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

[ERW]

2015 Mtce Fees

Anyone received any word on Mtce Fees for 2015? Should be out soon I would think, last year their 2014 Mtce Fee announcement came out the third week of November so they should be out soon. Curious to see what is up for next year.

 

[Beaverjfw]

Things are heating up.

Those of you signed up with Geldert are likely sorting through the massive pdf documents sent today. With hundreds of pages to review there are certainly some very interesting facts.
Only 32% of owners have elected stay and pay the reno fee and 41% have paid to cancel. The remaining 27% are those who refuse to pay their demands.
The result is Northmont has filed 2560 claims in Alberta and BC (as of Oct. 30). This number has been rising since the start of November

To me, its hard to see this resort surviving with just 32% showing they really still want to remain involved with Northmont. I expect the other 27% would be happy to have some type of settlement and be done with this company.
Of course its Northmont's intention to bail from the whole thing once they collect as much money as possible. They will then sell off what's left of the place to another buyer that thinks they can make a profit somehow.

 

[skookum]

Still very confused

For me it is difficult to sort through the legalities. I have been contacted three times by the law firm representing Northmont saying that we need to reach an "amicable" solution. I cannot pay the north of $8000 they are asking me to pay. So amicable to me is let's go back to the original asking price of $2500 or so they maybe I can figure something out. Or another option is wait it out. What are the legalities of the 27% of people who are refusing? All I know is what the law firm has told me. They are saying the resort will not bend and that they don't care because it is now a legal issue. There is no moral or common sense here, but if I have no legal ground to stand on, I am eventually going to have to pay with thousands of interest incrued.

 

[skookum]

getting in the loop

So I am brand new to this post. Thanks for all the info from everyone out there, I was trying to educate myself to see if I had any rights here or if I was to just take it. I have not signed up with (Geldert law?) and was wondering if and when the results finally come down will only the ones listed through them will be protected, or will it be a blanket decision?

 

[Anxiety123]

Call Geldart Law

If you have not already done so, try calling Geldart Law to see if you can join. I am not sure if any decision will be a blanket decision. I do know that Geldart is representing each owner inside of the Class Action Suit. In one or two of the posting here, there are email addresses and phone numbers to contact Michael Geldart. You can only try?? Before giving into Northmont and paying them. We have decided that we would fight and if we lose, then and only then will we pay. And Northmont will have to come and get it. I will not pay easily.

 

[GypsyOne]

Skookum, why have you not signed up with a lawyer? There have been lots of information on why, how, and who to sign up with. Were you trying to get a free ride - get the benefit of a court decision but let others carry the load? Of course you need a lawyer, and we need to work together. If we win you will need a lawyer for you to get a full and unconditional release from further liability; if we lose, it will be like handing this white-collar band their own personal ATM machine. So we have no choice but to appeal, as we had to do with the first Madam Loo decision in order to get justice. In the more near future, if you are with Geldert Law, he will handle any demands on you from the collection company, which is considerable peace of mind. Get signed up now, its much cheaper than the alternative.

 

[2OldFarts]

For me it is difficult to sort through the legalities. I have been contacted three times by the law firm representing Northmont saying that we need to reach an "amicable" solution. I cannot pay the north of $8000 they are asking me to pay. So amicable to me is let's go back to the original asking price of $2500 or so they maybe I can figure something out. Or another option is wait it out. What are the legalities of the 27% of people who are refusing? All I know is what the law firm has told me. They are saying the resort will not bend and that they don't care because it is now a legal issue. There is no moral or common sense here, but if I have no legal ground to stand on, I am eventually going to have to pay with thousands of interest incrued.

Skookum, my husband and I were confused as well and were considering paying what we thought was a more reasonable amount to be rid of our Fairmont timeshare. The Northmont lawyers would not bend at all, insisting that we now owed more than $12,000 whether we stay or go. They are not interested in settling anything. When we filed our papers, we were told by the court clerk at the Edmonton courthouse that there are about 2000 other cases against Northmont and that we would be contacted first about possible mediation and if necessary about a court date. We did not counter sue, asking for money from Northmont, although we feel bitter about all the money we have already given them. After many years of enjoyable holidays and an expensive upgrade to gold time so that we could take school-age granchildren, we are done with Fairmont. We will be going to court ourselves and will be our own witnesses.

