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

MFD

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I signed up with Geldert the week before the September 19th deadline, but have not recieved any updates yet, were there any? I tried emailing Patricia, but it's been 2 weeks now and she has not responded. Just hoping I haven't missed anything.
 

Punter

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Thankfully, got in on the litigation group.

Thanks to everyone for the responses. Patricia called me shortly after I posted and we got in just under the wire.
We've been owners since '96 and are increasingly fed up with the place over the years - what happened to the 5* resort we all purchased?

It is truly mind boggling what these crooks are trying to get away with.

I've read many posts here as well as the Sunchasers Owners site to get somewhat informed. I'll stay tuned to see what happens over the coming weeks/months. Glad to have found this group!
 

Quadmaniac

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Marriott Willow Ridge (x2), Ko Olina week 51 (x3) & 52(x2)
So I'm suing my friend/buyer of my fairmont timeshare for renaging on our deal and subpoenaed a representative from the transfer department to testify tothe process and guess who came along to see the results of the case - Wankel !
 

Beaverjfw

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More Court Action

Following a month of silence in the BC Courts, Northmont is at it again. There were about 300 claims filed in BC up until Sept.19. Then nothing for a month.
(Three more were filed on Oct. 17th.)
Following our group's claim against Northmont, filed Oct. 8th, (File 143785 JEKE ENTERPRISES LTD. v NORTHMONT RESORT PROPERTIES LTD) I now see that Northmont has fired back themselves, with a filing on Oct. 20.
#24549 (Cranbrook - Provincial Small Claims) NORTHMONT RESORT PROPERTIES LTD. v JEKE ENTERPRISES LTD

Interesting to see the outcome given the failure of the Case Planning Meeting this month.
 

heydynagirl

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Following a month of silence in the BC Courts, Northmont is at it again. There were about 300 claims filed in BC up until Sept.19. Then nothing for a month.
(Three more were filed on Oct. 17th.)
Following our group's claim against Northmont, filed Oct. 8th, (File 143785 JEKE ENTERPRISES LTD. v NORTHMONT RESORT PROPERTIES LTD) I now see that Northmont has fired back themselves, with a filing on Oct. 20.
#24549 (Cranbrook - Provincial Small Claims) NORTHMONT RESORT PROPERTIES LTD. v JEKE ENTERPRISES LTD

Interesting to see the outcome given the failure of the Case Planning Meeting this month.

Has anyone got a copy of what is in the claim they filed?
 

Beaverjfw

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CPC

Anyone know of what happened at the Case Planning Meeting?

Mr. Geldert provided an update on Oct. 15 to all on the roster of his clients on this case. As usual his communication asks that his emails not be forwarded or reproduced.
The short version is that the Trustee or Northmont got none of what they asked for. For now, it looks like the Petition won't be heard. Northmont is stymied on their proposal for the time being.
Remember they are still pursuing people in court in various jurisdictions regardless of the Petition.

btw. No sign of any listing activity on the resort.
 

GarryH

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Good News! Michael Geldert Accepting New Clients Again

In his latest communication to those who have signed on with Michael, he has indicated that this last attempt by Northwynd to gain a foothold (or foot to throat) on Lessees has been stymied by B.C. Courts.

This opens the door once more for new clients to sign on to his firm. Michael has not indicated when this window of opportunity will close again, but it is safe to say it will in the future.

For those who thought they had missed the train, a second one just pulled into the station. All aboard!
 

Meow

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I'm sure everyone that visits this thread has already signed up with Geldert Law. But I worry about those out there who are not aware of our class action. Unfortunately, there are probably many who are trying to fight this on their own. How do we reach these folks?
 

Beaverjfw

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More Claims Being Filed

After a quiet period from the middle of September, Northmont is at it again, with another 165 claims filed in BC in the past two weeks. I believe the total is now roughly 475. I don't know what's happening in Alberta or other provinces.
 

ERW

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Does anyone know if any actual decisions have been handed down on any of the claims that have been filed (regardless of province). Speaking specifically of claims regarding unpaid and outstanding mtce fees and renovation fees. I realize that each case could play out differently but interested to know if any judgments have been made and in whose favor.

Also curious if anyone has received any notice of mtce fees for 2015? We're already hitting November. Anxious to find out how much the fees have increased and whether or not another reno fee is in the works.

Hope not.
 
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Late2Game

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ERW -- you appear to be out of the loop. . . .perhaps you're not a member of the Sunchaser litigation group?

If not, I STRONGLY suggest you sign up to (1) stay informed on the matters such this, and (2) be represented in the courts should your lucky number be drawn! Otherwise you're really on your own.

Contact Geldert Law as it's not too late. . . . yet!
 

ERW

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No, I am not part of the litigation group. I elected to pay the maintenance fees and the reno fee. I know you are rolling your eyes right now but it is what it is.

When I inquired about decisions, I was not referring to any of the challenges to Northmont's right to charge lessees the reno fees. I was referring to Northmont's small claims against individual owners for outstanding fees that have not been paid. Curious if any of those claims have been decided upon by the courts (versus out of court settlements).
 

