truthr
newbie
If you are referring to #6. There shall be no cost payable in respect of this hearing.
I believe that means that neither the Petitioner nor the Respondent have to pay each other any monies with respect to the April 18th hearing.
-
TUG started 32 years ago in October 1993 as a group of regular Timeshare owners just like you!
Read about our 32nd anniversary: Happy 32nd Birthday TUG! -
TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!
All subscribers auto-entered to win all free TUG membership giveaways!
Visit TUG on Youtube! -
TUG has now saved timeshare owners more than $24,000,000 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 $24 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
If you are referring to #6. There shall be no cost payable in respect of this hearing.
I believe that means that neither the Petitioner nor the Respondent have to pay each other any monies with respect to the April 18th hearing.
It won't cost you anything if you can find a public notary to swear it for free (Legal Aid maybe?), then file it with the BC Supreme court yourself, and then go to the law office of the petitioner in downtown Vancouver and serve it yourself, and then go back to the legal aid office to get another affidavit sworn for free, and then go back to the BC Supreme Court and file your affidavit of service.
So technically, I guess it's possible that it might not cost someone who lives in Vancouver anything to respond to the petition.
You can live anywhere in Canada, and perhaps the U.S. and have your affidavit notarize for free at the court house. This
means only the cost of say xpresspost.
Judythreetimes
newbie
The more I delve into this mess, the more I want to know WHERE did all the maintenance and exchange fees go???? After talking to a few owners, and reading some Trip Advisor comments, it very apparent that not even the basic maintenance has been done anywhere over the years. Something smells rotten in all of this. I asked Revenue Canada to take a look at SunChaser, Northwynd and Fairmont. Everyone can do this, and do it ANONYMOUSLY. I want answers as to where all the money went! At this point I don't care if we lose our 2 weeks, but I sure as hell am not paying them to get out of it!
CindyD
newbie
Sunchase Update Letter Recieved this morning
We recieved a letter from Northwynd via email this morning. Do they really expect us to feel sorry for them!
We recieved a letter from Northwynd via email this morning. Do they really expect us to feel sorry for them!
Judythreetimes
newbie
CindyD
newbie
Sunchaser Update Letter
I am unable to copy the letter try this link
https://docs.google.com/file/d/1QbU...quE5f70xfkHXOlp0w-tKZS0cWJcR/edit?usp=sharing
I am unable to copy the letter try this link
https://docs.google.com/file/d/1QbU...quE5f70xfkHXOlp0w-tKZS0cWJcR/edit?usp=sharing
Judythreetimes
newbie
I need permission to access..It's okay..I can only imagine what it says. I have saved every email from 5 years ago between us and them, and thank goodness I did. This is not the first time we have had issues with them. Printed everyone of them off and sent that to the lawyer as well.
Just curious what everyone thinks will happen after this nightmare has been settled?
Just suppose that the courts find that the owners cannot be forced to pay the reno fees... I think we are left with a timeshare at a resort that is clearly becoming rundown, probably won't pull much for exchanges, and the maintenance fees will climb significantly in order to get the place fixed up.
There just doesn't seem to be a good outcome which ever way this goes.
Just suppose that the courts find that the owners cannot be forced to pay the reno fees... I think we are left with a timeshare at a resort that is clearly becoming rundown, probably won't pull much for exchanges, and the maintenance fees will climb significantly in order to get the place fixed up.
There just doesn't seem to be a good outcome which ever way this goes.
Judythreetimes
newbie
I for one want out, but I am sure in hell not paying them to get out. None of us should have to pay to get out. It is against the fair trade act.
disillusioned
newbie
I feel the same way! I think timeshares were invented to take advantage of people!
truthr
newbie
How can they send an email to some and not others? I would be very interested in reading the letter CindyD.
Judythreetimes
newbie
We have a time share in Mexico. Five years and never an issue. We get monthly updates of what is being done to keep everything up to date and for new improvements. This year we were asked to pay an extra $100 in maintenance. We get 2 new pools and a new restaurant for that. To say thanks..we got $100 gift certificate for any of their amenities. Our fees are $750 a year. With all kinds of special offers for our friends and family. That is the way a time share should be run.
Email June 1
I, too received an email this morning from Kirk Wankel, The 2 page attachment is propriety and I cannot copy it, etc. so I will briefly summarize.
