[2008] Southcape Resort

[Sou13]

WBZ-TV to Report on SANDCASTLE- P'Town

Yesterday afternoon, I spoke to Jon Wells of WBZ-TV Channel 4 Boston who interviewed Cliff Hagberg and some Sandcastle unit owners within the last 2 weeks.

Jon said the short segment about Sandcastle will be aired on the 11 o'clock news next Monday night. ( It will probably be repeated on the morning news Tuesday)

For those of you who are out of state, you will most likely be able to watch the segment by going to http://wbztv.com/local on Tuesday and locating the story in the local news section.

Usually at the end of each story section you may also post comments! So here is a chance for more owners to air their views in the media.

ChrisH

If you happen to be staying at Southcape this week, be sure to stay up for this!

 

[Sou13]

Thank you, Laurie!

"Laurie" posted the link to the WBZ news story. It's http://wbztv.com/local/time.share.investigation.2.1826266.html
There's a script version of the video on the right. See also http://www.tugbbs.com/forums/showpost.php?p=958099&postcount=215 for comments by ChrisH.

I was fortunate to be able to view the coverage on WBZ last evening, then put on the TV this a.m. to find out whether it got aired again. As far as I know it didn't but I was dozing off and on so I'm grateful for the link. Here's the link to the post by "Laurie": Sandcastle/Festiva saga on Boston TV

 

[tombo]

"Laurie" posted the link to the WBZ news story. It's http://wbztv.com/local/time.share.investigation.2.1826266.html
There's a script version of the video on the right. See also http://www.tugbbs.com/forums/showpost.php?p=958099&postcount=215 for comments by ChrisH.

I was fortunate to be able to view the coverage on WBZ last evening, then put on the TV this a.m. to find out whether it got aired again. As far as I know it didn't but I was dozing off and on so I'm grateful for the link. Here's the link to the post by "Laurie": Sandcastle/Festiva saga on Boston TV

Wow, in that new story Festiva said they would return the deeds to any owner who felt they were misled into giving them up. I bet a large per cent of the new Festiva members would like to get their deeds back. Now if you can just let the Festiva converts know so that they can get their deeds back before before Festiva changes their mind.

 

[Classylassy523]

Sounds generous of Festiva, doesn't it.

Wow, in that new story Festiva said they would return the deeds to any owner who felt they were misled into giving them up. I bet a large per cent of the new Festiva members would like to get their deeds back. Now if you can just let the Festiva converts know so that they can get their deeds back before before Festiva changes their mind.

I noticed that Festiva specifically said Sandcastle owners ... nothing was said about the Southcape owners. FestivaRep led the reader to believe that all that has been happening has only been at Sandcastle. Anyone who has been following these threads know that owners at both the Sandcastle Resort and the Southcape Resort were lied to, stolen from, coerced, threatened and supplied with misinformation time and time again. Also, will Festiva be refunding the thousands of dollars these owners paid? And, what about the owners who took out loans to pay these charges? Are they going to be forgiven? On the surface, Festiva sounds so very generous, kind and considerate. Is this generousity a ploy to ward off state and federal investigations. In this age of information availability at the click of a mouse, they missed the mark with timeshare owners in Massachusetts. Hopefully owners in other states will be impervious to threats and false 'gifts' when Festiva moves into their resorts.

 

[tombo]

I noticed that Festiva specifically said Sandcastle owners ... nothing was said about the Southcape owners. FestivaRep led the reader to believe that all that has been happening has only been at Sandcastle. Anyone who has been following these threads know that owners at both the Sandcastle Resort and the Southcape Resort were lied to, stolen from, coerced, threatened and supplied with misinformation time and time again. Also, will Festiva be refunding the thousands of dollars these owners paid? And, what about the owners who took out loans to pay these charges? Are they going to be forgiven? On the surface, Festiva sounds so very generous, kind and considerate. Is this generousity a ploy to ward off state and federal investigations. In this age of information availability at the click of a mouse, they missed the mark with timeshare owners in Massachusetts. Hopefully owners in other states will be impervious to threats and false 'gifts' when Festiva moves into their resorts.

Please don't misunderstand me. I have no doubt that Festiva will not return anyone's money, change the way they do business, or start selling their points using ethical methods. I do not for one second think they are doing it for any other reason than for good P.R. and to try and keep the attorney general from suing them. The only thing I was saying is that the people who were tricked and ripped off will never get their money back (unless festiva is legally forced to do so), but for at least this one brief moment they might have a chance to regain their deed. That will put them in a much better place than they are now where they own nothing but some worthless Festiva points.

