|
" If you don't want it printed, chances are it'll show up in Street
Talk." -- anonymous
FROM STREET TALK, FEB. 21, 2003: This topic got rather lengthy, so we have moved it to
this page.
Last updated Feb. 27
Apparently the investigation into Nigel Russell's actions over the last few years
goes deeper than " mere" indentity theft and passport fraud, though details are still scarce at this point.
(Are any of you nervous about what the feds might find in his computer and other files? Or who might turn State's
Evidence?) And those few of you who defended Nigel as a stand-up guy and a brilliant businessman (just before you
jumped ship)-- do you still feel the same way, or is it now a case of " Hardly knew the guy..." ? Did
you leave a paper trail? Are you sweating?
Most recently, Nigel is being investigated for allegations of murder for hire. (see
the separate page about all of this scandal)
OLD TIMESHARE SAYING: When a fish stinks it's from the head down.
Editorially speaking, we agree with those of you who wrote in to point out that in the end Plantation Resorts
developer Blaine Liljenquist and Ken and Brian Taylor (Spinnaker Resorts/Southwind Sales and Marketing)
bear a lot of responsibility for Nigel's alleged scurvy actions since it was they who empowered him-- first by
hiring him and then by retaining him after it became obvious that he was not exactly an ethical man. Both entities
not only stood by while Nigel allegedly looted and pillaged his way through sales reps' reserves and commissions,
it appears (at least on the surface) that they may have aided and abetted by doing nothing to stop it. Liljenquist
seems to have objected enough to fire Nigel only when he discovered that Nigel was allegedly stealing from him,
too. Most recently, rumors are swirling that Blaine, his lawyer, and the current BIC (Broker in Charge) are working
hard to try to keep a lid on things. We find it interesting that the local newspaper, the Myrtle Beach Sun News,
has so far given only one brief mention about the whole thing, lost in the back pages. This is juicy most reputable
local newspapers would be all over something like this. Why aren't they?
Many sales reps have written to us accusing both Liljenquist and Brian Taylor's companies of retaining $$$hundreds
of thousands of their reserve funds, which they think they will probably never get. Taylor allegedly is already
in deep financial trouble, and rumors are rampant that he is being investigated by various federal entities. Blaine
Liljenquist, on the other hand, is politically very well-connected in South Carolina, having once been the head
of the Republican Party for Horry County, so what is the chance that he will be investigated for anything, our
readers ask? Both entities allegedly were aware of the bogus chargebacks and reserve funds disappearing but did
nothing about it for 5 years. Says one disgusted and irate former Plantation Resort sales rep: --" I
have one final word: UNIONIZE!!!!!!!"
- YOUR OPINIONS:
- Feb. 21: --" Where
there is smoke there is fire? I think
there is enough smoke that all the management team at Spinnaker Branson are running like rats off a downed ship.
Only time will tell."
- AND: --" I
was one of many that got dooked out of reserves
and was owed paychecks by both parties. ...it has left a bad taste in my mouth at something that I was good at,
selling timeshares, and now I have chosen to sell other things. I am still owed a reserve at Plantation Resort
that keeps being denied to me. They also refused to pay me my last 5 commission checks to supposedly add to that
reserve and now will not refund my reserve after it has now been over 8 months since I was employed and real estate
laws say they can only hold it for 6 months. I think the real estate commission needs to investigate a lot of people
at that resort."
- Feb. 22: --" To
add more information about the misuse
of monies by Southwind Sales, I worked as staff support for Plantation Resort for three years, 99-01. For the last
two years I worked there, money was deducted from my paycheck to cover health coverage premiums. Only after I had
some eye surgery performed in May '02 was I informed by Southwind that they no longer were going to pay premiums
to New England Financial/One health Plan. Presently I am trying to avoid having to pay the full cost of the operation
instead of my presumed 20%, since One Health Plan now says there was no coverage at the time, although I have a
cancelled check to cover the period... Other staff employees had similar experiences, I have since found out..
I wonder what happened to the payments we made? Fraud? Good Luck!!!"
- Feb. 24: --" It
appears that the health insurance plan
was canceled sometime in February 2002 the company was trying to somehow resurrect the policy, and did not notify
the employees until May 31, 2002. Some of the workers got hit very hard, including the management, which have all
left. The Taylors may have been well intentioned, but that did a lot of damage."
