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

[Ultimate_Betrayal]

Ok I hope everyone is still awake – YOU HAVE SOMETHING TO DO!!!

I can only assume our lawyer is preparing a contact list to provide Northmont with tomorrow.

Have you directly consented to this?

Probably not – during filling out the SIF options 1 and 2 we were asked to provide our contact info to update HIS RECORDS!!!!

I didn’t consent for my complete contact info to be passed along to Northmont and it definitely was not disclosed in the SIF email that’s what the purpose of gathering this info was for. He has a responsibility to properly inform his clients what such info is being used for – there are no assumptions.

By handing over an accurate list it will make things super efficient for Northmont which I would expect will need to be provided soon enough but this might stall things if proper consent to release our personal information needs to be done properly.

For people who have selected Option 2, fired our lawyer, or been fired themselves this is even more important for you – do you want your info and a nice list of names provided to Northmont to make their lives easy to track you down?

Get an email or fax off that has some form of timestamp on it that says you do not consent to having your personal information disclosed to any third party tonight!!!

Hopefully this will stall things for a few days to give some time for all the other things we are doing to work.

 

[Punter]

Those Timeshare Exit companies are all scam artists.

And let's face it, Sunchaser Vacation Villas are so undesirable even they will turn and run!

 

[Petus@18]

Ok I hope everyone is still awake – YOU HAVE SOMETHING TO DO!!!

I can only assume our lawyer is preparing a contact list to provide Northmont with tomorrow.

Have you directly consented to this?

Probably not – during filling out the SIF options 1 and 2 we were asked to provide our contact info to update HIS RECORDS!!!!

I didn’t consent for my complete contact info to be passed along to Northmont and it definitely was not disclosed in the SIF email that’s what the purpose of gathering this info was for. He has a responsibility to properly inform his clients what such info is being used for – there are no assumptions.

By handing over an accurate list it will make things super efficient for Northmont which I would expect will need to be provided soon enough but this might stall things if proper consent to release our personal information needs to be done properly.

For people who have selected Option 2, fired our lawyer, or been fired themselves this is even more important for you – do you want your info and a nice list of names provided to Northmont to make their lives easy to track you down?

Get an email or fax off that has some form of timestamp on it that says you do not consent to having your personal information disclosed to any third party tonight!!!

Hopefully this will stall things for a few days to give some time for all the other things we are doing to work.

Thank you very much!

 

[Spark1]

The New Consumer Protection Act protects consumers from contract changes that are done unilaterally, that a contract can be cancelled as a result.

The New Consumer Protection Act protects consumers from contract changes that are done unilaterally, that a contract can be cancelled as a result.

 

[Scammed!]

BILL 31!

 

[Spark1]

Those Exit companies are all scam artists.

And let's face it, Sunchaser Vacation Villas are so undesirable even they will turn and run!

Hello Punter have you decided when we can meet in Edmonton or Ponoka? Please let me know so we can make plans. Thanks

 

[KGB_527]

I did contact this group Timeshare Exit Team more then year ago, and when I told them the issue was with Sunchaser/Northmont, she replied, thanks but not tanks.
She said, they will not take on something that is in the courts being litigated.

 

[Palms to pines]

I have had a response by email from Alberta Law Society following my letter of last week. They will inquire about Alberta lawyers only.

 

[Ultimate_Betrayal]

I have had a response by email from Alberta Law Society following my letter of last week. They will inquire about Alberta lawyers only.

Well that's not what we wanted to here but it was only one door we had to try - still more to knock on!!!

If we have to knock on the BC Law Society's door here is their email address:


Contract British Columbia Law Society:
professionalconduct@lsbc.org

 

[truthr]

I have had a response by email from Alberta Law Society following my letter of last week. They will inquire about Alberta lawyers only.

Did you mention the fact that Barry King from Strathcona Law Group is the lawyer on record for Judge Young's Decision?

 

[Ultimate_Betrayal]

I just learned our group has an Alberta lawyer on record and it’s Barry King who Michael hired to represent us here:

Strathcona Law Group
150 Chippewa Road
Sherwood Park, AB
T8A 6A2


Please follow-up with this info with the Alberta Law Society to get them back into the game.

Sorry for not knowing this earlier as it’s all very confusing for me too – thanks for sending me that email tip to correct our course

 

[Scammed!]

KGB_527 if you need a copy of a letter ask Ultimate_Betrayal he's giving away samples, sorry I couldn't help.

