DarkLord
TUG Member
G1, I have only been contacted by email which I forwarded to Geldert Law and ignored.
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[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!
- Thread starter htusa2002
- Start date
Phone contact as well as e-mail
G1, as with Darklord I too received both an e-mail and phone call. In fact there were two phone calls, the second leaving a message stating that it was important that I get back to them (after I ignored the first one). The e-mail was forwarded to Geldert.
I would have been inclined to listen to what they had to say, however I would have been quick to inform them that I sent a Statement of Claim to Kirk Wankel over a year ago that has been registered; and in which I informed him that should a collection agency bother me with any type of contact I would make a formal complaint of criminal harassment to the RCMP. This is long before the current appeal was put in place and involved different lawyers.
As is I followed Michael's request and did not talk to them.
There are clearly no grounds for any action, legal or otherwise to occur prior to the completion of the appeal process, and/or any court filed Statement of Claims/Defense that occurs outside the appeal.
Northwynd/mont knows this, so the only reason why they have proceeded with this nuisance is to try and get as much money as they can prior to these court outcomes, in the likely event they will lose the case and perhaps get nothing.
G1, as with Darklord I too received both an e-mail and phone call. In fact there were two phone calls, the second leaving a message stating that it was important that I get back to them (after I ignored the first one). The e-mail was forwarded to Geldert.
I would have been inclined to listen to what they had to say, however I would have been quick to inform them that I sent a Statement of Claim to Kirk Wankel over a year ago that has been registered; and in which I informed him that should a collection agency bother me with any type of contact I would make a formal complaint of criminal harassment to the RCMP. This is long before the current appeal was put in place and involved different lawyers.
As is I followed Michael's request and did not talk to them.
There are clearly no grounds for any action, legal or otherwise to occur prior to the completion of the appeal process, and/or any court filed Statement of Claims/Defense that occurs outside the appeal.
Northwynd/mont knows this, so the only reason why they have proceeded with this nuisance is to try and get as much money as they can prior to these court outcomes, in the likely event they will lose the case and perhaps get nothing.
Donsterama
newbie
May 12 Appeal Hearing
Has anyone heard how the May 12 appeal hearing went or when we may hear back from the courts on a ruling?
Has anyone heard how the May 12 appeal hearing went or when we may hear back from the courts on a ruling?
heydynagirl
newbie
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The lawyer sends an email each week to his clients with any updates.
Further Dissent!
Northwynd/mont finally posted 2013's financial statements audited again by Collins Barrow. The statements do not provide enough detail to determine how much money is being paid to the CEO and other staff; other than > 2 million went to management, and on-site wages increased despite the downsizing. They only want us to see what came in and went out with respect to property management in a broad sense, and stated that their debt has now been paid with the $ acquired from 1/3rd who paid to get out and 1/3rd who chose to stay in and continue to pay. Most interestingly statements indicated that the developers paid their share for the units not leased/sold, but also took care of the reno costs for those who paid for the premium lifetime crap.
It was also stated that a former employee is suing Northwynd. Would be nice to find out who that is and the nature of the Statement of Claim; and given that it has been filed in court it should be accessible to the public. Said all along that the greatest ally we could find besides one another would be a former disgruntled insider who got shafted while watching the psychopaths who hired him line their pockets with millions. An earlier post with a website detailed what a former employee said while trying to pitch the Leg Irons for Life garbage. When asked what happened to Fairmont he said the owners ripped us all off for millions and declared bankruptcy.
There is a lot of dirt underneath the rock Wankel and his cohorts sit on, and it doesn't matter if a lot of it is leftovers from Fairmont and the rest with a failed transition and mismanagement. It was never a part of what any of us agreed to and regardless of the appeal outcome, the contract breaches have to be addressed if a fair outcome is ever to be achieved. If this means tying them up in court with further claims so be it; I'll never roll over to the likes of these psychopaths!
Northwynd/mont finally posted 2013's financial statements audited again by Collins Barrow. The statements do not provide enough detail to determine how much money is being paid to the CEO and other staff; other than > 2 million went to management, and on-site wages increased despite the downsizing. They only want us to see what came in and went out with respect to property management in a broad sense, and stated that their debt has now been paid with the $ acquired from 1/3rd who paid to get out and 1/3rd who chose to stay in and continue to pay. Most interestingly statements indicated that the developers paid their share for the units not leased/sold, but also took care of the reno costs for those who paid for the premium lifetime crap.
