(Topic ID: 292168)

Haggis Pinball - 2nd game = Fathom (officially defunct 7/2024)

By FalconPunch

3 years ago


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#9601 46 days ago
Quoted from bigehrl:

looking good.. so far we've got:
-Cary Hardy
-Jeff Teolis
-Zach Meny
-Tommy Floyd
-PPS
-The Liquidators
-The Customers who got their games, because these were paid for by later customer's money
-The Customers who didn't get their games, because they were dumb enough to give them money
Is there anyone we're missing to blame, that isn't the person who actually caused all this?

zach is selling one as we speak here

14
#9602 46 days ago
Quoted from Sorokyl:

I think you can make an argument that the distributors have more access to these operations and lend validity to them by offering their games. I suspect that fewer people would have ordered games from haggis directly if distros had seen and passed on the opportunity.
I am not suggesting they are to be held accountable, but they are the ones that made the comment everything looked "in order", I am just asking for clarification on what "in order" means.

Photos of the factory June 24 2021. Whilst he was still setting up it certainly looked in order. I left some money there before I left.

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#9603 45 days ago

According to the liquidator, as at 29 July 207 in Australia, their won't be any auction occurring for physical assets of Haggis Pinball Pty Ltd (in liquidation), as there was so little on site that the cost of an auction would exceed its commercial value...... I would have happily purchased tools, playfields, backglasses and other items from the liquidator - as the money would be going to a good cause: repaying the creditors

#9604 45 days ago
Quoted from Screwloose:

Photos of the factory June 24 2021. Whilst he was still setting up it certainly looked in order. I left some money there before I left.[quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image][quoted image]

If anyone is serious they’d say the guy never intended to scam or give anyone the shaft. In the end, though, that’s exactly what he did (e.g., saying games were “on the line”). Best intentions or not, when he knew the end was coming he tried to squeeze as much juice out of his enterprise (e.g., “send full payment now”) to cut his own loses before making it as difficult as he could for anyone to try and recoup what he wrongfully claimed was his (e.g., loading equipment onto a truck, going AWOL, shuttering any webpages on the company).

I wonder how much money he collected at the end and then took out of the business with him after calling for full payment on games.

#9605 45 days ago

Marty and Damien, please leave the community and never come back!!!!

#9606 45 days ago

Is Marty still doing podcasts?

-3
#9607 45 days ago

I'm an old dude 53 years and total nastagia for me... I have not read through this thread , I have not followed this effort for years, I'm happy someone tried. I like these ,"old games". Sorry if folks got screwed.

#9608 45 days ago
Quoted from Stuieb84:

I would have happily purchased tools, playfields, backglasses and other items from the liquidator

That's assuming any of that is actually left. Did the liquidator offer a list?

My guess would be that anything of value (tools and game parts) was already removed. I would also guess that the stuff left behind probably included raw materials such as wood stock, metal stock, cardboard, packing materials, worktables, chairs, and basic office supplies. Anything that wasn't worth the time & effort to move and store somewhere else.

#9609 45 days ago
Quoted from ForceFlow:

That's assuming any of that is actually left. Did the liquidator offer a list?
My guess would be that anything of value (tools and game parts) was already removed. I would also guess that the stuff left behind probably included raw materials such as wood stock, metal stock, cardboard, packing materials, worktables, chairs, and basic office supplies. Anything that wasn't worth the time & effort to move and store somewhere else.

They didn't offer a list, but made it clear that, at this point in time, there aren't any physical or intangible assets of Haggis Pinball Pty Ltd of value which are saleable.

#9610 45 days ago
Quoted from Stuieb84:

They didn't offer a list, but made it clear that, at this point in time, there aren't any physical or intangible assets of Haggis Pinball Pty Ltd of value which are saleable.

Lots of Value in that Budget Truck

#9611 45 days ago
Quoted from Stuieb84:

They didn't offer a list, but made it clear that, at this point in time, there aren't any physical or intangible assets of Haggis Pinball Pty Ltd of value which are saleable.

Which points to.. what?

#9612 45 days ago
Quoted from bigehrl:

looking good.. so far we've got:
-Cary Hardy
-Jeff Teolis
-Zach Meny
-Tommy Floyd
-PPS
-The Liquidators
-The Customers who got their games, because these were paid for by later customer's money
-The Customers who didn't get their games, because they were dumb enough to give them money
Is there anyone we're missing to blame, that isn't the person who actually caused all this?

