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

[TUGBrian]

The Sunchaser Timeshare Owners webpage is up.

http://www.sunchasertimeshareowners.com/

Lots of good information to unite the timeshare owners to join in the fight.

no link back to this thread...that is suprising.

 

[truthr]

I Agree

no link back to this thread...that is suprising.

I would like to go on record that as part of the communication committee at that time I did make that request but for reasons unknown to me that request was not implemented.

 

[TUGBrian]

makes me extremely skeptical for sure...

 

[jekebc]

no link back to this thread...that is suprising.

That's been corrected.

Sorry for the delay - it was being added as part of other changes on our site.

 

[TUGBrian]

Thanks, that was fast =)

 

[truthr]

The Sunchaser Timeshare Owners webpage is up.

http://www.sunchasertimeshareowners.com/

Lots of good information to unite the timeshare owners to join in the fight.

The site will be updated regularly as we find more details in support of our claim that Northmont and their agents have breached fundamental terms of the timeshare contracts.

We are looking into why Northmont and their associates collected 27 cents out of every $1 that was paid from Resort funds in 2013. Northmont/RVM charged over $2.4 million in management fees and in addition their group charged over $1.0 million for other costs. This won't end until we get them out of our Resort.

There are many people and groups volunteering behind the scenes, the above quoted website has been put up by one of those, however if anyone has any concerns or questions contact Geldert Law directly. I can assure you that Michael Geldert is more than receptive to answering any and all inquiries.

 

[Chalup]

Not happy with Fairmont Sunchaser decision

We are not happy with the constant request for more money from our timeshare company. See what other owners are saying and doing about it... Check out the latest plan of action.

 

[Wendy T]

Recent Visit to Sunchaser

We just spent a week in a B unit on Hillside. Comments that I have to make include the following:

-After converting to RCI and getting sucked into the whole Legacy for Life trap (boy was that a stupid and big mistake) we have been unable to ever use our points to book more that a random B unit in Hillside despite the fact that we supposedly own a week in double unit at Riverside. Even Getaways are limited to B units. We have been able to exchange for other timeshares but not usually where we want to go nor in the type of resort that we used to be able to access.
-only 2 buildings at Riverside have been renovated and a 3rd is started.
-Renovated units have been updated but are not close to being of 5 star status. In other words they look new but materials and furnishings are of only mediocre materials. Definitely not nearly close to costing the dollars that Northmont is billing us for the renovations.
-The 1000 building has been removed from inventory, and I have heard that the 2000, 3000, and 4000 buildings will soon be removed. It appears that the 1000 building is housing staff-many who appear to be temporary foreign workers. (Thinking most people who live in Fairmont are refusing to work at the resort).
--Hillside units are clean but evidence of lack of maintenance is obvious (rust on buildings, BBQs are very old, nothing is new in the units, stairwells are in need of paint and repairs, building exteriors are dirty, and landscaping that is not visible from the street has not been kept up).
-Riverside Club house is in good repair but no air conditioning in games room despite 30+ degrees.
-The resort rents units at $179 a night for B sides and $199 for A sides. We inquired as we had extra visitors, but I believe we were not allowed to do this because of our status with the resort (there were empty units every where).
-Outdoor pool was open but spray park and water slide had limited times.

All in all I believe that most buildings will be closed and then sold.

We have joined the class action, have not paid Northmont a sent for cancellation, renovation, or 2014 fees. These guys are low down crooks of the highest level.

I urge all owners to join the suit and take a stand against this type of extortion. Many owners have been harassed and intimated into paying money to leave or stay (money that many do not have or can not afford), but it is wrong, wrong, wrong!!

 

[truthr]

Thanks

We just spent a week in a B unit on Hillside. Comments that I have to make include the following:

