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

[jekebc]

Congrats to the lease holders for winning a good fight. We should go on the offensive and charge Northmount and Kirk Wankel for fraud now.

It may be difficult to prove fraud, but at least there is extensive evidence that Northmont et al are in breach of the contracts. It is time to go after them for damages re their mismanagement of the Resort.

 

[DarkLord]

It may be difficult to prove fraud, but at least there is extensive evidence that Northmont et al are in breach of the contracts. It is time to go after them for damages re their mismanagement of the Resort.

That would be fine by me. We all paid monies to buy the timeshare and we should be awarded control the the properties due to their breaching of contracts.

The Applellant judges didn't just vacate Justice Loo's decision. Their wording is pretty damming to Northmount in their claim that we should pay for the reno.

 

[Beaverjfw]

Where to from here?

Those of us working with Geldert Law are waiting for further updates from them. There will be more decisions to be made as to what course of action lies ahead.

I, for one, would welcome a settlement just to be rid of Northwynd, but of course it needs to be reasonable. To me that means relinquishing my week, with no payments other than nominal transfer fees.

Hopefully this decision will also put the Northwynd dogs (Sauvageau & gang) back in their cages. (This decision makes their bogus Statements of Claim look pretty lame)

 

[Rider Nation Rocks]

Transmogrified

My belief in the system has been totally TRANSMOGRIFIED.. Beauty See section 35 of the judgment. Never hurts to be sent back to your dictionary. Fine day here in Rider Nation. Friday the 13th no worries. Well done Michael Geldert et al.

 

[no_more]

My belief in the system has been totally TRANSMOGRIFIED.. Beauty See section 35 of the judgment. Never hurts to be sent back to your dictionary. Fine day here in Rider Nation. Friday the 13th no worries. Well done Michael Geldert et al.

The dynamic of this has totally changed - instead of 1000+ lessees fighting Northwynd and who haven't paid them anything, we have 10,000 lessees who have paid Northwynd some money either to renovate or leave based on a legal decision that has now been overturned, and a significant percentage of those will want their money back.

 

[DarkLord]

I, for one, would welcome a settlement just to be rid of Northwynd, but of course it needs to be reasonable. To me that means relinquishing my week, with no payments other than nominal transfer fees.

Northmount et el could potentially still come after us for the maintenance fee even thought the reno fee is now dead in the water.

I think we should sue them for breach of contract and then go after them. They have real estate assets for us to collect on.

 

[DarkLord]

The dynamic of this has totally changed - instead of 1000+ lessees fighting Northwynd and who haven't paid them anything, we have 10,000 owners who have paid Northwynd some money either to renovate or stay based on a legal decision that has now been overturned, and a significant percentage of those will want their money back.

Yes those who have paid either the cancellation or reno fees now have grounds to demand their money back. Northwynd wouldn't volunterrily refund those monies, of course. Now Northwynd will have to face those lawsuits as well.

Consider that those people have paid a few Gs each, they'll go after Northwynd hard.

I think this group is now suddenly the lesser of Northwynd's problem. A good win today on Friday the 13th but this is far from over.

 

[no_more]

Yes those who have paid either the cancellation or reno fees now have grounds to demand their money back. Northwynd wouldn't volunterrily refund those monies, of course. Now Northwynd will have to face those lawsuits as well.

Consider that those people have paid a few Gs each, they'll go after Northwynd hard.

I think this group is now suddenly the lesser of Northwynd's problem. A good win today on Friday the 13th but this is far from over.

Agree DarkLord. Our next steps may be influenced by the actions of the larger group, how they organize and what actions they take for recompense.

 

[DarkLord]

Agree DarkLord. Our next steps may be influenced by the actions of the larger group, how they organize and what actions they take for recompense.

[Post text removed at request of Original Poster. -- Makai Guy, TUG BBS Administrator]

 

[GarryH]

The way I see it, Northmont has a sufficient pool of capital (not all of it collected morally or legally) to commence an action to collect their "capital improvement costs" in order to upgrade the resort.

However, they also have investors in the property who will want their money out and the sooner the better. How about the contractors and suppliers who have begun (or completed) the upgrades to Riverside 300, 400 and 800? They have to be paid as well.

