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

LilMaggie

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Spark1

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tssuck

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Can anyone direct
I understand from the Merriman's that anyone who has been affected by this mess is welcome to join their Class Action lawsuit. No matter if you are options 1 or 2 from Geldert's group, or not. You should connect with them before you "actually sign your agreement to MG' settlement", after that you are double screwed because you would have agreed to the gag order and cannot be part of any other actions against Northmont and Geldert. We cannot afford to pay the amount Geldert negotiated for us, so you are right, we will continue to handle this bumpy ride until we find a better solution or declare bankruptcy. I also agree that the SIF is not a contract; Geldert opted to enter into this settlement on his own, he didn't consider if his clients had the resources to pay the extravagant amounts he agreed to pay 'on our behalf'. We should have the right to opt out of this settlement even now. The SIF is not legally binding, in our opinion, we did not agree to this settlement period. Geldert is using the threat of an automatic judgement for 162%. How can we not appeal? Why are we accepting this as our only option? Geldert keeps manipulating us like 'puppets on a string'. We wouldn't accept his BS 10, 20 years ago but unfortunately the older we get the easier is for others to take advantage of us! Reality sucks! We can't let him get away with this scam. You may not agree but we still have choices.

Can anyone direct me to a site for the Merriman Class Action lawsuit so I may look at joining in their action. Thank you
 

LilMaggie

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Can anyone direct


Can anyone direct me to a site for the Merriman Class Action lawsuit so I may look at joining in their action. Thank you
The FB post stated that the Merrimans will be retuning home on Feb 18. You will likely be able to get more info at that time.
 

MarcieL

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D day for option 1 people. The last thing I ever thought would happen in my 70's, being extorted of 36000.00. A life changer.
 

Frau Blucher

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AE7817B5-691F-4F01-886A-DDB6B236056E.jpeg
On Feb 28, Kirk Wankel receives settlement funds from Michael Geldert.

Some people might consider this a defamation of character, so ...
I apologize to Jerry Maquire
 

Attachments

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Petus@18

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If you signed the settlement agreement for fear to what can happen next, may I ask you, did you fully understand what the consent order is all about? I still don't?

IT IS HEREBY ORDERED AND ADJUDGED THAT:
1. Northmont Resort Properties Ltd. does hereby and shall have judgment against the
Defendant(s) and Plaintiff(s) by Counterclaim jointly and
severally] in the amount of$ ______ _
2. This Consent Judgment in no way derogates from the rights and remedies of Northmont Resort Properties Ltd. under the Vacation Interval Agreement(s) executed between ------ and , (the "Vacation Interval Agreement(s)") and Northmont Resort Properties Ltd. is not in any way precluded at a later date from pursuing remedy to enforce its contractual rights under the Vacation Interval Agreement(s).
3. Northmont Resort Properties Ltd. does hereby and shall have judgment against the
Defendant(s) and Plaintiff(s) by Counterclaim _____ Jointly and severally] for
interest from November 30, 2017 to the date of Judgment and post-judgment interest from the date of Judgment, on the above amounts at the rate permitted pursuant to each Vacation Interval Agreement.
4. This Order may be signed by electronic means and in counterpart.

To me this means you have to give your consent for Northmont to enter a judgement against you? I thought the judgement was automatic after default payment? Why they need your consent? Did I misunderstand why this order was attached? What about our rights to protect ourselves if Northmont does not provide us with a signed release? Was it another form attached to protect our interests? I hope you wrote on the form the day you signed and added 'signed under duress. Why 'our lawyer' is aggressively protecting Northmont's interests and not ours? We were just 'an account #'. I wonder how many hours he will ended charging us?

I doubt he will reimburse any money from our retainers. We will have to wait for his final invoice and if it doesn't make sense, perhaps we should share it with the Law Society of BC.

What about rates permitted under each of our agreements? Could this confirm that MG and Northmont have always known that each agreement is not a mirror image of the Jeke's contract? And the Hardship form is insane! A few desperate people may have completed this form, but is this legal? Did anyone check on this? I really don't know who is worst Geldert or Wankel? BFF's?

Also noted are the documents Geldert sent RE Northmont's WRITTEN REPLY OF THE APPLICANT and INTEREST AND COSTS SUBMISSIONS OF THE APPLICANT; they do not have the Court's seal stamped. He should have provided us with true filed copies.
 
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CleoB

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If you signed the settlement agreement for fear to what can happen next, may I ask you, did you fully understand what the consent order is all about? I still don't?