- AND: --" In
reference to the comments about Plantation
Resort and reserve accounts, there needs to be some clarification:
I have worked here as an exit rep, sales rep, administrative employee and a manager for 4 years through SSMI/Spinnaker,
Mulder, and now for Plantation Resort. IF you worked under SSMI/Spinnaker THEY are the ones who took your reserve,commission
checks,insurance money,etc. If you worked under Mulder Corp, THEY/Nigel are the ones who took your reserves,etc.
Further, Plantation Resort's Blaine Liljenquist was the ONLY one who stepped up to the plate to pay reps their
commission checks when SSMI and Mulder left. (He also paid the admin staff on checks that Mulder owed them.)
I agree that if commissions or reserves are owed to a sales rep that they be paid them, but let's put the blame
in the right place. As having worked part-time on the admin side of both SSMI and Mulder, there could have been
NO WAY that Plantation Resort/Blaine would have known about misappropriated insurance money, reserves,etc.,because
that information was never reported to him since all 1099 contractors were paid through either SSMI or Mulder.
Since Blaine/Plantation Resort Properties,Inc took over in June,yes,reserves have been taken on sales reps. However,
when a sales rep has a chargeback due to a default, the RESERVE fund is where the money is debited from, not the
reps current check (and I can guarantee you that never happened with SSMI or Mulder). This is the first time that
this has EVER happened here since I've been working here.
So, if you want your money,find out which company paid you and go after the appropriate party for it."
- AND: --" Some
of the info you gave on where the reserve
funds, insurance premiums, etc generates from is accurate. And YES, it IS the responsibility of SALES/MARKETING
administration to keep records of who, what, when and where, when a sale is made. However when an agent makes
a sell, they are paid by the SALES/MARKETING company (ssmi/ mulder) out of the 58% that they receive of the sales
price. The other 42% goes directly to BLAINE LINJENQUIST. To my knowledge, Blaine is directly responsible for funding
& co-signs the note. He is the one who CHARGES SALES/MARKETING BACK FOR THE MONIES!!! THUS, THEY (sales/marketing)
CHARGE THE AGENT BACK. Hello? are you still with me? Therefore Blaine is directly in charge of ALL the monies.
And who came up with this " 6 timely payments"
rule? The Labor law in South Carolina states that typically, an agent is due their commissions after the 4 day
" right of recission" has been reached. An owner may cancel after that time (relinquishing their deposit
and any monies paid to date), and it is the sole discretion of the developer to go after that owner with lawsuits,
liens, etc. That is the risk of being a developer/proprietor of a business. Where does the owner's deposit &
monies paid to date go? Certainly not in the agent's pocket who was responsible for the sale yet they are charged
back the FULL COMMISION earned for the sale.
SO what have we learned today? We have learned
that the DEVELOPER is directly in charge of ALL the monies that are generated from his business regardless of who
the sales/marketing team may be at any given time. The developer charges back the sales/marketing and they charge
back the agent. And no Blaine did NOT pay all the commissions owed when others went defunct. I have proof!"
- AND: --" If
you agree that SSMI/Mulder gets paid 58%
and the other 42% goes to Blaine, then wouldn't it make sense that, if there is a charge-back (due to the customer
not paying for their purchase), that NOT ONLY does the marketing company lose their commission but Blaine loses
his part,too??? So,wouldn't it stand to reason that whether you're on the side that receives 58% or 42%,you lose
it!!!! In that case, why should the sales rep get to keep their commission on bad business when everyone else loses
theirs?
If you think the timeshare industry is just being crooked for charging back, then why don't you talk to an insurance
agent… the same principle works in that field: If the business doesn't stick (whether by cancellation or nonpayment
anytime within the first year), the agent is charged back.
One more thing: The 6 timely payment rule has always been part of the Independent Contractors Agreement. How " labor
laws" could relate to that I have no clue. If you signed the agreement, then you agreed to it, so why are
you surprised when you get charged back?"
- AND: --" Does
this person think that the clients who
come in for a tour are sent in by some kind of government agency without charging? Please... to allude that Plantation
Resort is the only one that uses the phrase " Six timely payments" shows me that this person needs some
obvious exposure to the timeshare industry.