Beaverjfw

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Litigation Status

No, I am not part of the litigation group. I elected to pay the maintenance fees and the reno fee. I know you are rolling your eyes right now but it is what it is.

When I inquired about decisions, I was not referring to any of the challenges to Northmont's right to charge lessees the reno fees. I was referring to Northmont's small claims against individual owners for outstanding fees that have not been paid. Curious if any of those claims have been decided upon by the courts (versus out of court settlements).

ERW, glad to see those that chose an alternate course are still following the matter. You can be sure the outcome will have a huge impact on the resort and the owners that have chosen to stay with Sunchaser.
So far as we know there have been no judgements issued on the Claims filed. I expect that many who are being served are simply coughing up the money to make things go away. (A friend of mine who is an owner was contacted about "settling". )
The lawyer representing the group is working to get a stay on proceedings on the multitude of claims filed in Alberta and BC so that one case can be tried and be the basis for the other ones. No sense having 1000 trials as the issues are all the same. There is also the matter of the claim that has been filed against Northmont which will have a bearing on matters.
For now Northmont can't proceed with their plans to realign the resort as the Petition has not been heard.
Can hardly wait until Northmont sends out its next maintenance fee invoices. :zzz::zzz::zzz::zzz:
 

ERW

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Thank you for your insight, very much appreciated.

I too am interested to see the next round of mtce fee invoices. I have a feeling there will not be any reno fees but the mtce will be sky high.
 

aden2

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Well Northmont is at it again! Claims have been filed in Edmonton Law Courts, and the Plaintiff being Sauvageau and Assoicates.
 

Meow

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Edmonton Law Courts

Well Northmont is at it again! Claims have been filed in Edmonton Law Courts, and the Plaintiff being Sauvageau and Assoicates.

Is this information available online, similar to the B.C. Court filings?
 

Beaverjfw

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Claims Tsunami

Northmont has opened the floodgates this month, with now over 300 claims filed in November alone, just in BC. By my count we are now just over 600 filed BC claims since the end of July. I would expect similar numbers from Alberta if they are as just as aggressive in that province.
 

Late2Game

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last gasp or last grab. . .

Northmont has opened the floodgates this month, with now over 300 claims filed in November alone, just in BC. By my count we are now just over 600 filed BC claims since the end of July. I would expect similar numbers from Alberta if they are as just as aggressive in that province.

This all makes sense. . . .it's simply one last attempt to pillage and grab as much as possible before the boom comes down in the courts and puts all this to rest for good -- at least for those that are part of the group action. Until that happens, the "collector" is welcome to bully anyone he wishes into "negotiating" a settlement.

My heart goes out to those who've already settled and even more so to those who for whatever reason are still unaware of the group action underway.
 

sk8rman

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ok... this is my 1st post ever here at TUG BBS

I see this discussion thread and wonder if this kind of situation is going to become more frequent in timeshare management.

I'm not about to go thru every single post of this thread, but the gist of it seems to be that an established and quality resort went downhill (over time, for whatever reasons), was reorganized and new management/investor/oversight group unexpectedly attempts to scare/strong-arm members & individual owners into immediately footing the major bills and begins denying access. When members/owners called 'foul' the management group starts suing individuals.

Does that about sum it up?

Is this going on elsewhere?
 

aden2

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ok... this is my 1st post ever here at TUG BBS

I see this discussion thread and wonder if this kind of situation is going to become more frequent in timeshare management.

I'm not about to go thru every single post of this thread, but the gist of it seems to be that an established and quality resort went downhill (over time, for whatever reasons), was reorganized and new management/investor/oversight group unexpectedly attempts to scare/strong-arm members & individual owners into immediately footing the major bills and begins denying access. When members/owners called 'foul' the management group starts suing individuals.

Does that about sum it up?

Is this going on elsewhere?

Northmont would love to get a few default judgements before Geldert's case is heard.
 

GypsyOne

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ok... this is my 1st post ever here at TUG BBS

I see this discussion thread and wonder if this kind of situation is going to become more frequent in timeshare management.

I'm not about to go thru every single post of this thread, but the gist of it seems to be that an established and quality resort went downhill (over time, for whatever reasons), was reorganized and new management/investor/oversight group unexpectedly attempts to scare/strong-arm members & individual owners into immediately footing the major bills and begins denying access. When members/owners called 'foul' the management group starts suing individuals.

Does that about sum it up?

Is this going on elsewhere?

Yep, that about sums it up. The present resort owners have this weird idea we are the owners of the resort when it comes to paying the bills and reconstructing a poorly constructed and failing resort and they are the owners when it comes to reaping the benefits.
 

2OldFarts

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Northmont's Civil Lawsuits in Edmonton

Just filed our rebuttal to Northmont's attempt to sue us for maintenance fees, renovation fees, administration fees, and interest and was told there were 2000 cases in Edmonton alone of people who are fighting this cash grab. Just thought people should know that even those of us who have been sitting on the sidelines, feeling too old and too intimidated, are no longer sitting still.:annoyed:
 
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