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Lake Okanagan Resort contract buyout

DKon

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We just got the notice for 2020 maintenance fees today (Nov 28 2019). Our fees went up 15% - a far cry from the "more than double" they threatened everyone with last year.

They also added the lease termination "offer" for $3780. Interestingly, last year's offer was $3450.
 

UK owner

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Lake Okenagan Resort
We are UK citizens living in the UK. We bought at LOR in 2002 but due to change in circumstances we asked to terminate the lease and this was done though the office at Northwynd. We don't have any documentation to support this. I now think that they only took us off the system and the lease remained in our name as after hearing nothing for over 10 years we received a letter a week ago with the offer of a buy out for $3350 but 10 years worth of maintenance fees plus interest to pay!

I got back to them straightaway and they replied by return offering to terminate the lease for $500, which we paid but this may not result in it being terminated if we don’t pay the outstanding fees. Anything over 6 years is statute barred.

I'm tempted to assume they won't chase it through the courts here in the UK but on the other hand I don’t want it hanging over us for years.

Any thoughts from those of you who are well versed in all this
 
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Sunchaser’s Fairmont
Lake OKANAGAN
We are now having a credit company come after us for our maintenance fee. This just started but they are relentless. We are ignoring them. I don’t plan on giving them one cent. We fought and lost with Fairmont/Sunchaser’s/Northmont and lost. We are making payments to them and I am done with this. Lake Okanagan told RCI to not let us use our points so why would I pay them. I am not sure why RCI would do this as at the time we were up to date with payments with Lake Okanagan. I wouldn’t step foot on their property as it is awful now. Never was that good but they conned us into buying. Our fault I know. What is everyone doing. I can’t be the only one. They should be paying us as we owned a little piece of the place.
 

servemeout

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We now have a second credit company wanting payment, which we will not be doing. Items for consideration:
1.In Alberta the Statute of Limitations changed Dec 15/2019. It is now 2 years.
2. Under the new Consumer Protection Act you have the right to request a statement of you account. We know that the original sale of LOR did NOT include the timeshares. If the accounting is not provided to you within 30 days , the collection agency must cease all collection activity and not resume any activity until accounting is provided. Refer to section 23.2(1) of the Act. We would like to know who are the present owners and how did they get ownership of the timeshares.
3. We got a letter stating that LOR is no longer sustainable as a timeshare community. Por que would we want to pay for something that is not going to exist. There is also an Act called the Fair Trading Act.
4. Judge Young ruled on the interest rate that can be charged on VIAs that predated 2004. Decision date was Feb 28,2018. Only 5% per annum can be charged.
5. It is our opinion that the termination amount ($3,350) is not realistic. There is a provision in the CPA for overcharging for goods and services.
The amount that LOR claims we owe continues to change, however we know what it is worth - tie a quarter to the contract before you throw it away, that way the person finding it has something of value. The place was a dump the last time we were there which was 17 years ago and we are sure that it is still a dump.
 

tonyhelor

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We now have a second credit company wanting payment, which we will not be doing. Items for consideration:
1.In Alberta the Statute of Limitations changed Dec 15/2019. It is now 2 years.
2. Under the new Consumer Protection Act you have the right to request a statement of you account. We know that the original sale of LOR did NOT include the timeshares. If the accounting is not provided to you within 30 days , the collection agency must cease all collection activity and not resume any activity until accounting is provided. Refer to section 23.2(1) of the Act. We would like to know who are the present owners and how did they get ownership of the timeshares.
3. We got a letter stating that LOR is no longer sustainable as a timeshare community. Por que would we want to pay for something that is not going to exist. There is also an Act called the Fair Trading Act.
4. Judge Young ruled on the interest rate that can be charged on VIAs that predated 2004. Decision date was Feb 28,2018. Only 5% per annum can be charged.
5. It is our opinion that the termination amount ($3,350) is not realistic. There is a provision in the CPA for overcharging for goods and services.
The amount that LOR claims we owe continues to change, however we know what it is worth - tie a quarter to the contract before you throw it away, that way the person finding it has something of value. The place was a dump the last time we were there which was 17 years ago and we are sure that it is still a dump.
I have a week in odd years with LOR. The collection company after me as well. I do agree your considerations. But, what are the steps to cease their activities?
 

