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

[Beaverjfw]

Claims increasing

While looking at the BC Court claims that are being filed by Sauvageau, I see the numbers are increasing rapidly. Last week that were about 35 claims posted at various BC courts. Today the numbers are up over 75. I spent the $12.00 to look through one filed claim. it appears to be for a base amount of about $2100 then asked for 26.8% interest from May last year then another $529 in costs. for a total that came to $3,144.
If you want to find out if you might be in for a claim, search the BC courts site at:
https://eservice.ag.gov.bc.ca/cso/esearch/civil/partySearch.do
Click "organization" and "Northmont" in the party name.

Some of the claims that come up on the list go back to 2012 but the majority are recently filed. It costs $6.00 to get particulars and another $6.00 to view the filed statement.
I don't know whether the people that have claims filed against them have any representation or maybe Sauvageau thinks they might be easy prey.

 

[ERW]

Looking at the list of actions, there is one filed by Northmont against Phil Makin of July 30th, 2014. Am I missing something here? Not sure why they would be suing Makin, isn't that the name of the Trustee?

 

[heydynagirl]

Looking at the list of actions, there is one filed by Northmont against Phil Makin of July 30th, 2014. Am I missing something here? Not sure why they would be suing Makin, isn't that the name of the Trustee?

The lawyer for Northwynd/northmont is matkin. Confused me at first too.

 

[Chalup]

Do a little web searching

If you do a little web searching on Sauv. & Assoc. You may be able to speculate and connect the dots as to why there is a claim filed, Northmont vs lawyer/ trustee.... All the more reason to hook up with Geldert Law and join the class action against Northmont. IMO....

 

[ERW]

Did some searching but did not find anything relevent. Would you care to enlighten us?

 

[gnorth16]

While looking at the BC Court claims that are being filed by Sauvageau, I see the numbers are increasing rapidly. Last week that were about 35 claims posted at various BC courts. Today the numbers are up over 75. I spent the $12.00 to look through one filed claim. it appears to be for a base amount of about $2100 then asked for 26.8% interest from May last year then another $529 in costs. for a total that came to $3,144.
If you want to find out if you might be in for a claim, search the BC courts site at:
https://eservice.ag.gov.bc.ca/cso/esearch/civil/partySearch.do
Click "organization" and "Northmont" in the party name.

Some of the claims that come up on the list go back to 2012 but the majority are recently filed. It costs $6.00 to get particulars and another $6.00 to view the filed statement.
I don't know whether the people that have claims filed against them have any representation or maybe Sauvageau thinks they might be easy prey.

Is there a way to get the names and addresses of those who have claims against them? Then do some internet sleuthing and getting a hold of them to let them know about the lawsuit?

There must be a number of people in the dark about what really is going on. Those people are easy pray...

 

[Beaverjfw]

Claim Count Reaches > 160

Checking today, the claims count now shows up as 169, all filed at various courts throughout BC.

To answer some questions in the last few posts, yes it is possible to get the names and addresses of the defendants. These are now all public record, available online for a fee. You will be looking at $12.00 minimum.

As to the question regarding a claim naming the lawyer Phillip Matlin. Note that this was dated April 2013. It is the original petition by to the court made by the trustee. Nothing unusual here.

For those that would like to see what a sample claim looks like, its here.

https://dl.dropboxusercontent.com/u/95273714/SampleFairmontSmallClaim.pdf

 

[Spark1]

Checking today, the claims count now shows up as 169, all filed at various courts throughout BC.

To answer some questions in the last few posts, yes it is possible to get the names and addresses of the defendants. These are now all public record, available online for a fee. You will be looking at $12.00 minimum.

As to the question regarding a claim naming the lawyer Phillip Matlin. Note that this was dated April 2013. It is the original petition by to the court made by the trustee. Nothing unusual here.

For those that would like to see what a sample claim looks like, its here.

https://dl.dropboxusercontent.com/u/95273714/SampleFairmontSmallClaim.pdf

This is a different case. This was filed at ,provincial small claims,Victoria Law Courts. Northmont Resort Properties Ltd. v Makin Phil. File opened 30 July 2014. Date last updated 30 July 2014. File number 140482.
Carthew Registry Services Ltd the trustee Phillip Makin , Trustee for who,not for the time owners.