 

[Sou13]

Corrected directors and officers

I placed a call to the legal department of the Massachusetts corporations division of the Secretary of State's office and as a result there has been a correction made to the board of directors of Southcape Resort Community Association, Inc. Here's the link to the corrected screen: http://corp.sec.state.ma.us/corp/co...ReadFromDB=True&UpdateAllowed=&FEIN=042922230

This means that there were four directors, not five, but even five is illegal because there were only three when NEVS bought the inventory from Barth & Woods in 2008.

I was informed that the person responsible for filing annual reports for 2009 was Clifford Hagberg but if there is a change on the board it is the present clerk who is responsible for filing the reports. These reports were due 2 1/2 months after the start of the fiscal year, which means that NEVMSLLC was responsible for filing for 2009 and 2010. Elizabeth McNichols may have been the clerk when Barth & Woods were on the board but the notice of change of directors or officers listed Clifford Hagberg as the Clerk.

If these reports are not filed, the corporation can be dissolved. If Festiva takes over the board, they may prefer to have the corporation dissolved! Who collects the maintenance fees? Who pays the bills? Who signs the checks? Does the resort manager work for Festiva or for the deeded owners who are members of the corporation? Did Clifford Hagberg pay himself to do things he has neglected to do?

If Club members are not members of the Corporation they do not have a vote in the Corporation. If Festiva isn't paying Maintenance Fees for the 540 weeks they bought from NEVS they should not be able to use those weeks and should not have voting rights, either.

I have published the Condo II Declaration of Trust at https://acrobat.com/#d=q72EZrUrEK3MT4iUnFaiTA

 

[Sou13]

Thanks for the update!

We were down the Cape (Unit 8) from 7/3 - 7/10. Kim called as soon as we walked in the door. This was at the same time I realized that the bedroom furniture and bathrooms had not been redone as promised last year. The mattresses were new and the living room furniture and carpeting was new. They replaced the loveseat with two chairs. That was disappointing. Also we had no bottom shelf in our refrigerator. All the shelves had been moved down to make us "not notice" it. Not having a bottom shelf meant the vegetable and crisper drawers were wide open. So I was not very pleasant when Kim called. I told her I know about all of the changes and that they wanted us to convert to points but that there was no way we were. I told Kim that if time permitted, we would be willing to sit with her simply to ask questions and listen to their sales pitch for curiousity's sake. As it turned out, we never did find a suitable time to speak with her. I will admit that Kim did follow through and get a bottom shelf delivered the next day.

What was interesting were the conversations I had with people in the pool area. One family was visited at their house by one of the unscrupulous salesmen. They were smart and did not give up their deed. They were planning on going to a meeting with Kim later on in the week. When I saw them later that week, they told me that the price to convert had risen to $8,000! I questioned it and they said Kim had told them that the previous price was way too low! I then met several people on Sunday the 11th (my sister was renting so I stayed the weekend). There were several different parties there. All of them were very upset about what was happening and none of them were giving up their deed. They mentioned that while they were in the meeting, there were several other familes upstairs converting their deeds to points. It seems odd that everyone I spoke to said they weren't interested in converting but that they saw many people that were. I also met a woman whose grandfather was one of the original trustees, Joseph Bottari. I definitely remember seeing that name on documents. I told all of them to register on TUG and to search for the yahoo group. Unfortunately, I was not sharp enough to remember to bring a pen and paper to get their email addresses.

I apologize for not getting back to you on this update sooner.

I looked up Joseph Bottari in the Barnstable County Capeview Internet Access and found that he was a trustee for Condo I when we had two separate trusts and owners meetings. The two were combined into one when I've learned that Sateriale and DePamphilis went bankrupt and Barth and Woods were able to buy the unsold inventory, most of it in Condo II, at "firesale price" which I have yet to track down. That was when the Town of Mashpee took possession of the undeveloped parcel for nonpayment of taxes.

I have posted Form 1120H in the Southcape Archives 1989 folder and the link to the Southcape Rumor Mill in the 1990 folder. This explains how we came to be meeting together but now how it was made legal. I can find no documents in the Registry but that doesn't mean they aren't there.

