[2008] Sandcastle Shift to "Festiva" Points [merged]

Classylassy523 · Oct 21, 2009

Sou13 said:
How were you able to stay at the Sandcastle if your first special assessment installment check was returned?

I have no idea. I had, technically, made the payment. He chose not to accept it. Maybe he didn't make that decision until after I was there. I didn't ask. Just went about my business.

Sent it back with another check for the second payment both marked the same.

I am trying to pay it. Keeping my end of the bargain.

Sou13 · Oct 23, 2009

I found two interesting references to Cliff Hagberg in TimeSharing Today:

A defamation suit filed by Resort Investment Trust against a New England broker (Cliff Hagberg) who publicized Resort Investment Trust’s method of operation is proceeding slowly. According to Hagberg, the case is still in the pretrial discovery phase and no trial date has yet been established.
http://www.alltimeshare.com/front.pdf

TimeSharing Today Page 18 Nov/Dec, 2000
The defamation lawsuit filed by Resort Investment Trust (RIT) against new England resale broker Cliff Hagberg is moving slowly, with pretrial discovery delayed by Hagberg’s recent back surgery.

Hagberg had been publishing information about the activities of Resort Investment Trust and Swiss American Bank (SAB) when Resort Investment trust sought to enjoin his dissemination of the information and to recover damages for the alleged defamatory statements. The court refused to issue an injunction based on a preliminary determination that RIT was unlikely to succeed in their suit.

According to Hagberg, the U.S. Attorney is now investigating these companies. Although they are headquartered in the Bahamas, both companies use U.S.-based sales offices, operating as Global Referral Service, to convince would-be timeshare sellers that RIT or SAB is interested in buying weeks for the appraised value. The seller is then contacted by one of several U.S.-based appraisal companies who charge $399 for an appraisal.

Presumably, the pre-trial discovery conducted by Hagberg will determine whether RIT and SAB are contolled by the same person and the extent, if any, to which they share in the appraisal fees.
http://www.tstoday.com/members/magazine/issue54/RIT-SAB.pdf

The more Internet searches I do for "Hagberg" the more I find. Could it be that he lost the suit and is hard-pressed for cash? Look at what he's moonlighting as ($4000 per week isn't enough for him):
1 Mo' Time - Cape Cod's Good Time Party Band

NEVMSLLC · Oct 23, 2009

Sou13 said:
I found two interesting references to Cliff Hagberg in TimeSharing Today:

A defamation suit filed by Resort Investment Trust against a New England broker (Cliff Hagberg) who publicized Resort Investment Trust’s method of operation is proceeding slowly. According to Hagberg, the case is still in the pretrial discovery phase and no trial date has yet been established.
http://www.alltimeshare.com/front.pdf

TimeSharing Today Page 18 Nov/Dec, 2000
The defamation lawsuit filed by Resort Investment Trust (RIT) against new England resale broker Cliff Hagberg is moving slowly, with pretrial discovery delayed by Hagberg’s recent back surgery.

Hagberg had been publishing information about the activities of Resort Investment Trust and Swiss American Bank (SAB) when Resort Investment trust sought to enjoin his dissemination of the information and to recover damages for the alleged defamatory statements. The court refused to issue an injunction based on a preliminary determination that RIT was unlikely to succeed in their suit.

According to Hagberg, the U.S. Attorney is now investigating these companies. Although they are headquartered in the Bahamas, both companies use U.S.-based sales offices, operating as Global Referral Service, to convince would-be timeshare sellers that RIT or SAB is interested in buying weeks for the appraised value. The seller is then contacted by one of several U.S.-based appraisal companies who charge $399 for an appraisal.

Presumably, the pre-trial discovery conducted by Hagberg will determine whether RIT and SAB are contolled by the same person and the extent, if any, to which they share in the appraisal fees.
http://www.tstoday.com/members/magazine/issue54/RIT-SAB.pdf

The more Internet searches I do for "Hagberg" the more I find. Could it be that he lost the suit and is hard-pressed for cash? Look at what he's moonlighting as ($4000 per week isn't enough for him):
1 Mo' Time - Cape Cod's Good Time Party Band

Thanks for the plug, Sou13. Please check out our website and, if anyone wants to hire Cape Cod's Best Party Band, let me know and I'll give you a TUG discount. Let me know what you think of the music as well!!

Sou13 · Oct 24, 2009

:hysterical:

Sou13 · Oct 26, 2009

So it's really you, NEVMSLLC! And you expect to get paid for performing? You should be paying us for humoring you!

So tell me, why does someone who is paying himself more than the salary of the Vice President of the United States for "General and Administrative" services need to be moonlighting as well?