 

[Beaverjfw]

This is a different case. This was filed at ,provincial small claims,Victoria Law Courts. Northmont Resort Properties Ltd. v Makin Phil. File opened 30 July 2014. Date last updated 30 July 2014. File number 140482.
Carthew Registry Services Ltd the trustee Phillip Makin , Trustee for who,not for the time owners.

This claim is against Phil MAKIN. The trustee is Phil MATKIN. Close but likely not the same person. (Although it would certainly be ironic if they were the same and our beloved trustee was a timeshare owner himself) :hysterical:

On another matter, we should soon start seeing Statements of Defense filed by some of the defendants, assuming they have actually been served by a process server. Checking over the some of the earliest filings, from about July 30, I see only one file that reports any updates. I had a look at it to see what might be involved. There was one added document to the filed noted as "Correspondence" but I did not feel like spending $10 to see what it was. What was a shock was that the claim was for $21,742. OUCH.

 

[ERW]

This claim is against Phil MAKIN. The trustee is Phil MATKIN. Close but likely not the same person. (Although it would certainly be ironic if they were the same and our beloved trustee was a timeshare owner himself) :hysterical:

On another matter, we should soon start seeing Statements of Defense filed by some of the defendants, assuming they have actually been served by a process server. Checking over the some of the earliest filings, from about July 30, I see only one file that reports any updates. I had a look at it to see what might be involved. There was one added document to the filed noted as "Correspondence" but I did not feel like spending $10 to see what it was. What was a shock was that the claim was for $21,742. OUCH.

My mistake, not watching my p's and q's close enough.

 

[Chalup]

Northmont

Can't help but notice how much Northmont uses the legal system...

Tried looking up how many new claims were filed today but it looks like the legal bombardment (so to speak) has subsided at the moment. Has there been a change in strategy on their side?

 

[ClanMac]

The end

I apologize to Mr. Kirk Wankel and Douglas Frey, Northwynd and Northmont for the posts that are of a false and defamatory nature as pointed out by your legal counsel. This includes any statements that directly or indirectly implied that you ever stole anything, committed fraud, are psychopathic in nature, deliberately deceived anyone, are incompetent as an accountant or executive, or engaged in illegal or questionable accounting practices.

I formally retract all statements or comments of this nature.

 

[Anxiety123]

Forced Choice

Wow, you must have gotten under their skins to be force to write a retraction! Glad you frustrated them, sorry you have to stop your messages.

 

[Hotpink]

Riverview

We have just spoken with friends who rent a house on the 14th fairway at Riverside and can see the Riverview condos and they comment that they usually see lots of people on the balconies of the Riverview unit and this year they were amazed at how few people they saw on the balconies of these units.
They also drove by the Hill side units daily and again were amazed at the few people that they saw on the balconies in early August.
They are aware of the Northmont acts towards the timeshare lessees from our conversations with them and took note of the number of cars in the large Riverview parking lot. In their two weeks they never counted more than 10 vehicles at any given time in that parking lot.
This was similar to our notations when we rented a unit a Hillside in June of this year. We spoke to as many people as possible and did not speak to anyone who was not a renter usually through RCI. Probably about 25 % occupancy at best.
They also commented about the lack of golfers on the course and found it very easy to get on as the Tee Sheet was very open. Makes you wonder how the other valley businesses are faring.
Wonder where Northmont's cash flow is coming from if the occupancy rate is so low

Sorry Clan Mac but even a dog knows the difference between being stumbled over or kicked. We are all entitled to express our opinions and we felt that what you have previously posted was very relevant and there was documentation to substantiate many of the statements and we also have access to a lot of that documentation. We are sorry you are being "cajoled" into making acquiescing statements to Northmont. Our opinions are now resting in the hands of Geldert Law

 

[ClanMac]

Not a forced choice

As the title implies!

 

[Anxiety123]

Clam Mac - Not a forced choice??

