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After a flood, caught between two insurance policies and no help

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Oliveri isn’t looking for a fortune. He just wants his two paid-for insurance policies to cover the damage: to put his house back to normal and to give his daughter a safe living environment.

boozle.jpgJoshua Oliveri left, with his wife Stacie, and their daughters Reese, 8, second from left and Emerson, 3, right stand in their dining room with the living room in the background. The ceiling has been replaced and walls repainted but the floor remains uncovered. The Oliveri family had a flood in their condo from a washing machine and there was extensive damage to the condo.

No one likes to pay insurance premiums, but we’re all glad to have coverage in force when a mishap occurs.

Joshua Oliveri had no worries should something ever happen to his family’s Franklin Park condo. The property is covered by two policies: a homeowner’s policy he purchased himself, and a separate policy purchased by his condo association and paid for in part through his monthly condo dues.

But when the family’s six-year-old washing machine malfunctioned the night of April 6, neither insurance company was eager to help.

Around 11 p.m. on the night in question, Stacie Oliveri, home alone with sleeping kids, started a load of laundry in the machine, located on the second floor. She then laid down for the night.

Somehow, the washer stopped draining and water flooded everywhere.

"Once the water became too much, it collapsed the ceiling. My wife said it sounded like a bomb went off," Joshua Oliveri said. "She immediately shut off the main water. When I got home from visiting my parents, water was still pouring from the ceiling."

THE DAMAGE

Joshua Oliveri said the family lost all of their downstairs furniture, the downstairs ceiling, 80 percent of the carpet and the kitchen floor was damaged.

Worried that the water would cause additional harm, Oliveri immediately called a flood remediation company. He said the company placed nine drying fans around the home and Oliveri was up until 4 a.m. with workers, who told him his fast action would save a lot of wood and limit needed repairs.

"Had I reacted like most people, the wood could have been rotted or moldy, which would have driven up the costs for whomever is eventually going to pay for this," Oliveri said. "My actions limited the repairs to simple sheet rock and flooring — simple sheetrock and flooring — which is now in the third month of incompleteness."

Oliveri notified his homeowners’ insurance, Fidelity National Property & Casualty Insurance Co., and the condo association for the development, Society Hill at Somerset III.

Fidelity sent an adjuster to weigh the damage, which Oliveri said was about $10,000. (The estimate was never given to Oliveri in writing.)

The damaged furniture was estimated to be worth about $3,500, and Fidelity sent the Oliveris a check for $1,390 — value after depreciation.

Fidelity told Oliveri the association’s insurance policy should pay for the other damage because that policy was the primary policy, and if that claim was denied, Oliveri could again file with Fidelity. Oliveri asked the association to make a claim, yet it refused.

"The association is not only saying that they are not the primary, but they are also refusing to file a claim to their insurance saying they are not obligated to do so," Oliveri said. "Fidelity is refusing to pay unless there is a declined claim from the association’s insurance."

Caught between two insurers and without discretionary funds to pay for repairs, the Oliveris weren’t sure where to turn.

Fights with insurance companies are nothing new to Oliveri. He shares his home with his wife Stacie and their two daughters, 8 and 3. The younger girl, Emerson, was born with a congenital diaphragmatic hernia, a malformation of the diaphragm that forces the abdominal organs to push towards the chest, causing breathing problems. While getting treatment at Children’s Hospital of Philadelphia, Emerson and her mom stayed at Ronald McDonald House and Oliveri fought with his health insurance company over Emerson’s care.

"Every day we live in this construction zone — in a state of disrepair — is another day we risk yet another visit to the doctor," Oliveri said.

The flood’s damage was more than an eyesore. Emerson’s health suffered from the dust, Oliveri said. She started having new breathing complications and required nebulizer treatments.

A family friend in the construction business replaced the ceiling, work valued at $4,500, for free, Oliveri said, while the family waited for one of the insurance companies to step up.

Oliveri isn’t looking for a fortune. He just wants his two paid-for insurance policies to cover the damage: to put his house back to normal and to give his daughter a safe living environment.

