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I booked a stay with a travel agent I found on Craig’s list.

He advertised for 50% discounts...
I booked a stay with a travel agent I found on Craig’s list. He advertised for 50% discounts. I paid him and in return he booked my stay at a HomeAway property. I stayed there but after the stay the homeowner said the credit card was reversed and was in a different name than mine. So now the homeowner is threatening me for payment of $2700 and to report me to fraud Dept bc she think I scammed her. What do I do? I don’t have the money to pay her and unfortunately the travel agent has my money I did have.
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: The property I stayed in was in New Orleans but I’m in chicago
JA: Has anything been filed or reported?
Customer: I filed a case to HomeAway and they instructed me to file police report as well. She said she reported me to HomeAway. However I have been very cooperative with her and open about the situation but I think she still doesn’t believe me and will go further if I don’t payher
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes there was also bugs in her house we stayed in. So she thought we were lying about that too. Also it unclean she accused me of lying about that too even tho I sent her pictures. I also asked her to put the deposit back on my credit card bc he agent told that credit card was lost so ask the owner to just deposit it straight to your card. The homeowner didn’t do that bc she thinks I’m a scammer So now she has my credit card too
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Answered in 16 minutes by:
10/20/2017
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 1,660
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note: This is general information for educational purposes only and doesn’t constitute not legal advice. You might also be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can. How did you pay the travel agent? What method of payment did you use? Whose credit card was used to pay for the stay? One can't just "reverse" credit card transactions without the consent of the credit card company. What name was the credit card in?

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Customer reply replied 1 month ago
I paid through his account number he gave me at Bank of America via cash.I didn’t know who’s card it was but HomeAway told me today it was a lady named Wanda something. They said they don’t know if she’s in on the scam too or the guy stole her cc info but that’s the name on card.You give the travel agent your HomeAway login info and he books it

You have his account number at BA??? Have you contacted them to report the fraud?

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You'll want to contact the police and file a police report as well.

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So, this lady whose house you stayed in, hasn't sued you yet. She obviously might but at the end of the day she accepted a credit card with a strange woman's name to pay for an unrelated person's stay so some of the blame is on her. Can she say you owe her money? Certainly. But there are so many unusual circumstances here that there is no guarantee that she would even recover if she sued you under these circumstances.

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Customer reply replied 1 month ago
I have the account number. No I haven’t reported the fraud with BA yet. Going to file with the police tomorrow. Meantime how do I handle the homeowner she wants her 2700

She's going to have to wait until this is all sorted out.

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Customer reply replied 1 month ago
Well she’s also threatened me by saying I know who u are bc I think she has looked me up on Facebook. Also I sent her a picture of a dirty glass during my stay and my cousin was in the picture, so then she says and I see the person in photo. I get the feelings she’s going to try to disgrace me in Facebook or something. This lady is really cut throat I almost feel somewhat she’s racially bias.
Customer reply replied 1 month ago
I’ve been very nice and cooperative with her answering her every question and sending her info as she played detective. However she still has it in for me. Is there some type of legal letter or something I can give to make her calm and not try to come after me? I mean we both got scammed smh but she is animate she wants her money

She doesn't have it in for you - she wants to get paid for the use of her property. You can have an attorney write a cease and desist but she can still sue you.

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I don't know what you mean about disgracing you on FB... are you FB friends or something with this complete stranger?

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Customer reply replied 1 month ago
How much is a letter if you wrote it? No we’re not FB friends but she may inbox my friends or something. This is the type of person she is! I can tell.
Customer reply replied 1 month ago
I’m a Radio and tv personality too so I have to what I need to protect my name.

In any event, she can sue and she may be able to recover something but she is partially at fault since she took a credit card in some stranger's name for your stay and it ended up being fake. So, you're correct, you were both scammed but she can definitely still try to recover some of her losses by suing you b/c she'll argue that you benefited from the use of her home. You can try to slow down the process but if she doesn't know your address it'll be tough to sue you. I wouldn't be able to write a letter for you because we can't represent you - but you can find a local attorney to do that.

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Is there anything else I can answer for you?

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Customer reply replied 1 month ago
well she can get my address bc i just looked it up online and it comes up in white pages. Last thing what is a cease and desist letter? What should it say

I would appreciate your taking a moment to rate the existing questions/answers before we move onto a new, additional question.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 1,660
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Ok rating it now

A cease and desist letter is a letter that *generally* comes from an attorney - it doesn't have to come from an attorney but it's more impactful if it does. It essentially is a YOU MUST STOP THIS BEHAVIOR OR ELSE type of letter (that's why it's more impactful if it comes from an attorney). It also lays out the consequences for not stopping a certain action (calling the police, litigation, whatever).

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Customer reply replied 1 month ago
Rated. So what should letter say

A cease and desist letter is a letter that *generally* comes from an attorney - it doesn't have to come from an attorney but it's more impactful if it does. It essentially is a YOU MUST STOP THIS BEHAVIOR OR ELSE type of letter (that's why it's more impactful if it comes from an attorney). It also lays out the consequences for not stopping a certain action (calling the police, litigation, whatever).

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Customer reply replied 1 month ago
Ok also what type of attorney should I seek to get this letter
Customer reply replied 1 month ago
Meaning what practice does this fall under?

You can also say that the behavior exhibited by )))) rises to the level of harassment and if does not stop we shall pursue our rights to the fullest extent of the law.

At the end of the day, you received a benefit and she wants to be paid for the benefit. You got scammed and she got scammed. It's bad on both sides.

You'll want a general litigation attorney. If you have trouble finding one go to martindale.com

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General practice or litigation.

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Customer reply replied 1 month ago
Ok got it thank u

My pleasure :)

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If you need anything in the future please reach out. You can always reach me directly by putting FOR OLIVIA before your question and it'll be routed to me.

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Customer reply replied 1 month ago
Ok got it! Hv a gr8 night

You too :)

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Olivia Kent
Olivia Kent
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Category: Legal
Satisfied Customers: 1,660
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