The reason I'm delving into the legality of what's been going on at Southcape is that I believe that none of it has been legal and that our Master Deed spells out what is. I believe it's spelled out in the Master Deed that weeks are to be sold as weeks, not points!

I've also noted that there have been no converted weeks registered in July but again that doesn't mean that owners aren't falling for the Festiva sales pitch. I've also learned that our clubhouse is being used for promotion of Festiva and that there are no more social activities. Better to send owners off to explore the Cape than to find out what's really going on at Southcape!

 

[Sou13]

More owner reports

There have been many changes at Southcape since Festiva muscled in and took over the management of our resort. Here are some of the reports I've received from owners:

Prior to arrival, owners are being contacted by "Kim" who will even go so far as to call on their cell phones. Upon arrival, they are given a form to fill out by a woman sitting at a desk in front of the alcove containing the tourist brochures (previously Mike's spot) asking for personal information including the question "Are you married, single, or cohabitating?" and are asked to sign it before they can check in to their units!

So here we have a management in place that not only contacts us at home but asks about our marital status or lack thereof!

Our clubhouse is being used to tout all the "wonderful benefits" of membership in the Festiva Resorts Adventure Club instead of for social gatherings for owners. The only social gathering in the clubhouse is the Sunday a.m. informational coffee and danish (or muffins) which encourages guests to spend their time exploring the Cape and beyond rather than socializing with other owners.

While the $8,000 price tag quoted above may seem higher than the price tag that was given to those visited in their homes, it may be inaccurate. The price given to me by two reporting owners was closer to $5,000 but what makes it more outrageous is that summer weeks owners are giving up deeds which are worth at least $3,000 more than off-season weeks, which might account for the $8,000 figure quoted above. On top of that the "club membership" annual fee is $838 for summer weeks owners because it is based on the amount charged for 4800 points.

Why, you may wonder, does it cost so much to belong to the Festiva Resorts Adventure Club? Is it because the Festiva Development Group has to recoup the $1,000,000 they paid for the 540 weeks they bought from NEVS?

The reason given by the on-site salesperson was that the resort needs to be upgraded to the standards expected by club members who are used to granite countertops, among other outrageous things. So who cares what kind of countertops we have so long as we can prepare a simple meal in the kitchen? Aren't granite countertops a highly impractical, difficult-to-maintain fad that will become as dated as the blue bathtubs?

I personally prefer to find all the appliances in good repair and no septic system problems (which owners have paid to have repaired) and I want to escape to the Cape rather than having to deal with pesky salespeople swarming all over the place.

When I approached other "guests" in February, the daughter of a previous owner who had converted to the FAC complained to the management and I was asked not to approach the "guests" which I then stopped doing (and checked out). So it's OK for owners to be bothered by pesky Festiva salespeople who are using our clubhouse for sales purposes instead of for social gatherings, but it's not OK for owners to try to contact other owners to warn them not to fall for the Festiva spiel? If I see you about to step off a cliff, do I not have the right and responsibility to warn you that you are about to fall off the cliff?

Please see my post at http://www.tugbbs.com/forums/showpost.php?p=943826&postcount=393 about the "Strangler Fig" that has taken over our resort.

 

[Sou13]

AG Coakley Obtains Injunction Against Several Individuals

July 20, 2010 - For immediate release:
AG Coakley Obtains Injunction Against Several Individuals for Defrauding Cape Cod Timeshare Owners and for the Unlicensed Practice of Law

I find it ironic that the AGO is going after timeshare resalers for scamming 300 "victims" out of up to $3085 each but seems to be ignoring the more than 750 Southcape and Sandcastle/Royal Coachman victims who've been scammed out of $3195 each. That's more than $2,300,000!

 

[Sou13]

I stand corrected

I've been advised by two owners who've enjoyed their stays at Southcape this summer that there are social activities for owners and that there is a schedule of these activities in the "Welcome" packet given out upon arrival.

I appreciate any and all corrections of misrepresentations made by and to me.

 

[judyjht]

??

My brother owns one week (next week) and after that he was thinking of either giving the week away or turning the deed back in and walking away. What are your thoughts on this? It is not that convenient for them any more. They built a cabin in upstate NY so they go there most of the time. Anyone have any thoughts on either of these options?? By the way, it is paid for so no issue there. All the fees have been paid also.

 

[Time Out]

What Week

Hi Judyjht,
I am an owner at Sandcastle and would consider another unit. What week are we talking about?

