We have fond memories as a family using our timeshare in Fairmont at the Fairmont Vacation Villas now known as the Sunchaser Vacation Villas . We purchased a biannual timeshare after my brother in law told us how much he liked his. When we returned to use it we were invited to a presentation. The presentation was about the whole resort changing over to RCI rather than weeks with Interval International. The salesman picked us up and drove us to the sales office and for a tour of the RV and the houseboats in the parking lot by Hillside. We were so excited and intrigued with the houseboat. The presentation was about how a new points system would allow you to exchange into many different places and options depending on the amount of points you wanted to use. We were told how new the buildings were and how they’d last for 100 years. We were told there was a lot of money being invested in the area. The Hot Springs across the highway was to redo their whole resort and the hot springs. There was even an amusement park going in across the highway. He said it was such a good investment and there was a huge reserve fund and so much money invested in the resort it would never go bankrupt. We could even will it to our children. We decided to purchase an annual one and at the same price as our biannual so we would have plenty of points to travel.
We loved the drive. The windy roads, the trees, the wildlife. The excitement set in when we arrived in Radium and had to stop at the candy store. Pulling up to the front office for check in was nice. We’d watch the people play tennis. The fresh air and openness with the beauty of the mountains. The flower baskets were always so pretty and the painted rocks at the front door with the cats on them so nice. The kids would pick out movies to rent and then get a treat at the store. We’d have a quick game of shuffleboard. We really enjoyed staying at Hillside as it was so close for the kids to go to the waterpark. We had a lot of fun there. We did many activities as a family. We all made tie dyed tshirts. We rode a rickety bus to do archery by the hoodoos. Oh how the mosquitoes loved us. We hiked to the top of the hoodoos and to have brunch at the Hot Springs Resort. Hitting a bucket of balls before dinner or having dinner at the golf course after a fun filled family day of golf at Coys. Or having a bowl of dill pickle soup at the Hoodoo Grill was always a treat as was the ice crème bar. Our family really enjoyed going to Fairmont Sunchasers Vacation Villas.
We remember driving up the one year and seeing the Sunchaser sign thinking Oh I guess they changed their name but didn’t think anything of it as everything was the same. Then the exciting news came about them renovating the resort. We could pay to stay in our timeshare and have it renovated but also shrunk as the other option was to pay to get out of your timeshare. Those that left would have their units consolidated to certain buildings and then the entire buildings would be removed from the resort. We were going to pay to stay but the resort was unable to tell us what they were removing from the resort and if it would affect our trading power. We were in agreeance to pay to renovate but not to shrink the resort but it all came as a package. Our other option was to leave and pay to relinquish our timeshare. While researching about the resort realignment online we found a facebook group and a lawyer who was taking clients. He told us if we paid to get out of the resort the way it was worded wouldn’t release us for the $5000 it would have cost us. We decided to retain the lawyer to fight the realignment of the resort we love so much as a family. Another facebook group was formed that bonded us together and we are like family. We respect one another and rely on each other for information, support and a good laugh.
We were then told to read the Sixth Report of the Monitor and realised that the resort was under CCAA protection and had filed for bankruptcy when we purchased back in 2009. We were told that the Riverview units we owned was a strata property and that they should have been keeping separate records for this from the rest of the resort and that they failed to have an owners association also as stated in our contract. We were so upset and our lawyer reassured us we’d be able to get out of our timeshare for free and be compensated for the fact we bought into the legacy of life program that they would owe us for years we would lose. In 2013 after our lawyer fought for us to be able to use our timeshare for that year as we did not pay the renovation fee. Our maintenance fees tripled in 5 years despite the lack of maintenance being done. We then learned that the resort realignment was simply to pay back the investors who lost their money in the recent bankruptcy. It wasn’t about making the resort pretty or fixing the poly B pipes. We were furious. Upon further researching we found out that all of the sister timeshares the resort owned went bankrupt and that they sold the land for the Okanogan resort but kept the buildings. And that they were involved in Rafter Six losing their Ranch that they owned for generations. We were starting to see a pattern of not so nice events taking place by the people we trusted and purchased our 2 time shares from. Our lawyer reassured us for 4 years now that we would be compensated and things would be made right.
After losing our court case, the judge ruled res judicata as our lawyer was being neglectful of his duties in the courtroom and this angered the judge. The promises our lawyer was making to us he never followed through on and he never presented what he said he was going to do. He was telling us(now some 1343 of us) how well things were going in court but things in the courts were failing badly. He allowed the courts to unilaterally change our contracts and to lump all of us into 1 for the judge to rule.
Then came the clincher. Our lawyer who we had trusted for 4 years coerced us into signing a document for him to negotiate and accept a settlement offer we had never seen or he would refuse to represent us any longer. We had a deadline to send it in. We were assured he would not sign this agreement on our behalf and that he’d present it to us first. He did not. He signed a settlement deal without a word to 1300+ of us his clients. Some people didn’t send in the forms and now have no legal representation and must pay an exorbitant amount of what the original offer to stay was. Those that settled must pay about 6x’s the original freedom to choose amount to get out of their timeshare contract. Some of us want to stay but can’t and the majority of us have to pay to leave the resort with many not wanting to. Our lawyer blindsided us. It has been sickening to say the least as to what has occurred. Meanwhile the resort was sold to a numbered company that the resort owner owns. Between the investors losing their money, the people that paid to stay, those that paid to leave and the liquidation of the resort we are thinking they will make approx. 1,000,000,000.00 and everyone is turning a blind eye.
This isn’t about us losing a court battle. Its about collusion and extortion. This was a carefully thought out plan since before the bankruptcy that is financially hurting the lives and mental well being of thousands of Canadians. No one we write to is listening to our story and it needs to be told. No one is paying attention to how we were defrauded. The laws in Alberta do not protect the consumer and people pay dearly because of this.
We are very saddened by all of this. We have been coerced, abused, blindsided and now extorted. We loved the resort. Our family has so many happy memories there. Now we suffer many tears, heart ache and despair, and confusion as it is truly unbelievable on what just occurred. My spouse and I have had several arguments and the stress level of both of us are through the roof and some days threatens our marriage. We are financially bound to pay something we never agreed to. We are sickened, and cannot sleep and I am full of anger and tears. For the resort we bought into for a relaxing vacation and the person that we paid to trust and who is in a position of authority to hold our trust has unlawfully broken it and no one is listening. And the resort that our family once loved was truly just a shell to extort money from its trusting consumers.
Signed Anonymous.
The
information contained in this blog/video is accurate to the best of my
knowledge at the time of posting. I reserve the right to make changes as
new information becomes available.
Any and all information I
share is for informational purposes only, not legal advice, as I am not a
lawyer, just a lay person sharing information.
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