I think everyone blames Damien first. I think you knew that.

#9613 45 days ago
Quoted from Doctor6:

I think everyone blames Damien first. I think you knew that.

yeah, i get that. but by saying “first” you’re highlighting my point. it's the receiving line of blame towards people who were fooled, and in the dark, just like the rest of us, that’s being concocted and perpetuated by the know it all’s in this thread, that’s got me shaking my head. And probably part of why they’re doing it is they can’t find the guy who’s actually to blame.

#9614 45 days ago
Quoted from gdonovan:

Which points to.. what?

Everything is gone. The servers are gone if you wanted to purchase the intellectual property rights to: the cabinet designs, parts specifications, logo, website, playfield design, or software.

Damian left absolutely nothing for the creditors to be able to recover debts with.

#9615 45 days ago
Quoted from ForceFlow:

That's assuming any of that is actually left. Did the liquidator offer a list?
My guess would be that anything of value (tools and game parts) was already removed. I would also guess that the stuff left behind probably included raw materials such as wood stock, metal stock, cardboard, packing materials, worktables, chairs, and basic office supplies. Anything that wasn't worth the time & effort to move and store somewhere else.

Haggis pinball also has a charge on the Personal Properties Security Register for his raw materials (I posted it earlier in this thread). If he paid his trade creditors on time, this wouldn't exist. Even the wood and plastic isn't available to make deposit payers, or pinball dealers partially whole

#9616 45 days ago
Quoted from Stuieb84:

Everything is gone.
Damian left absolutely nothing for the creditors to be able to recover debts with.

Makes sense. By all accounts there were multiple large trucks parked outside in those last few days. One usually doesn’t need all that just to take the contents of their office.

19
#9617 45 days ago
Quoted from bayoubilly70:

I'm an old dude 53 years and total nastagia for me... I have not read through this thread , I have not followed this effort for years, I'm happy someone tried. I like these ,"old games". Sorry if folks got screwed.

The actions of Damien and Marty and their eloquent business exit strategy that we've all witnessed clearly shows they were in it for the dollar, and the love of pinball and the community were a long distant 2nd.
Bit tired of hearing this "someone tried" crap. They owe good people their earnings, or a pinball. The latter is no longer possible.

#9618 45 days ago
Quoted from John1210:

The actions of Damien and Marty and their eloquent business exit strategy that we've all witnessed clearly shows they were in it for the dollar, and the love of pinball and the community were a long distant 2nd.
Bit tired of hearing this "someone tried" crap. They owe good people their earnings, or a pinball. The latter is no longer possible.

Exactly. They cleaned the place out; lock, stock and barrel.

#9619 45 days ago
Quoted from gdonovan:

Exactly. They cleaned the place out; lock, stock and barrel.

Even lower than Robert Mueller, Andrew Heighway & John Popadiuk....at least when they folded, then interested parties could buy their parts and intellectual property, so that money could go back to creditors

#9620 45 days ago
Quoted from Jfed:

Is Marty still doing podcasts?

We haven't seen a Final Round podcast since June 1st. I suspect they are on a "break" for now.

I don't blame Marty, it wasn't his company. He does have to be sensitive about things going forward if he keeps podcasting. I suspect he won't be back which is too bad because I enjoyed the Final Round.

Jeff lost money also - he had a deposit on a Centaur.

#9621 45 days ago
Quoted from kool1:

We haven't seen a Final Round podcast since June 1st. I suspect they are on a "break" for now.
I don't blame Marty, it wasn't his company. He does have to be sensitive about things going forward if he keeps podcasting. I suspect he won't be back which is too bad because I enjoyed the Final Round.
Jeff lost money also - he had a deposit on a Centaur.

Really i heard he was the only one who actually received his

-1
#9622 45 days ago
Quoted from Ballypinball:

Really i heard he was the only one who actually received his

No one in North America got a Centaur

#9623 45 days ago
Quoted from kool1:

No one in North America got a Centaur

Who owned the one at TPF?