IT IS HEREBY ORDERED AND ADJUDGED THAT:
1. Northmont Resort Properties Ltd. does hereby and shall have judgment against the
Defendant(s) and Plaintiff(s) by Counterclaim jointly and
severally] in the amount of$ ______ _
2. This Consent Judgment in no way derogates from the rights and remedies of Northmont Resort Properties Ltd. under the Vacation Interval Agreement(s) executed between ------ and , (the "Vacation Interval Agreement(s)") and Northmont Resort Properties Ltd. is not in any way precluded at a later date from pursuing remedy to enforce its contractual rights under the Vacation Interval Agreement(s).
3. Northmont Resort Properties Ltd. does hereby and shall have judgment against the
Defendant(s) and Plaintiff(s) by Counterclaim _____ Jointly and severally] for
interest from November 30, 2017 to the date of Judgment and post-judgment interest from the date of Judgment, on the above amounts at the rate permitted pursuant to each Vacation Interval Agreement.
4. This Order may be signed by electronic means and in counterpart.

To me this means you have to give your consent for Northmont to enter a judgement against you? I thought the judgement was automatic after default payment? Why they need your consent? Did I misunderstand why this order was attached? What about our rights to protect ourselves if Northmont does not provide us with a signed release? Was it another form attached to protect our interests? I hope you wrote on the form the day you signed.

What about rates permitted under each of our agreements? Could this confirm that MG and Northmont have always known that each agreement is not a mirror image of the Jeke's contract? And the Hardship form is insane! A few desperate people may have completed this form, but is this legal? Did anyone check on this? I really don't know who is worst Geldert or Wankel? BFF's?
without prejudice Isn't it so comforting to know that your lawyer explained all of this to his clients. Excuse me......but I have to go puke. without prejudice.
 

Petus@18

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D day for option 1 people. The last thing I ever thought would happen in my 70's, being extorted of 36000.00. A life changer.

It doesn't make sense, I hope you sent your complaint to the Law Society of BC :(
 

Petus@18

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without prejudice Isn't it so comforting to know that your lawyer explained all of this to his clients. Excuse me......but I have to go puke. without prejudice.

Why did we hire this incompetent and dubious lawyer. Everything feels so wrong! :confused: I feel like puking too
 
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Shake Down

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I hope you wrote on the form the day you signed and added 'signed under duress.

For anyone that did this, MG contacted people back and said "This indicates you have not provided your informed consent to sign. without a properly executed Release Agreement Northmont will not accept your settle agreement. Please ensure we have a Release agreement on or before February 15, 2018
So if you held off to the last minute to pay, I guess your now kicked off the Geldert Island!
 

NoMas

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We ended up sending our money in, option 1, and not writing anything special on it. It was definitely signed under EXTREME duress. I'm sure when the time comes to help out on a true class action or action against MG for incompetence, "collusion" or whatever he has been up to, that it will be pretty easy to show the 'contract' was signed under extreme duress and is thus null and void.
 
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For anyone that did this, MG contacted people back and said "This indicates you have not provided your informed consent to sign. without a properly executed Release Agreement Northmont will not accept your settle agreement. Please ensure we have a Release agreement on or before February 15, 2018
So if you held off to the last minute to pay, I guess your now kicked off the Geldert Island!
Yes, I am now in this "boat". Problem in, MG has my money too....
 

CleoB

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Why did we hire this incompetent and dubious lawyer. Everything feels so wrong! :confused: I feel like puking too
Well now I am hearing after the fact how Geldert came to be our lawyer and it is not what I expected. I thought he was continuing on with the class action against Northmount and then find out that he had screwed us all in the super conference. I didn't find that out until a few months ago. I've asked for documents from him but of course he has never replied after 3 requests.
 

LilMaggie

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I used to work in a profession where we all had each other's back, unless someone did something unethical or negligent...then we would toss you under the bus faster than you could say Mike G. Perhaps there is a lawyer out there somewhere that still takes pride in his/her profession that would like to hold a (possibly and without prejudice) negligent lawyer to account. From the very beginning, many of us took the advice we were given and ended up here. Who wants to see someone held to account for this fiasco?!
 

MarcieL

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Well now I am hearing after the fact how Geldert came to be our lawyer and it is not what I expected. I thought he was continuing on with the class action against Northmount and then find out that he had screwed us all in the super conference. I didn't find that out until a few months ago. I've asked for documents from him but of course he has never replied after 3 requests.

We were never informed of so much, like mushrooms fed sh-t and kept in the dark, amid all the positive updates. I believe T.R. has the transcripts of the super conference.
 

truthr

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We were never informed of so much, like mushrooms fed sh-t and kept in the dark, amid all the positive updates. I believe T.R. has the transcripts of the super conference.
Everyone who was a Geldert client receiving updates has the transcripts of the SuperConference, although they are not obvious they are there.
 

