servemeout
newbie
All of the contracts were posted with affidavits of Philp Matkin in 2013. Article 10 states 2% per month or $5.00 on items over 30 days, whichever is greater. This was the contract used between 1992 -97.
-
The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 30 years!
Join Tens of Thousands of other Owners just like you here to get any and all Timeshare questions answered 24 hours a day! -
TUG started 31 years ago in October 1993 as a group of regular Timeshare owners just like you!
Read about our 30th anniversary: Happy 31st Birthday TUG! -
TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!
Free memberships for every 50 subscribers!
Visit TUG on Youtube! -
TUG has now saved timeshare owners more than $23,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!
Read more here: TUG saves owners more than $23 Million dollars -
Sign up to get the TUG Newsletter for free!
Tens of thousands of subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners! -
Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!
All T-shirt options here!
[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!
- Thread starter htusa2002
- Start date
Spark1
newbie
I am not bashing Judges but what Justice Loo did was she started the race and set the pace. The way I see this is the timeshare owners of Time not the property, looked at this, she is a Supreme Court Judge and this is power so 43% cancelled and 27% paid the assessment. They did not check with their Lawyer to see if this would be appealed. After this there already was to much money that crossed the table and I believe because of this and the money was never offered back to the time owners,the other Judges in BC and Alberta followed suit. I feel every one of these cases should be a mistrial and us time owners majority Seniors never did get Justice. Geldert Law was the only Law firm that would take on this case in BC and Alberta. I also feel the Judges and the Lawyers here Know very little about Timeshare. In the USA and Mexico they Know a lot more than small populated Canada. What I seen in the court room, it was just a war between Judges and Lawyers and they just love bringing up similar cases,who cares, all us time owners want is justice and we did not get it. I will tell you a example of this,I was in the court room in Alberta and Justice Young was the Judge. I was setting right across from Michael Geldert. Justice Young started talking in a low voice,she was saying Albertan’s if they took this to court they well win and she also said and you Albertan’s are not going to pay one thin dime are you?She said this will not be fair for BC timeshare owners they will have to pay for all the costs of the resort. How many of these time owners that paid the Special Assessment we’re bond holders at the time? I asked Michael Geldert about Justice young’s comments and he said the Fair Trading ACT was brought up. When Justice Young ruled the same way as Judge Branch in BC,she was saying that Northmont’s Cancellation Agreement was legal for them to use and also our right to use, which is called a Vacation Villa Lease is no longer valid. She is saying that all the documents that my wife and I signed in 2001 and 2002 being my Promissory Note And Installment Sales Contract, the Fairmont Vacation Villas Consumer Protection Agreement and our Vacation Villa Lease are obsolete. Collin Knight signed these documents. She is also saying the Trustee legally could petition the Supreme Court of BC and enforce this Cancellation Agreement or the Special Assessment. I asked Geldert Law if this was legal and he never did answer me why? Is this legal what he did? We have to fine out? What Justice Young did was put a road block up so Albertan’s could not individually take this to court and tie up the Alberta Courts for years. This is called Justice never. Geldert Law said he was going to appeal the Justice Branch Decision and Justice Young’s and i heard he lost the appeal in BC and did he try in Alberta I never heard. Northwynd says it has the right to say all the VIA’s Prior to 2010 are the same. No they are not our contract is not a VIA it is a Vacation Villa Lease. I do not know how these VIA’s Read and I do not care,we never signed any VIA documents and they are not legal unless we sign which we never will. We have a (right-to-use) Timeshare,which refers to a Lease-like agreement. In this type of timeshare your lease expires after a specified time and you have no Property Ownership rights in the Property. With this we had the Lock off option. Northwynd took this right to use from us by using this Trustee to enforce this Freedom to Choose. Generally a contract is binding when the following is true. The parties receive some thing (eg. The company receives money and you a service)in return for their promises. All of this can be found in the Canadian Consumer Handbook. We all need to phone the Office of Consumer Affair at 1-800-328-6189 and ask them how we now can be protected as consumers of Canada because we have Know Protection in BC or Alberta. I am now investigating for the RMCP and working on where the RCMP are with the forensic audit. If you are interested in working with the Canadian anti-fraud centre Ph. 1-888-495-8501. They will give you there email address to send your documents and a file #
Spark1
newbie
If you are going to rescind the email Geldert Law sent you you should of done it by 12:00 noon today. I would send it any time today . I received this email late last night so it only gives you 12 hours to do this. This is Christmas and New Year holidays and many time owners might not be home
Just a thought.....everyone who's emailing, and faxing out letters next week all over Canada and the City should resend them everyday until we are heard, tired of being put under the rug to shut up, we need to get answers, and were running out of time. That's what I'm doing.
Spark1
newbie
OMG, I think you should go back and re-read the judgements. Geldert screwed up big time.
