Saratoga - maybe OT - need legal advice

[kawanku]

All: thanks again for all your support - really really appreciate it at this time....

To Moderator of this Board - I do apologize also if TUG did something not following the rule of the board. TUG has been helpful and as I said that it is rare for somebody to step up to help others above and beyond the call of duty.... I can't thank TUG enough for doing that...

I will wait for TUG advice before I take the next step.. it seems that some of you could even trace the website, craigslist etc which is beyond my imagination....

I will also update all you of you on how this will turn out... I am still hopeful, this can be resolved but again I will do what you guys advised me if this can't be resolved....


Benny

 

[lugnut33]

If you can trace back who the business is registered to, you can use that name to do an "internet" investigation on that person. It usually costs about $20 to get everything you need to know about a person.

 

[kawanku]

All - it is bad news - finally I got confirmation from TUG...

I copied his response below:
Well unfortunately the news gets progressively worse, the information provided by the individual when joining is obviously someone elses. I reached a nice little old lady in tampa by calling the number provided in his membership, and was at least convinced she had no idea who the person was we were trying to reach.

*sigh

I have advised the OP to begin contacting law enforcement officers in the location he mailed the check, as well as the bank to ask for advice in this matter and or their help in tracking down the invidiual that cashed his check.

================

I have done the followings:
- I tried to report criminal complaint to Ladera Ranch police - spoke with them but was told to report in GA since I am in GA

- I talked with WaMu Ladera Ranch branch tried to initiate investigation - not that successful so far... I faxed them the copy of my checks which cleared through WaMu...

- I talked with my bank (BoA) and we tried to initiate Stop Pmt but the system would not do that due to checks were cleared before...

So, I guess that I am 0 for 3 for the day... not a good day....

==========

Honestly, I am not sure what to do exactly and I appreciate all the suggestions... For those of you that know more - can you email me privately at bsumardi at mindspring dot com... I hope that I don't break any rule by posting my email....

 

[FoodLover]

I believe someone already suggested this, but be sure to report this crime to the FBI's cyber crime unit:

http://www.ic3.gov/default.aspx

I was once ripped off online for a much smaller amount and reported it through the form at the link above. It actually got a response and a resolution, much to my surprise. Worth a try. If nothing else, it would be good for the FBI to get on top of these scammers before they harm more people!

Mary

 

[Moeluv4u7]

kawanku,
I am sincerely sorry for the aggravation you have had to go through due to all of this and truly hope someone out there can help you to find the criminal and even recoup back some of your monies-

TUG, very impressed with your actions and I must say not a norm in our world today, unfortunately- Very upstanding to try and help out a person w/ a problem such as this-

I would like to know the outcome so kawanku, keep us informed- it may be a long process but it will help out someone else who may get into a situation similar-

 

[dianeschlicht]

Fraud over the internet is treated like mail fraud as long as the funds are exchanged through the mail. Since they had you do FedEx, you can't go the mail fraud route.

 

[kawanku]

All: I guess that I am out of luck from the mail stand point...

I have reported to Internet fraud of FBI as suggested last night...

I have also reported to the police in GA (as suggested CA police since it originated from GA

Well - it is very expensive lesson to learn....

I will try some more avenues but I know that chances are not that good (not trying to be half empty glass.....)

I haven't told the kids yet about this and I still try to decide whether I have to find something else to rent during that time (Dec 20 -27).... Please pray for me.....

 

[ClarabelleCow]

While the entire situation really stinks, I hope it's a lesson learned to everyone. I worked for a major Credit company and the amount of fraud like the happens all the time. The big companies just write it off, but to a person, its a killer.

To the OP, maybe you should not try to "rent" points, just go direct through Disney, maybe not getting the bigger unit if cost is an issue. Just not sure it is worth it.

 

[Horace Horsecollar]

This sounds like an Interval Exchange they were renting so you might also call II and see what's up.

Actually, it sounds like the criminal wasn't renting anything backed up by a real week -- just a fraudulent story of a "wk: 51 / 2008, Saturday To Saturday, Two Bedroom Lockout, 2 Bathrooms, Sleeps 6."

It seems that the fraudster fabricated the description based on standard timeshare lingo ("wk: 51") and the basic knowledge that a week at SSR at Christmas time would be considered a good bargain for $1600.

I hope this crook can be stopped before he cheats someone else using a different name and different website.

 

[LIFERBABE]

Actually, it sounds like the criminal wasn't renting anything backed up by a real week -- just a fraudulent story of a "wk: 51 / 2008, Saturday To Saturday, Two Bedroom Lockout, 2 Bathrooms, Sleeps 6."

It seems that the fraudster fabricated the description based on standard timeshare lingo ("wk: 51") and the basic knowledge that a week at SSR at Christmas time would be considered a good bargain for $1600.

I hope this crook can be stopped before he cheats someone else using a different name and different website.

Good catch! An SSR 2 bed sleeps 8. And would rarely be described like that. Not blaming the victim, just sad that they pretty much posted anything

OP, sorry for your plight and I hope you get justice.

 

[mytwoboys]

OMG - We almost did that too... same guy, but when we got the contract with NOTHING filled in, we backed out - Stop Payment on the check, etc. If you paid through your bank, contact them - they WILL help... DONT BUY ANYTHING unless from a reputable organization, there are plenty!

 

[mytwoboys]

I'd also contact DVC and alert them. While there isn't anything official they can do, they may be able to help somewhat. This sounds like an Interval Exchange they were renting so you might also call II and see what's up. Sorry it happened even if it gets worked out. What are your dates? Do you have air already or are you driving from ATL?

That's exactly what I thought, the conf # I was given from Daniel had letters and numbers, when I called Disney to verify, they let me know they used only numbers and that II exchanges could not be transferred....