"What’s not reasonable is the fact that my repairs should be held up while two insurance companies have a pissing match," Oliveri said in an e-mail. "Both parties are comfortable doing nothing for me, despite the fact that I am also paying both of these parties."

THE RED TAPE RUNAROUND

Three months and dozens of telephone calls and letters later, the Oliveris are still living without replacement flooring, including in their daughters’ bedroom. They’re also facing a flood remediation bill of $1,587, a claim recently denied by Fidelity. Bamboozled called the association to understand why it wasn’t willing to submit a claim.

The association’s attorney, Herbert Cutolo, said Fidelity, not the association’s insurance, would be responsible for the damage.

"The association is responsible for all the common elements, like the roof, the siding, the roads," Cutolo said. "I really think it’s his insurance that’s not acting in the appropriate manner because the damage started within the unit."

But there’s more to it than culpability.

Cutolo said because the association has had several large claims in recent years, including a 2007 fire that destroyed the clubhouse, the future of the association’s insurability is in question.

"We’ve been advised if there’s one more claim, there’s going to be a problem," Cutolo said, noting the association could lose its insurance and be placed in a high-risk pool, which would cost all homeowners more with either a special assessment or higher monthly maintenance fees.

We tried to get Fidelity’s take, but over the course of two weeks, no one from the company returned our many telephone messages or e-mails.

We asked three independent insurance agents to review the policies, and they were all in agreement. They all questioned whether the association had the authority to refuse to file a claim in the first place. Plus, they noted that the association’s policy states it covers "Walls-In coverage per Builders Original Specs." That would suggest there’s coverage to replace items the Oliveris lost, such as builders-grade flooring.

So is the association acting properly by refusing to file a claim? Or is the Oliveri’s policy with Fidelity the one responsible?

Now a judge will decide. Rather than stay in limbo, the Oliveris are filing suit in Superior Court in Somerset County, asking the court to issue a declaratory judgment which will determine the rights and obligations of all parties.

"This case is a perfect example of the frustration that consumers encounter when dealing with insurance companies," said Timothy Wiss, the Oliveri’s attorney.

The case is expected to be filed in the next week or so. We’ll keep you posted.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.


Google map brings recreation-seeking motorists in droves to Clinton Township family's driveway

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For Laurie Gneiding, Google Maps has been anything but convenient.

boozle-GoogleMaps_Proudman.JPGLaurie Gneiding stands with a barricade she puts in her driveway on the weekends to detour Round Valley Reservoir seekers from driving up to her house. Gnelding realized about a year ago, that Google Maps mistakenly gave her home address for the entrance to the Reservoir, but nothing has been changed. On a busy weekend, she says that a couple dozen people will drive up her driveway in search of the park.

Going somewhere?

Like millions of people each year, maybe you turn to Google Maps. The web site conveniently allows users to input a starting point and a final destination, and with one click, users get detailed directions.

But for Laurie Gneiding, Google Maps has been anything but convenient.

Since 1987, Gneiding and her husband Michael Brady have lived in one of three log homes found at the end of a quarter-mile long driveway in Clinton Township. The homes back Round Valley State Park, which boasts swimming, boating and camping in summer, and cross country skiing and sledding in the winter.

"We’re surrounded on three sides by woods with the state park as our ‘backyard,’" Gneiding said "We love being in the midst of nature."

But in the past three years, along with visits from a bald eagle, bear, coyote, foxes and dozens of species of birds, the couple has had a new kind of visitor: humans looking for the entrance to the state park.

"It started with one or two people but last year dozens of people were coming up," she said. "This year, someone told us that the directions for Round Valley State Park on Google Maps led them to our driveway."

UNWANTED VISITORS
Before realizing the wrong directions came from Google Maps, Gneiding and her neighbors did what they could to stop the traffic in the driveway.

Last summer, they erected four signs. Two, at the bottom of the driveway, say "No Trespassing" and "No Trespassing, Private Road." The third sign is about 50 feet up the driveway, saying "Private Drive." The fourth sign, Gneiding said, is on her property boundary and says "No Trespassing."

"I have no way of telling if they were effective for some, but many people chose to ignore them and come up anyway," she said.

