Well, looks like my mother has gotten conned out of $12k.
Jan 1st, she decided she was buying a new MB, not sure what model but knew she liked the S600 line. So she applied for a Capital One loan, got approved for $25k credit line. Next, she goes on Ebay, finds a clean S600 Coupe she liked, had a PPI done, came out clean. She then bid and won the car for $13K even.
My mother then gets in contact with the dealer, Warren Motors out of Valencia California, and speaks to the owner, who brainwashed my mother to send him the ENTIRE line of credit($25K).
She rebutted him with the fact that she won the auction for the 1996 MB S600 coupe on Ebay for $13k and that her Capital One credit line was approved for upto $25k, if she needed it. But this guy was a pro, and did the finishing touches on my mother who is 70yrs old and totally naive. He proceeds to instigate that if she does not send him the whole amount, that Capital One will NOT fund the loan and that she needed to send it all. In addition, he would refund her the remaining balance in a certified check back to her. So she does just that, believing in him. He assures her that "Warren Motors is not a fly by night operation and that they cater to upscale LA and the upper crust in the LA area"
The check was mailed via USPS on JAnuary 10th, to a PO BOX in Valencia CA. He then deposited it and cashed it. The check was funded on Jan 23rd.
He proceeds to tell her he sent her the $12k and supposedly he cancelled it because he mistakenly put down a wrong address. Then his story changed that Bank of America(his bank) told him that someone cashed it and they were going to launch an investigation. Then 3 wks ago he tells her Bank of America has closed his account because they find it suspicious that he mailed a $12k check, called them to cancel it, then someone cashes it, while he is asking for another $12k from them. Talk about lies and deception, I wish I would have been told sooner!
It's now 3 months since she sent him the check and his cell is turned off and no way to get in contact with him. He has kept the $12k meanwhile my poor 70yr old mother is paying the monthly payment on the funded loan.
He did manage to send her the 1996 S600, came to her home in perfect condition. He also sent a receipt for the sale stating the actual purchase price was in fact $13k, and not $25k. This, I assume, can be used as evidence against this conman hopefully.
My mother just informed me of it today out of shame and emabarrassment. She told me she always wanted to try doing something all on her own her whole life. Since my father always took care of her, and did everything for her. I am beside myself thinking she has gotten scammed bigtime, not only that but she is PAYING up the nose for the monthly payments secretly without telling me about it meanwhile some conman is enjoying a freeride with his $12K ill-gotten "gift".
My question is this, are there any laws I can use to get retribution or am I pretty much slinging mud at a wall? This scam artist kept her at bay with statements like "the bank is waiting for funds to clear since it is over $10k and is an out of state check" But now it is plain obvious he ripped her off cold turkey because his cell has been turned off for 2 wks now.
I wonder if I can get the Feds involved since the check is substantial and she mailed it to his PO BOX via USPS. Mail Fraud? Criminal lawsuit would be best, since a Civil action is only about money and in the state of CA, he can appeal the Judges decision immediately and delay any recoup of ill-gotten gains for upto a year I believe. I want this guy to go to jail.
Please anyone out there with the knowledge or insight into this type of scenario please stepup. I am afraid of running out of time. I dont know the statute of limitations on something like this but I am sure I dont have too much time.
Any lawyers on this forum with some helpful advice?
Eddie
312-804-7041
Is he a licensed dealer. Every state has a investigating division of licensed dealers. Call that states DMV and ask them. Also call her bank and inform them of the fraud. You have a BOS as well as the cleared check. Probably not much they can do, but anything is worth a try. The best way to get to him is thru the dealership (if it still exhists) as the state will come down on him hard for defrauding a customer. In NYS it is the dept of vehicle safety. In PA it is the dealer licensing and conformance unit. I dont know what the Calf dmv name.
Since I am a lawyer, it would be unethical for me to advise you to hire someone to hunt this piece of shit down and break his kneecaps, sooooo my advice would be to contact the California Attorney General's office and try to get them to investigate. Exploitation of the elderly is a hot topic, so you might get some help there.
Not sure about CA law, but here in S. Carolina we have an Unfair Trade Practices Act that allows for attorney's fees, treble damages, and punitive damages for this sort of thing. The problem can be collecting the damages from a slippery one like you have described. You may also want to contact a consumer lawyer in Valencia to get another opinion.
I won't say what I would do if I stood in your shoes. Good luck.
If he has a dealership location I would imagine you could go after the dealership? I'm assuming though since you say he is a pro he probably just has a business front, I don't know what you could really do besides maybe contact lawboy on here and see what options you have.
Who's name was on the title? If it was a dealer contact the BBB they can sometimes get stuf done. Best of luck to you. I believe someone on her has a safety basement if you find this guy!
Who's name was on the title? If it was a dealer contact the BBB they can sometimes get stuf done. Best of luck to you. I believe someone on her has a safety basement if you find this guy!
BBB is useless as tits on a bull.
As was previously suggested get in touch with the Ca. AG's office. Get all of your paperwork lined up. Fax them copies of everything, including every email. Do a screen capture of the auction before ebay takes it down showing the price she won for.
There were definitely federal crimes committed here as well (mail fraud, wire fraud).
Pursue this vigorously and you'll probably end up with him in jail. However, you may never get any money back.
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