-After converting to RCI and getting sucked into the whole Legacy for Life trap (boy was that a stupid and big mistake) we have been unable to ever use our points to book more that a random B unit in Hillside despite the fact that we supposedly own a week in double unit at Riverside. Even Getaways are limited to B units. We have been able to exchange for other timeshares but not usually where we want to go nor in the type of resort that we used to be able to access.
-only 2 buildings at Riverside have been renovated and a 3rd is started.
-Renovated units have been updated but are not close to being of 5 star status. In other words they look new but materials and furnishings are of only mediocre materials. Definitely not nearly close to costing the dollars that Northmont is billing us for the renovations.
-The 1000 building has been removed from inventory, and I have heard that the 2000, 3000, and 4000 buildings will soon be removed. It appears that the 1000 building is housing staff-many who appear to be temporary foreign workers. (Thinking most people who live in Fairmont are refusing to work at the resort).
--Hillside units are clean but evidence of lack of maintenance is obvious (rust on buildings, BBQs are very old, nothing is new in the units, stairwells are in need of paint and repairs, building exteriors are dirty, and landscaping that is not visible from the street has not been kept up).
-Riverside Club house is in good repair but no air conditioning in games room despite 30+ degrees.
-The resort rents units at $179 a night for B sides and $199 for A sides. We inquired as we had extra visitors, but I believe we were not allowed to do this because of our status with the resort (there were empty units every where).
-Outdoor pool was open but spray park and water slide had limited times.

All in all I believe that most buildings will be closed and then sold.

We have joined the class action, have not paid Northmont a sent for cancellation, renovation, or 2014 fees. These guys are low down crooks of the highest level.

I urge all owners to join the suit and take a stand against this type of extortion. Many owners have been harassed and intimated into paying money to leave or stay (money that many do not have or can not afford), but it is wrong, wrong, wrong!!

Thanks for reporting for all of us to see. If you haven't already could you please report this to Michael? Thanks

 

[Chalup]

Last visit to that area was a get away thru II. We haven't been able to exchange or use our time anywhere. Although Diamond Resorts International said they would take it off our hands a couple if years ago in Phoenix... Only if we bought into what they were selling. Maybe a way out, but not likely.
Just out of the frying pan into the fire.

We quit trying 2 yrs. ago and quit paying as well.

Tried calling RCI because we have time at LOR also. You have to go thru the Sunchaser dept. before RCI will talk to you is they must still control that resort even though they supposedly sold the resort. I know some of this information is off topic and I may not really understand how it all works, but I think it might serve to characterize how things are at the moment.

We have also signed up with the class action suit...





Sent from my iPhone using Tapatalk

 

[avsolody]

Just signed up for the class action lawsuit with Geldert Law to help with this cause. What they are doing to timeshare owners is egregious in the highest form.

 

[GypsyOne]

Just signed up for the class action lawsuit with Geldert Law to help with this cause. What they are doing to timeshare owners is egregious in the highest form.

Welcome aboard. The bigger our group the stronger we are. We can defeat this white-collar gang.

 

[Chalup]

Any of the Sunchaser timeshare owners that received the draft statement of claim from a collection company out of Ontario might want to contact Michael Geldert of Geldert Law in Vancouver if you have already paid...

Or if that's not your thing, simply check out www.sunchasertimeshareowners.com

 

[truthr]

Interesting Read

Interesting read I found whilst poking around today - go to page 6 of this PDF document


http://www.law.ucalgary.ca/files/law/lawyersweekly-20140718-whitsitt-page-15.pdf

 

[Spark1]

Interesting read I found whilst poking around today - go to page 6 of this PDF document


http://www.law.ucalgary.ca/files/law/lawyersweekly-20140718-whitsitt-page-15.pdf

NORTHMONT STARTS FILING INDIVIDUAL CLAIMS IN BC PROVINCIAL COURTS JULY31 2014
This is from Jim Belfy.
As they have been threatening to do for some time. Northmont has commenced filing individual actions in BC Provincial Court against those who have not signed a Cancellation Contract and not paid the full maintenance fees, interest and Renovation Fees demanded by Northmont. Six actions were filed in various courts on July 30. We expect many more will be filed over the next few weeks.
If a Notice of claim is filed in BC courts against you, you have 14 days from date you receive a hard-copy in which to respond to that claim. If you fail to do so, a court order may be made against you without any further notice.
Please note that any timeshare owner that has signed a new retainer agreement with Gildert Law will be able to rely on Michael Gildert to deal with any Notice of Claim that is filed by Northmont against them providing they advise Geldert Law Immediately upon being served.
For others that have not signed a new retainer agreement, I suggest that the cost to you for defending any action brought by Norhmont against you will be far greater than the cost of the retainer requested buy Geldert Law. In my opinion,all thase that have received invoices showing that monies are owing to the Resort should be proactive and no longer simply stand by and wait. I strongly recommend you contact Michael Geldert tf you agree.
Geldert Law sunchaser@geldertlaw.com
Tel: 778-330-7775

 

[Meow]

Geldert Law

A little slow off the mark, but I have now signed on with Geldert Law. I hope all other former Cox Taylor clients do so as well.