 

[truthr]

For anyone who Geldert is saying he is no longer representing you because you have NOT chosen Option 1 or are opting out:
If he has not sent you a formal Notice of Withdrawal, then he or the representative he retained on your behalf (Barry King of Strathcona Law Group) is still your counsel of record and has a legal obligation to keep you informed of each step he takes which may impact you.
If he has served you with his Notice of Withdrawal, then he (and the other side) are legally obligated to provide you with notice of anything they communicate or file with the Court.
They cannot communicate with the court without letting you know about it.
In addition he has to provide you with all the documents you require to move forward and make the transition as smooth as possible for you and your next attorney.

 

[Scammed!]

These letters need to go out to The Honourable Judge L.D. Young, Prime Minister Trudeau, Minister of Justice, and Solicitor General of Canada, Minister of Justice and Solicitor General of Alberta, Attorney General of B.C, Solicitor General of B.C., Solicitor General of Alberta, Service Alberta.....to name just a few. This is no secret and there's many many more Officials to inform. Don't forget the Media! God's speed...............

 

[Palms to pines]

The key is “Micheal hired”. Micheal needs to be investigated by B.C. Law Society
.

 

[DAV]

Should we file complaints with the BC Privacy Commission?

https://www.oipc.bc.ca/media/11778/form_oipc-privacy-complaint-fippa.pdf

 

[Just Looking Around]

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.

You are right. I apologize Easy Prey. Forgive me for having mistaken your identity.

 

[CleoB]

You are right truths. Many Seniors when they bought their timeshare your contract was either a Villa Lease or deeded and in our case our contract is a Vacation Villa Lease. That means you bought a Lease for Example 40years. You have a [Right-to-use]timeshare,which refers to a Lease Agreement. In this type of timeshare your lease expires after a specified time and you have no Property Ownership rights in the Property. A[right-to-use] Timeshare may include Lockoff,and Floating Timeshare. Do not allow Northmont to move your timeshare prior to 2010 to 2010 just because of Jim Belfry or Jekes test case His contract in 2010 might of been called a VIA I have no idea. If some one has a 2010 contract is it a Lease contract? This is why i did not agree with Justice Young Decision. She then is saying the Trustee has the Right to do what he did and our choose being Lease Owners is Sign this Cancellation where you could never be released from the resort. So you pay the $3100 and GST and you could also be paying maintenance fees for each year,Lawyer fees and any thing else Northmont dreams up. That is decision number one for us. Decision number two you Lease Owners will have to pay the Special Assessment. That was not the case for Janet and Barrie Lydiatt who were Lease Owners at the Banff Rocky Mountain Resort Ltd. They paid Special Assessments for 3 years and took the resort to court and the Lydiatt won their case. This is what Judge J.T. McCarthy had to say. Are the vacationers required to pay the “Special Assessment”? “Time Share”. Though the term “special assessment” might indicate otherwise,the terms of the Agreement confirm that the Vacationers do not have “any legal interest whatsoever” in the vacation units. Why did our case take so long to resolve? This is the very same as our Lease Agreement and I hope the VIA’s read this way please let me Know. Every timeshare owner that has a lease agreement tell Northmont do not be changing our contracts. This is more than modifying. These contracts are legal documents signed and witnessed and Northmont Hands Off. We would never of bought a timeshare designed by Kirk Wankel.

I don't understand then why the legal teams involved in this didn't use this arguement. I set precedence.

 

[Just Looking Around]

This is nothing less than a legal scam given license by a fragmented legal system mired in jurisprudence minutia and decades of negligent governments. Not just the current ones, governments of all stripes too afraid to upset Developers who are also political donors. Developers are not bad, but these are very sketchy. And lets face it, they aren't really Developers are they? More like un-Developers.

Panama Papers you say? Well, maybe it's something more than a legal scam.

I'm not in this fight with Geldert's Group. I am fighting this same fight on a different front by myself. It won't be long till I am where you are now. If I ever get before a Judge, I will calmly stand and start with, "Good Day Your Honour." Then I fear I'll blurt out, "It's not a F'ng Resort! My learned friend over there represents a serial teller of untruths, a man who misrepresents facts, and a person practicing a pretense to obtain money via deception." As I am dragged from the Court Room, I'll be screaming, "They want their money for nothing. They've run all six of their properties into the ground. They ruined a 100-year-old Dude Ranch. They've sunk six houseboats. It's a pattern. They've failed in every country they've been in. It's a shell game. They sell land and buildings that are shared with a larger group, and then they keep all of the money to themselves. It's no more complex than that your Honour. Visit the property! Their pool is a square hole in the ground filled with over-chlorinated water. My brother-in-law's trailer on a weedy lakeshore in Alberta is more warm and welcoming - and he still owes me for that lawnmower. I.T.'.S ... N.O.T ... A ... R.E.S..O...R....T!"