NEVMSLLC · Oct 26, 2009

First of all, Sou13, I don't get paid anywhere near what you think I do. You continually misinterpret everything from deeds to mortgages to what I'm paid. You haven't gotten anything right yet.

Second of all, I've been playing guitar since I was in junior high school and, if I must say so myself, I'm actually pretty good at it! What more fun can you have as a guitar player than playing in a rock and roll band? I even heard from one owner who checked out the band and wondered if we'd play at the Sandcastle next year! Who knows, it might even happen . . .

Finally, you're posting on the wrong board again. This is about Sandcastle.

e.bram · Oct 26, 2009

Cliff:
Would you play the guitar for someone(the Count) to help serenade a lady(Rosina) like Figaro did in The Barber of Seville". How much?

NEVMSLLC · Oct 26, 2009

Well, E.bram, I'd have to get out my classical guitar and brush up a little on my flamenco techniques, but I think I could pull it off. Are we talking about one song or a night of mystical and seductive music?

(I can do both, by the way!)

For a solo act, I usually charge $150 to $200 plus fee drinks. Let me know

ecwinch · Oct 27, 2009

Classylassy523 said:
I have no idea. I had, technically, made the payment. He chose not to accept it. Maybe he didn't make that decision until after I was there. I didn't ask. Just went about my business.

Sent it back with another check for the second payment both marked the same.

I am trying to pay it. Keeping my end of the bargain.

For once, I think Cliff got some good legal advice on not denying your usage.
He must have a new lawyer, or has started listening to the one he has.

Sou13 · Oct 27, 2009

NEVMSLLC said:
First of all, Sou13, I don't get paid anywhere near what you think I do. You continually misinterpret everything from deeds to mortgages to what I'm paid. You haven't gotten anything right yet.

Second of all, I've been playing guitar since I was in junior high school and, if I must say so myself, I'm actually pretty good at it! What more fun can you have as a guitar player than playing in a rock and roll band? I even heard from one owner who checked out the band and wondered if we'd play at the Sandcastle next year! Who knows, it might even happen . . .

Finally, you're posting on the wrong board again. This is about Sandcastle.

So why don't you come over to the Southcape discussion and answer Eric's question?

As for what I think you're getting paid, why don't you spell it out for all of us so that we can get a better idea of where that "General and administrative" services charge is going? You have posted on the Southcape Resort discussion that you like your "job" and hope that we'll keep you on:

I'm the General Partner of the management company and that's how I make my money. If I do a good job, the owners will want to keep me. If I do a lousy job, they should throw me out. Guess which way I'd prefer! I have a vested financial interest and incentive to do the best management job possible for the resort and the owners or I'm going to have to find another way to make a living. I actually like what I do and I enjoy talking with the owners (mostly . . . ). For almost twenty years I've had a vision of what Southcape could be and now I have a chance to make it a reality. There is a plan to make that happen and I'll get into that in more detail at another time. My fingers are getting sore from typing!

Finally, I don't get paid by Southcape, I don't get paid by Festiva and I don't get paid by Outfield. I will get paid by NEVS if I can help them successfully sell their weeks (so, yes, I want them to sell their weeks!) and I get paid by the management company. That's it. It means absolutely nothing to me if owners join Festiva or not.http://www.tugbbs.com/forums/showthread.php?t=84127&page=10

Fig · Oct 27, 2009

Question for Eric

Sou13 said:
So why don't you come over to the Southcape discussion and answer Eric's question?

As for what I think you're getting paid, why don't you spell it out for all of us so that we can get a better idea of where that "General and administrative" services charge is going? You have posted on the Southcape Resort discussion that you like your "job" and hope that we'll keep you on:

I'm the General Partner of the management company and that's how I make my money. If I do a good job, the owners will want to keep me. If I do a lousy job, they should throw me out. Guess which way I'd prefer! I have a vested financial interest and incentive to do the best management job possible for the resort and the owners or I'm going to have to find another way to make a living. I actually like what I do and I enjoy talking with the owners (mostly . . . ). For almost twenty years I've had a vision of what Southcape could be and now I have a chance to make it a reality. There is a plan to make that happen and I'll get into that in more detail at another time. My fingers are getting sore from typing!

Finally, I don't get paid by Southcape, I don't get paid by Festiva and I don't get paid by Outfield. I will get paid by NEVS if I can help them successfully sell their weeks (so, yes, I want them to sell their weeks!) and I get paid by the management company. That's it. It means absolutely nothing to me if owners join Festiva or not.http://www.tugbbs.com/forums/showthread.php?t=84127&page=10

Eric, if Cliff is paying the 2.5 mil mortgage out of his "salary" is this kosher? Trying to figure out how he and his buddies are financing the mortgage they took out on Sandcastle and Southcape. Nothing is being sold and fees are soaring, so that would be my logical guess. He can't flat out charge folks for the loan he took out and have it show up as as a line item in the budget, but couldn't he cut himself a big salary for "administrative" and service the loan out of that? Just wondering.