This year, she took it a step further, spending $125 on a 8-foot-long orange traffic barricade, onto which she attached signs that say "Private Driveway/Private Residence" and "No Park Access."

"It goes across the driveway at the top of the hill on Friday nights and stays there each weekend and holiday, like July 4th," she said. "Anytime we need to leave the house we have to move it or put it back."

Fearing an increase in traffic for July 4th weekend, Gneiding said she made a new sign on a sheet of plywood. It sits at the bottom of the driveway, saying, "NOT Park Entrance... Private Driveway... Google Maps is wrong!"

Drivers tried for park access anyway.

There’s more than just nuisance at play, Gneiding said. While many mistaken visitors — like the one who pulled a trailered boat up the driveway on a Sunday morning at 6:45 — are polite and apologetic, others are not, she said. She told Bamboozled tales of some who were angry, using foul language that makes recent comments about Gov. Chris Christie by Senate President Stephen Sweeney (D-Gloucester) sound like they were coming from a Girl Scout.

The angry responses make Gneiding nervous, she said. And it’s one thing when she’s home, she said, but what could happen if she’s out when unhappy, cranky or party-seeking park-goers start up the driveway?

"My biggest fear is coming home someday and having ‘visitors’ in my backyard pool or something happening to my dogs when they’re in their outside pen," she said of her three rescue Labrador-mix dogs.

So in mid-May, when a friendly motorist with a bicycle rack and New York plates told Gneiding his directions came from Google Maps, she was hopeful.

Gneiding used the site’s "Report a problem" tool on May 21, requesting a correction.

She received a response on June 3 in which the error was noted. Google said the directions would be corrected and she’d be contacted when the fix was in.

Time passed and she heard nothing, so she emailed four more times. Twice she received no response, and twice, an auto-reply.

More than six weeks after her initial complaint — at least through the July 4th weekend — state park visitors continued to head up her driveway seeking the park. That’s when she contacted Bamboozled.

THE ERROR AND THE FIX
Bamboozled spent some time with Google Maps to see where the error originated.

The site offers a handy tool. If you don’t have an exact address but you’re searching for a landmark, you can start typing the landmark’s name and different options appear so you can select your exact location.

Round Valley State Park includes the Round Valley State Recreation Area. In the middle of the park is the Round Valley Reservoir, a 2,000 acre lake that’s stocked with trout and reaches depths of approximately 180 feet deep, making it the deepest lake in New Jersey.

If a Google Maps user enters the "Round Valley State Park" or "Round Valley Recreation Area," they’re directed to the proper park entrance on Route 629. Entering the actual address of the park, found on the park’s website, also brings drivers to the correct directions. But if they enter the "Round Valley Reservoir," they’re directed to Gneiding’s driveway.

Out of curiosity, Bamboozled also toyed around with that other online map website, and it had the correct directions for all three Round Valley park destinations.

We called Google Maps to see if it could hurry the fix.

A spokeswoman said Google is on the case, but she couldn’t offer any guidance on timing.

"It often depends on the type of change and how extensive it might be," said Deanna Yick.

In other words, Gneiding and her neighbors will have to wait it out.

Yick said users can let Google know about problems by using the "Report a problem" tool on the bottom right corner of the map page, which is exactly what Gneiding did — five times.

"We recognize that there may be occasional inaccuracies and appreciate the feedback we get about how to improve our tools," she said. "We apologize for any frustration the direction error has caused."

We’ll let you know how long it takes for the directions to be corrected.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

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Shop called on the carpet over rug gone wrong

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A couple that paid for a rug and never got it is trying to get their money back.

2 boozle-Einstein FARRELL.JPGFrank and Jane Carotenuto of Mendham ordered a rug on April 11. When they called to check on the order, they were told that rug is no longer manufactured and they'd need to select a new one. No one from the business called to tell them. They ordered a second rug but that too was unavailable, but it took weeks for them to find out. They've been asking for a refund since June, but company reps won't return their calls. Bamboozled is trying to get the refund for the couple.

Frank and Jane Carotenuto say the rug was pulled out from under them.

Last spring, the Mendham couple decided it was time to replace an 8-foot round rug that had served their kitchen for more than 20 years.