 

[Chalup]

Geldert Law

We were Cox Taylor clients and we are in also....

 

[jekebc]

NORTHMONT STARTS FILING INDIVIDUAL CLAIMS IN BC PROVINCIAL COURTS JULY31 2014

As they have been threatening to do for some time. Northmont has commenced filing individual actions in BC Provincial Court against those who have not signed a Cancellation Contract and not paid the full maintenance fees, interest and Renovation Fees demanded by Northmont. Six actions were filed in various courts on July 30. We expect many more will be filed over the next few weeks.
If a Notice of claim is filed in BC courts against you, you have 14 days from date you receive a hard-copy in which to respond to that claim. If you fail to do so, a court order may be made against you without any further notice.
Please note that any timeshare owner that has signed a new retainer agreement with Gildert Law will be able to rely on Michael Gildert to deal with any Notice of Claim that is filed by Northmont against them providing they advise Geldert Law Immediately upon being served.
For others that have not signed a new retainer agreement, I suggest that the cost to you for defending any action brought by Norhmont against you will be far greater than the cost of the retainer requested buy Geldert Law. In my opinion,all thase that have received invoices showing that monies are owing to the Resort should be proactive and no longer simply stand by and wait. I strongly recommend you contact Michael Geldert tf you agree.
Geldert Law sunchaser@geldertlaw.com
Tel: 778-330-7775

As of Aug 01 a total of 16 claims show on the record of claims. We have updated our website www.sunchasertimeshareowners.com to provide some guidance for any timeshare ownerthat is served with a Notice of Claim.

 

[owner1]

Are you sure you know what is BEST

It is my understanding they are proceeding on the premise that owners contracts are void with Northwynd. If you are not with Northwynd you are not in Trust and are open to being sued by the companies that lost money due to the "Fairmont Bankruptcy." Everyone loved Northwynd when they stepped in and save our butts during this bankruptcy. Do you think this company got our reserve fund if there ever was one. No. How do you expect them to run the resort and pay for renovations without the funds from the purchases of timeshare. Fairmont is the bad guy!!!! Get on board we can have the nicest resort in Canada

 

[gnorth16]

It is my understanding they are proceeding on the premise that owners contracts are void with Northwynd. If you are not with Northwynd you are not in Trust and are open to being sued by the companies that lost money due to the "Fairmont Bankruptcy." Everyone loved Northwynd when they stepped in and save our butts during this bankruptcy. Do you think this company got our reserve fund if there ever was one. No. How do you expect them to run the resort and pay for renovations without the funds from the purchases of timeshare. Fairmont is the bad guy!!!! Get on board we can have the nicest resort in Canada

Who is going to sue who??? So what you are saying is that if the contracts are considered void in a court of law, Northwynd will then sue people for a contract that no longer exists???

Nice fear tactic, but you won't convince anyone around here. Get back to mailing letters and threatening people over the phone at Sauvageau & Associates....

 

[owner1]

This resort was owned by Fairmont. Fairmont went bankrupt. The owners were open to being sued by the creditors. When Northwynd bought the resort one of the conditions of the sale was, the owners were protected from being sued by the creditors. This condition was put in place so that new ownership could continue. New owners would not have bought if this condition was not in place. We were all put into trust. If you were an owner at that time you will remember getting letters from lawyers on behalf of the creditors advising you to pay a sum or you would be sued. The Trust protected us from the creditors taking any action against us. If you legally are not an owner under Northwynd when they took over you would not be protected by the Trust. This is just the facts. It was a very scary time. This was in 2012 I believe. Google away. Do you think the people that lost money will forget.

 

[truthr]

Welcome and ???

This resort was owned by Fairmont. Fairmont went bankrupt. The owners were open to being sued by the creditors. When Northwynd bought the resort one of the conditions of the sale was, the owners were protected from being sued by the creditors. This condition was put in place so that new ownership could continue. New owners would not have bought if this condition was not in place. We were all put into trust. If you were an owner at that time you will remember getting letters from lawyers on behalf of the creditors advising you to pay a sum or you would be sued. The Trust protected us from the creditors taking any action against us. If you legally are not an owner under Northwynd when they took over you would not be protected by the Trust. This is just the facts. It was a very scary time. This was in 2012 I believe. Google away. Do you think the people that lost money will forget.

