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

[morena]

Help with Form 67

I have downloaded the form 67 and I am unsure I would be able to fill it out correctly would be interested in a copy of a completed one
Thanks

I have printed it as well but any guidance would be appreciated. Thank you.

 

[Disappointed W]

Legal counsel is available with Mr. Geldert for $275/hourly or $1000 "All in"

I have emailed Mr. Michael Geldert. Please see the response below, as well as the email address:
<info@geldertlaw.com>
Thank you for your email. As you know, many time-share owners are working together to contest the efforts being made by Northwynd. Many of those have either retained Mr. Geldert for an all-in amount of $1,000 CAD or are being advised on an ad-hoc basis as they represent themselves at his hourly rate of $275. You may choose either option. There is not a class-action against Northwynd at this time but this will be discussed moving forward.



At Mr. Geldert's request, the following is for your review:



Your legal obligations are covered exclusively by the contract(s) you have signed. To that end, owing to the vague language in the various time-share contracts, Northwynd has initiated a court application in an attempt to confirm its ability to do two things:


1.Unilaterally amend the time-share agreements to allow them to charge owners/lease-holders for their desired renovations; and,


2.To unilaterally transfer portions of the properties currently available to owners/lease-holders outside of the Resort.



What this is really about then is their attempt to obtain court sanctioned permission to effect unilateral changes to their contractual relationship with each owner/lease-holder. It is a risky proposition however, because should they fail to do so they will not have the legal standing to effect what they are currently proposing to do.



Mr. Geldert is advising every owner/lease-holder to prepare submissions in reply to this court application. He is also advising that our firm be provided an opportunity to review those submissions to ensure they are ready to be filed with the court and served on Northwynd. Full copies of the associated court documents can be obtained on the Sunchaservillas.ca website should you wish to review the entire package of documents.



Should you retain Mr. Geldert, he will assist you in preparing, filing and serving the necessary submissions. He will also canvas the legal arguments that are available, including, most readily, that what Northwynd is proposing to do fundamentally alters the Agreement(s) and prejudices the rights of the owners/lease-holders.



If you are interested in retaining Mr. Geldert please complete and return the attached information sheet to me by email to (patricia@geldertlaw.com) along with copies of (2) pieces of government issued identification. We would ask that you also provide us with a copy of your time-share agreement and the most recent correspondences that relate to it. Once in receipt of these documents I will schedule a time for you to speak with Mr. Geldert on the phone to confirm the foregoing.





Kind Regards,






Patricia Maiato, Legal Assistant




T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw.com

2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4

 

[Spark1]

I have emailed Mr. Michael Geldert. Please see the response below, as well as the email address:
<info@geldertlaw.com>
Thank you for your email. As you know, many time-share owners are working together to contest the efforts being made by Northwynd. Many of those have either retained Mr. Geldert for an all-in amount of $1,000 CAD or are being advised on an ad-hoc basis as they represent themselves at his hourly rate of $275. You may choose either option. There is not a class-action against Northwynd at this time but this will be discussed moving forward.



At Mr. Geldert's request, the following is for your review:



Your legal obligations are covered exclusively by the contract(s) you have signed. To that end, owing to the vague language in the various time-share contracts, Northwynd has initiated a court application in an attempt to confirm its ability to do two things:


1.Unilaterally amend the time-share agreements to allow them to charge owners/lease-holders for their desired renovations; and,


2.To unilaterally transfer portions of the properties currently available to owners/lease-holders outside of the Resort.



What this is really about then is their attempt to obtain court sanctioned permission to effect unilateral changes to their contractual relationship with each owner/lease-holder. It is a risky proposition however, because should they fail to do so they will not have the legal standing to effect what they are currently proposing to do.



Mr. Geldert is advising every owner/lease-holder to prepare submissions in reply to this court application. He is also advising that our firm be provided an opportunity to review those submissions to ensure they are ready to be filed with the court and served on Northwynd. Full copies of the associated court documents can be obtained on the Sunchaservillas.ca website should you wish to review the entire package of documents.



Should you retain Mr. Geldert, he will assist you in preparing, filing and serving the necessary submissions. He will also canvas the legal arguments that are available, including, most readily, that what Northwynd is proposing to do fundamentally alters the Agreement(s) and prejudices the rights of the owners/lease-holders.



If you are interested in retaining Mr. Geldert please complete and return the attached information sheet to me by email to (patricia@geldertlaw.com) along with copies of (2) pieces of government issued identification. We would ask that you also provide us with a copy of your time-share agreement and the most recent correspondences that relate to it. Once in receipt of these documents I will schedule a time for you to speak with Mr. Geldert on the phone to confirm the foregoing.





Kind Regards,






Patricia Maiato, Legal Assistant




T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw.com

2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4

I was just at my Federal MP's and I went over what Northwyn was proposing to do and they felt I should contact everyone that we know that has timeshare at the same resort and report it to the Canadian Anti Fraud Centre at 1-888-495-8501.