 

[judyjht]

He owns either week 33 or 34 at Southcape - not Sandcastle.

 

[Sou13]

File a consumer complaint

Festiva Resorts gave us a statement saying complaints at the Sandcastle are largely related to the actions of Cliff Hagberg and Outfield Marketing, not Festiva. The company did say, however, that it will return property deeds to any Sandcastle owners who feel they were pressured to join Festiva. http://wbztv.com/local/time.share.investigation.2.1826266.html

Festiva has said that they did not get any of the $3000+ fees that people paid for Festiva points. Per Festiva this money went to Outfield Marketing. Cliff Hagberg (NEVMSLLC) has admitted that NEVS was the agent so if this is accurate, NEVS has profited a lot from shaking down owners. That's the kind of trustee that Southcape and Sandcastle owners could trust! Festiva now has 500 units at Sandcastle. At over $3000 per unit, that is $1.5 M. Members of the Sandcastle owner's advisory group have been asked to ask Cliff who got the proceeds from these sales. So far he has failed to answer the question. We know that NEVMSLLC has access to this site, so perhaps this will be the motivation he needs to answer the question.

Until he was confronted with paperwork at the Sandcastle owners meeting this April, NEVMSLLC kept saying that the companies were completely separate and he had nothing to do with the sales. When the paperwork was passed out at the annual meeting he was forced to admit that NEVS was an agent for Festiva.

Some major discrepancies with the paperwork used to transfer deeds to Festiva have been uncovered. Many were illegally notarized in Denton TX by a notary who swore that she witnessed the signatures. Several people have been identified who now believe that their paperwork may have been forged.

If you bought Festiva points, email:

ownerservices@festiva.travel

and demand that they send you the documents that prove that you transferred your deed.

If you were surprised to find out that you relinquished your deed, this may explain why. The paperwork is very clear and anybody that legitimately signed it would know what they did.

All of this has been communicated to the Attorney General. http://www.tugbbs.com/forums/showthread.php?p=970106#post970106

As a result of the WBZ-TV investigation the above info was posted to Festiva takes over resort because the investigation focused on Sandcastle/Royal Coachman in Provincetown.

If you are a former Southcape owner who feels you may have been scammed out of your deeded week, take a look at your contract. Was your signature notarized? If it was, where was it notarized? Who witnessed your signature, and where?

If you feel that you have been scammed out of your week, you need to File a Consumer Complaint with the AGO. Regardless of where you live, the timeshare is in Massachusetts and it's the Massachusetts AGO that needs your complaint. The Attorney General's office in Massachusetts said it has so far received 49 complaints from timeshare owners at the Sandcastle. A spokeswoman told us the agency is still interested in hearing from people who feel they may have been subjected to false or misleading sales tactics.

 

[Time Out]

I have a fixed week and I converted one of my weeks to Festiva. Does the AG want to hear my story?

 

[JamesT RI]

I want my money back

I switched to Festiva. HOw can I get my money back?

 

[Sou13]

Time Out and JamesT RI,

Did you own weeks at Southcape? If so, please email me.

The article states that Festiva is offering to return Sandcastle deeds, and doesn't say anything about getting your money back. This is why the AGO needs to get involved. If none of the $3185 went to Festiva, it's NEVS/Outfield Marketing that scammed you out of your money: "Festiva Resorts gave us a statement saying complaints at the Sandcastle are largely related to the actions of Cliff Hagberg and Outfield Marketing, not Festiva. The company did say, however, that it will return property deeds to any Sandcastle owners who feel they were pressured to join Festiva."

 

[Fig]

Time Out and JamesT RI,

Did you own weeks at Southcape? If so, please email me.

The article states that Festiva is offering to return Sandcastle deeds, and doesn't say anything about getting your money back. This is why the AGO needs to get involved. If none of the $3185 went to Festiva, it's NEVS/Outfield Marketing that scammed you out of your money: "Festiva Resorts gave us a statement saying complaints at the Sandcastle are largely related to the actions of Cliff Hagberg and Outfield Marketing, not Festiva. The company did say, however, that it will return property deeds to any Sandcastle owners who feel they were pressured to join Festiva."

