Peppertree Atlantic Beach, NC
[Moderator Notation: This original posting by the Guest OP: Shellykc and any responses since this Guest OP's posting have been merged into the Thread entitled: Peppertree Atlantic Beach I bankruptcy which originally started on June 22, 2015]
I just finished reading all the threads posted about the law suits, bankruptcy, demolition and repairs going on at Peppertree Atlantic Beach. Thanks for all your insightful posts. My husband, our son and I owned 4 units in Phase I and are wondering if any of you have had the following happen to them. I apologize in advance for the length of this post.
We elected to deed back one of the Phase I units last year and exchanged the remaining three to Phase II. I am wondering if any of you have experienced what is now happening to us. We, like many others, did exactly as requested by Festiva by sending in the required paper work along with deeding fees in March 2016 (our checks were not cashed until June following the filing of the bankruptcy papers). We were told by Festiva Member Services after receiving the bills for 2015 MF plus late charges to ignore them as they were computer generated and that we would receive a new bill when we received a new deed.
As time approached to use the first week (21) last year, we contacted Member Services and were told that we could pay the MF over the phone and use the unit. Now, considering we did not have a deed to the unit, we considered that a user/rental fee. How or why would we pay MF on a unit we did not own? My son did the same thing to use week 22 in 2015, again, knowing he owned nothing.
We were called in Aug 2015 by the manager of Peppertree cancelling our upcoming stay for week 35--we had not paid any fees as we still had not received a deed. I stated at that time that I was glad we had not paid for the use. She stated we would have to pay the MF because they still had to run the resort. Well, of course we did not pay since we did not own it and we were not going to be allowed to use it.
Fast forward to Nov, we all received bills for MF (week 35 showing MF without any late or additional fees). We still did not have a deed and did not own anything that came from Phase I. We FINALLY received a single deed for two properties on March 5th, 2016 (recorded in Carteret County on Feb 9th, 2016).
I contacted Member Services on March 7th and reminded them that we had paid for two recording fees and expected two deeds. The young man said he could not help me and would send the information to the "right" office. On March 11th I received an email stating that "as a cost-savings measure to the Homeowners' Association" the decision was made to register the two new weeks under one deed. They also were "kind" enough to tell me how I could have them registered as two separate properties (at my expense). I immediately sent a reply that reminded them that I had paid for the deeding of two properties and expected two deeds and that the Homeowners Association did not have the right to take cost-saving measures with my money. To date, I have had no response to that email. I also have not received a request for MF payment that I was told to expect with my new deed.
Yesterday, I got a call from a collection agency demanding payment of over $900 in MF and late, interest and collection fees. (I have not received a bill from Festiva for payment since the new deed was issued, contrary to what I was previously told). Needless to say, I was/am quite upset at this unprofessional tactic. I immediately got out my paperwork and called Member Services again. This time the agent tried to give me the number to the collection agency because he couldn't help me. I told him of the two issues (single deed and the collection agency) and that I would not deal with an agency or pay late fees, etc on property I did not own at the time of the only billing of MF last November.
The agent did confirm that my record showed only the November statement as being sent, quickly stating that maybe it was noted elsewhere. I stated that I want my account pulled back from collections and dealt with by Festiva. He in turn said he would get this request to the "right" office. I also requested a return phone call to discuss and resolve this since I have found that email is not an effective form of communication with them. And as you can guess, I am still waiting---however, the collection agency called my residence again last night. Our son is having the same experience and received a phone call from the collection agency this morning.
Is anyone else experiencing this lack of cooperation from Festiva concerning your trades from Phase I to Phase II? Is my logic skewed in thinking that I do not owe any MFs on property I did not own? Please share your thoughts with me. Is there recourse for us? If a class action suit is imminent, our family is ready to sign on. Is small claims court an option?
