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

[Saving Grace]

We need to dispute them ASAP as the Claim was filed way back in 2014. I think NM was just too busy with the Test Case so they spared us for the past but once the "collection" procedure is done, they will come chase us...we've decided to stand up for ourselves in Court...we pray every day that God would grand us peace of mind and wisdom to deal with this and we pray for our fellow Lessees too ...most importantly we have to keep calm when we face them in Court, we can't afford to be emotional, only facts and truth can help us win our case and truth is on our side. As my husband said they lied to the Court and it's a serious offense.
Although we are not among the 76, we are all in the same boat and we give respect to all of you for your bravery and courage to keep on fighting this injustice.

 

[Petus@18]

We did a search at the Civil Court after the Mar 8 hearing and found that NM had filed a Claim against us in 2014. They duplicated the Claims and doubled up the remedy sought, they also submitted false statement to the Court claiming we had entered into several of the Agreements but in fact we only had the Vacation Villas Agreement signed in 1994. We are filing our dispute note on Monday based on 1) Fundamental Breach of Contract by unilaterally changing the Agreement, 2) Oppressive, Excessively One-sided Condition & 3)Undue Pressure/Influence....in our notes, we wrote "The settlement deadline of Feb 15 had jumped ahead of the judge's decision on interest rate of Feb 28 and had successfully collected settlements with 26.82% interest across the broad from 90% of the "Test Case" Lessees in Alberta. Isn't it logical to conclude that such a move was with malicious intent to induce undue pressure/influence??"

If you didn't sign the settlement agreement filing a dispute note and counterclaim (as suggested by Aden2 earlier) against the civil claims Northmont filed is the way to go if you are not part of the appeal. Many will be self-representing themselves as well. For those who settled, the civil claims are being discontinued. Since Northmont has sent the releases two months ahead of time, they may file discontinuance of actions right away to prevent further disputes. If you are filing a dispute before Northmont file a discontinuance, you should do it asap, include fresh evidence to your defense facts.

 

[MarcieL]

Since Northmont has sent the releases two months ahead of time, they may file discontinuance of actions right away to prevent further disputes.

Would this mean option 1 people could not appeal? My knowledge of the law is lacking but is increasing after these few months.

 

[LilMaggie]

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

I'm still wondering who received one of these letters.

 

[owner1]

Why do you assume that Northmount has released people that didn't pay the settlement fee?

The document they have posted is releasing your units from an agreement with Interval (the timeshare trading company). It is NOT anything to do with your timeshare contract with Sunchaser.

 

[Been Around Awhile]

Thanks Kirk.

#NAFR

 

[Saving Grace]

If you didn't sign the settlement agreement filing a dispute note and counterclaim (as suggested by Aden2 earlier) against the civil claims Northmont filed is the way to go if you are not part of the appeal. Many will be self-representing themselves as well. For those who settled, the civil claims are being discontinued. Since Northmont has sent the releases two months ahead of time, they may file discontinuance of actions right away to prevent further disputes. If you are filing a dispute before Northmont file a discontinuance, you should do it asap, include fresh evidence to your defense facts.

Can't agree more!

 

[Saving Grace]

ir

I'm still wondering who received one of these letters.

The termination notice is based on the VIA wherein NM has the right to issue a termination notice after 90 days of default. I think their intention is to take all the land back first, with this notice, they have concluded the necessary step to remove those units from everyone. Their next step more than likely is to come after the outstanding balance (as they claim) from us all.

 

[truthr]

I'm still wondering who received one of these letters.

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

In as much as I can appreciate peoples' curiosity surrounding this and other things that are shared, please consider that with all the fear mongering, coercion and threats over the past few years some people prefer to remain anonymous. We should be grateful that they at least have shared something they have received that could potentially affect and/or assist us.

I did not receive this letter directly from Northmont, however I personally know people who have and they are legitimate and NO I will not reveal those who wish to remain anonymous.

 

[MarcieL]

The document they have posted is releasing your units from an agreement with Interval (the timeshare trading company). It is NOT anything to do with your timeshare contract with Sunchaser.

