that was involved in this search to see if this lady that paid over 8000.00 in cancellation fees was released.She knew all about Northwynd and the Rancho Banderas. I also run into another couple from Calgary that were time owners at Sunchaser and they said they phoned your office and were told that justice loo made this stupid decision and paid over 6000.00 in cancellation fees. Now that is over 14000.00 that Northwynd has collected from these time owners and you and justice loo tell me this is legal and Northwynd only has taken this resort over three years ago. Do not put words in my mouth. I phoned your office when I received this threatening bill in April and discussed this cancellation issue and I was told that the reason for this high cancellation fee was that it would not be fair for the people that stayed and paid the renovation fee and there was not enough money to complete the resort so this cancellation money would be used for that. We now know there will never be enough money to renovate this resort so why are you demanding this huge renovation fee. We all Know the answer to this. It is called fraud and scam.

 

[Riser63]

On board as well!

I too have been sitting back and reading these blogs for the past couple weeks and have decided to join the fight and are in the process of signing up with Geldert law.
Surely in a democratic society like ours these companies shouldn't be able to get away with this type of activity.

Cant sit on the fence any longer and my heated conversation with Northwynd today solidified my decision. Thanks to all those who have spent hours in researching and posting information on this site. Hope I am not too late to join!

 

[aden2]

I don't know where to start and I am referring to Northwynd CC.
Northwynd CC;
you are speaking out of the side of your mouth. It was Northwynd that continued with the "Legacy for Life", and this was because they were raking in thousands of dollars. It is sinful that Northwynd had no conscience to relaize how dishonest their dealings were. The bottom line is greed!!! Northwynd has only one objective and that is: 1) rake in as much money as you can, and while you can regardless how you do it.

Most of TS investors are seniors, you Northwynd/Northmount were lucky so far but when you continue on your arrogant way it all catches up.

 

[SentimentalLady]

No reply?

Northwynd CC:

Why were the audited financial statements not completed on time for 2010 and 2011?

This was posted on Jan 21 - and no reply?

 

[SentimentalLady]

No reply II ?

Northwynd CC:

Why was a Lessee's Association never formed, despite repeated requests from lessees since you took over?

"The Lessor agrees to cooperate with the lessees in the formation of such an association and agrees to recognize the association....." (#18 on my Vacation Lease)

This was posted on Jan 21 - and no reply?

 

[SentimentalLady]

No reply III ?

Northwynd CC:

Why are we paying to fix up all the buildings when you already know that several of them will be pulled out of the timeshare pool?

I don't recall you ever saying that those buildings would be sold and the proceeds used to reduce costs for the timeshare owners.....just that they would be "removed from the timeshare pool" (quotation inexact - it was not 'pool' and I cannot immediately find it again.)

This was posted on Jan 21 - and no reply?

 

[Hotpink]

The 2011 News letter

If you follow the link attached and read the news letter in the PDF format , both are exactly the same; it sounds like they have been doing many repairs with the current MFs . They also talked about having trouble collecting the MF's in a timely fashion and are making other changes to policy regarding booking and paying MFs when you book your week . We noticed this a few years back and questioned this but did not receive an answer other than it was to assist in cash flow. In many businesses that require special orders it is always preferable to have payment up front so you are not stuck with the merchandise should the customer decline to accept once it has arrived at your facility, as it is already paid for and maybe you can sell it again. Maybe Northwynd was hoping you would pay for your MFs and they could rent it out again. This happened to us last year as we could not get over there because of the Alberta floods and road closures and once before because of a family death when we could not use the House boat. Upon contacting, explaining the situations and requesting did we get any consideration, return of deposits or anything other than that is to bad. Do we think they left the houseboat stay moored or the Hillside unit remain vacant when we could not use them. No is our belief.

http://sunchaservillas.ca/wp-content/uploads/2013/02/OwnerNewsletterFall-2011.pdf

Remember they talk about 2010 problems when they did not manage the property.

The other item they discuss is the Lessee/owners association which they claim was sent out with little response. We don't know about the other lessees but neither one of our E-mail addresses have changed since we purchased about 15 years ago and it has not appeared on any of our respective systems. So are they speaking again with forked tongue?
But we do have a Paid In full document unless they claim that went away when Northmont took over in mid 2010.
We are not confident that as they continue to morph and slither in various directions that this is viable for any of us. We have completely enjoyed all of our experiences at Fairmont and will be saddened to see it go.

A rattlesnake stuck in a wagon rut has no where to go

 

[no_more]

Geldert Law continuing to accept new clients

Cant sit on the fence any longer and my heated conversation with Northwynd today solidified my decision. Thanks to all those who have spent hours in researching and posting information on this site. Hope I am not too late to join!

Geldert law is continuing to accept new clients. Best of success in your decision.