J's Garage
newbie
- Joined
- Oct 25, 2017
- Messages
- 36
- Reaction score
- 58
Option 1 also stated - "You support responding to the petition before the court since April 2013 to determine Northmont's ability to downsize the Resort, and steps to ensure a public discussion of the state of the Resort in 2017 that impugns Northmont's management including potential claims against Northmont and the Trustee for oppression, breach of contract, breach of duty of good faith contractual performance, and breach of fiduciary duty."
That was as important as the first paragraph. He did not deliver the terms of this election. He withdrew the group's petition response.
That was as important as the first paragraph. He did not deliver the terms of this election. He withdrew the group's petition response.
truthr
newbie
Well I guess everyone is entitled to their own opinion how ever they have arrived at that opinion.
Yes. And Kirk Wankel will have a special place in heaven.
Tanny13
newbie
- Joined
- Dec 29, 2017
- Messages
- 59
- Reaction score
- 100
- Resorts Owned
- FAIRMONT, Marriott
I have chosen to not accept the settlement. I will be speaking to another lawyer to figure out what the next step is. I believe we will have a hearing in front of Judge Young to determine interest and costs. I will likely keep my timeshare (thus avoiding at this this time whatever exorbitant fee Northmont chooses to charge to release me) and I will continue to fight for justice. I can't decide for anyone else, but I do think these scare tactics from our own lawyer are beyond reproach, and should be dealt with as well, at a later date.
KGB_527
newbie
- Joined
- May 1, 2013
- Messages
- 22
- Reaction score
- 28
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
OMG. Please.......and I believe the Earth is the Center of Universe, and Sun is moving around the Earth.
I thought for a while, that this science has been settled. WOW.
The judges repeatedly gave geldert the equivalent of a bare bum spankings. Our representative has failed us. In saying I believe he did the best he could is not a compliment. I could not be more disappointed/disgusted with our representative.
I don't think she calls herself easy prey for nothing.....I'm going with someone trying to be facetious and playing us.....
truthr
newbie
Thanks for clarifying that.
Thank God you had us all worried there for a moment.....
Just Looking Around
newbie
I wondered when the trolls would show-up to gloat.
A friend of mine is a lawyer and he says that neither side can contact the judge directly without notifying the other side first
And if you are represented by a lawyer all communication has to go through the lawyer
Well she will eventually hear about it when every Canadian official contacts her to inform her of whats happening, and their fax machines won't stop!
They've been here all along...............
I think the next step is up to those that never retained M. Geldert. They need to band together, find a lawyer and go after Northmount using the Fair Trade Act of Alberta. Something MG never did. Unfortunately I can't be part of it as I mistakenly put my faith in MG and now all his clients (and those that paid to stay) are paying and will be paying for his mistakes. That is why those that never/ever retained him need to proceed in a different matter with a competent lawyer.
Last edited:
Last month I contacted geldert. Specifically asked him why has he not pursued this matter through service ab and bc on our behalf. Never got an answer to that direct question. I voiced concerns about how it looked like we would have to pay whatever northmont was after. He advised me he would be proceding with the petition should he not achieve a settlement in the 50 % range. Now the door is closed on the petition and settlement was no where near the 50% range.
I have attempted to contact Darren Thomas at service ab , direct phone number 780 422 8046 . Got his voice mail, message says he away til Jan2. Left an urgent message for him to call upon his return.
This time share thing was no where near what we bargained for. Was supposed to be affordable. Knowing what I know now timeshares are a scam. A lot people have lost their initial investments at other time shares. Hard pill to swallow. Unfortunately, our case is special. Not only are we loosing our initial investment but are faced with paying for it about 2 times more. This appears to be unique. More than a hard pill swallow are not the first words that come to mind but the only ones appropriate for this site.
The purpose of my posts are to voice my disgust for our situation and especially how our representation handled this matter. I have reviewed all of the judges rulings and have attended some of the hearings. Again I state our representation failed us.
In response to "Just Looking Around", I do not believe my comments troll our group. Looks like northmont will be coming after me for about $20,000. That's not gloating either.
I have attempted to contact Darren Thomas at service ab , direct phone number 780 422 8046 . Got his voice mail, message says he away til Jan2. Left an urgent message for him to call upon his return.
This time share thing was no where near what we bargained for. Was supposed to be affordable. Knowing what I know now timeshares are a scam. A lot people have lost their initial investments at other time shares. Hard pill to swallow. Unfortunately, our case is special. Not only are we loosing our initial investment but are faced with paying for it about 2 times more. This appears to be unique. More than a hard pill swallow are not the first words that come to mind but the only ones appropriate for this site.
The purpose of my posts are to voice my disgust for our situation and especially how our representation handled this matter. I have reviewed all of the judges rulings and have attended some of the hearings. Again I state our representation failed us.
In response to "Just Looking Around", I do not believe my comments troll our group. Looks like northmont will be coming after me for about $20,000. That's not gloating either.