No, read Truth's post again. Some people have received notice, others not that their VIA has been terminated and they are responsible for their latest invoice.

 

[LilMaggie]

In as much as I can appreciate peoples' curiosity surrounding this and other things that are shared, please consider that with all the fear mongering, coercion and threats over the past few years some people prefer to remain anonymous. We should be grateful that they at least have shared something they have received that could potentially affect and/or assist us.

I did not receive this letter directly from Northmont, however I personally know people who have and they are legitimate and NO I will not reveal those who wish to remain anonymous.

I am most certainly grateful to everyone who has shared information over these past months. I was not asking for names. It is useful to know if it is Option 2 folks, Option 1 folks who didn't pay...like that.
Also, just enough was shared to get people sniping and upset. How does this help us?

 

[truthr]

I am most certainly grateful to everyone who has shared information over these past months. I was not asking for names. It is useful to know if it is Option 2, Option 1 who didn't pay...like that.
Also, just enough was shared to get people sniping and upset. How does this help us?

How does this help us? Well it certainly indicates NM's conceivable intent to get rid of us one way or the other and if that was/is their intent why did they not just activate the "termination" clause in our contracts (I know different contracts, different termination clauses). Could be because they would have had to pay us money instead of the other way around?

If they had executed those clauses when we were first "delinquent" we would not have been put through this mess for all these years and been labelled the "abuse of process/vexatious" ones and been forced to pay out HUGE sums of money.

 

[servemeout]

From what I have been reading, the letter that Truth posted terminates the arrangement with Interval International. Not sure if that is correct or not. The ones that did not pay the ransom probably do not care as they have has nothing to trade, but the ones that paid to stay and only have II membership - what's the expression about being with out a paddle? We agree that this has been a land grab from the start. What a deal, get the suckers to pay for renovations and then take away the ability to exchange. Who would do such a thing? Someone that would profit by more VIA leases being turned over. When will the tie be cut with RCI? Here is a quote from one of the communication sent to us "For each timeshare interval or RCI conversion sold, 50% of the sale price will go to RVM to help with the operation of the resort. In line with our new vision, if we provide our owners value for their money, everyone wins." How many do not feel like a WINNER?
Handy definition for this situation:
B.S - we all know what that means
M.S - more of same
Ph.D. - piled high and deep

 

[truthr]

From what I have been reading, the letter that Truth posted terminates the arrangement with Interval International. Not sure if that is correct or not. The ones that did not pay the ransom probably do not care as they have has nothing to trade, but the ones that paid to stay and only have II membership - what's the expression about being with out a paddle? We agree that this has been a land grab from the start. What a deal, get the suckers to pay for renovations and then take away the ability to exchange. Who would do such a thing? Someone that would profit by more VIA leases being turned over. When will the tie be cut with RCI? Here is a quote from one of the communication sent to us "For each timeshare interval or RCI conversion sold, 50% of the sale price will go to RVM to help with the operation of the resort. In line with our new vision, if we provide our owners value for their money, everyone wins." How many do not feel like a WINNER?
Handy definition for this situation:
B.S - we all know what that means
M.S - more of same
Ph.D. - piled high and deep

Please read the actual letter that I posted and will upload here once again - it is NOT from Interval International - it is from Sunchaser/Northmont Resort Properties and it is to terminate the VIA contract with them, not Interval International.

 

[newname]

aden2 I need to talk with you pleas e-mail alan.wilson@yourlink.ca

 

[SuperBar]

Good afternoon everyone,

I have been following this thread for quite sometime though not contributing as there wasn't much I could add to the already resounding chorus of anger and frustration over how things have transpired over the past years but especially over the past few months. I want to personally thank those of you who have been so active in fighting this and looking for answers and have taken the time to share on this forum. It was based on the feedback of those on this thread that I become aware of and eventually joined the group using Geldert Law to fight NM. I too found myself increasingly discouraged and confused by the strategic approach and what transpired in the courts as a result. After much deliberation and in the face of dire consternation I choose Option 1 as I felt, as many other have expressed on this thread, that paying the extortionate amount and being free was better than facing the unknown future.