It was also stated that a former employee is suing Northwynd. Would be nice to find out who that is and the nature of the Statement of Claim; and given that it has been filed in court it should be accessible to the public. Said all along that the greatest ally we could find besides one another would be a former disgruntled insider who got shafted while watching the psychopaths who hired him line their pockets with millions. An earlier post with a website detailed what a former employee said while trying to pitch the Leg Irons for Life garbage. When asked what happened to Fairmont he said the owners ripped us all off for millions and declared bankruptcy.
There is a lot of dirt underneath the rock Wankel and his cohorts sit on, and it doesn't matter if a lot of it is leftovers from Fairmont and the rest with a failed transition and mismanagement. It was never a part of what any of us agreed to and regardless of the appeal outcome, the contract breaches have to be addressed if a fair outcome is ever to be achieved. If this means tying them up in court with further claims so be it; I'll never roll over to the likes of these psychopaths!
Spark1
newbie
This is not just a very late audited statement but also a opportunity to quote the other agreement to us vacation villa lease holders and let us know that it will be our responsibility to pay Northwynd Management costs for lawyers to fight a former employee and pay for the potential settlement. This employee was not cutting grass at the resort and who knows maybe it was Kirk Wankel. It was someone important or they would not have mentioned this as part of their AD. The other item that they made sure we would be aware of is page 11 item no. 7 Replacement Reserve. There is nothing in our agreement stating they can charge two maintenance fees. Sorry Northwynd, one MF which if you had responsible management and trustee to be broken down into two bank accounts being operating and replacement reserve. For you people sitting on the fence these guys are criminals as far as i am concerned and you should cut all ties with them. It will not stop at 40 million and maintenance fees will more than double. I have been researching Diamond Resorts and you can find it on the web where owners started with 600 dollars a year for a one bedroom sleeps four and now their fees are 2200 dollars. This is where this resort is going. Hire Gildert law.
Quote in the valley echo
While the article is a bit dated it shows their appears to be some concern in the valley about the resort and its future
http://issuu.com/blackpress/docs/i20140218100927187
Go to page 3
I know if I had any business dealings with them it would be cash on or before delivery
After reading the financials that came out immediately after the appeal hearing and you know that was not coincidental, I'm more convinced they are just money grubbers that make Scrooge and Shylock look like nice guys
While the article is a bit dated it shows their appears to be some concern in the valley about the resort and its future
http://issuu.com/blackpress/docs/i20140218100927187
Go to page 3
I know if I had any business dealings with them it would be cash on or before delivery
After reading the financials that came out immediately after the appeal hearing and you know that was not coincidental, I'm more convinced they are just money grubbers that make Scrooge and Shylock look like nice guys
from reading the management comments that accompany the 2013 audited financial statements ... a few things stand out to me ...
1. the going concern paragraph at the end of the document opens the door to the resort being dissolved as a going concern ... they certainly give the scenario - where they walk away with a chunk of money if it becomes too much of a nuisance (read that too many people are watching) to actually run the resort as a legitimate going concern and they have made their "easy" money thru the extortion fees
2. they have collected $10MM in renovation funds, but have only spent $2.7 on the renovation so far as of the end of 2013. I did not look at the renovation dollars for the 5-6 buildings planned for renovations and reconcile the amount budgeted for renovations to each building versus the funds collected to date ...
3. they expect the downsized resort to have 3-4 riverside buildings, 1 hillside building with terrace units, and the 8100 riverview building .... they have a pretty good idea of what they want to renovate - the old stuff while the keep the newer ones for themselves - this in spite of not answering my earlier questions about which buildings they were going to renovate and the criteria they knew damn well what they wanted to poach but didn't want to share and invite further scrutiny
4. and they talk about no more renovation activity until October 2014 because there is "not enough money" to do any more work and they are coming into the "busy summer season" until they collect more $100 a month cheques . huh ?
5. and the freedom to choose forms are still up on their website -
If I was a lessee that had coughed up for the renovation fee, and now see it will be 3-5 more years until the shrunk resort is finally finished, I would not be too impressed - especially if I get an unrenovated unit for several years
1. the going concern paragraph at the end of the document opens the door to the resort being dissolved as a going concern ... they certainly give the scenario - where they walk away with a chunk of money if it becomes too much of a nuisance (read that too many people are watching) to actually run the resort as a legitimate going concern and they have made their "easy" money thru the extortion fees
2. they have collected $10MM in renovation funds, but have only spent $2.7 on the renovation so far as of the end of 2013. I did not look at the renovation dollars for the 5-6 buildings planned for renovations and reconcile the amount budgeted for renovations to each building versus the funds collected to date ...