 

[Anxiety123]

One your own??

Why would you try and fight these guys on your own??? Is it that you don't want to pay a lawyer $500 to help in the fight?? Don't want to help everyone else that is fighting them?? We have already helped you out with the first two rounds with Northmont but you still can't see yourselves joining in? I do not understand this mind set. Very frustrating. And yes to the person who wants to sit back and see the outcome. You will probably benefit from all the hard work others are doing for you. As most Class Actions benefit everyone as a whole not just the good folks that put out the money to fight!

 

[Meow]

Are you with us?

Well said Anxiety 123. I hope that SkooKum represents only a small minority of disgruntled lessees/owners that are looking for a free ride. The outcome of our class action is very uncertain, thus we need as many of us as possible to be on board. As we say out here - "Either you're with us or 'agin' us!"

 

[Late2Game]

Get with the program!

Well said Anxiety 123. I hope that SkooKum represents only a small minority of disgruntled lessees/owners that are looking for a free ride. The outcome of our class action is very uncertain, thus we need as many of us as possible to be on board. As we say out here - "Either you're with us or 'agin' us!"

This blows me away. We have amateurs out here trying to settle this themselves!! Do you REALLY believe you can go up against the high-powered legal team of Northmont - by yourself - and win??

By the way Skookum and 2OldFarts . . . .do you also cut your own hair? Okay, maybe that's fine. How about dental care? Do you fill your own teeth, or perhaps you just pull them out yourself after they're riddled with cavities and decay! How about brain surgery?

Northmont has very deep pockets ultimately funded with YOUR money. You don't stand a chance on your own. The old saying that "the cheap and the poor always pay twice" certainly applies here! There is definitely some faulty logic at play here when you're too cheap to pay $500 on a legal challenge to defend your rights and instead put $10,000 at RISK!!!!

Do yourself a favour and let the professionals handle this! At least you'll be able to sleep at night knowing you're in aligned with a thousand others' common interest AND you have responsible, professional representation!!

GET WITH THE PROGRAM!!!

. . .

 

[2OldFarts]

Your lawyers might want to know.

This blows me away. We have amateurs out here trying to settle this themselves!! Do you REALLY believe you can go up against the high-powered legal team of Northmont - by yourself - and win??

By the way Skookum and 2OldFarts . . . .do you also cut your own hair? Okay, maybe that's fine. How about dental care? Do you fill your own teeth, or perhaps you just pull them out yourself after they're riddled with cavities and decay! How about brain surgery?

Northmont has very deep pockets ultimately funded with YOUR money. You don't stand a chance on your own. The old saying that "the cheap and the poor always pay twice" certainly applies here! There is definitely some faulty logic at play here when you're too cheap to pay $500 on a legal challenge to defend your rights and instead put $10,000 at RISK!!!!

Do yourself a favour and let the professionals handle this! At least you'll be able to sleep at night knowing you're in aligned with a thousand others' common interest AND you have responsible, professional representation!!

GET WITH THE PROGRAM!!!

. . .

Interesting. I thought your lawyers might want to know that there is something brewing in Alberta against Northmont. If 2000 cases have been filed here in Alberta's provincial civil courts, specifically in Edmonton, there will likely be some kind of decision prior to your case in BC. Your lawyers can either build on that decision if positive or take notice of Northmont's lawyers specific tactics if negative. Either way it is a win/win for your lawyers.

 

[GypsyOne]

Interesting. I thought your lawyers might want to know that there is something brewing in Alberta against Northmont. If 2000 cases have been filed here in Alberta's provincial civil courts, specifically in Edmonton, there will likely be some kind of decision prior to your case in BC. Your lawyers can either build on that decision if positive or take notice of Northmont's lawyers specific tactics if negative. Either way it is a win/win for your lawyers.

2000 cases filed in Alberta's provincial courts is a lot of cases. The number doesn't sound credible to me. Is that a confirmed number of cases or is it speculation?