Leading up to that February deadline I was frequently checking this thread to see if there were any glimmers of hope or more importantly, definitive actions that would result in not having to pay. Alas there was nothing substantial and the cheque and papers were sent at the 11th hr.

I have received my email from Norton Rose Fulbright via Geldert that my VIA has been terminated.

Over the past day or so I have caught up on the posts on this thread and I'm cautiously bouyed by the fact that there is a legitimate opportunity to gain redress against the perpetrators of this extortion. Having said that I am currently confused by what the impact of this appeal process,who it may actually benefit and what steps are required by each of to ensure our participation in the ongoing fight.

As I see it there continues to be 3 distinct groups of people: Group 1 - Option 1 (people who continued to retain Geldert and participated in the Settlement Agreement; Group 2 - Option 2 (people who dropped Geldert and decided to pursue on their own); Group 3 - people who were never part of Geldert and who decided to fight on their own. Of course within these groups we also have the geographical groups (BC litigants, Alberta litigants, US litigants, and others).

Is it possible to one of who has the very good grasp on things to summarize what impact this current appeal process has on each of these groups and what course of action is required or even available to each including the implied time constraints if we need to be a part of the appeal? To be honest the disjointed nature of this forum can make it difficult at times to distill the facts from the conjecture.

Thanks again to all those who are contributing and willing to fight the good, and just fight.

 

[Notwhatweweresold]

The document they have posted is releasing your units from an agreement with Interval (the timeshare trading company). It is NOT anything to do with your timeshare contract with Sunchaser.

What gives you the idea the letter posted by Truthr is about Interval International? II is not even mentioned. My read of the letter is NM has terminated the lessee(s)' interest in the VIA(s) to which the statement pertains.

 

[Floyd55]

Good afternoon everyone,

I have been following this thread for quite sometime though not contributing as there wasn't much I could add to the already resounding chorus of anger and frustration over how things have transpired over the past years but especially over the past few months. I want to personally thank those of you who have been so active in fighting this and looking for answers and have taken the time to share on this forum. It was based on the feedback of those on this thread that I become aware of and eventually joined the group using Geldert Law to fight NM. I too found myself increasingly discouraged and confused by the strategic approach and what transpired in the courts as a result. After much deliberation and in the face of dire consternation I choose Option 1 as I felt, as many other have expressed on this thread, that paying the extortionate amount and being free was better than facing the unknown future.

Leading up to that February deadline I was frequently checking this thread to see if there were any glimmers of hope or more importantly, definitive actions that would result in not having to pay. Alas there was nothing substantial and the cheque and papers were sent at the 11th hr.

I have received my email from Norton Rose Fulbright via Geldert that my VIA has been terminated.

Over the past day or so I have caught up on the posts on this thread and I'm cautiously bouyed by the fact that there is a legitimate opportunity to gain redress against the perpetrators of this extortion. Having said that I am currently confused by what the impact of this appeal process,who it may actually benefit and what steps are required by each of to ensure our participation in the ongoing fight.

As I see it there continues to be 3 distinct groups of people: Group 1 - Option 1 (people who continued to retain Geldert and participated in the Settlement Agreement; Group 2 - Option 2 (people who dropped Geldert and decided to pursue on their own); Group 3 - people who were never part of Geldert and who decided to fight on their own. Of course within these groups we also have the geographical groups (BC litigants, Alberta litigants, US litigants, and others).

Is it possible to one of who has the very good grasp on things to summarize what impact this current appeal process has on each of these groups and what course of action is required or even available to each including the implied time constraints if we need to be a part of the appeal? To be honest the disjointed nature of this forum can make it difficult at times to distill the facts from the conjecture.

Thanks again to all those who are contributing and willing to fight the good, and just fight.

Very well stated. I am option 1 also and have similar questions. I paid the extortion as required because I didn't dare face the possiblity of being forced pay even more down the road. But if this appeal process could possibly reverse some of this injustice there would be hundreds of us in option 1 who would want to join in. Hopefully this will all become more clear in the near future.

 

[tssuck]

Very well stated. I am option 1 also and have similar questions. I paid the extortion as required because I didn't dare face the possiblity of being forced pay even more down the road. But if this appeal process could possibly reverse some of this injustice there would be hundreds of us in option 1 who would want to join in. Hopefully this will all become more clear in the near future.