 

[Spark1]

I am reading all the posts and considering my options and the more I read the more convinced I am that this is a scam. Nobody mentioned this previously but I found information that they have sold there 14900 shares, and they are charging us all the "renovation" fee. I did very quick and "dirty" calculations. I assumed that not all people own the full share and there are some owning just the bi-annual timeshare. Considering that the full owners pay between $4000 and $4400, and bi-annuals are paying between $1800 and $2300, I assumed average "renovation" fee at $3000 (and I think this is the low end), and multiplied it by the number of leases (14900) and I got almost $45 millions...Whoa, nice chunk of money...it is much more than their requirements for the reno...I am inclined to less and less trust them. Crappy situation. Best of luck to all of us!

They breached this contract but sending out this renovation bill which is not part of our agreement. The court case is on june20/2013. They also have not sent out audited financial statements my march 31 of each year.

 

[Spark1]

So if they lose in court, that would be good - except that Northwynd will then close the resort?

Can you believe that this BC court judge would rule against 15000 timeshare owners changing our original agreements that we signed with fairmont vacation villas. To me that would be illegal. Buy this judge ruling in favor we would have a bill of 28 to 40 million. In my opinion I do not feel he or she would do this.

 

[condomama]

other court cases pending?

I've just finished reading - or skimming in some cases - very extensive articles posted online about Rancho Banderas and Makaha Resorts, concerning the many isssues brought forward by unhappy owners shortly after Fairmont/Northwynd took over. In quite a few of those articles, disgruntled owners indicated an interest in going to court to challenge these decisions and to try and recoup their losses. That was several years ago in both cases. Does anyone know if there has been any recent activity? Is it possible there are still court cases pending that Northwynd has to fight in addition to this current situation? Thanks.

 

[THE AVENGER]

trusts

Does anyone have any idea what the conditions of the lawyer's trust accounts are? The renovation trust is to renovate the resort but what are the specific plans after they pay themselves for their personal investment they made in the company via FRPL (there won't be a cent left to renovate anything)? There has not been one word as to where the trust monies from the by-out monies will go.

 

[Meow]

Form 67

Should we all individually file Form 67s? Do we require a lawyer to do the filing or can we do it ourselves? The form seems a little complicated for a layman.
Would appreciate some guidance from anyone who has gone through the process. This whole mess is doing a number on my blood pressure!

 

[CindyD]

More Money out the door

Wow this seems like it is going to get bigger and more messy, lawyers turning away clients I have never heard of that. It seems like every where we turn someone has their hand out asking for more money! What happens if we just wait, take my timeshare its not worth anything! Form 67 who can understand it what is it going to protect me from?

 

[dotbuhler]

I, too, think this is a classic "Bait and Switch"! We were suckered out the minute we walked in there. I will have MY day in court. Therefore I refuse to pay this blackmail to these criminals. There has been far too many changes since the origional purchase 20 years ago. The origional lease party seems to have fallen off the face of the earth. I do not consider myself in any way, shape, or form bound by these upstarts. I will fill out the form, and I encourage everyone else to do so, as well. Outside of a sit-in or march, what other way is there to communicate our distress?

 

[dotbuhler]

I think contacting the Anti-Fraud Centre is important. Than you for the contact number. The ombudsman would be a good choice, if we still have such a creature...AND don't forget the Better Business Bureau! They can jerk Northmont's chain, as well. Use the media and whatever else to expose these scumbags! In the words of Red Green, "We're all in this together!"

 

[Tacoma]

The person who is linked in post 140 the belfry's seems to still be taking clients. I don't know the costs yet but he just contacted me again and said he is up to 200 clients. So it might not be too late to get representation.

Joan

 

[Spark1]

The person who is linked in post 140 the belfry's seems to still be taking clients. I don't know the costs yet but he just contacted me again and said he is up to 200 clients. So it might not be too late to get representation.

Joan

This northwynn got away with all kinds of illegal stuff at the Rancho Banderas in Mexico. Profeco which is their consumer affairs department for tourist and locals are just swamped with this stuff. Now they are going to try their illegal stuff in Canada. We have to stop them.

 

[morena]

Contact Mr. Belfry. His e-mail is listed here. He has 92 people signed so far to challenge this.

My fear is after they collect all the cancellation money they will then file for bankruptcy as took place several years ago at Canmore!

I don't understand who Mr. Belfry is. Is he an owner organizing a class action suit or is he a lawyer taking clients?

 

[mmchili]

Your lawyer is giving you bad advice. The court case allowing Northwyn to charge these high renovation fees will not be through the court until June 20/2013. Northwyn is trying to get the worthless timeshare people to build them a new resort. Hire khamilton@kelliehamiltonlaw.com

Fairmont Mountainside Vacation Villas
http://mountainsidevillas.com/

***NOTICE TO OWNERS***
IT HAS BEEN BROUGHT TO OUR ATTENTION, KELLIE HAMILTON LAW CORPORATION HAS LISTED US (MOUNTAINSIDE VACATION VILLAS) AS PROPERTY OWNED BY NORTHWYND PROPERTIES REAL ESTATE INVESTMENT TRUST. THIS IS NOT THE CASE, WE HAVE NEVER BEEN AND WILL NEVER BE AFFILIATED WITH NORTHWYND. WE HAVE BEEN LISTED ON HER WEBSITE AS WELL AND SHE HAS BEEN INSTRUCTED BY OUR GENERAL MANAGER (DAVID DUPONT) TO REMOVE IT AND SUBMIT A RETRACTION.