 

[Beaverjfw]

2000 Alberta Cases

The total of about 2000 Alberta cases is likely an accurate one. As of the end of October the total was over 1400 and Northmont have filed more since then.
Our lawyers are fully aware of what's happening with all the claims. Statements of Defense and Counter Claims against Northmont are filed for everyone served and represented by Geldert law.
The latest update would suggest there is likely going to be cooperation between the courts in both provinces to manage all of the claims and counter claims in an orderly fashion. Once case management meetings have been done there will be a procedure to get through these cases.
There is not going to be a quick and easy resolution to this. Those of us that have read through thousands of pages of documents, filings and affidavits so far, realize you won't stand a chance if you are taking on Northmont alone as an individual. There may be a chance you can ride the coat-tails of the large group represented by Geldert Law and benefit from the resulting decisions, but then again, you may be left out in the cold, on your own.

 

[GypsyOne]

"There may be a chance you can ride the coat-tails of the large group represented by Geldert Law and benefit from the resulting decisions, but then again, you may be left out in the cold, on your own".[/QUOTE]


All owners are eventually going to need a lawyer. If we win in the courts you will need a lawyer to get a full and unconditional discharge of liability. I can't see Northmont voluntarily giving that release if they lose the case. Rather, the timeshare owner will be in perpetual limbo, perhaps not pursued by Northmont but neither released by Northmont. Thus, the timeshare owner is vulnerable to new owners that might take over the resort and they still have these unreleased owners they can demand funds from for maintenance of the resort. If you can find a lawyer to handle this discharge in a complex case for the cost of Geldert Law, good luck. Better to be with the main litigation group and receive multiple services and legal insight for the very reasonable price of a retainer.

 

[ERW]

Well said Anxiety 123. I hope that SkooKum represents only a small minority of disgruntled lessees/owners that are looking for a free ride. The outcome of our class action is very uncertain, thus we need as many of us as possible to be on board. As we say out here - "Either you're with us or 'agin' us!"

I don't think the term "looking for a free ride" is really appropriate. Individuals that have decided not to join the class action may end up benefiting if the class action wins, but there is also a lot to lose if the class action wins. It is entirely conceivable that Northmont may go into receivership if the class action wins, in which case we will all lose. If the class action loses, there will be a lot of people that will owe a great deal of money they will have to ante up with along with interest costs, legal costs, etc. Any lawyer worth their salt will state that nothing is guaranteed in the courts, no matter how certain you are of winning. You can be morally and ethically right but perhaps not legally, as strange as that may be. If this is allowed to go to trial, it will likely be in the courts for a number of years in which time Northmont may just throw in the towel and go into receivership. What would happen to the resort at that point is anyone's guess.

My guess? I think this will be settled out of court in some fashion - perhaps an agreement to allow the class action participants to walk away with an agreed upon "exit" cost, less than that asked for by Northmont previously. But that is just my guess. And at this point, no one really knows for sure.

 

[Anxiety123]

EWR

Yes you may be correct about this going on for quite sometime or maybe there could be some settlement reached so that Northmont could make this "thorn in their side" (Class Action group) go away. If that were to happen, I would not want to be one of those timeshare owners that are "in for the free ride" as Northmont will have all the more reason to go after them---MONEY! Join us or don't join us in the fight -- good luck on your own!!

 

[aden2]

Why would you try and fight these guys on your own??? Is it that you don't want to pay a lawyer $500 to help in the fight?? Don't want to help everyone else that is fighting them?? We have already helped you out with the first two rounds with Northmont but you still can't see yourselves joining in? I do not understand this mind set. Very frustrating. And yes to the person who wants to sit back and see the outcome. You will probably benefit from all the hard work others are doing for you. As most Class Actions benefit everyone as a whole not just the good folks that put out the money to fight!

My sources in Service Alberta have stated that a Albert Government audit has been on Northmont because of all the complaints received, and there is millions of dollars not accounted for. The best advise is now to join Geldert Law, other law firms have forward there customers to this law firm. In order for those who have not joined, it will cost them more to be represented later.