 

[ClarabelleCow]

wait - you also sent them 3500 dollars and thought you could get 150 points at approximately 47 a point???

 

[mytwoboys]

wait - you also sent them 3500 dollars and thought you could get 150 points at approximately 47 a point???

No - Just the rental portion - (we knew about ROFR), when we called about the rental, he told us the owner just wanted to give the rental for anything and was having trouble, we thought maybe it was an older couple not savvy with the internet or something. Luckily we canceled the check before it was cashed. I had a BAD feeling.

 

[Brian Noble]

when I called Disney to verify, they let me know they used only numbers and that II exchanges could not be transferred

II exchange IDs are numbers-only as well; 9 digits. This was just out-and-out fraud.

 

[kawanku]

mytwoboys - I am glad you are able to avoid it... he exactly said that to me about the rental... the owner really needed the money etc etc... I can only blame myself ...

I am not familiar with the sleeping arrangement or the ad type.... and I have rented several times from TUG ad with no problem at all... In face, according to TUG, I am the first victim in their 15 yrs of existence....
TUG ad is always on weekly basis including Disney as I rented an OKW studio before for 1 wk..... I like it that way so I don't need to worry about moving around etc.....

I haven't done anything else today... been busy at work and kind of in really down mood.... and not sure what to do or who to report other than I already did...

My checks already cleared (both for rental and down payment of purchasing point) and I called my bank but I can't get any help.... it is too late...
The checks were not sent using post office so I can't file complaint with USPS either for mail fraud....

Is there a way that this is considered federal case since the money crossed the state? If it is, where else can I report this criminal to?

I will not hear from the local police in GA for a while and they said they don't always follow up since it crossed the state and it will be costly to investigate.... I can't report to the police in CA because it didn't originate from there.... sigh....

 

[kawanku]

Does anybody know if I can do small claim court in Ladera Ranch, CA? If you do, can you let me know how exactly... I am not at all familiar with judicial system....

Will it help me to file something in small claim court?

One more thing - do you all know if I need to close my bank account and open a new one? It will be a lot of trouble since I have had this account for 20+ yrs and everything is linked to it.... Please advise....

 

[Caskbill]

Does anybody know if I can do small claim court in Ladera Ranch, CA? If you do, can you let me know how exactly... I am not at all familiar with judicial system....

Will it help me to file something in small claim court?

One more thing - do you all know if I need to close my bank account and open a new one? It will be a lot of trouble since I have had this account for 20+ yrs and everything is linked to it.... Please advise....

Just my opinion but I doubt small claims court could do anythng. You'd have to give names (business and persons) with addressed. You may go to court but there's no way they would show up, and with false addresses, phone numbers, there'd be no way to collect any money.

As far as your bank account, I know I would definitely close the account and open a new one. Yes it will be a hassle, but remember, somewhere out there some crooks have your bank name, account number, and routing number. And if I'm not mistaken, they have your personal information, including home address and email address.

Maybe those guys wouldn't use the information, but they could easily sell it to someone else who would know how to use it somehow.

These crooks know enough about you already. Don't leave that account open any more.

.02

 

[mytwoboys]

Sent you an e-mail follow up to our phone conversation.

 

[cpdwiz]

All: I think I got frauded by timeshare broker regarding renting Saratoga Spring and I do apologize if I post in the wrong area.

I really do not know what to do next (I live in GA and the broker is in CA) and if any of you can let me know - I really really appreciate it.....

I saw an ad online at TUG -
$1600.00 Firm

wk: 51 / 2008
Saturday To Saturday
Two Bedroom Lockout
2 Bathrooms
Sleeps 6

TimeshareVacationConnections
1 888 798 9229 #1 Daniel

-----
I know it sounds too good to be true but I have rented before using the ad in TUG and had no problem. I exchanged communication with the company and was sent some type of simple agreement to fill out my information. They told me to send the money with the agreement and after the owner signed the agreement, they would send me a copy.

This is the last communication that I got from them:
Date: Sep 15, 2008 10:41 AM

Mr. Sumardi,
We have received signed agreement from the owner of your rental in Dec, 2008. We will be converting to hard copies in the next 48 hours, then send them along to you. Keep this document on your person, when you leave for your holiday. You will receive it in 10-14 days from Wed Sept. 17th 2008. In about 2 weeks from a confirmation email from you, that you received it, we will send a confirmation from the resort itself.

Best Regards,


--------

So I waited patiently until last week when I didn't get anything. I called the company and was told that the mail was returned and they would try to send it again. I still didn't get it until now and when I called them - they didn't answer anymore and they disconnected one of the number I was given during initial call.

--------
It actually worse than the above too... I am sorry that I have to unload here... I have weaknesses over Disney and I thought that I found a deal....
The company offered me to buy Saratoga points - 150 pts for $7,000 since the owner desparately needs to sell..... I was again given the simple blank agreement and was told to send $3,500 which they said would be deposited into Escrow account.

This is the last email I got regarding this issue:
Date: Sep 12, 2008 10:46 AM
Dear Mr. Sumardi,
I just received your note and deposit. Yes $7,000.00 is the total amount, closing fees are subtracted out from the $7,000.00.
I will be updating you in 30 days or sooner, depending on the resorts progress.

Best Regards,

--------
I called the company about this too last week but was told - it usually took 120 days to complete transactions so I didn't ask more.... Now, with me not getting confirmation of my rental and not being able to contact them... can you advise me some kind of actions that I can start working on?

I accept the fact that I will not go to Disney (Or own Disney points) and I just try to get at least part of my money back.....

PLEASE HELP!!!!


Thanks

Benny

Is that they mention "HOLIDAY" instead of vacation. Now, correct me if I am wrong, isnt holiday a european word for vacation? That would tend to make me worry that this is something being done outside the US.