Developers are the ones that are totally exposed and stuck with the heat (that no one pitches). The sales people
come and go and the managers just as frequent leaving the developers to cover the false promises made by both.
Who does this person think is absorbing all of their failed deals since they left, the 'Toothfairy'?
As for the editorial written by 'The Beat' about Liljenquist being an enabler for Nigel and indicating that he
was trying to keep it quiet around Myrtle Beach. I don't know if he is but what I do know is that you ought to
be ashamed of yourself for exercising your journalistic freedom on that subject. You know what I am talking about
as to why he might want to keep some of what Nigel has done quiet. As I understand it you have been informed by
a source close to you of all the details, some that you haven't printed, thankfully. But you know why he might
want some of what Nigel is accused of quiet and yet you take the liberty to turn it into criticism? I won't mention
the reason but you would do the same thing.
He is a businessman and some of his decisions are not going to be liked by everyone. However, he is one that uses
discretion and honor, something not found too often in this industry and there should be more developers like him." Note from Street Talk: please note
that the editorializing was not done by " The Beat" . It was done by " Street Talk" , which is
only one column within The Beat. Our opinions are our own. We'd appreciate it if you'd finally get that straight.
- AND: --" I
can't stand this anymore, so I have
to chime in on this. There are a few, maybe 8, people that would know the true answer to the Plantation reserves
question and whether Blaine is liable for those funds to the agents. The short answer, in my opinion, is " YES"
for SSMI because during the final 21 months that SSMI transacted business as Plantation's agent, it was without
a contract. The sales contracts that were signed by purchasers represented that the transaction was taking place
directly between Plantation Vacations, hence the reference that many remember to PVI inventory which existed in
the Presidential Villas and the Plantation Resort Phase One. It is my interpretation that since the agents were
effecting contracts for Plantation Vacations, with SSMI nowhere listed on the contract that the responsibility
rest squarely on Mr. Liljenquists shoulders. Might be worth a search through the records Mr. Kitz, You know we
all count on you in Columbia to help us out. But as a matter of course, those few individuals who have contacted
Blaine directly in a professional manner have been respectfully treated and given what was fairly theirs. They
might not receive all that they feel they are owed, but the alternative is to seek reparation from one of two insolvent
companies, Anybody think Bob might have odds on that?
As for the reserves from Nigel, Es ist ein hoffnungsloser Fall!
Good Luck Guys!"
- AND: --" Again,tell
me, how is it that Blaine paid the commissions
to SSMI,which they in turn paid reps from and now somehow Blaine is responsible???? I personally saw commission
checks paid to SSMI from Blaine for most of those last " 21 months" . If there was no contract….then why
did he pay SSMI? Someone definitely has their facts messed up."
- Feb. 27: --" Regarding the response: --1If you agree that SSMI/Mulder gets paid 58%...' SSMI and Nigel violated SO MANY parts of an independent contractor's agreement
that this person must be a loon.... mandatory meetings, mandatory hours (report at 8am and sometimes not 'released'
to leave for a full twelve or fourteen hours), taking chargebacks from personnel and departments where NO agreement
had ever been signed, the leasing department for example... they made up the rules as they went along, and plenty
of people put in many long hours and a lot of hard, earnest work and never saw the fruits of their labors, thanks
to Project Director Zipper and his cronies...."
- AND: --" In
reference to " regarding the response" :
The discussion that was started was concerning accusations about BLAINE and chargebacks/commissions,not Nigel or
SSMI and their militant management practices. You should read the responses in the context they are given before
you call names."
- AND: --" A
few years back I was the number one
in-house salesman for Plantation Resort. Michael Biancone was the in-house director at that time. Well, to make
a long story short, he fired me over the telephone and told me it would be a cold day in hell before I would get
my reserve ($2000) back. I waited out the normal waiting period and then I obtained an attorney (Paul Young) and
after 2+ years I finally beat them. I got all my reserve back plus attorney fees. My point is, this guy is the
lowest form of life in our great industry. He pitched more heat than the devil himself, he should never ever be
allowed to continue in our business. I hope there will come a time that his license is revoked here in SC and anywhere
else he can decieve his tours."
E-mail street@streettalkblog.com
E-mail street@streettalkblog.com
|