The hearing on June 25th is just to set a date for a hearing of the objections. Those who haven't paid the asessments or the opt out fees by May 31st are NOW IN DEFAULT. He is the chartered accountant and didn't cause the problem. Do not take out our frustrations on his staff. They believe their interpretation of the agreement is sound.
The email says it is sent to everyone.
I, too received an email this morning from Kirk Wankel, The 2 page attachment is propriety and I cannot copy it, etc. so I will briefly summarize.
The hearing on June 25th is just to set a date for a hearing of the objections. Those who haven't paid the asessments or the opt out fees by May 31st are NOW IN DEFAULT. He is the chartered accountant and didn't cause the problem. Do not take out our frustrations on his staff. They believe their interpretation of the agreement is sound.
The email says it is sent to everyone.
truthr
newbie
Well I, for one, have not received this "email". I don't believe we can be in default for something we never agreed to.
And they keep getting the new hearing date wrong, according to the official court document of May 30th, it reads "a hearing to be set by this Court on or after June 20th, 2013". And that date is only to set a date to hear the matter.
Last edited:
Judythreetimes
newbie
Hmmmm.. I didnt get that. And I did email him with our concerns. Maybe Monday. I know there is a lot of people to reply to.
truthr
newbie
The matter is before the courts with lawyers retained by owners/lessees and they are still using strong arm, intimidation, threatening tactics. Sheesh not a way to win our confidence and cooperation.
Looks like they are trying everything and anything to get people to pay before they go belly up.
As for the Chartered accountant not being part of the problem - hello? They are the ones who have not provided audited financial statements in a timely fashion. IMO anyone associated with these guys are part of the problem.
Looks like they are trying everything and anything to get people to pay before they go belly up.
As for the Chartered accountant not being part of the problem - hello? They are the ones who have not provided audited financial statements in a timely fashion. IMO anyone associated with these guys are part of the problem.
Sunchaser has stated that owners who have not responded to their threats will not be allowed to occupy their units this year in spite of the fact that many paid their maintenance fees a year in advance. What do you believe they will do about people who booked units and then deposited them with various exchange companies? My thought is if they pull these vacations they will never be allowed to use these exchange companies again so when I saw the writing on the wall I deposited my week even though I would have preferred to use it. Just my way of saying screw you to this company.:rofl:
Love their letter this morning. I almost feel sorry that even if they are all new people in this company (not) they did such a poor job checking out the situation before taking over someone else's mess. I'm so glad they're looking out for our best interests.
I know 3 others who own at this resort. I believe one paid to get out (but used a lawyer to put the funds in escrow until they get the paperwork) , one signed up for the reason to stay program for $100 monthly, and one is just ignoring it and risking a credit hit.
Love their letter this morning. I almost feel sorry that even if they are all new people in this company (not) they did such a poor job checking out the situation before taking over someone else's mess. I'm so glad they're looking out for our best interests.
I know 3 others who own at this resort. I believe one paid to get out (but used a lawyer to put the funds in escrow until they get the paperwork) , one signed up for the reason to stay program for $100 monthly, and one is just ignoring it and risking a credit hit.
truthr
newbie
From Facebook
Someone on a Facebook site posted this and I agree -
This is the problem I have with the Letter to Stay or To Go: They are not ONLY ASKING you to make a decision on staying or going, but along with that decision you are forced into signing your acceptance of the Petition that is in the court system. It is all or nothing. The petition is Northwynd/mont/Sunchaser asking if they can legally make the unilateral agreement changes and/or removing land/buildings from the owners 'trust'. The 'trust' is there to protect us so that we do not lose our property if something (bankruptcy) were to happen. In my opinion these are 3 separate decisions and should not be lumped into one. Because of that we have retained a lawyer. If it was JUST the reno, I might be ok. If I knew what the changes to the lease contract was, I might be ok. If I knew what buildings were being removed, I might be ok. BUT they are asking me to make these decisions BEFORE the court says that they can even legally ask us and BEFORE they say exactly what buildings/land they are targeting to remove, and agreement changes they want to make. My understanding is they are asking for full authority to manage as they see fit, without considering and/or communicating with deeded and leased owners. And the people who want to have this full authority are looking to recover personal investments lost in the Fairmont Resort Property Ltd mortgage scam. And that is wrong in my opinion.