#9624 45 days ago
Quoted from kool1:

No one in North America got a Centaur

yes they did

#9625 45 days ago

If anyone got a Centaur that wasn’t a prototype for a distributor then that is criminal they got that ahead of paid up Fathom buyers. Absolutely abhorrent.

10
#9626 45 days ago
Quoted from Boof-Ed:

If they paid for the game then they are no different to anyone that has a Fathom. Why should they have to return something that was paid for. If this was the case every fathom in existence should be returned.

Hot take: At this point, I don't care if they paid or not. Creditors aren't gonna get shit. Buyers aren't gonna get shit. Distros who are out of their money aren't gonna get shit. Paid in full, or paid zero dollars, I do not care either way if Nitro wants to keep the game.

#9627 45 days ago
Quoted from Stuieb84:

Even lower than Robert Mueller, Andrew Heighway & John Popadiuk....at least when they folded, then interested parties could buy their parts and intellectual property, so that money could go back to creditors

More than likely the difference is those guys didn’t create shelters for it all… while damien likely put very little into the actual company itself. Leases, self dealing, people using personal assets, etc…. Keeps a legal entity thin, and shields losses.

Remember even the pinball bros did this to extract the IP out of HWP when they gave it a second chance… moved all the primary IP and assets to their own self owned entity and then ‘sold’ stuff to hwp in small increments to give them some chance to continue… while protecting anything they felt would be worth keeping post collapse.

Any copyright or game assets of value are likely tied up with PPS conditions too. Likely the only digital assets of real interest are for spare parts replacements for the community.

-1
#9628 45 days ago

Nope. One prototype was delivered to Nitro and shown at Texas. That's it.

#9629 45 days ago
Quoted from kool1:

Nope. One prototype was delivered to Nitro and shown at Texas. That's it.

Surely you know Canada is in North America...

#9630 45 days ago

Could just tag the people who have the Centaur revisited listed in their collections in this thread. I guess some people list the machines before they actually get them. But one way to solve this disagreement.

#9631 45 days ago
Quoted from Sheev_Palpatine:

Could just tag the people who have the Centaur revisited listed in their collections in this thread. I guess some people list the machines before they actually get them. But one way to solve this disagreement.

Theres no disagreement. If we're giving some benefit of the doubt, then Kool maybe is saying no production games made it to North America, but no production games made it anywhere. Theres maybe 2-4 Centaur prototypes in existence, and thats it, thats all the Haggis Centaurs. One is currently in North America. No point in contacting centaur owners from the pinside list, they didn't get games.

#9632 45 days ago

Oh God, Damien looks so much like a caricature of me that I HAVE to post this.

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#9633 45 days ago
Quoted from Haymaker:

Creditors aren't gonna get shit. Buyers aren't gonna get shit. Distros who are out of their money aren't gonna get shit.

I believe this was the Haggis mission statement when they established the company.

#9634 45 days ago
Quoted from flynnibus:

More than likely the difference is those guys didn’t create shelters for it all… while damien likely put very little into the actual company itself. Leases, self dealing, people using personal assets, etc…. Keeps a legal entity thin, and shields losses.
Remember even the pinball bros did this to extract the IP out of HWP when they gave it a second chance… moved all the primary IP and assets to their own self owned entity and then ‘sold’ stuff to hwp in small increments to give them some chance to continue… while protecting anything they felt would be worth keeping post collapse.
Any copyright or game assets of value are likely tied up with PPS conditions too. Likely the only digital assets of real interest are for spare parts replacements for the community.

I am not a lawyer, and I am not Australian and definitely not an Australian lawyer but, in the US, the corporate veil can be pierced if fiduciary responsibilities are not upheld by the company directors. This appears to be the case in Australia as well.

https://lawpath.com.au/blog/corporate-veil-can-pierced

#9635 45 days ago
Quoted from gandamack:

I believe this was the Haggis mission statement when they established the company.

From what can be ascertained from public documents:the registration of industrial equipment and the website were always in the name of hartsco pty ltd, not haggis pinball pty ltd

#9636 45 days ago
Quoted from Stuieb84:

From what can be ascertained from public documents:the registration of industrial equipment and the website were always in the name of hartsco pty ltd, not haggis pinball pty ltd

I'd call this 'a Pty party'.