Appauled

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Just wondering if anyone knows an answer to this, if you are unable to pay under option 1 as of yesterday and have no assets or savings, your only recourse is bankruptcy? Or is there any other option, such as, now that the deadline has past, will Northwynd Sunchaser talk to you or do you have to talk to Sauvignon Law firm or do you just have to suck it up and claim bankruptcy?
 

wagga2650

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Just wondering if anyone knows an answer to this, if you are unable to pay under option 1 as of yesterday and have no assets or savings, your only recourse is bankruptcy? Or is there any other option, such as, now that the deadline has past, will Northwynd Sunchaser talk to you or do you have to talk to Sauvignon Law firm or do you just have to suck it up and claim bankruptcy?
I wouldn't do anything just yet.Wait for judge young and see if there is a class action.
 

torqued

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We ended up sending our money it, option 1, and not writing anything special on it. It was definitely signed under EXTREME duress. I'm sure when the time comes to help out on a true class action or action against MG for incompetence, "collusion" or whatever he has been up to, that it will be pretty easy to show the 'contract' was signed under extreme duress and is thus null and void.
Sorry it came to that for you. Hope there’s some sense of an “end” for you and your family. Hope the light shines in this darkness soon.
 

Appauled

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Did anyone get the letter below the other day?


STRATHCONA

LAW GROUP LLP

Providing Direction

132 Heritage Court

150 Chippewa Road

Sherwood Park, AS T8A 6A2

(780) 417-9222

(780) 449-1222

Vincent Tong. Barrister and Solicitor

Extension 218

14 February 2018



Re: Northmont Resort Properties Ltd. timeshare litigation

You are receiving this letter because you have recently contacted our office with questions regarding your involvement in the captioned matter. Please appreciate that these inquires have been quite numerous and it has not been possible to respond to your individual inquiries up to this point.

Attached to this letter is a copy of our 18 January 2018 letter which we understood was distributed by Geldert Law to you already. That letter should have answered most of your questions.

We reiterate that we were retained by Geldert Law to act as agent in the court applications commenced by Northmont in both Alberta and in BC. If you retained Geldert Law and an action was commenced against you in Alberta, we filed a Dispute Note on your behalf. If you would like a copy of the same, Mr. Geldert has indicated that one should have been sent to you previously, but you can contact him if you have further questions.

In our argument before Assistant Chief Judge Young, we argued that Amended Dispute Notes would need to be filed. As part of her judgment, Judge Young ordered that we must file the Amended Dispute Notes for those actions where one had not yet been filed. We are still awaiting the return of filed copies of the Amended Dispute Notes. Once they have been received, they will also be sent to Geldert Law, and then passed on to you, on request to Geldert Law directly.

All of that said, please note that the Dispute Notes and the Amended Dispute Notes were all template documents. The only differences between the individual documents filed were the names of the defendants and the applicable action numbers.

Some of you have also inquired about the appeal of Judge Young's judgment. The Notice of Appeal was filed on 8 November 2017. However, for several reasons, our firm will not argue the appeal. Primarily, most of parties for whom Geldert Law acts have settled with Northmont.

Secondly, it will be difficult for our firm to argue the appeal given the findings made by Judge Young. Specifically, as Judge Young found that the continued defense of the claims amounted to abuse of the court process, it will be extremely difficult for our firm to argue the appeal without Northmont advancing the argument that the appeal is a further abuse of process.

We have taken the necessary steps to preserve the appeal by filing the appeal as well as the transcripts of the hearings before Judge Young. The next step is to speak to the appeal list from the Court of Queen's Bench, which will occur at 10:00am on 8 March 2018 at the Edmonton Law Courts. We will be attending that further hearing, but do not expect to be involved thereafter. In the event you wish to pursue the appeal on your own behalf, you should attend the hearing, or have counsel attend on your behalf.

However, note that the only parties who will be affected by the appeal are those parties who are not settling with Northmont, or who have not confirmed that they wish to continue to be represented by Geldert Law.

Note also that the appeal was filed only in Northmont v. Reid action number P 1490304333. All of the other Provincial Court claims against Geldert Law clients by Northmont were consolidated into that action, making it the sole action in which the judgment was issued, even though it applied to all Northmont claims. As a result of the consolidation Order, this was the action in which all arguments were heard. However, because the Reids have also settled with Northmont, there will need to be some procedural discussions to ensure an appeal can proceed even though the Reids will not be part of the appeal.

Given our comments regarding our continued involvement in the appeal, those who wish to 'take up the torch' should take proactive steps to ensure their interests in proceeding with the appeal is protected.

Another question that has been asked by some is whether there can be some relief from the terms of the settlement agreement reached with Northmont. For the settling defendants, the agreement is final and binding. Whilst we understand that there may be some scope for extended time to pay, which is dependent on individual circumstances, you should discuss with Geldert Law whether your particular circumstances will apply.

A further question raised by some was whether there could be relief from the rate of interest set out in the timeshare agreements themselves. If you are partaking in the settlement, then the amount to be paid is inclusive of interest. For non-settling defendants, Judge Young has not yet released her judgment on court costs and interest. However, it is expected that she will do so soon.