Someone on a Facebook site posted this and I agree -
This is the problem I have with the Letter to Stay or To Go: They are not ONLY ASKING you to make a decision on staying or going, but along with that decision you are forced into signing your acceptance of the Petition that is in the court system. It is all or nothing. The petition is Northwynd/mont/Sunchaser asking if they can legally make the unilateral agreement changes and/or removing land/buildings from the owners 'trust'. The 'trust' is there to protect us so that we do not lose our property if something (bankruptcy) were to happen. In my opinion these are 3 separate decisions and should not be lumped into one. Because of that we have retained a lawyer. If it was JUST the reno, I might be ok. If I knew what the changes to the lease contract was, I might be ok. If I knew what buildings were being removed, I might be ok. BUT they are asking me to make these decisions BEFORE the court says that they can even legally ask us and BEFORE they say exactly what buildings/land they are targeting to remove, and agreement changes they want to make. My understanding is they are asking for full authority to manage as they see fit, without considering and/or communicating with deeded and leased owners. And the people who want to have this full authority are looking to recover personal investments lost in the Fairmont Resort Property Ltd mortgage scam. And that is wrong in my opinion.
Soccer Canada
TUG Member
- Joined
- Jan 26, 2010
- Messages
- 273
- Reaction score
- 64
- Location
- Lethbridge, Alberta
- Resorts Owned
- Grandview Las Vegas RCI 98,000Pts X 2
I will mention that in the letter about threatening calls to his staff etc are definitely uncalled for. I know we are all frustrated and against this, but have to realize that the poor schmuck on the other end of the phone call is just an employee that is trying to do his 9-5 thing to support him/herself and their family.
The good news about all of this is it seems like we have struck the first "win" by getting them to remove the May 31st date for submissions, small victories hopefully will lead to bigger ones.
As for the Default, I will state once again that I really doubt any collection agency will take on the task of collecting a debt that is so heavily opposed and is pending litigation, this would just put that company at risk as well. So they can send "overdue" notices as much as they like, but really until a court hears the arguments (which could take month's realistically), hopefully it will put a big stint in Northwynd's Cash Flow.
The good news about all of this is it seems like we have struck the first "win" by getting them to remove the May 31st date for submissions, small victories hopefully will lead to bigger ones.
As for the Default, I will state once again that I really doubt any collection agency will take on the task of collecting a debt that is so heavily opposed and is pending litigation, this would just put that company at risk as well. So they can send "overdue" notices as much as they like, but really until a court hears the arguments (which could take month's realistically), hopefully it will put a big stint in Northwynd's Cash Flow.
Judythreetimes
newbie
I don't agree at all with people making threatening phone calls or sending nasty emails. None of that will help the situation. Sit back now, and let the law firms handle it as they see fit. That is what we are paying them for.
I agree with you on the collection agency part too.
truthr
newbie
I agree that we should not lowering ourselves to their level of threats.
Back in the day I worked for a collection agency and if memory serves me the bill has to be in arrears a certain length of time with proof that they have tried to collect it before it can go to collections or affect credit ratings. Besides that the collection agency will take a %, so I rather doubt they will go that route any time soon.
Financing Reno
I'm missing something. Are the facilities really in such bad shape that banks or lending institutions won't provide financing for the reno or is it the credit rating, I suspect the later? In our operations when major work is to be done the banks are very helpful. The reno proposed is something that normally would require long term financing. A large portion of Timeshare holders are seniors suggesting that there would be a turn over of TS users. I guess what I'm getting at is a good accountant would have naturally sought long term financing for this project rather than a quick grab for our monies. I have missed this in all Northmont proposals and our discussions certainly have not addressed this. On principal I simply don't accept the present proposal, it just is not business like.
I'm missing something. Are the facilities really in such bad shape that banks or lending institutions won't provide financing for the reno or is it the credit rating, I suspect the later? In our operations when major work is to be done the banks are very helpful. The reno proposed is something that normally would require long term financing. A large portion of Timeshare holders are seniors suggesting that there would be a turn over of TS users. I guess what I'm getting at is a good accountant would have naturally sought long term financing for this project rather than a quick grab for our monies. I have missed this in all Northmont proposals and our discussions certainly have not addressed this. On principal I simply don't accept the present proposal, it just is not business like.