10
#9637 45 days ago
Quoted from PPS:

408-891-7878 is my cell as has always been posted... Happy to discuss with anyone anytime.
Also [email protected]

Open door policy is commendable, but wouldn't it be simpler in a situation like this to make a single public statement, as opposed to potentially a hundred individual calls and emails? Feels like a rug sweep.

#9638 45 days ago
Quoted from Haymaker:

Surely you know Canada is in North America...

Nitro was the Canadian distributor for Haggis

#9639 45 days ago
Quoted from Ten31:

I am not a lawyer, and I am not Australian and definitely not an Australian lawyer but, in the US, the corporate veil can be pierced if fiduciary responsibilities are not upheld by the company directors. This appears to be the case in Australia as well.
https://lawpath.com.au/blog/corporate-veil-can-pierced

The thing is… failing isn’t enough. I mean jpop is the easiest example here… not just failure but gross incompetence. Yet he has been able to basically get away.

Structuring for insulation isn’t illegal either. There are lots of ways to limit exposure while still staying above the line. The self dealing and private companies make it easier for you to do it in the dark. Sad thing is he’ll probably get writeoffs for the failed pinball company’s defaults to his other entities.

#9640 45 days ago
Quoted from flynnibus:

The thing is… failing isn’t enough. I mean jpop is the easiest example here… not just failure but gross incompetence. Yet he has been able to basically get away.
Structuring for insulation isn’t illegal either. There are lots of ways to limit exposure while still staying above the line. The self dealing and private companies make it easier for you to do it in the dark. Sad thing is he’ll probably get writeoffs for the failed pinball company’s defaults to his other entities.

Not always. Depending on the laws where the company was incorporated. Under capitalization can pierce the corporate veil. It takes lawyers to go after these sorts of things. But it's probably time consuming and the legal fees probably are going to offset any legal judgement which is why it rarely happens. But, again, it depends on jurisdiction.

#9641 45 days ago
Quoted from kool1:

Nitro was the Canadian distributor for Haggis

Yes, I know. We all know. We're trying to do the geological math that you laid out where somehow Nitro has a Centaur Revisited but at the same time, according to you, nobody in North America got a Centaur.

#9642 45 days ago
Quoted from Ten31:

Not always. Depending on the laws where the company was incorporated. Under capitalization can pierce the corporate veil. It takes lawyers to go after these sorts of things. But it's probably time consuming and the legal fees probably are going to offset any legal judgement which is why it rarely happens. But, again, it depends on jurisdiction.

Point still remains the same. Even though there is stuff that seems obvious mismanagement.. and would seem like an obvious slam dunk way to say 'this will never stand'... it's no means an assured thing. I mean Zidware's business plan wasn't just under capitalized, it was not even a viable business. The man probably never made a single clean transaction in the life of the business... yet it survived not only bankruptcy court, but allowing him to transfer those ill gotten assets to another party... and to have those assets sold AGAIN in yet another bankruptcy. And that was with domestic customers not only interested in pursuit, but actively suing the guy and company.

They got a win against JPOP personally, but he filed for bankruptcy and had transferred the IP to deeproot FOR HIS OWN PERSONAL GAIN (paying for his defense). It took 7 years.. and at the end of the day the customers ended up getting a few storage units worth of left over junk as settlement.

7 years, with domestic litigants, and friendly lawyer on the deal.. against a guy with very little.
Here, we have international customers, probably less customers involved, with probably less money, and against a guy we already have hints of trusts and other shields being raised.

Look at Deeproot where the scale is tens of millions... and way more deception... and we can only hope criminal law will catch up to Robert. Civil has deflated to meh. How much money from customers do we really think was lost with Haggis? 100k? 200k? I would struggle to see even that much.. but would love to hear otherwise.

#9643 45 days ago
Quoted from yancy:

Open door policy is commendable, but wouldn't it be simpler in a situation like this to make a single public statement, as opposed to potentially a hundred individual calls and emails? Feels like a rug sweep.

No, as most people are prone to post here their dislike for Planetary but will never call Rick up to file said complaint. Seen post like this before and Rick has posted that no one has ever called him with any complaints. This also allows for Rick to go on and think that there's no quality issues with any product he licensed.

#9644 45 days ago
Quoted from meSz:

No, as most people are prone to post here their dislike for Planetary but will never call Rick up to file said complaint.