"It was a good rug but it got abused from sitting on the kitchen floor for so long," said Frank Carotenuto, 73. "It got a few tears and you couldn’t repair it. It needed replacement."

On April 11, the couple visited the Whippany showroom of Einstein Moomjy, a company whose roots go back to 1948.

According to the company’s website, that’s when Theodore Einstein, an immigrant from Europe during World War II, hand-made rugs in an apartment on top of a Bloomfield butcher shop.

In 1955, he opened his first store in a partnership with Albert Moomjy, a merchant in the rug trade, and each partner brought a brother into the business, too.

The Carotenutos were drawn to that history — and to a sale advertised in The Star-Ledger when it was time to shop for a new rug.

The couple said they selected a braided rug, measuring 8 feet around, for a $975 price tag.

"We gave a $100 deposit cash, but they wanted more, so I went back with another $400 a few days later," said Jane Carotenuto. "They said it would be available in four to five weeks."

It’s now July, and the Carotenutos still don’t have a rug — or a refund.

THE ORDER AND THE REORDER
About a month after the order was placed, and the couple said they hadn’t heard anything about a possible delivery date. Jane Carotenuto called the Whippany store for an update.

"They said the manufacturer was no longer making that rug and we should come back to pick out another," she said.

The couple said they thought it was strange that no one from the store had called about the manufacturing glitch, but they returned to the store to choose another design.

That was in the middle of May.

They selected another rug, and they said they were told it would take four to six weeks for delivery.

After two weeks, now the beginning of June, Jane Carotenuto said she called the store just to make sure there were no problems. And yes, there was a problem.

"I spoke to a gentleman who said he was a manager, and he said, ‘You mean no one called you?’ " she said. "I said, ‘Called me for what?’ and he said the manufacturer is no longer making that rug, so we’d need to place a different order."

They decided, per the contract, they wanted a refund instead.

The contract reads: "If the merchandise you ordered is not delivered by the promised delivery date, Einstein Moomjy must offer you the choice of (1) cancelling your order with a prompt full refund of any payments you have made to the seller or (2) accepting delivery at a specific later date."

Carotenuto said the manager promised the company would send a refund check.

But two weeks later the check hadn’t arrived, so the couple called the Whippany store again. The rep said the couple would have to contact the Paramus store for the refund.

The couple called Paramus, and they said they were told all refund checks come out of a different location, and they were given a name and contact number.

They called, reaching the party deemed responsible by the Paramus office. That rep said she’d look into it and call the couple back, but they said they never heard another word.

They said they called at least a dozen times more, but no one responded to their messages.

"We got disgusted," said Frank Carotenuto. "The contract is very clear and I don’t understand what the problem is."

Jane Carotenuto, 72, still works at a preschool and also helps care for her husband, who is recovering from a stroke he suffered three years ago. She said said she doesn’t mind waiting for the refund — as long as she knows someone is working on it. But she said it’s hard to be confident because they get a different story every time they reached a rep, and the other times, no one would return their calls.

"I don’t understand why the runaround, and they will not return my phone calls," she said. "I just don’t have time to play games with these people."

On July 1, the couple asked for help in a letter to Bamboozled.

SEEKING A REFUND
The recession hasn’t been kind to Einstein Moomjy.

In 2010, it closed its Manhattan location after 30 years in business. The Pine Brook warehouse is also closed, but the Paramus, Whippany and North Plainfield locations remain. Even though all the locations are still listed on the company’s website, it’s rare for anyone to answer the phone numbers listed on the site, based on Bamboozled’s experience.

The company also has an "F" rating with the Better Business Bureau.

It doesn’t take an Einstein — an Einstein Moomjy or any other kind of Einstein — to see this couple deserves a refund, and fast.

After trying half a dozen bad phone numbers — including those listed on the company website for stores that remain in business — we finally tracked down an e-mail address for Andrea Moomjy, co-owner of the store.

She forwarded our e-mail to her sister Claudia Moomjy, who told Bamboozled she’s not really working with the company, but just helping out.

"We’re restructuring and it’s been crazy," she said.

We explained the Carotenuto’s dilemma, and she said she’d look into it.