3. they expect the downsized resort to have 3-4 riverside buildings, 1 hillside building with terrace units, and the 8100 riverview building .... they have a pretty good idea of what they want to renovate - the old stuff while the keep the newer ones for themselves - this in spite of not answering my earlier questions about which buildings they were going to renovate and the criteria they knew damn well what they wanted to poach but didn't want to share and invite further scrutiny
4. and they talk about no more renovation activity until October 2014 because there is "not enough money" to do any more work and they are coming into the "busy summer season" until they collect more $100 a month cheques . huh ?
5. and the freedom to choose forms are still up on their website -
If I was a lessee that had coughed up for the renovation fee, and now see it will be 3-5 more years until the shrunk resort is finally finished, I would not be too impressed - especially if I get an unrenovated unit for several years
Lake Okanagan Resort
Looks like this property has been sols , so now northwynd has more money in their coffers . about 10 mil
http://www.specializedassets.com/properties/lake-okanagan-resort-price-reduced
Even though time shares were not included in the listing one wonders what they will do with the LOR lessee contracts.
When do you think we will see a for sale sign in Fairmont? probably better odds than 649 to pick when
Looks like this property has been sols , so now northwynd has more money in their coffers . about 10 mil
http://www.specializedassets.com/properties/lake-okanagan-resort-price-reduced
Even though time shares were not included in the listing one wonders what they will do with the LOR lessee contracts.
When do you think we will see a for sale sign in Fairmont? probably better odds than 649 to pick when
Anxiety123
newbie
- Joined
- Jun 3, 2013
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Collections
How many owner's paid to get out or renovate. Are there many of us that decided to fight with a lawyer and others walking away and ignoring the collections company? Concerned that those that have not paid and are left fighting in the end will be sued by Northmont. Timeshare contracts seem to read so broadly that they can do and say what they want and the law is on their side. Not paying them anything until forced to. One concern is that they can garnishee wages. Some sites say they can and some say they can't. Anyone know??
How many owner's paid to get out or renovate. Are there many of us that decided to fight with a lawyer and others walking away and ignoring the collections company? Concerned that those that have not paid and are left fighting in the end will be sued by Northmont. Timeshare contracts seem to read so broadly that they can do and say what they want and the law is on their side. Not paying them anything until forced to. One concern is that they can garnishee wages. Some sites say they can and some say they can't. Anyone know??
Prev. Point
No More said it; they're "dissolving". I don't believe Northwynd/mont owned the complete Okanagan Resort at the time it was sold; I have vague recollection that perhaps they only owned the time shares. Can't say for sure but it is in the records. In any event they have essentially little property worth anything left; and they're bleeding whatever cash cows they can find. Patience and time is on our side, and 'hats off' to the 800 Trojans who stood their ground! Tie them up in the courts and they are done!
No More said it; they're "dissolving". I don't believe Northwynd/mont owned the complete Okanagan Resort at the time it was sold; I have vague recollection that perhaps they only owned the time shares. Can't say for sure but it is in the records. In any event they have essentially little property worth anything left; and they're bleeding whatever cash cows they can find. Patience and time is on our side, and 'hats off' to the 800 Trojans who stood their ground! Tie them up in the courts and they are done!
Anxiety123
newbie
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In for the Long Haul
Thanks, I feel much more confident that there are 800 or so owners in on the fight with me. I will fight until the LAW tells me to STOP!
Thanks, I feel much more confident that there are 800 or so owners in on the fight with me. I will fight until the LAW tells me to STOP!
SentimentalLady
newbie
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- Jun 11, 2013
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You can inquire. They're also working with Cox, Taylor:
LINDSAY R. LEBLANC
Cox, Taylor - Barristers, Solicitors, Notaries
26 Bastion Square, 3rd Floor - Burnes House
Victoria - British Columbia - V8W 1H9
Telephone 250.388.4457 Facsimile 250.382.4236
Spark1
newbie
Pacific Links has taken over the ownership of the Makaha resort Hawaii 4 days ago because of foreclosure. I believe all that is left is a few rooms in Mesquite Nevada and that is it for the Platinum Club. What a future we have with Northwynd,they were the biggest timeshare company in Canada and what are they now? For you people paying 100.00 dollars a month save your money because this resort is going down just like all the others.
