1st Class Rental - Never got refund from a company that rents out their apartments in NYC and made me leave before the agreed upon time

10 comments
Not resolved

Update by user Dec 21, 2013

Since my last comment and reporting this to my bank for dispute of credit card fees he had written the bank saying he sent us a check.He owed us $5410 and the total amount charged on two payments was $8500.

Since we stayed 21 nights and he made us leave on Sept. 30 2013 instead of Oct 30 he said he would refund on credit card the first payment of $4500 and the change of flight money of $400 so the balance he would pay by credit card and a deposit to our NYC checking was to be totaled $5410, we got a check for $5000 and we had to send it to NYC for deposit by DHL since the bank said we must answer since Richard waited to answer 44 days and the required max is 45 days and now we have to answer if the check clears or bounces before Jan 13 2014. Well we finally got our answer from the bank, the check was stopped by him and returned not paid. So that might cost me another $34 for stopped check.

Then the bank needs proof and we are up til 4am Thailand time trying to get the proof for the dispute to continue. Games and torture we hear from lady he also ripped off in Australia that she found out his wife is Croatian and they wrote her that he pulled similar scams there. We are still waiting to see if the DA will prosecute for us and if the Attorney General will also do something to stop his games and threats of stealing my Identity and give me back my medical records that he received from the eye hospital when I was treated there during my stay. He has our passport copies and bank account numbers and credit card numbers and signature and now with my medical records he has my Social Security number and he said it was ironic that after he said he sent me a check that I made a dispute when his own Square credit card company told us he cannot refund after 60 days and he claims we are the scammers and the abuse he put us through since taking our money July 25 and the landlord attorney letter that was on the door of that apartment on 130 west 15 street apt 11G who we have since been in touch with saying he owed them two months rent and a bounced check and legal fees.

I had a feeling that check would not clear but the dispute department said send it as fast as possible to confirm and pay whatever it cost to deposit it since we were now under the burden of proof that the check is good or not.

Now we know it is not good and he lied to us and to the Credit card division and we hope someone finally stops him from his continued abuse of power and control he seems to love to pull out our fingernails and laugh at us suffering.

I hope we who have suffered with him finally got our money and peace of mind back and find out that this monster gets his what he deserves after threatening and hurting us.All we wanted was a clean safe trip to NYC and we got treated like *** by this beast.Good luck if you don't have to deal with someone like this.

Update by user Nov 22, 2013

Since the last comment Richard D'Avila has not paid us anything and in fact an email sent to us threatening us with having our Identification information from Passport, SS number, bank account, address, credit card info and last my hospital records are noted and since we have filed a dispute with the Credit card bank about the amount he owes us and refuses to send us $5410 he claims we are scammers since the bank has issued a conditional refund for the two charges he made $4500 and $4000 but we only are asking for the actual amount due us plus the change of flight fee $400 which he agreed to pay when we left Sept 30 2013 instead of the full paid amount $8500 until Oct 30 2013.Since he is under the impression that we asked for all the money, which is not true but people who rip people off have a tendency to see the world in a warped way as they are warped into Sociopathic thinking that what they do to people is justly done in my opinion he is a dangerous person.

He put a disabled 67 year old man and his wife under stress while I was getting treatment for my eye at the 14 Street Eye hospital and lied that he was a lawyer that had 18 apartments and that this landlord on 15 street wanted him to stop renting and we would be put into another of his apartments when we left Sept 30 yet he had shown this apartment many times during our stay and we read somewhere that he put someone else in that apartment and took good care of them, yet he claimed we had to leave. Maybe after he got that Legal notice from the landlord on the door claiming he must make payment for the bounced check for almost $11000 he owed on 9/11.

As far as others being ripped off we read on our submission a woman from Australia he canceled on her trip after she paid $4500 for another unit uptown two and a half weeks before her trip and she wrote us showing the abusive language he used on her blaming her and claiming he had 260 clients with out a complaint yet he blames her for his cancellation and non refund of the money and abusive language on her.

That is my update and now the Landlord's Attorney is looking into our charges that we filed with BBB and Attorney Generals office and other Gov agencies to have him investigated on his business practices and non payment of our refunds.I hope others come forward about him and others are made aware and the Government does something to stop his bullying and vicious tactics on people like us.