From my limited vantage point, I don't think they will have the funds to satisfy all three drains on their bank account. Nor do they have the time to play this game any longer. Any further court action will force them to disclose details I'm sure they will want to remain firmly away from the light of day.

In order to apply pressure now to get them to do the right thing, I highly recommend the Geldert members fill out the survey in favor of commencing action against Northmont. I also suggest, now that they are vulnerable, to have those of you still on the fence to contact Michael Geldert and show Northmont et al they absolutely cannot flaunt the law and those of us who have already paid multi-thousands (up front).

Go Michael!

 

[heydynagirl]

Pleased with the court decision

I, for one, am extremely happy with the favorable decision of the judges. Many thanks to Jim Belfy and our legal team for achieving this!! I have completed the survey and stated my willingness to enter a class action lawsuit. However, at the end of the day, I just want out! Maintenance fees are only going to go up every year, while the quality of the resort will go down if not disappear altogether. There are many other vacation options available to me which are much more cost effective than going to Fairmont. Many thanks to everyone who fought this fight!

 

[Tacoma]

I'm also extremely happy with the outcome but kind of feel I am stuck in a tornado with no way out. I really would like to see this be over but I will not let crooks just walk over me because I'm the little guy and they have deeper pockets. Unlike some on this forum I am not so hopeful that people who paid to get out will now be willing to join in the fight. Generally when people move on they do not want to go back. Who I do hope we can pick up are people who have been waiting on the sidelines or who paid the renovation fee. It is annoying that so many do nothing and expect the small minority of us to do the dirty work for them. I am also hopeful that those of us in it up to this point are able to remain in the fight for the long haul because it is the right thing to do. Every time people don't stand up to injustice it makes it easier for someone else to take advantage. They picked the wrong girl to try and take advantage of.

Joan

 

[DarkLord]

It is entirely possible that Northwynd will deem us on the hook for the annual maintenance fees despite the appeal decision. How hard it is to fudge the numbers and come up with, say, $1500 per each lease? And that could easily add up after a few years to more than the $4000 reno fee.

In order to prevent Kirk Wankel from springing this on us in a few years down the road, we must take the fight to them now. Unlike the special hearing if you are not part of the class action, you don't get to enjoy the benefits of the outcome.

So join up everyone, this fight is far from over.

 

[aden2]

Just received an email from Northwynd and their summary of the Appeals Court. In ortherwords Northwynd does not accept the decision of the Appeals Court, and plans on business as usual.

 

[DarkLord]

[Post text removed at request of Original Poster. -- Makai Guy, TUG BBS Administrator]

 

[gnorth16]

The first thing is to get an independent BOD at the resort that actually holds meetings and move forward from there. Only then can you oust Scamwynd as the property owner and decisions that are best for the resort can be made. Until then, all decisions are to benefit Scamwynd and not the resort/owners. Unfortunately that won't happen if they have all the units that were turned back.

Congrats in winning the battle, but the war has already been decided. Scamwynd is in there and they are going to do what's best for them. If you can turn back you deed for free, I would do it and walk away. That would be the best case scenario.

 

[no_more]

damage control

Northwynd thinks they are above the law and choose to ignore Appeal Court's decision. Good luck giving your hard earned monies to people who think the laws don't apply to them.

Their purposes are to make people how have paid not to go after them for refund and keep paying their annual maintenance fee.

Yup, damage control to try to minimize a revolt by 10,000 investors who paid these people to stay or leave. their easiest route to taking over the resort by shrinking the resort and eventually gaining free title to the whole property by forcing all the timeshare investors out has been thwarted, at least for now.

anyone who reads the northwynd interpretation of the judgement, and then compares it to the damning language of the judgement where the 3 judges say that due process and justice was denied to the investors, and doesn't see the blatant deception by northwynd and how they have been deceived ... and what the future holds ... well ..not sure what else to say ...

Contact Geldert law or cox taylor, join the fight, get your interests represented in a group. they continue to accept new clients at a very reasonable rate for the next stage of this battle.

 

[DarkLord]

If you can turn back you deed for free, I would do it and walk away. That would be the best case scenario.