 

[CleoB]

Will be speaking to new legal counsel this week, but the plan is to pay what’s owed - RPF and outstanding maintenance fees and the legal maximum interest allowed (4 or 5%). Costs are included in our maintenance fees so I will fight to not pay any additional costs. This total will be substantially less than what we have been invoiced. The difference is yes, we are still in, but how can Northmont ever charge any additional fees when they’ve just collected over $30 million. Then we will focus our efforts on Northmont...

Before you pay up you may want to ask your new lawyer what it will mean. Paying up usually means a person admits to the settlement.

 

[truthr]

Before you pay up you may want to ask your new lawyer what it will mean. Paying up usually means a person admits to the settlement.

How so? If a person pays up on the Agreed upon Amended Statement of Claim before a judgment is issued or even after that means they are staying as a VIA holder so not agreeing to the so called "settlement" to be released. And the way Geldert is presenting this is that anyone who did NOT choose his Option 1 is not part of the so called "settlement". And he is no longer representing them. He also seems to think that he is not only above court instructions/orders but doesn't have to abide by his profession's own Professional Code of Conduct nor Court Rules and Procedures.

 

[easy prey]

Darren at Service Alberta returned my call today. Stated nothing they can do now.
1) Has been litigated. Biggest problem.
2) too much time has passed
3)contracts were signed in bc

Today I phoned the Canadian Anti Fraud Center. 1888 495 8501. Opened a file. They do not do any investigations. All they do is collect information for agencies who may potentially do an investigations. I encourage everyone to open up a file. The lady I spoke to had a hard time looking up related files and says there weren't many. My file was opened up under northmont properties

Our lawyer lost our case in the courts of law. I believe Northmont would have a lot harder time escaping judgement in the court of public opinion. Again I encourage all of you to contact as many national media's as you can. Suggestion do one email but cc as many as you can. Some are: gopublic@cbc.ca, marketplace@cbc.ca, fifthtips@cbc.ca

 

[easy prey]

You are right. I apologize Easy Prey. Forgive me for having mistaken your identity.

Thank you. I appreciate that.

 

[Scammed!]

Darren at Service Alberta returned my call today. Stated nothing they can do now.
1) Has been litigated. Biggest problem.
2) too much time has passed
3)contracts were signed in bc

Today I phoned the Canadian Anti Fraud Center. 1888 495 8501. Opened a file. They do not do any investigations. All they do is collect information for agencies who may potentially do an investigations. I encourage everyone to open up a file. The lady I spoke to had a hard time looking up related files and says there weren't many. My file was opened up under northmont properties

Our lawyer lost our case in the courts of law. I believe Northmont would have a lot harder time escaping judgement in the court of public opinion. Again I encourage all of you to contact as many national media's as you can. Suggestion do one email but cc as many as you can. Some are: gopublic@cbc.ca, marketplace@cbc.ca, fifthtips@cbc.ca

Needs to be sent to Service B.C. To much time hasn't past we were just blindsided in the last week with a settlement that none of us agreed to. Keep going don't stop!

 

[Hotpink]

Had a very informative discussion with the Bank and our financial advisor. NM can try to collect from you and threaten all kinds of actions NONE of which will be honoured by any financial institution in Canada.
However if they take you to court and sue you for payment they cannot touch pensions, RIFFS etc EVEN if they get a judgement against you. Their ability to collect legally is very restricted, but they can badger you relentlessly without going to court. But that amounts to Huff and Puff. I am sure that Judge Young will enjoy having all these trivial civil cases on her docket considering what I heard her say to NM'S hard to hear mumbler
last year when he said he was still going to file individual claims.
All we wanted to do when they came up with the plan to renovate and realign was to say goodbye it is yours to do with as you please and turn it over to them as per our contact section 13 or in the worst case free of charge.
Thought that was the premise of the court case we all just went through collectively, but our representation got that objective confused by making an agreement for us ( without consultation with us) to pay more than the cost of our initial purchase of the lease.
Still going to follow up with Service Alberta , elected MLA's and play the Elder Abuse card as well