A day later, we received a call from Walter Moomjy, a founding partner with Albert Moomjy and the Einstein brothers.

"I just spoke to Jane Carotenuto and I’ve resolved this. I’ll take care of this," he said.

What does that mean, we asked?

"I don’t understand what happened. The salesman who helped her is gone and I don’t understand what he did. I’m trying to locate the payment," he said.

Bamboozled faxed Moomjy the couple’s receipts, and Moomjy said the company would refund their money by the end of the week.

The next day we received an email from Andrea Moomjy, who requested the documents again. We sent them, again, via fax and email, and left several messages asking for confirmation the documents were received. No one responded.

The Carotenutos hope that finally, the refund is coming. Rather than wait any longer, they found another rug for their kitchen -- for about half the price, they said.

Frank Carotenuto said he’d let us know when the refund check arrives.

"Knowing the way it’s gone, I wouldn’t put anything past them," he said.

We’ll let you know what happens.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

Cherry Hill man accused of scamming travelers released from jail; N.J. seizes cars, bank accounts

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CHERRY HILL — Accused travel scammer Daryl Turner was released from jail Friday, but not before the state seized his seven bank accounts, four luxury cars and a Scarab speedboat. Turner, who was arrested Monday on a second degree theft by deception charge, was released from Burlington County Jail after posting $75,000 bail, following the state’s receipt of "proof...

turner.jpgDaryl Turner

CHERRY HILL — Accused travel scammer Daryl Turner was released from jail Friday, but not before the state seized his seven bank accounts, four luxury cars and a Scarab speedboat.

Turner, who was arrested Monday on a second degree theft by deception charge, was released from Burlington County Jail after posting $75,000 bail, following the state’s receipt of "proof of legitimate funds for the purchase of a bail bond," authorities said.

Turner stands accused of deceiving hopeful travelers, taking thousands of dollars from hundreds of customers for vacation packages or travel club memberships while customers got nothing in return. The charge carries jail time of up to 10 years and a fine of up to $150,000.

"This came as a complete shock to him because he has been in active negotiations with the state," said Turner’s attorney Ken Aita. "He’s obviously maintaining his innocence and he plans on fighting the charges."

Turner previously signed a $3 million settlement with the state’s Consumer Affairs division, pledging to pay nearly $2.2 million in restitution to customers of 11 bogus travel companies. But he told the court he had no assets and the state had not until this week receieved any restitution.

TravelDeals 1 KURDZUK.JPGGary Sharp of Burlington holds a post card from a travel seminar he attended on March 12 of this year apparently held by Travel Deals that almost cost him over $500.

The Division of Criminal Justice said Thursday that it had frozen seven bank accounts and seized four luxury cars owned by Turner: a 2011 Land Rover, a 2007 Bentley, a 2001 Ferrari and a 1999 Porsche. It also seized a 2002 Wellcraft Scarab Excel speedboat and placed a lien on a Marlton home owned by Turner, Criminal Justice said. Turner was previously identified as living in Cherry Hill where the luxury cars were found.

While the state pursues the criminal charge, it’s also not done with civil charges against Turner. A case against Turner and his wife Robyn Bernstein is in preliminary stages, with the state alleging the duo started up Travel Deals, another illegitimate travel business with markedly similar business practices to the 11 companies named in Turner’s settlement.

Previous coverage:

Editorial: Cherry Hill man accused of travel scam lands behind bars

Cherry Hill man arrested in connection with long-running travel scheme

Vacation club grounded over alleged fraud

N.J. officials say alleged travel scammer hid assets

Did travel scammer book a return trip?

Payments to scammed travel customers delayed

Cherry Hill man agrees to $3M settlement in bogus travel companies case

Landlord waits on late rent from Middlesex County

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An elderly landlord says he is having financial difficulties while awaiting overdue payments from Middlesex County social services.

1BOOZLE-AGENCYSLOWPAY MCCREA.jpgRoy Pitta is seen in front of the boarding house in Perth Amboy owned by his 87 year old father. He and his father say the county's social services agency has promised to pay thousands in back rent for a tenant who is in financial trouble, but has so far not made good on their promise.