[Post text removed at request of Original Poster. -- Makai Guy, TUG BBS Administrator]

 

[Spark1]

Yup, damage control to try to minimize a revolt by 10,000 investors who paid these people to stay or leave. their easiest route to taking over the resort by shrinking the resort and eventually gaining free title to the whole property by forcing all the timeshare investors out has been thwarted, at least for now.

anyone who reads the northwynd interpretation of the judgement, and then compares it to the damning language of the judgement where the 3 judges say that due process and justice was denied to the investors, and doesn't see the blatant deception by northwynd and how they have been deceived ... and what the future holds ... well ..not sure what else to say ...

Contact Geldert law or cox taylor, join the fight, get your interests represented in a group. they continue to accept new clients at a very reasonable rate for the next stage of this battle.

I can only speak for the timeshare owners that only own time. Our agreements do not have a cancellation agreement and the only item close to it is item 13 Default of the lessee in any payment required under the lease. We also do not have anything saying we are responsible for capital costs. Who tried to change this was Justice Linda Loo. Because of her ruling with the iron fists lease owners paid the cancellation and some the capital costs for renovations. These owners have a right to get this money refunded back to them. There are owners paying this 100.00 dollar a month for the renovation I feel they should have the right to stop this. If I was one of these timeshare owners that paid either cancellation or renovation I would be concerned about this company going bankrupt. Again I hope the legacy for life owners can do the same. Keep in mind that the way the cancellation forms were written you never were cancelled and if anyone was please let us know.

 

[RainDog]

Quotes from the appeal:
"In our opinion, Northmounts argument must fail." [33]
"The prejudice to the Owners is, in our view, obvious." [36]

From Northmount's respond to the decision:
"We expect they will attempt to spin today's judgement as a victory...so they can collect a new round of higher retainer fees to continue their fight."

Time to saddle up the lawyers, folks.
There's a war on.

RainDog

 

[gnorth16]

I think this is a great time to go on the offensive. With the appellant court siding with us and says basically the reno and cancellation fees are scams, it is almost for certain that we can win by suing Northwynd for breaching of contract and that the trustees who were in bed with Northwynd had failed to performe their fiduciary duties to the owners.

Northwynd has valuable real estate assets that we can enforce collection on.

Northwynd will start bleeding money so they will have to distribute the 8 million collected from the Okanagan sale quickly as payments to shareholders. As for the "valuable real estate" that they have (the TS's that were given back) will be sold to another shell company. Even if they remain under Northwynd control, who is going to buy 2000 TS intervals at Fairmont?!?

My point is that Northwynd is organized and obviously knows how to hide, deceive and play games. It is an uphill battle and this could go on for years if they feel it is worth fighting for. If you do win and Northwynd is ousted eventually, what will be the condition of the resort, its ownership situation and the reserve funds? Would you want to be an owner at that point?

 

[GypsyOne]

Just received an email from Northwynd and their summary of the Appeals Court. In ortherwords Northwynd does not accept the decision of the Appeals Court, and plans on business as usual.

The Northmont gang appear to be trying to put a brave face to a defeat, with their interpretation of the ruling being more wishful thinking than substance.
ie. "We believe the Judgement provides a strong validation of our legal position.” Seriously? How in all honesty is it possible to turn a ruling against a legal position you have just spent a small fortune and time arguing into a win? And they accuse our lawyers of attempting to spin the Judgement as a victory in order to collect a new round of retainer fees? Nice try!

Or, can their interpretation really be given credibility when they contradict themselves in the same sentence? ie. “While we would have preferred the Appeal be denied, we are pleased with the outcome.”

Or, how can they admit that Justice Loo’s decision was out to lunch then turn around and say it will continue to be your guiding principle in collection action against the timeshare owners?
ie. “Her conclusions, while no longer binding, remain compelling and persuasive on the subject at hand. Accordingly we reiterate her conclusions that we have acted reasonably in the execution of the realignment plan and that the renovation fee forms part of our Owners responsibilities in your VIA’s”. One way to spin this opportunistic interpretation is to reject the ruling by the Appeals Court judges and go directly for authority to the owners who have paid the extortion fees. ie. “This position that has been upheld by the majority of our Owners through their payment of the RPF or choosing the cancellation option.” In other words, shop for the ruling you prefer.