 

[Pynecone]

Come on Northwynd CC

Come on Northwynd CC, let's see your responses to Sentimental Lady's questions?

 

[Spark1]

Cancellation fees have never been for the renovation and we have never suggested they are. The cancellation fee is a payment to Northmont as developer for agreeing to terminate your lease/ownership.

The cancellation agreement terminates your agreement and all cancellations are terminated through the trustee once complete. Owners are provided copies of their cancellation documents and removal by the trustee upon completion. At least one owner has confirmed this in this thread. Given the thousands of cancellations in May, it should be clear that the process is working as intended or there would be a massive uproar. We have processed cancellations provided by dozens of law firms without issue.

The statements made by the Mayan Palace salesperson are either false or not quite accurate. No SVV owner is on title as the resort has a trustee system which means a title search could not have turned up your friends name.

If your friend cancelled in the last 30 days, it is quite possible and likely they are still in the trustee's database because of the volume of paperwork being processed at this time. It can take six weeks to complete the processing of a cancellation through the trustee. However, if they believe they have an issue with their cancellation, they should contact us.

NorthwyndCC would you please tell us time owners what the developer is going to use the money for after the cancellation process is complete? Correct me if I am wrong,is Northwynd serious about completing this renovation?You stated that thousands are paying the cancellation so how small will the resort be and will it be even worth it to do a small renovation?Also did you tell all the legacy for Live owners the condition of this resort before they invested? The reason I am asking is they bought into this resort with the promise that the buildings were in great shape and there was lots of money in the replacement reserve fund which was one of our bank accounts set up buy our trustee. Why did Northwynd and Fairmont do this Legacy for Life Knowing how bad the buildings were and that there was no reserve fund to fix these buildings? One last question,do you feel justice loo would be happy with the amount of money that Northwynd is charging innocent time owners?

 

[ClanMac]

Northwynd/Fairmont REIT Finance!

I truly don't think you are sending any messages here from Canada. Don't for a second think you are safe anywhere else! I'll say what I said before: "you're not as smart as you think you are!"

 

[Spark1]

I truly don't think you are sending any messages here from Canada. Don't for a second think you are safe anywhere else! I'll say what I said before: "you're not as smart as you think you are!"

That is exactly what this lawyer told me here in Mexico. She said they are now out of the country and will be in a country where the Canadian authorities can not touch them. They are very will known in Mexico. I can not believe none of the cancellation money is going towards renovating the resort. I hope everyone who has not made up their mind will now see what these crooks are up to. Do not believe this resort will ever be renovated with these criminals as the developer and management. Ph Geldert Law or Cox Taylor right away because the lawyers will have to let who ever is in charge who is on the list.

 

[gnorth16]

Interesting the amount of units available in RCI right now... Is that where Northwynd is putting all the extra units???

 

[ClanMac]

Contracts

For those of you not familiar with the laws. If you have a contract with a company that has engaged in criminal activity the contract is voided. Given that all these contracts originated with Fairmont RPL Finance, and the criminal investigations have already begun; I know you don't have anything to worry about with Northwynd.

The task at hand is to find these SOB's and prosecute the hell out of them!

 

[GarryH]

Misconceptions Post By Northwynd CC

I have recently been added to the Geldert appeal and would like to feel warm and fuzzy about the outcome: that is, departing Fairmont (reluctantly) with the least possible cost.

However, I have just spent the last hour reading through Northwynd CC's list of misconceptions on this site. All I'm looking for is the truth (and, yes, Jack Nicholson, I CAN handle the truth). These statements sound truthful. Are they?

 

[GypsyOne]

I have recently been added to the Geldert appeal and would like to feel warm and fuzzy about the outcome: that is, departing Fairmont (reluctantly) with the least possible cost.

However, I have just spent the last hour reading through Northwynd CC's list of misconceptions on this site. All I'm looking for is the truth (and, yes, Jack Nicholson, I CAN handle the truth). These statements sound truthful. Are they?

Those who have been in this battle from the beginning are giving Northwynd's so-called list of misconceptions very little credibility. Essentially it is the corporate response intended to justify transferring the cost of restoring a prematurely deteriorating resort to the timeshare owners for the benefit of the real owners and the REIT investors.

But not once do they address the many misrepresentations and breaches of contract that is at the heart of the timeshare owners case. Not once do they state how it is possible that lessees or tenants are responsible for capital costs when tenants/lessees are never responsible for capital costs, nor is being responsible for capital costs included in the lease contracts. Not once do they explain how it is fair and logical that timeshare owners should not just give back remaining timeshare that they paid hard earned money for, but also pay them more money to take it back, plus pay for another year's maintenance fee which the timeshare owner will get no value. Northmont can then resell the space once again or convert to another type of unit, which is a sweetheart deal if you can get it.

You can get more of the timeshare owner's response to this money grab starting on about page 45, Post #1101.