Can someone give me suggestion as to which agency to report to

Irvine Turtle

New member
Hello TI members, could any of you provide suggestion as to which agency would have jurisdictions on this scenario

1) Applied online for a rental for a specific apartment for a specific rental price with a specific start date which was shown as available on the Apartment company web page
2) Paid fee for credit check and deposit online per the application requirement using online credit card transaction.
3) The apartment company called and said their web page was incorrect  the apartment was not available (infact no other available at the time but may be in a few months).  They said they would refund the money in full.
4) Since refund wasn't received a dispute with credit card was initiated.
5) Apartment company then mailed a partial refund check.
6) Withdrew the dispute for the partial amount with the credit card company and deposited the refund check.  Conditional credit given by the credit card company was immediately reinstated.
7) Two weeks later apartment company sends an invoice for the entire fee (indicating that they never received the credit card money) and assessing a penalty for initiating the credit card dispute.  Credit card company says they have given the money back to the apartment company and will send statement to reflect that (see item 6, online statement already shows the reinstated charges).  Apartment company still says they haven't received the money (and insist that it is not possible to withdraw the dispute) and they are going to send it for collection. 

Tried Department of Consumer Affairs, then referred to housing, then referred to legal aid, who promptly referred back to Department of Consumer Affairs, who then referred to Department of Justice/State Attorney General.

Already initiated a complaint with BBB.

Where can this be properly reported?  thanks.
7
 
I would file a complaint with BBB and state attorney general, then file a small claims court suit if it was more than $1000 and less than $10,000 (limit, iirc)
 
freedomcm said:
I would file a complaint with BBB and state attorney general, then file a small claims court suit if it was more than $1000 and less than $10,000 (limit, iirc)

Thank You.  Can you file where you live or does it have to be filed where the apartment is located at? 
looks like the property management company is from out of state,

does it have to be more than $1,000 to file in small court, currently the amount in dispute is about $800 which includes penalties but i can't fathom how they can  say that the credit card company did not pay them.  In that case we will be talking about only $100 in penalties. 
 
Irvine Turtle said:
freedomcm said:
I would file a complaint with BBB and state attorney general, then file a small claims court suit if it was more than $1000 and less than $10,000 (limit, iirc)

Thank You.  Can you file where you live or does it have to be filed where the apartment is located at? 
looks like the property management company is from out of state,

does it have to be more than $1,000 to file in small court, currently the amount in dispute is about $800 which includes penalties but i can't fathom how they can  say that the credit card company did not pay them.  In that case we will be talking about only $100 in penalties. 

In California there is no minimum amount to sue in Small Claims Court but there is a maximum which is $10,000 for individuals and $5,000 for corporations. The fee for filing is also graded depending on how much damages you are asking. I believe it starts at a $30 fee for up to $1,500 in damages. Good luck.

Here is a primer on Small Claims Court:http://www.dca.ca.gov/publications/small_claims/file.shtml
 
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