Fig · Oct 27, 2009

"Finally, I don't get paid by Southcape, I don't get paid by Festiva and I don't get paid by Outfield. I will get paid by NEVS if I can help them successfully sell their weeks."

It's nice to have a history of Cliff Hagberg's statements here so we can see the contradictions. Just like when his alts like Viv, etc, and he posted that they did not know each other when it was revealed they were so intimate they were all typing from the same web address...sometimes within minutes of each other! Funny how they all scattered when he was outed.

Then there was the time he said he always told you the truth Sou13, until I pointed out that he swore he had not used another name to get on your email list and that name was the same one he used for his twitter account.

He posted the above before he admitted in a public meeting with that he and his buddies get 50% of each Festiva conversion...the money might pass through an account owned by NEVS, but Festiva dollars most likely end up in his pocket. Judging from the conversions that have gone through and the NEVS weeks that have been sold, he should have a nice wad of Festiva dollars...and the NEVS weeks that have been sold, well, as I recall, they seem to be a little lacking to say the least.

e.bram · Oct 27, 2009

The owners who converted to Festiva points> do they pay an amount per point or the same amount as the mfs for week owners regardless of the tome slot they own? I presume the point amount is allocated based on the time slot of ownership.

ecwinch · Oct 27, 2009

Fig said:
Eric, if Cliff is paying the 2.5 mil mortgage out of his "salary" is this kosher? Trying to figure out how he and his buddies are financing the mortgage they took out on Sandcastle and Southcape. Nothing is being sold and fees are soaring, so that would be my logical guess. He can't flat out charge folks for the loan he took out and have it show up as as a line item in the budget, but couldn't he cut himself a big salary for "administrative" and service the loan out of that? Just wondering.

From what Cliff has stated here, NEVS has a management contract to act as the manager or managing entity of the resorts, as is the industry standard practice. Typically this means that NEVS is paid a management fee - typically a percentage of gross revenues (10-15%). If Cliff is drawing a large salary in addition to the mgt fee, then yes, I think that would be an issue of interest in a court of law. Particularly if Cliff is approving his own salary, and it is excessive by industry standards.

ChrisH · Oct 29, 2009

Contacts: Write to an Editor

For those owners who wish to have their voices heard in the local Cape Cod media, here are some resources:

Letters Editor,
Cape Cod Times,
319 Main St., Hyannis MA 02601.
Letters may be faxed to: (508) 771-3292.
Editor in chief: Paul Pronovost, 508 862-1166
Editorial Staff: Newsroom staff list
Ombudsman: Jayne M. Iafrate

The Cape Cod Chronicle
60-C Munson Meeting Way,
Chatham, MA 02633
508-945-2220 • 508-430-2700
Editorial Dept.: 508-945-2220
Production Dept: 508-945-2228
Advertising Dept: 508-945-2229
FAX: 508-945-2579

The Barnstable Patriot
Submit Letter to the Editor
4 Ocean Street
Hyannis, MO 01206
Phone: 508-771-1427
Fax: 508-790-3997
letters@barnstablepatriot.com

The Provincetown Banner
167 Commercial St.
PO Box 977
Provincetown, MA 02657
Tel: 1 (508) 487-7400
Free: 1 (888) 782-2267
Fax: 1 (508) 487-7144

ChrisH · Oct 29, 2009

Contacts: Cape Cod State Senator and Reps

For those who wish to voice their concerns to the Representatives in the Cape Cod Area or to our US Senators here are the contacts:

Senator Robert O’Leary
State House
Room 511B
Boston, MA 02133
Telephone: (617) 722-1570
Fax: (617) 722-1271
Robert.O'Leary@state.ma.us
DISTRICT REPRESENTED: CAPE AND ISLANDS.— Barnstable, precincts 1 to 9, inclusive, and 13, MashpeeProvincetown,

MATTHEW C. PATRICK -Mashpee Rep
State House District Office
Room 540 24 Collins Road
State House P.O. Box 3252
Boston, MA 02133 Falmouth, MA 02536
Telephone: 617-722-2090 508-540-6308
Facsimile: 617-722-2848
E-mail: Rep.MatthewPatrick@hou.state.ma.us
RepMattP@Cape.com