Spark1, the resort you refer to in Mesquite Nevada is the Oasis resort and casino, it closed a few years ago, a victim of the 2008 recession. It has been torn down I believe according to a newspaper article in the Mesquite newspaper. Northwynd owned an interest in some timeshare rooms at that resort in the past, but this is now worthless.
Not true. The Oasis hotel is now torn down but the two timeshare buildings are still there. I don't know if Northwynd still has an interest in any of the units. Owners and exchangers still get discounts at the Casablanca and a couple of the golf courses.
Lynn
thanks Lynn for the clarification. This is such a tangled web. The platinum club on sunchaser website only shows exchanges possible at Fairmont and at lake Okanagan - so I am assuming that Northwynd either no longer has any timeshare inventory at Mesquite, or if they do, they are not offering exchanges as part of the Platinum club.
Good News
Appeal Upheld.
From the Court decision.
Summary
The appellants hold time shares in a resort owned by the respondent. In order to fund substantial renovations the respondent gave time share holders the option of paying either a renovation project fee or a cancellation fee. The appellants disputed the respondent’s ability to impose these fees. Initially the parties sought to resolve the dispute by way of a special case (Rule 9-3) in the Supreme Court but the appellants ultimately argued that the issue was not appropriate for a special case. The chambers judge proceeded with the special case and found in the respondent’s favour.
Held: appeal allowed; the question before the court was not appropriate for a special case. The underlying facts were in dispute and the question put to the court was based on hypothetical circumstances. The result was that the special case did not lead to a just, speedy or efficient determination of the issues.
This one went our way !
Appeal Upheld.
From the Court decision.
Summary
The appellants hold time shares in a resort owned by the respondent. In order to fund substantial renovations the respondent gave time share holders the option of paying either a renovation project fee or a cancellation fee. The appellants disputed the respondent’s ability to impose these fees. Initially the parties sought to resolve the dispute by way of a special case (Rule 9-3) in the Supreme Court but the appellants ultimately argued that the issue was not appropriate for a special case. The chambers judge proceeded with the special case and found in the respondent’s favour.
Held: appeal allowed; the question before the court was not appropriate for a special case. The underlying facts were in dispute and the question put to the court was based on hypothetical circumstances. The result was that the special case did not lead to a just, speedy or efficient determination of the issues.
This one went our way !
Assumptions
huh wow, who would have thought that it's probably not a good idea to make assumptions...
oh wait that would Madam Justice Linda A. Loo. They slammed her pretty good for making assumptions.
Let this be a lesson learned Northmont!! Your day of reckoning is coming!
huh wow, who would have thought that it's probably not a good idea to make assumptions...
oh wait that would Madam Justice Linda A. Loo. They slammed her pretty good for making assumptions.
Let this be a lesson learned Northmont!! Your day of reckoning is coming!
Full Deatils of the Court Decision
Here's the link to the Court of Appeal Decision.
It makes for good reading. The good stuff starts at point 33 but read the full 17 pages.
http://www.courts.gov.bc.ca/jdb-txt/CA/14/02/2014BCCA0227.htm
Here's the link to the Court of Appeal Decision.
It makes for good reading. The good stuff starts at point 33 but read the full 17 pages.
http://www.courts.gov.bc.ca/jdb-txt/CA/14/02/2014BCCA0227.htm
Anxiety123
newbie
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Appeal
Yes got my email from Geldert Law today with the Appeal Decision. Thank you to all of you who paid their money to help in this fight. I know too many owners personally that just sat by and were waiting for the outcome. I hope now the rest of those owners that haven't come on board will now do so, so that we can continue to fight these guys. My faith in justice is renewed. I know that we still have a long fight ahead of us but will sleep better now knowing that Northmont sees they can not just do whatever they want.
Yes got my email from Geldert Law today with the Appeal Decision. Thank you to all of you who paid their money to help in this fight. I know too many owners personally that just sat by and were waiting for the outcome. I hope now the rest of those owners that haven't come on board will now do so, so that we can continue to fight these guys. My faith in justice is renewed. I know that we still have a long fight ahead of us but will sleep better now knowing that Northmont sees they can not just do whatever they want.
DarkLord
TUG Member
[Post text removed at request of Original Poster. -- Makai Guy, TUG BBS Administrator]
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