Oh, for sure. Which makes it a slam dunk to offer up the phone number in lieu of a press release.

#9645 45 days ago
Quoted from Haymaker:

Surely you know Canada is in North America...

Well...I at least knew it was north of America, some people speak French, and everything is super expensive

#9646 45 days ago

I have called and spoke on the phone in regards to Mirco and his crap products. Nothing came of this at all. Rick had some good ideas to potentially assist with customers receiving poor quality PF's... but nothing changes. While I appreciated the conversation - it was a waste of my time in the end.

Quoted from meSz:

No, as most people are prone to post here their dislike for Planetary but will never call Rick up to file said complaint. Seen post like this before and Rick has posted that no one has ever called him with any complaints. This also allows for Rick to go on and think that there's no quality issues with any product he licensed.

#9647 45 days ago
Quoted from Haymaker:

Yes, I know. We all know. We're trying to do the geological math that you laid out where somehow Nitro has a Centaur Revisited but at the same time, according to you, nobody in North America got a Centaur.

It's not according to me - did you watch the unboxing? It was a one off prototype shipped up to show at Texas unless you think Tommy and Zach are lying?

Quoted from Billy16:

Well...I at least knew it was north of America, some people speak French, and everything is super expensive

LOL. Given my recent trips to Chicago, Florida and upstate NY I'd say things are generally more expensive in the US these days.

#9648 45 days ago
Quoted from kool1:

It's not according to me - did you watch the unboxing? It was a one off prototype shipped up to show at Texas unless you think Tommy and Zach are lying?

Further muddying the waters... prototypes and samples for marketing imported to the country are not meant to be sold. They are usually handled under tariff and tax reasons differently when importing and doing your accounting. (because their presence is temporary...)

If the game was sold to Nitro as a demo piece.. even if built as a prototype, it's legal and tax definition changes. Since it would be intended to stay in the country indefinitely for Nitro... since they claim to own it.. it's no longer a sample or company prototype, but in fact a regular finished good. One that Nitro could have treated as a sample/demo piece for their own accounting purposes for inventory, taxes, etc.

All water under the bridge now... but for all intents... if it was sold to Nitro to own.. it's just the same as a finished good... just one built maybe to a spec different from later (never realized) versions.

#9649 45 days ago
Quoted from flynnibus:

Point still remains the same. Even though there is stuff that seems obvious mismanagement.. and would seem like an obvious slam dunk way to say 'this will never stand'... it's no means an assured thing. I mean Zidware's business plan wasn't just under capitalized, it was not even a viable business. The man probably never made a single clean transaction in the life of the business... yet it survived not only bankruptcy court, but allowing him to transfer those ill gotten assets to another party... and to have those assets sold AGAIN in yet another bankruptcy. And that was with domestic customers not only interested in pursuit, but actively suing the guy and company.
They got a win against JPOP personally, but he filed for bankruptcy and had transferred the IP to deeproot FOR HIS OWN PERSONAL GAIN (paying for his defense). It took 7 years.. and at the end of the day the customers ended up getting a few storage units worth of left over junk as settlement.
7 years, with domestic litigants, and friendly lawyer on the deal.. against a guy with very little.
Here, we have international customers, probably less customers involved, with probably less money, and against a guy we already have hints of trusts and other shields being raised.
Look at Deeproot where the scale is tens of millions... and way more deception... and we can only hope criminal law will catch up to Robert. Civil has deflated to meh. How much money from customers do we really think was lost with Haggis? 100k? 200k? I would struggle to see even that much.. but would love to hear otherwise.

One of my old bosses used to have the saying "Justice isn't cheap" whenever he had a client complain about the fee estimate to engage in a proposed litigation.

flynnibus makes some good points. It takes considerable resources to pursue someone in this situation, even if they had clear breaches of their fiduciary duties as a director, or breaches of the Corporations Act, or engaged in fraudulent behaviour.

#9650 45 days ago
Quoted from John1210:

The actions of Damien and Marty and their eloquent business exit strategy that we've all witnessed clearly shows they were in it for the dollar, and the love of pinball and the community were a long distant 2nd.
Bit tired of hearing this "someone tried" crap. They owe good people their earnings, or a pinball. The latter is no longer possible.

If you’re a business, you’d better be in it to make money. Otherwise, you won’t be in business for long.

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