We are of option 1 that did not pay. To date we have received no communication from NM, MG, Virtue or King.

 

[Ultimate_Betrayal]

Please read the actual letter that I posted and will upload here once again - it is NOT from Interval International - it is from Sunchaser/Northmont Resort Properties and it is to terminate the VIA contract with them, not Interval International.

This letter that Truth received and posted for all of us is a very important piece to our puzzle - my assumption is this is probably not the only one that was sent out.

Collectively we are a network of people with different people we can reach out to personally or via other social media platforms such as those private Facebook groups different people belong too - please grab a copy of the letter and share it. Ask your network of people if they have received this and if not ask them to send it to their network of people - let's try and reach out to as many people as we can.

What would be important to find out is if there are more people who have received this and also when they received it is going to be very important - if we can track down other people we might be able to see a pattern and some may also be willing to share this. Moving down the road if this can be submitted as evidence it becomes very important as this is "new evidence" we all need for an appeal.

What this shows me and I would hope shows the Court is Northmont's goal was all about terminating Vias so they could get out of being a timeshare business and reclaim the land/buildings. If that is the case this should have been done in 2013 or 2014 for all the people who apposed the renovations and realignment as an option when we contested the cost to leave instead of allowing 5 years of interest and maintenance to accrue which is now just a bonus to Northmont and Geldert at our expense as a result of how badly Geldert represented us.

We could make a very strong case that Northmont should not be able to be the beneficiaries of our via's at our expense, 10's of millions of bonus dollars, and the land which would be free and clear for them to do as they please - the scale of who benefits from our Via terminations is so far tipped to one side it's completely prejudicial to us all no matter what group you are in.

 

[Bewildered]

We are of option 1 that did not pay. To date we have received no communication from NM, MG, Virtue or King.

Option 1 means you paid to get out.

 

[NeverNeverAgain]

Option 1 means you paid to get out.

I am not an expert, but I take option 1 people as those that retained Gildert for the settlement. Within option 1 people are two groups, those that actually paid to settle (120%) and those that did not pay the settlement (168% on consent judgement). There are also another two groups of option 1 people, those sued in BC (no further court action in process) and those sued in Alberta (still maybe have the appeal going). This makes 4 sets of option 1 people. Everyone should figure out their exact situation to know if the information/advice provided is relevant to their situation. The next plan of action for most is still unclear to me.

 

[Punter]

If I were to guess the reason that Sunchaser sent the "Notice of Termination of Vacation Interval Agreement", it would be for the purpose of gaining 66 2/3 % of the total number of VIA's. When they have that percentage of NAFR, they can then direct the Trustee, Mr 'Conflict of Interest' Matkin, to realign the resort.

I would also guess that they sent these out to 'delinquent' lessees that were not part of the Geldert group.

It's just my guess. Perhaps owner1 can enlighten me. I'm not distracted by the "Interval International" red herring.

 

[truthr]

If I were to guess the reason that Sunchaser sent the "Notice of Termination of Vacation Interval Agreement", it would be for the purpose of gaining 66 2/3 % of the total number of VIA's. When they have that percentage of NAFR, they can then direct the Trustee, Mr 'Conflict of Interest' Matkin, to realign the resort.

I would also guess that they sent these out to 'delinquent' lessees that were not part of the Geldert group.

It's just my guess. Perhaps owner1 can enlighten me. I'm not distracted by the "Interval International" red herring.

Totally agree with the first paragraph.

Second paragraph partially correct, partially incorrect.

I am not an Option 1 but can certainly enlighten you. The letter has nothing to do with the company Interval International (the letterhead is Sunchaser/Northmont) From what I have been told by many is that even those who are no longer associated with Sunchaser can remain a member of Interval International - not to trade, obviously, but to purchase "get aways".

 

[CleoB]

Option 1 means you paid to get out.

Without prejudice
Not necessarily.....there were people in option one that Geldert bullied saying "by signing they committed themselves to paying" and they can't afford to pay.
Without prejudice