If Festiva is claiming to have nothing to do with this mess, why was their legal dept receiving documents as far back as March of 09? As you found, Sou, I think the person in the legal dept was someone by the name of Kathy Braddock. Festiva is neither the grantor nor grantee, yet the paperwork is going not to Cliff Hagberg nor other principals in TX but to 1 Vance Gap Road in NC. How did Cliff and a company with a shack for an address in TX (Outfield Marketing) secure a $2.5 loan; what did they use for collateral?

Partial Discharge
Bk-Pg:23537-176 Recorded: 03-18-2009 @ 10:05:13am Inst #: 13836 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Partial Discharge
Desc: UNIT 409 TIME 9
Refers to Book: 23138-185

Town: PROVINCETOWN Addr: ROUTE 6A

Gtor: COLEBROOK FINANCIAL COMPANY LLC (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: FESTIVA RESORTS
1 VANCE GAP ROAD
ASHEVILLE NC 28805

Recording Fee: 50.00 State excise: .00 Surcharge: 25.00


Bk-Pg:23537-181 Recorded: 03-18-2009 @ 10:05:13am Inst #: 13838 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Partial Discharge
Desc: UNIT 403 TIME 9
Refers to Book: 23138-185

Town: PROVINCETOWN Addr: ROUTE 6A

Gtor: COLEBROOK FINANCIAL COMPANY LLC (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: FESTIVA RESORTS
1 VANCE GAP ROAD
ASHEVILLE NC 28805

Recording Fee: 50.00 State excise: .00 Surcharge: 25.00
__________________

 

[Time Out]

Dont know what to do

I paid money to Outfield, however I am a member of Festiva. I am guessing it was like when i bought mine back in the 80's. I paid my money to the developer of Sandcastle and later Southcape and became a member of RCI.

Sorry Soul13 i am not great with computers, i dont know how to email you directly.

Do you think i will get anywhere if i contact the resort, New England vacation services or outfield?

 

[Time Out]

Personal Private Information

Hi Soul13,

I dont know why you are asking for my "Personal and Priviate Information". I am a bit skeptical giving my private information to someone i dont know over the internet. I am 70 years old and may not not be the most computer savvy but i am not stupid. I dont know how my personal information would alter your advice to me.

I did not ask for your advice, I asked the group. I just thought I could get some advice before i spent the money and hired a lawyer as i am on a fixed income.

If ANYONE can help me I sure would appreciate it. I have read my Festiva contract from Southcape over and over. I dont thnk there is a way out.

Thanks.

 

[Sou13]

Time Out,

How can anyone help you if you can't say for certain whether you ever owned a Southcape week? Only deeded owners who converted to Festiva have a case against NEVS/Outfield Marketing. If you ever owned a week at Southcape or Sandcastle there's a public record of it at https://72.8.52.132/ALIS/WW400R.PGM. All of the Southcape weeks that were converted to Festiva are recorded there.

If you email me privately and give a name that doesn't appear in the records, how were you able to convert a week to Festiva?

I'm no spring chicken myself, have owned my "float" Southcape week for more than 1/4 century, but it's never too late to learn how to access these deeds. I don't even own a computer, have to come to the public library or community college in order to do research.

Furthermore, I now have to pay $38 in fees for a student ID in order to continue using the Internet at the community college, and this means taking a course and finding the textbook for less than the $114 bookstore price. I just hope that the ID is good for more than a semester!

 

[Time Out]

I may be in the wrong place

Hi Soul13,

I want to clarify, i did say i am an owner at Southcape. Desiree is my eldest daughter, she found this site, set up the account. She associated an email address she had for over 10 years and doesnt use anymore.

I think i am in the wrong group. It appears when i joined festiva i lost my deed. Technally i am no longer an owner at Southcape. So i guess you are correct.

I only have two questions and welcome answers from anyone. How do i get my deed back and is there a group for prior owners of Southcape who joined festiva and lost their deed.

Thanks.

 

[Sou13]

Time Out,

The southcapeownersyahoogroup is accepting Southcape owners who converted to Festiva, whether you are happy or unhappy with Festiva or, for that matter, whether you are happy or unhappy with Southcape!

The link above brings you to the home page where the purpose of the group is stated and you are invited to join.

If you are sincere about wanting your deed back, I sincerely want to help.

 

[Time Out]

Deed Back

any adivce on how to get my deed back would be appreciated

 

[Sou13]

Re "Deed back" above:

See Post #1314 above. Take a look at your paperwork. Was it notarized by the salesperson who connived you into converting your deeded week to Festiva points? If not, let me know!