To borrow a word from an Appeal Judge’s ruling - Northmont has “transmogrified” the Appeal Court’s decision to suit their own interests. (...to change in appearance or form, especially strangely, grotesquely, or bizarre....)

Once again, timeshare owners who have not signed on with one of the law companies, Geldert or Cox, you are urged to do so. It is the only way justice will be served and we not be held hostage by an unscrupulous timeshare company. We won an important legal battle but the fight is not over. Because we are a large group, the cost per owner is minimal and far less than the ransom demanded. Not to go forward is to lose. To benefit from a favourable outcome, you will need to be part of the group.

 

[ClanMac]

Thank-you Michael G., J.B. and all of you who stayed the course and did not give in. You are truly 'The 800'; Trojans who stood their ground against a huge (money, accountants, lawyers & psychopaths (not mutually exclusive)) adversary and beat them back. It is comforting to know that the truth still prevails, and that justice will inevitably be served; that which I have depended upon all my career in the Criminal Justice System.

As just recently posted, Northwynd/mont (by the way I like the scamwynd twist on these criminals) has made the effort in their statement to twist the conclusions of the Appellate Court (with three Justices ruling together) in their favour; in other words trying to deceive anyone who will listen to them that their defeat was in actuality a confirmation of Justice Loo's support of their actions/intent. Hard core primary psychopaths will often resort to this when faced with the irrefutable evidence of the illegality of their ways. With these types there is typically no way to have them accept the inevitable, as this would essentially lead to a collapse of their sense of self; the foundations that support their existence. My colleagues and I typically ignore them and tell them to get the hell out of our faces or their very existence will be in jeopardy. That they understand!

Further to this point, as I posted before the Appeal Court's decision, a win will open the legal door to contest the validity of the contracts to begin with; and not only did we win, the tripartite Judiciary specifically stated this was the major issue that needed to be addressed before anything else can be decided. It has been my contention all along that our contracts were voided long before Northwynd became involved; and their actions served further to invalidate any obligations we may have.

They are collapsing, there is absolutely no doubt about it. There will never be a trial, but they have to be served nonetheless. What we have learned and has been achieved by all of you I am so proud of, is a reaffirmation of the principles of fairness and justice that runs deep into the fiber of that which is truly virtuous; far from the snakes that lie under the rocks we tread upon.

I'll say it again. I am so proud of you all.

 

[Meow]

I am encouraged and emboldened by these previous posts. I guess we are still a long way from winning this, but we are on the right road to a successful conclusion.
But I am disappointed to hear that there are some who have stood on the sidelines, allowing others to foot the bill for legal expenses while they hope for a free ride. I have as much respect for these folks as I have for Northwynd.

 

[GarryH]

From Northwynd's letter I take away several key points:

First, they attach no person's name to their June 13 letter other than "Sunchaser Vacation Villas". Is no one within their management structure willing to stand up and be counted for this misguided response to the appeal decision? Shame on all of you.

Second, I am pleased they admit early on that, "Accordingly, our Owner's VIA's remain in full force and effect." Comments: Why do they keep referring to me as an Owner, when I legally own no part of their asset? My VVL (Vacation Villa Lease) says nothing about ownership whatever.

Now that my VVL is "in full force and effect", and has not been altered by any court decision (well, it was for a couple of months but that was struck down), I fail to see anywhere that I must pay a Renovation Project Fee or any part of a capital upgrade to their Resort. (I emphasize, THEIR resort.)

It looks like Clause 13 - Default of the Lessee in any Payment Required Under This Lease, is also "in full force and effect". If I default in the payment of ANY demand of monies for a period of sixteen months, then I should be "deemed to offer to sell the Lessee's leasehold interest to the Lessor" for an amount calculated by the enclosed formula. It turns out THEY owe ME money, not the other way around.

It also looks like the folks who paid to stay will be on the hook for even more money than they have already paid due to the increased cost of "unnecessary legal fees." Who is surprised at this move? This web is turning out to be very sticky for those that simply want to enjoy a week at Fairmont each year. The entire management at Northmont et al have zero moral integrity towards their "Owners" and the BC Courts, and this letter lays bare any attempt at "fairness".

The whole lot of them need to be shown the door, and have their rear-ends (insert your word for this if you like) kicked on the way out.

Contact Michael Geldert, our chief rear-end kicker for further instructions.