 

[verby]

FYI: 2015 MF invoices coming in. Increase over 5%

 

[jekebc]

2015 Maiintenance Fee Statement

FYI: 2015 MF invoices coming in. Increase over 5%

So now we have the 2015 Maintenance Fee Statements with Northmont using their position to make a deal with the Property Manager (their associated Company) to pay a special rate of Maintenance Fees for "Inactive" units.
The timeshare contracts and the Disclosure Statement specifically sets out that all unit holders pay a specific portion of the total operating costs.
"the Proportionate Share for that Owner (lock-off unit)expressed as a fraction would be 1,000/12,581,700".
Another key example of Northmont in breach of a fundamental term of the contract.

 

[SentimentalLady]

Skookum and 2OldFarts - we who have joined Geldert receive regular, detailed updates about what's happening - but of course we are not allowed to share those.

I've read it ALL. Hundreds of pages. And while I don't always understand all the legalities of everything, it's actually fairly clear to anyone who does read it. And the more I learn, the more I am SO glad that we joined Geldert. The way Fairmont/Northmont/Sunchaser/Northwynd was all set up - it's pretty complicated for even the experts to sort out. I cannot imagine anyone seriously believing they can fight this on their own.

Realistically, on your own - you either pay to stay or pay to go. And yes, that 26% interest has been adding up fast for all of us.....but you knew that before May 31, 2013. You've had 19 months since then of dithering and hoping for the best?

It really does not matter to me what you choose to do, because there are so many of us with Geldert that I feel very comfortable. It was an end of the stress to be able to tell Sauvageau that we were represented and that was the end of the phone call. No more. And no stress when we were finally served - just turn it over to Geldert. Yes, on my own I could read the instructions and run around and pay all the fees - but what comes next? Instead, I'm stress-free and know that we are in good hands. Of course there are no guarantees of how things will turn out in the end, but I do feel confident of a WAY better result from a lawyer who's been with this since the beginning, knows what he's doing, and has the resources to do it right when he's working for over 1000 people.

I only take the time to promote joining Geldert because I feel so badly for people who are trying to go it on their own. I've heard some really sad stories, and especially feel for people who are not computer-savvy. They don't even know this group exists and that they do NOT have to go it alone.

Incidentally, people contacted "by the law firm representing Northmont saying...." - I have the feeling you don't realize you are talking to a clerk at Sauvageau and Associates, a collection agency, which has a lawyer attached to it. And that their only interest is in collecting the money Northmont has contracted them for. For the legal fight, Northmont is using Norton Rose Fulbright.

 

[Late2Game]

. . . .I only take the time to promote joining Geldert because I feel so badly for people who are trying to go it on their own. I've heard some really sad stories, and especially feel for people who are not computer-savvy. They don't even know this group exists and that they do NOT have to go it alone. . . .

There are very likely hundreds out there who are unaware of THIS forum and the timeshare owners group holding Northmont to account. Of course it's completely contrary to Northmont's interests to share the register of names and contact info of timeshare owners impacted. But it's certainly not in the interest of justice to keep these uninformed folks in the dark! This same group of uninformed timeshare owners most certainly includes a large number who have already capitulated and paid either the renovation or cancellation fee. This is indeed sad and unfortunate.

Does anybody have any ideas how to reach these uninformed timeshare owners? Or will this register become available as part of the court proceedings?

...

 

[aden2]

What really frustrates me is the fact I was misled during the Legacy for Life scam that I was conned out of $7,300 approx. and this is O.K with Northmont to send me a maintenance bill plus interest for approx, same amount $7,300. Something is wrong with how Northmont perceives right from wrong! That is why I hired Geldert Law as we are dealing with a company with absolutely no morals. They are the lowest of the lowest, cheating, lying, dishonest bandits!

 

[GypsyOne]

Geldert Law is continuing to take clients. If Northmont has their way we will become court sanctioned white collar victims. That must not be allowed to happen. There is strength in numbers. Contact Geldert Law at: sunchaser@geldertlaw.com; phone 778-330-7775.

 

[condomama]

Anything new at the end of December?

Anyone received any word on Mtce Fees for 2015? Should be out soon I would think, last year their 2014 Mtce Fee announcement came out the third week of November so they should be out soon. Curious to see what is up for next year.

Wondering if anyone who "stayed" has received a maintenance fee invoice for 2015?

 

[Lostmyshirt]

2015 Maintenance fees

My bill came to over $12K with fees, interest on unpaid past fees. I really hope they can finish this soon. Its criminal. I can't pay it.