 

[CindyD]

Anti-Fraud Center

I have contacted the Anti-Fraud Center and they have taken the information and they will look into it. I am also preparing information to send to the media ex Global BC, CTV and Marketplace perhaphs if we put pressure on them they will stop all this.

 

[Spark1]

Supreme Court of BC

I have contacted the Anti-Fraud Center and they have taken the information and they will look into it. I am also preparing information to send to the media ex Global BC, CTV and Marketplace perhaphs if we put pressure on them they will stop all this.

I also phoned the Canadian Anti-fraud Centre at 1-888-495-8501 and they give you a file number and have you fax all the information to them . Also I have contacted BBB Calgary at 403-5318784. They also said they are getting a lot of calls and Northwynd only has a D minus rating. Everyone that is affected should try to make these calls if possible.

 

[Tacoma]

I just got a detailed response from The Belfry's (post 140). Seems like he is an owner who is spearheading people to work together to fight this. He wants $50 now to consult a laywer and said we may need to put in more for the court action on June 20th. He has already talked to both lawyers recommended on this site and feels one is more in tune with what is happening than the other. Based on his response I will be sending my cheque for the advise. Wish I hadn't booked this summer since if I don't pay the renovation fee I doubt my guests will get to stay there. Hate to pour more money into a sinking ship but would like to get this year's usage since I paid for it.

I really agreed with his statement don't give them any more money until we get a court order telling us to. It could be worse it could be whole ownership. Again the audacity to order us to pay before they even have permission from the courts to put this through.

Joan

Joan

 

[Chilliaces]

What to do?

Of approx. 15000 owners, is there not at least one or more lawyers that could at least give some insight or advise?

 

[ERW]

Unfortunately this is all a little over-whelming for the average timeshare holder. I believe that if enough opposition is delivered to the courts, it would be very difficult for a judge to rule in favor of Northwynd being allowed to make such significant changes to the contracts of some 15,000 timeshare holders. Unfortunately, the courts can and do make some very convoluted decisions at times.

I haven't looked at the Form 67 yet - has anyone here completed the form and sent it in yet?

 

[mmchili]

ERW

Look on the Sunchaser website and review the 'Response to Petition' by Northmont which shows the format to complete your Form 67 (Response to Petition). Print out Form 67 and compare it to Northmont's response and you will find it also follows Form 67 .

 

[condomama]

Court actions can take months, even years to conclude. The May 31 deadline looms; we might have to make up our minds long before we see a conclusion to this. So I'd lilke some clarification if possible from those who understand the legal proceedings and these posted petitions better than I:
- Is the judge considering his ruling now, and the June 20 court date will hear the judge's decision brought down yea or nay for the preceeding petitions?
- Or is this June court date just another 'cog in the wheel' to further discuss the ongoing arguments before the court? If that is the case, then a judges' decision - permission granted or not - could still be many months away, and by waiting past the May 31 deadline, even holding off within 90 days as some have said we could - our opportunity to get out may disappear. Thanks for clarifying the June 20 decision point.

 

[Undecided62]

Decide or be delinquent

As an owner, I called the Sunchaser office to find out if I lose use of my reserved week this coming July, if I don't make a decision before May 31st.
I was informed (and I'm paraphrasing) that if I do not make a decision and select either option of "paying the reno fees in whole or in part", OR "paying the freedom to choose option and leave" before May 31st, 2013, that my account will be shown delinqent, and I will not be allowed access to my unit in July. I paid my regular maintenance fees to make the reservation, but now I'm being forced into a $4000+ decision before I can use the reserved week.
I asked why I was being treated differently than say an owner who booked, paid for, and used a week in March of 2013? They paid the same fees I did and they got to use their week. Now that I have another bill, (timing is a bugger....) suddenly I have to fork out way more cash just to use this week? I certainly haven't decided what the heck to do....but sure considering walking away. I'm afraid that if I select the Freedom to Choose and leave, and pay my way out, that those of you who are left will have hefty bills in the future. What's the saying..... looks like a, smells like a, must be a.... It's too confusing.

 

[DarkLord]

What's the saying..... looks like a, smells like a, must be a.... It's too confusing.

I said it before that Northwynd's highhanded approach of threaterning the owners means something. For this is no normal business behaviore. When you are considering your option, ask youself this question, why an alledgely trust company that was supposed to look after the owners' (trustees') interest chose to threatern the owners?

 

[EvaS]

New to this blog

Hi all,

I am new to this blog. The cancellation fee in my case is about $5400, yak. Of course I am not happy with this and want to fight that decision. I already call Kelly Hamilton but she didn't call me back. Please for more info, I am going to join that petition.

1. do I have to get help from lawyers in order to fill the form 67? or there is a sample available?

2. do I have contact any lawyer or I just fill the form and submit to the court?

Any other information is appreciated.

Thanks,
Eva