JEFFREY D. PERRY - Mashpee Rep
State House District Office
Room 136 449 Route 6A
State House Post Office Box 1435
Boston, MA 02133 Sandwich, MA 02563
Telephone: 617-722-2396 Phone: (508)-888-2158
Facsimile: 617-722-2819 Fax: (508) 888-1179
Email: Rep.JeffreyPerry@hou.state.ma.us

SARAH K. PEAKE - Provincetown Rep
State House
Room 473F
State House
Boston, MA 02133
Telephone: 617-722-2210 508-487-5694
Facsimile:617-722-2239
E-Mail: Rep.SarahPeake@Hou.State.MA.US

US SENATORS- MA

John F. Kerry (Democrat)
421 Russell Senate Office Building
United States Senate
Washington, D.C. 20510
PHONE:
1-202-224-2742
FAX:
1-202-224-8525
E-MAIL:
john_kerry@kerry.senate.gov
WEB:
http://www.senate.gov/~kerry/

Paul G. Kirk, Jr.
Democrat - Massachusetts
317 RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
DC Phone: 202-224-4543
Email: Senator_Kirk@kirk.senate.gov

Sou13 · Nov 23, 2009

Call the Secretary of State

Massachusetts Secretary of State William Francis Galvin has been running TV advertisements for Massachusetts residents to call a toll-free # if they have been victims of fraud. On his website there is an announcement of a $3.9 million restitution to Massachusetts residents who have been victims of a senior citizen fraud case.

The toll-free # is fleeting and hard for senior citizens to read, and it's not announced, but I did manage to jot it down and call it today. I talked to a very helpful and empathetic volunteer who couldn't understand why the Attorney General hasn't filed a class action suit against New England Vacation Services. He encouraged owners of timeshares in Massachusetts to get more vocal and make our case heard. The contact info posted above is just the beginning of who should be hearing from us.

Today there's an article in the Cape Cod Times: AG files suit for alleged Cape timeshare scam

ChrisH · Nov 23, 2009

Fraud case question

Isn't the settlement you mentioned in relation to securities sold in MA only by a specific broker?

I find the post confusing, because it appears to be an announcement of $3.9 million for any senior citizen who has been a victim of fraud, and it only applies to this particular case.

Thanks

Sou13 · Nov 23, 2009

The TV advertisements are vague and don't necessarily make it clear that the # has been set up for victims in this particular settlement and the volunteer suggested that it was made vague enough to encourage victims of any kind of fraud to call.

Sou13 · Nov 24, 2009

Quick response

I called yesterday:

1-800-269-5428 and got this response in today's mail:

Thank you for contacting the Massachusetts Securities Division (the "Division") regarding your complaint. After reviewing the information that you sent, the Divisioon has concluded that the matter falls within the jurisdiction of the Massachusetts Department of Consumer Affairs and Business Regulation.

Massachusetts Department of Consumer Affairs and Business Regulation
10 Park Plaza, Suite 170
Boston, MA 02116
Telephone: 617-973-8787

Thank you for bringing this matter to our attention. The Securities Division depends on individuals like you to help us enforce the securities laws and protect investors from future abuse.

I heard the TV advertisement twice this a.m. and while it's a senior citizen complaining about being scammed out of his and his wife's savings by a ponzi scheme, the Secretary of State encourages calls, stating that they "may be able to help you." If you feel that you are a victim of fraud, PLEASE call!

This is especially important for those Sandcastle and Southcape owners who have been scammed out of their deeded weeks. Don't give up hope! And it doesn't just apply to Massachusetts residents, because the deeded property is in Massachusetts, which makes you a part-time Massachusetts resident.

mweinberg · Nov 27, 2009

Franchised by Whom?

The following is an email received from the Texas Comptroller of Public Accounts in response to an inquiry about Outfield Marketing. The question this raises is that if Outfield is really a franchise, who exactly are they franchised by?

Hagberg and company have been maintaining all along that Outfield is an independent firm hired by Festiva to market its points program. This email seems to suggest otherwise; perhaps the original conjecture about the relationship between NEVS, Festiva, and Outfield was closer to the truth. We already know that some of the principals of Outfield are also principals of NEVS. Perhaps Festiva and Outfield are related as well.

Mr. Hagberg, would you care to attempt to explain this away?

FORWARDED EMAIL:

The Comptroller of Public Accounts received your written request for information on November 16, 2009. Your request has been assigned ID #[redacted] by this office.

According to our records, Outfield Marketing LTD, taxpayer number 3-20359-2336-9, did not file a franchise tax public information report, which lists officers and directors. They did however file a franchise tax ownership-p information report.