Now you have really confused me! Not sure why you retracted your opinion if it was not forced. Many of your point were "Right On The Money." Anyway, sad to see you go, you made the thread interesting. Northmont execs are making really good money and are acting like bullies. Gerdert Law is the way to go.

 

[GypsyOne]

As the title implies!

You bad! But you should also retract that they are not demanding, grasping, greedy, predatory, bullies, malicious, devious, opportunistic, conniving, cunning, scheming, nor do they hate little puppies.

 

[aden2]

In a conversation this p.m. with Service Alberta I was reminded that when you are contacted more than once about owing money for your timeshare to contract Service Alberta that you are being harassed by Northmont or their collection agent etc., and they will investigate.

 

[Anxiety123]

Clam Mac - Sarcasm!!

Oh get it! Got to hit this girl over the head sometimes.

 

[Beaverjfw]

Claim Count Reaches > 225

The law firm of "Savages" now has 225 claims filed. Most of those in the last week were filed at the Golden or Cranbrook courts. What's interesting is that I'm not seeing an updates to the earlier cases filed at the end of July or early August. This would suggest that the defendants have not yet been personally served with documents as we would start to see some Statements of Defense filed within the 14 day response period.
Has anyone out there actually been served ?

 

[Chalup]

Served

Not yet.... Haven't moved or anything!!

 

[jekebc]

"Has anyone out there actually been served ?"

A number of the defendants from the initial days of filing are now being served by registered mail. We have also discovered that Sauvageau is filing Claims in Alberta ans some of those served as well. There may be other claims, but we can only serach those claims thata re filed in BC. For other timeshare owners facing this situation, we need to make sure they know what help is available. Please help us by distributing the link to this website: www.sunchasertimeshareowners.com

 

[Spark1]

"Has anyone out there actually been served ?"

A number of the defendants from the initial days of filing are now being served by registered mail. We have also discovered that Sauvageau is filing Claims in Alberta ans some of those served as well. There may be other claims, but we can only serach those claims thata re filed in BC. For other timeshare owners facing this situation, we need to make sure they know what help is available. Please help us by distributing the link to this website: www.sunchasertimeshareowners.com

Geldert Law is on top of this. Everyone should be smart and hire Geldert Law. You will not be able to fight this without a good lawyer and that was proven buy the appeal.
Here is a video everyone should watch.
https://ca.finance.yahoo.com/video/playlist/money-minute/
500.00 dollars is cheap to keep these crooks away from your door. Mind you i would love to have that bill collector come to my door.

 

[truthr]

What To Do?

If you have a timeshare at Sunchaser (aka Fairmont Resort) and have just been served a Statement of Claim (Plaintiff Northwynd or Northmont) from any of the Canadian Province Courts please read everything on this thread and/or contact Michael Geldert at Geldert Law (email address sunchaser@geldertlaw.com) to find out what your options are.

You are not alone, there are a LOT of people who have retained Geldert Law to represent them. There are a lot of people who have been working to gather information which could assist you as well.

 

[DarkLord]

I have made several posts on this site throughout the Summer of 2014 that have caused Kirk Wankel, Northwynd Resort Properties and Northmont Resort Properties Ltd. some concern. In particular, I have made allegations of illegal and fraudulent behavior. Having made these comments based on publicly available information and solely with a view to fleshing out the relevant facts as they pertain to this resort, I do apologize to the extent that I may have overreached and in any way defamed Kirk Wankel, Northwynd Resort Properties and Northmont Resort Properties Ltd. I vow to refrain from making any written or oral statements that I know are false or defamatory in the future.



Now, as many of you will know, on November 5, 2012, Northwynd discussed its business plan for the Resort and confirmed its intention to “Walk away from uneconomic residual assets (timeshare regime)”….and…. “Create a long-term positive cash flow producing property management asset.” I would welcome a clear and concise explanation from Mr. Wankel, Northwynd Resort Properties and Northmont Resort Properties Ltd. regarding how this is to be achieved within the parameters allowed under the timeshare contracts at the Resort. I would be particularly interested in an explanation regarding how this business plan was prudent in the circumstances, where many timeshare owners at the Resort have a leasehold contract. Such a response would certainly assist me in articulating my comments in the future.