Original review posted by user Oct 23, 2013

I did a shoutout for an apartment on Roomarama for Sept 9 2013 to Oct 30 2013 and this Company called 1st Class rental answered saying they had exactly what I wanted and if I wanted to go direct to their website I could save the Roomarma fee. I never should have done it but I did being on a fixed income and retired trying to show NYC to my Thai wife.

On july 25 2013 he sent me an email with credit card agreement and had trouble running my card through he said so he made the $8500 payment in two one for $4500 and one for $4000.

He got our passport info and said he would send a guest agreement. He did but it was very strict and made all kinds of demands if we did not do everything he wanted we would get fined and he could have us out in 24 hours and locks changed and Police called. I should have stayed away from it but it was near the eye hospital I wanted to go to and near everything i wanted to show my wife so we went ahead with the deal.

As it got closer he wrote he wanted to know when he could call us? I was not feeling good that it was getting close to the day to go and he is not willing to write what is wrong.

He said he is a lawyer and basically we would have to leave to another of his units Sept 30 since the landlord does not want short time tenants anymore.

He got to the airport an hour and half late and we were worried he was not going to show and charged our credit card $85 to take us to the apartment.

We were tired and scared and happy to have a place to sleep.

Near end of Sept he said he could not get us another unit and we had to leave Sept 30 and he ran my credit card through his phone device for Square Company for the $4500 charge and gave me a reference number and said he would take us to the airport Sept 30 and not charge us and even pay for the flight change which was $400 which I showed him proof of. He had a dispossess on the door of the unit and I took pics and sent him which stated his Landlord said he owed him $10850 something USD due 9/11.

He told me that he paid it but he witheld the money to get the Landlord to negotiate the stopping of his short time rentals and since he owned 18 apartments and five with that landlord he had no other units to put us in.

The balance of the $5410 he owed us he would put in a check and put in our checking account.

He now had our credit card info, our passport copies, our signatures, our bank account number and enough info to take our identities so we were concerned about his callous attitude since I am retired and disabled and had eye problems and needed treatment and he has our eye hospital records which he made us send all mail to a mailbox etc uptown and not to the apartment on 15 street we were staying in NYC.

He also had in the contract cleaning lady twice a month who never came.

He took us to the airport at Newark and we left for Sf on Sept 30 2013 and still have not got our refund.

Square I contacted said this 1st Class rental never submitted a refund and he knows that they do not refund after 60 days and I should make a claim to Citibank which we did.

He kept writing that he sent us a check even though we asked to be deposited in NYC he demanded that it goes to Thailand and he was going to send a tracking number. We kept writing and asking and he said he sent it but finally a fake tracking number for signature was emailed and we checked USPS tracking and nothing showed so we called and waited 45 minutes on the phone and the person said that was not a tracking number.

We wrote him every day and he never responded and now we want everyone to know since he advertises all over and people should know and also the Government should investigate who else he did this to?

Review about: Apartment Rental.

Comments

Anonymous
#745789

because we filed with the bank and they have a procedure to claim the entire amount when we only asked for the $5410 which includes the $400 flight change fee he agreed to pay and since he charged two amounts on Square credit card one for $4500 and one for $4000 the bank did a conditional refund with an investigation to take 45 days due Dec 22 giving him plenty of time to dispute my dispute. He agreed and never sent me any money, He did not have to mail anything to us he could have as originally planned to deposit right in Citibank in NYC, yet he waited til Oct 30 to send something he said was a check but never did get yet. Since the lawyer letter on the door at 15th street stated he bounced a check for two months rent to the landlord and lied about the first refund how can we not go to the bank to dispute the $5410 he said he owed us for the balance of the 51 nights, now he writes he refunded a check for 28 nights out of 52 which is not what he told us when he ran the card through?

He says he has our ID and will punish us. What does that mean when he ruined our trip and my continued eye treatment on 14th street and never sent me my medical records he refused us getting any mail in that apartment since he said the landlord is refusing short time rentals there. He said he was a lawyer and had 18 apartments in all and would put us in another Sept 30 for the balance of the Oct 30 he owed us but Sept 25 said he had no others and would refund and deposit what he owed...

Mr Howard!