Information about corporate officers and directors is specifically designated as public information by Texas Tax Code 171.203. There is no comparable provision making public the information about the principles of other entity types. It is our interpretation of Texas Tax Code 171.206 that ownership information reported by other entity types (associations, partnerships, trusts) as part of their franchise tax filing is confidential and not subject to public disclosure.

Thank you,

Gerti S. Gonzales
Open Records Division
Texas Comptroller of Public Accounts
LBJ State Office Building
111 East 17th Street, Room 210
Austin, Texas 78774
phone: 512) 475-1033
1800) 531-5441, Ext. 5-1033
fax: 512) 475-1610

By the way, Cliff; just because you choose to ignore my questions and emails, that doesn't mean that I'm going to just disappear.

Sou13 · Dec 4, 2009

?????

I don't quite understand what this means. Can someone explain? Thanks!

T_R_Oglodyte · Dec 4, 2009

mweinberg said:
The following is an email received from the Texas Comptroller of Public Accounts in response to an inquiry about Outfield Marketing. The question this raises is that if Outfield is really a franchise, who exactly are they franchised by?

Hagberg and company have been maintaining all along that Outfield is an independent firm hired by Festiva to market its points program. This email seems to suggest otherwise; perhaps the original conjecture about the relationship between NEVS, Festiva, and Outfield was closer to the truth. We already know that some of the principals of Outfield are also principals of NEVS. Perhaps Festiva and Outfield are related as well.

Mr. Hagberg, would you care to attempt to explain this away?

FORWARDED EMAIL:

The Comptroller of Public Accounts received your written request for information on November 16, 2009. Your request has been assigned ID #[redacted] by this office.

According to our records, Outfield Marketing LTD, taxpayer number 3-20359-2336-9, did not file a franchise tax public information report, which lists officers and directors. They did however file a franchise tax ownership-p information report.

Information about corporate officers and directors is specifically designated as public information by Texas Tax Code 171.203. There is no comparable provision making public the information about the principles of other entity types. It is our interpretation of Texas Tax Code 171.206 that ownership information reported by other entity types (associations, partnerships, trusts) as part of their franchise tax filing is confidential and not subject to public disclosure.

Thank you,

Gerti S. Gonzales
Open Records Division
Texas Comptroller of Public Accounts
LBJ State Office Building
111 East 17th Street, Room 210
Austin, Texas 78774
phone: 512) 475-1033
1800) 531-5441, Ext. 5-1033
fax: 512) 475-1610

By the way, Cliff; just because you choose to ignore my questions and emails, that doesn't mean that I'm going to just disappear.

"Franchise Tax" doesn't mean what you think it does. In many states, "franchise tax" is simply the agency that collects income taxes. For example, in California the Franchise Tax Board is the agency that collects all income taxes.

The term probably originates from the fact that whenever a corporation is created, the permission for the corporation to exist is a legal franchise to operate. "Franchise" in this regard simply means "permission".

When states then began taxing corporations that was then designated a "franchise tax". It has nothing to do with franchising as a business operations model.

Sou13 · Dec 14, 2009

Rangeley Lake Resort

I've been in contact with an interval owner at Rangeley Lake Resort in Maine which has been taken over by Festiva but in this case it was Festiva that purchased the "unsold weeks":

September 2008

As we head into fall, the colors are beginning to show and the nights are getting cooler. The town has quieted down from the hustle and bustle of vacation weeks, but there are still many good restaurants and shops to choose from. This month the Resort became affiliated with Festiva Resorts, as they purchased the unsold weeks from the developer. They will be offering new options and vacation opportunities to the Owners. If you have any questions, their Owner Services Department can be reached at 866-933-7848. Current Owners of deeded weeks can continue making their reservations as they always have, and all existing reservations will be honored. And speaking of reservations, if you haven’t already made your flex week reservations for 2009, please try to make them as soon as possible to secure your desired week. This year’s annual HOA meeting, normally scheduled for the second Saturday in December, has been moved up to November 22. Details of time and location will be posted on the Members’s Only pages shortly, but it is expected to be in the same location on the SMCC campus in South Portland.

I wanted to check out some of the info provided by the owner for myself, so I did an Internet Search for "Rangeley Lake Resort" Festiva and discovered that there's a civil case that's been filed against Festiva Resorts Development Group: http://www.med.uscourts.gov/Opinions/Rich/2009/JHR_10272009_2-09cv365_McCormick_v_Festiva.pdf

Sou13 · Jan 7, 2010

New owners, big changes

New owners, big changes
While the comments to this Boston Globe article appear to have come to a standstill, I posted a link to TUG which I hope readers will follow to the Southcape and Sandcastle discussions. There's a lot of info about Sandcastle in this discussion that needs to be revived!