Finally, we reiterate that if you wish to discuss more specific questions, we are happy to do so on the basis of a separate retainer on the terms set out in the letter dated 18 January 2018.

Yours truly,

STRATHCONA LAW GROUP LLP

VINCENT TONG
 

Appauled

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Did anyone get the letter below the other day?


STRATHCONA

LAW GROUP LLP

Providing Direction

132 Heritage Court

150 Chippewa Road

Sherwood Park, AS T8A 6A2

(780) 417-9222

(780) 449-1222

Vincent Tong. Barrister and Solicitor

Extension 218

14 February 2018



Re: Northmont Resort Properties Ltd. timeshare litigation

You are receiving this letter because you have recently contacted our office with questions regarding your involvement in the captioned matter. Please appreciate that these inquires have been quite numerous and it has not been possible to respond to your individual inquiries up to this point.

Attached to this letter is a copy of our 18 January 2018 letter which we understood was distributed by Geldert Law to you already. That letter should have answered most of your questions.

We reiterate that we were retained by Geldert Law to act as agent in the court applications commenced by Northmont in both Alberta and in BC. If you retained Geldert Law and an action was commenced against you in Alberta, we filed a Dispute Note on your behalf. If you would like a copy of the same, Mr. Geldert has indicated that one should have been sent to you previously, but you can contact him if you have further questions.

In our argument before Assistant Chief Judge Young, we argued that Amended Dispute Notes would need to be filed. As part of her judgment, Judge Young ordered that we must file the Amended Dispute Notes for those actions where one had not yet been filed. We are still awaiting the return of filed copies of the Amended Dispute Notes. Once they have been received, they will also be sent to Geldert Law, and then passed on to you, on request to Geldert Law directly.

All of that said, please note that the Dispute Notes and the Amended Dispute Notes were all template documents. The only differences between the individual documents filed were the names of the defendants and the applicable action numbers.

Some of you have also inquired about the appeal of Judge Young's judgment. The Notice of Appeal was filed on 8 November 2017. However, for several reasons, our firm will not argue the appeal. Primarily, most of parties for whom Geldert Law acts have settled with Northmont.

Secondly, it will be difficult for our firm to argue the appeal given the findings made by Judge Young. Specifically, as Judge Young found that the continued defense of the claims amounted to abuse of the court process, it will be extremely difficult for our firm to argue the appeal without Northmont advancing the argument that the appeal is a further abuse of process.

We have taken the necessary steps to preserve the appeal by filing the appeal as well as the transcripts of the hearings before Judge Young. The next step is to speak to the appeal list from the Court of Queen's Bench, which will occur at 10:00am on 8 March 2018 at the Edmonton Law Courts. We will be attending that further hearing, but do not expect to be involved thereafter. In the event you wish to pursue the appeal on your own behalf, you should attend the hearing, or have counsel attend on your behalf.

However, note that the only parties who will be affected by the appeal are those parties who are not settling with Northmont, or who have not confirmed that they wish to continue to be represented by Geldert Law.

Note also that the appeal was filed only in Northmont v. Reid action number P 1490304333. All of the other Provincial Court claims against Geldert Law clients by Northmont were consolidated into that action, making it the sole action in which the judgment was issued, even though it applied to all Northmont claims. As a result of the consolidation Order, this was the action in which all arguments were heard. However, because the Reids have also settled with Northmont, there will need to be some procedural discussions to ensure an appeal can proceed even though the Reids will not be part of the appeal.

Given our comments regarding our continued involvement in the appeal, those who wish to 'take up the torch' should take proactive steps to ensure their interests in proceeding with the appeal is protected.

Another question that has been asked by some is whether there can be some relief from the terms of the settlement agreement reached with Northmont. For the settling defendants, the agreement is final and binding. Whilst we understand that there may be some scope for extended time to pay, which is dependent on individual circumstances, you should discuss with Geldert Law whether your particular circumstances will apply.

A further question raised by some was whether there could be relief from the rate of interest set out in the timeshare agreements themselves. If you are partaking in the settlement, then the amount to be paid is inclusive of interest. For non-settling defendants, Judge Young has not yet released her judgment on court costs and interest. However, it is expected that she will do so soon.

Finally, we reiterate that if you wish to discuss more specific questions, we are happy to do so on the basis of a separate retainer on the terms set out in the letter dated 18 January 2018.

Yours truly,

STRATHCONA LAW GROUP LLP

VINCENT TONG


The way I read it is IF your are OPTION 1 with Geldert, you are commited to the 26.8% Interest + 20% up to yesterday and 162% there after, as you were BULLIED to sign under EXTREME duress into OPTION 1, whatever Judge Young decides on interest and fees does not apply for OPTION 1 people?
 
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