We received dispute request from your bank on your behalf stating that you are disputing your legitimate charge we made for your booking request which you came to New York for and we picked you up from the airport. We find it ironic that you submitted your dispute on the day after we sent you confirmatiom that we had sent you a refund for 28 days out of 52 days you were to stay in New York. This clearly was a scam on your part and we do have your passport and personal information and this action of yours will not go unpunished.

You are officially on notice!

Richard D'Avila

1st Class Rental

79 MADISON AVENUE

7TH FLOOR

NEW YORK, NEW YORK 10016

Phone: 646.530.2294

Office: 212.600.0523

www.1stclassrental.com

Show more
Anonymous
#736994

Hi,

We too have been ripped of by rRichard Davila from 1st class rentals.

Paid him $4500aud to stay in an apartment in NYC this oct. he cancelled 2.5 weeks before we were due to fly out. We have not received our refund to date. He does not answer his phone, his virtual office is to be laughed at. He is a scammer and told me at $4500 was the least of my problems. I have filed a complaint with the BBB.. Please I suggest you do the same.

Anonymous
to Lilmissgg Bangkok, Krung Thep, Thailand #737045

Better Business Bureau won't help, those are for Companies that join them first then they might help but I am sure this Richard did not join?

I also suggest you do as I did with a letter online faxed to Attorney General website in NYC.

I still have not heard back but I am hoping they investigate,

Also contact the bank Credit card who you charged with and see if there is enough time to have them do a dispute?

I am in Thailand and cannot reach 311 tom Complain to Department of Consumer affairs and if you can reach any Government agencies that might help both of us.

You can also go to Small claims court under $5000 and make a claim. Let me know how you make out. ALso being that you are in the US you can contact the US Department of Justice and make a complaint and the IRS since I am sure this corrupt person must have not paid taxes in years.

Good luck with these and continue with Trip Planner and other websites and if you find any that I have not found let me know on here. He is dangerous and must be stopped. He believes his own lies and people and the Government must be notified in my opinion.

Anonymous
to nycboy62 #737193

Hi,

I live in Australia so it's hard to know who to contact from so far away.

As far as BBB goes it is still a complaint that will stay on file. And the more than do it the better. I filled mine out and they are waiting on his reply. I also filled out a complaint with econsumer.gov

I guess any form of filing a complaint is better than nothing. Yes I did go to my credit card bank and won't know anything for at lest another 6 weeks.

I will certainly do that letter to the Attorney General. Thanks for that info.

lilmissgg

nycboy62
to Anonymous Bangkok, Krung Thep, Thailand #737942

This person and Company is really sad and dangerous. He knows I am 67 and disabled since he has my ID passport copies and wife, my Social Security since he refused to let my mail come to the apartment and was sent to his box, he now has my SS in my hospital records from the treatment I had while there for 21 nights at his apartment in NYC. He has all my info and in an email he just sent, which we were told by Law enforcement just keep a record of his threats and keep them informed.

He keeps changing the facts like he now claims he sent me a refund check but he said we were supposed to stay 51 nights on our contract but his email last night says we were supposed to stay 52 nights and we stayed from Sept 9 and he made us leave Sept 30 instead of Oct 30 but he said he sent a check for refund of 28 nights and he does not mention the agreement that if we left on Sept 30 he would pickup the $400 fee we paid to change our flight. Of course he refused to give any of the agreement about leaving in writing. Now he sends this email which the Government agencies are receiving and who told me not to contact him back.

We never got a check from him and the dates are wrong he just wrote as well. Threatening us now is going over board. He is the one who made us leave the apartment and broke his own agreement he signed and then did not give us a refund and now he says that because the credit card issuer gave a conditional refund for the whole amount which he has a right to...

His email to me

Mr Howard!

We received dispute request from your bank on your behalf stating that you are disputing your legitimate charge we made for your booking request which you came to New York for and we picked you up from the airport. We find it ironic that you submitted your dispute on the day after we sent you confirmatiom that we had sent you a refund for 28 days out of 52 days you were to stay in New York. This clearly was a scam on your part and we do have your passport and personal information and this action of yours will not go unpunished.

You are officially on notice!