Hey Owner 1 - welcome to the forum.
I don't know where you are getting your information from or what owners you are referring to but based on what I know.
Firstly the bankruptcy and new ownership took place before 2012, like 2009/2010.
Secondly, we are "timeshare" owners - operative word timeshare, we own time not any part of the resort ergo not responsible for any debts.
Thirdly, we did not receive anything from any lawyers back then advising or threatening us.

This whole business about being responsible for anything other than yearly maintenance has just begun recently along with the threats and intimidation.

 

[Chalup]

"Timeshare" owners

I personally happen to disagree that the term "owner" right from the beginning when we first signed up with Fairmont many years ago was misleading then and still is today... The language has to change!

Legal action to stop the victimization is the only avenue left for the "time share owners" to protect themselves by utilizing the courts and their "legal" interpretation of where we are today with respect to the letter of the law...

It is our "Freedom to question" the status quo if we do not agree with Nortmont's course of action that is being forced upon us....

 

[Spark1]

As of Aug 01 a total of 16 claims show on the record of claims. We have updated our website www.sunchasertimeshareowners.com to provide some guidance for any timeshare ownerthat is served with a Notice of Claim.

It would be very interesting to see how they picked these 16 owners. Are they all LEGACY FOR LIFE owners who are deeded, seeing they have not proved that the two agreements are the same or are they REIT owners who own timeshare? It would be nice to hear from these owners. Keep in mind LEGACY FOR LIFE owners, that you were breached, lied to and used as their cash cow. There never was a legacy with this resort as long as these crooks were involved. Legacy For Life owners with Gold Weeks, RCI points are finding out all they can get is condos facing the parking lots after spending thousands of dollars. There are much cheaper ways to holiday then being involved with these crooks.
And for you owner1, what happened to all the other resorts these crooks use to own and where is all the money? What happened to all the cancellation money they robbed from innocent time owners, this money should go back to these owners because they lost the appeal. They lied to me stating that this money would be used to help the time owners that paid the reno fees. I hate to be lied to. Get off the fence and hire Geldert Law.

 

[Hotpink]

Northmont our Saviour according to Owner 1

Hey Owner 1 - welcome to the forum.
I don't know where you are getting your information from or what owners you are referring to but based on what I know.
Firstly the bankruptcy and new ownership took place before 2012, like 2009/2010.
Secondly, we are "timeshare" owners - operative word timeshare, we own time not any part of the resort ergo not responsible for any debts.
Thirdly, we did not receive anything from any lawyers back then advising or threatening us.

This whole business about being responsible for anything other than yearly maintenance has just begun recently along with the threats and intimidation.

In Dec 0f 2011 we received a package from letter from Lawson Lundel out of Vancouver dated Nov 18 from a Heather Ferris indicating that Fairmont in 1989 entered into a management contract with Columbia Village Management that all of Fairmont's obligations to us as timeshare owners were transferred to Columbia. Then it indicates that in April of 2008 Columbia entered into a lease with International and that upon termination Fairmont and us the timeshare owners ( the "Lessees") shall assume all of the obligations of Columbia.
When Fairmont entered the CCAA in 2010 it is suggested that Fairmont terminated the agreement with Columbia and we as lessees were liable for $600.00 for full and final restitution.
In the same package there were another letter signed by Patrick Fitzsimonds basically telling us that they feel we should not be concerned with this demand. Also there was a letter from MacLeod Dixon stating that we as Lessees have no contract nor obligation to Columbia or International and we as lessees have no obligation to make any payments as demanded.

Fast forward to 2013 /2014 we are now owners ( not Lessees) and Northmont our Saviour is demanding huge sums from us and we do have a contract that says we can sell back to them . Remember Clause 13.
To quote Parick Fitzsimonds from his letter of Dec. 7 2011" Unfortunately, the line between legal and illegal is a lot farther away than the line between ethical and unethical.
I think perhaps Owner 1 is listening to some mind stimulating/altering rhetoric.
Copies of all letters are available