servemeout

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In Ontario, Alberta, and Nova Scotia there is a “three strikes” rule, limiting collection agents from emailing you, leaving a voicemail, or speaking with you more than three times within a seven-day period after having an initial conversation with you. I would suggest that if you are called to get the persons' name and keep a log of the time and date you were contacted. If this rule is violated you have the right to file a complaint with Service Alberta. You also have the right to request a Statement of your account. Here is the info on the statement of account:
Accounting 23.2(1) A collection agency must provide the debtor on request with a complete accounting of all the details of the debt and, if such an accounting is not in the possession of the collection agency, the agency must request that the creditor provide it. (2) If, within 30 days after receiving a request for an accounting from a collection agency, the creditor has not provided a complete accounting of the debt, the collection agency must (a) inform the debtor in writing that it cannot provide the accounting and the reasons for it, and (b) cease all collection activity for that account and not resume collection activity until the accounting is provided. (3) A debtor may request a complete accounting only once every 6 months, unless the collection agency fails to provide the complete accounting as requested. (4) This section comes into force on March 1, 2006. AR 3/2006 s21. I would suggest that the request be both snail and email. Presently, one more contact to us will result in a complaint being filed. They are also not allowed to threaten you in any way. Remember that they have to have a court order to enforce collection. Our opinion that this is an attempt of grabbing low hanging fruit before the place slides into the lake. The agency has contacted us 4 times in the last 4 days, one more and we will be requesting the accounting and filing a complaint.
The letter from Nov 6,2018, stated that LOR is no longer a sustainable as a timeshare community and all timeshare leases will be terminate by December 31,2023. Read that to a judge.
 
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Sunchaser’s Fairmont
Lake OKANAGAN
Thanks Servemeout for all your information. I live in Edmonton as well. We have a timeshare with Vidanta in Mexico and while there we met people who are going through this as well so there are lots of us out there. There were livid with the whole scenario. I do have to say we are very happy with Vidanta. It is gorgeous and if you just stay away from the sales people you will have a great time. We already own there so don’t do the sales pitch any more. There you only pay if you are using your time. Not like Lake Okanagan and Fairmont.

I haven’t talked to the credit people yet but I \eventually will. Actually my husband wants to do it even though this nightmare is in my name. I ALSO think they are just trying to get a quick cash grab but you never know. They are crooks so you never know, I never know if it is the old crooks or new crooks. Disgusting people anyways. I don’t think l will ever get over what Northmont put me through with the Fairmont Sunchaser’s thing.
 

DJD1946

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Lake Okanagan Resort
Fairmont Mountainside
Not sure if this is good or bad for us LOR timeshare owners?
Apparently many of the facilities we thought were part of our lease are no longer part of LOR.
It might be them (LOR) breaking our lease?
Email from Okanagan Beach Club, response to my request for more info on the LBC

From: "Okanagan Beach Club" <info@obcresort.ca>
To: "doug" <doug@thedarlings.ca>
Sent: Tuesday, August 18, 2020 8:46:35 PM
Subject: Okanagan Beach Club
Hi Doug,

We took over everything on the resort except the hotel side in February this year.

Let me know if you have any other questions and have a great evening


Ryan Hargreaves
Owner

Okanagan Beach Club and Event Center
Tel: 2508785550
Web: www.obcresort.ca
 

PG1961

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I'm surprised by how many variations of leases have been used. I've seen, I believe, 11 agreements so far.
Of those 11, the ones dated before January 1995, do not have a restriction on the increase in annual use fees. Unfortunately, one from September 1994 doesn't have a limit, but yours in January 1995 does.

Then, by 2004, a whole new agreement doesn't have a limit.

Here's where things get even more complicated. There was a dispute at a very similar timeshare at Fairmont Hot Springs. The owners had leases that were almost word-for-word the same as the one lease I saw from 2004, and the company wanted to drastically increase the annual fees. The owners fought the increase, and didn't pay their annual fees while the case worked through the courts. In the end, they lost, had to pay their lawyers and the company's legal fees, had to pay their annual fees plus interest, and were still stuck in the leases.
For anyone with a recent lease, probably anyone after 2004, they should do whatever they can to buy out of the lease. Fighting is very likely to be unsuccessful, for them.
For anyone with an old lease, probably anyone before January 1995, even though the language is quite different than the Fairmont case, they're unlikely to successfully fight it, for the same reasons that the Fairmont owners lost.

That leaves the handful of people between 1995 and about 2002-2004, whose agreements say specifically that the annual fees will not increase by more than twice the annual consumer price index.
For this group, I think the options are to demand that your annual fees do not increase faster than you agreed to, but you still do not have a right to terminate the agreement before its time is up.
 

PG1961

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Yes- we have the clause which says they can’t raise our fees more than the consumer price index. So we figure why pay them a termination fee? If they really are going to terminate the leases , then we will willingly give ours up, without paying them any money.
How do I get ahold of you? can I call you PG1961 or you can call me 778 689 2521
 
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william9876

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1) I did not receive any communication letters (buy out or otherwise) during the 2014 takeover, the 2016 buyout letter, 2018 or 2019 buyout letters. Is the onus not on LOR (or associated owners) to prove they have attempted communication?

2) any updates to anything in general?
- e.g. more letters?
- are people paying?
- what is the status of people that had collection agency after them?
 
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LOR
I purchased my timeshare in 1997. It’s for a fixed week in July annually. Each year it is more difficult to deal/communicate with them.
in December of 2018 I signed a document agreeing to the conditions of option 3. I continue to pay/rent up to, including summer of 2023. My contract is over and there is no cancellation fee. that is my understanding. Can others please comment on this. I had a similar post over a year ago but no longer see it.
 
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