Richard D'Avila

1st Class Rental

79 MADISON AVENUE

7TH FLOOR

NEW YORK, NEW YORK 10016

Phone: 646.530.2294

Office: 212.600.0523

www.1stclassrental.com

Show more
Anonymous
#732229

I would like to know why this is ***. ??? Also I clicked on the *** not knowing that it would register a second *** but I wonder why the first person did it unless it is the perpetrator of the fraud?Getting ripped off on vacation is not *** it is painful but like I said if someone considers it *** than up to them but at least maybe some people who might suffer with this Company are warned and we shall see if he is forced to pay the refund.

Anonymous
to nycboy62 #737413

complaints@cbbb.bbb.org

2:47 PM (32 minutes ago)

to me

Thank you for submitting your complaint to us.

The BBB that will process your complaint is:

BBB of Metropolitan New York

30 East 33rd Street

12th Floor

New York, NY 10016

Phone: (212)533-6200

Fax: (212)477-4912

Email Address: Inquiry@newyork.bbb.org

Website: www.newyork.bbb.org

You will hear from this BBB soon regarding your complaint.

thanks for the info just filed the complaint about Richard and his so called business.

Also checked out sublet.com where he used to advertise to add my complaint but cannot find his ID there.

If you want to contact me I am a former New Yorker and now retired in Bkk and wanted to show my wife USA and now this happened.

I am afraid he has my hospital records and our passport and bank account and other info. He might do a identity theft or sell our info?

He had on the apartment door a five page lawyer letter from his landlords attorney saying he did not pay over 10,850. uSD in back rent and it was owed from 9/11/13. I would like us to write the Landlord at 130 West 15th and their Attorney on the Complaint form to let them know who and what he is doing.

Someway we should get each other email but i dont think we should post it here, I just signed up for facebook and twitter to follow him and write about him maybe you can connect with my...

There must be other places as well that we can connect with?

Let me know on twitter or facebook if you want. Thanks and good luck to all that deal with him.

Show more
nycboy62
to nycboy62 #738038

I found another email from 1st class rental Richard D'Avila, no one else in the Company if there is a Company has come forward to intervene even though their chat line person said she felt bad for us and requested a refund in that department but we do not know if there is a departmentRichard DAvila

Oct 14 (3 days ago)

to me

Good morning Howard,

Based on the information from Square, credit card processing center we have no other choice but to refund you via check. Today is a holiday but tomorrow, we will send you out a check to your address in Thailand. From there, you will nees to make arrangements for deposit.

I will send you via email the tracking information once I have it tomorrow.

Warmly

Richard D'Avila

1st Class Rental

79 MADISON AVENUE

7TH FLOOR

NEW YORK, NEW YORK 10016

Phone: 646.530.2294

Office: 212.600.0523

www.1stclassrental.com

Anonymous
to nycboy62 #738209

HI,

Have sent you a message on FB, it may be in your others folder. Hope I got the right person.

lilmissgg

Anonymous
to Anonymous Bangkok, Krung Thep, Thailand #745231

yes i got your message and thank you for writing.I am sad that he continues to be allowed to rip people like you and I off.

He seems to prey on foreigners since he feels safer to get them when they are outside the country. We have contacted the BBB also and Attorney Generals Office in NYS. We contacted ic3 and after his threat to do something bad to us concerning the fact that we had to go to our bank to report the theft of services and dispute his charges to us. Since he seems to go after two charges with us and then he stalls on payments and refunds til after the 60 days his credit card company Square does not do refunds past 60 days.

He then promises to send to our bank a check and then he does not. Then he threatens and abuses us by saying we are trying to rip us off because we are disputing his charges and the bank does what they have to and takes quite awhile. When we were at the apartment on 15 th street NYC the Landlord left a legal notice from Bora Goldstein his Attorney claiming bounced check for almost $11000 for back rent and legal fees and other charges and he also stated to me Richard D'Avila that he paid the rent but did not pay because the landlord was stopping him and his other five units of renting short stays anymore.

We do not believe anything he says since the facts show that he is abusive to us and you in terms of communication and is nasty and rude and does not follow his own agreements on the apartment stays and his policy...

I warn anyone who is planning on dealing with him to beware of his policies and if you are from outside the country as we are becareful and stay away from him.Or else you might wind up like us with no peace of mind and possibly not getting what you paid for.

:(

Show more
View more comments

You May Also Like