Landlords are not traditionally sympathetic characters.

But John Pitta, 87, is no Louie Kritski. You know, the slum landlord played by Joe Pesce in the movie "The Super."

Pitta, a small businessman with bills to pay, has been the owner of a 37-room boardinghouse in Perth Amboy for the past 10 years. His son Roy Pitta said his dad, currently in a rehab facility fighting an infection, is trying to do right by the building’s tenants.

But, he said, Middlesex County’s Social Services department is making it very, very hard.

(Now readers, before you start wondering: Bamboozled checked out the facility, and Middlesex County’s Bureau of Rooming and Boarding House Standards said its inspectors have never had an official complaint about the owner. Other than standard repair requests, such as to fix a cracked tile, there were no major complaints about the building, either.)

The rooming house often takes in tenants referred by the county’s Board of Social Service, Pitta said, so most of the tenants are low-income renters, many of whom receive unemployment, welfare or Social Security benefits.

"At times, when some tenants fall behind on their rent and we are forced to file for eviction, Social Services promises to pay, and although we have to wait for a few weeks, we take them at their word and do not evict the tenant, waiting instead for payment from Social Services to clear up the arrears," said Pitta. "In many cases, Social Services thereafter also starts paying the tenant’s monthly rent, at least for a period of time."

But now — even though Social Services promised in writing a back-payment of thousands of dollars in rent for one tenant — Pitta is left empty-handed.

THE HISTORY
Roy Pitta is the first to admit his father doesn’t run a luxury place, but he said as far as rooming houses go, it’s not so bad.

"When my dad first bought it he likes to say there were more roaches than people in China, and it took him two years to get rid of them all, but he did," Roy Pitta said.

There have been tenants with drug problems and other issues, and they’re in the process of replacing all the wall-to-wall carpeting with tile as part of a plan to rid the building of bedbugs.

Not the Waldorf. But rent includes air conditioning and cable television, and the building boasts several residents who have been there for 12 years, and one who has lived there for 20 years.

"My dad has said just because these tenants are low income it doesn’t mean they have to live like animals," Pitta said.

When a tenant gets into financial trouble, Pitta said his dad isn’t quick to start eviction proceedings.

"He often gives his tenants a chance to catch up, or make arrangements to pay their arrears over time," he said.

So last November, when a tenant who was referred to Pitta by Social Services fell behind on rent, Pitta started working with Social Services to see if it could help.

"For months, Social Services kept telling us that the case was still under review, but that it would probably be approved," Pitta said.

Pitta said he and his dad were passed from one Social Services worker to another for weeks. He said that in December the workers stopped returning his and his father’s calls.

Winter ended and spring came, and the Pittas did not evict the tenant, who had already lived in the building for a couple of years. But there were bills to pay: annual property taxes of more than $27,000, an annual insurance bill of $25,000, fixed operating expenses for gas, electric and the like.

They kept leaving messages and finally, on May 2, they received a letter.

"This letter is to verify the Middlesex County Board of Social Services will pay the back rent owed in the amount of 4940.00 to avoid the eviction ... Please allow 5-6 days to receive payment," the letter said.

A week passed. Then several more weeks. No check arrived.

The Pittas started calling again, but all they reached was voice mail. No one returned their calls.

They turned to the tenant, who went to Social Services and said he was told the payment was tagged as approved in the system, but for some reason the supervisor had not ordered the check to be sent.

"If we are not paid, we will have to evict (the tenant), and my father will lose thousands of dollars which Social Services promised they would pay him," Roy Pitta said.

Then there’s the current rent. The tenant said Social Services placed him in a work program that would help with direct-to-landlord rent payments for a period of time. The Pittas haven’t received that, either.

GETTING PAID
Bamboozled gave Social Services a call to see why there was a holdup on this already-approved payment.

We left several messages for the workers and the supervisor who had previously worked on the case, but no one returned our calls.

We then moved on to the Division of Housing & Social Services, hoping to find a higher-up who could sort through the red tape.

The message got through to Susan Murray, deputy director of the Middlesex County Board of Social Services. Murray got right on the case — with the kind of gusto and honesty Bamboozled doesn’t see often.

"This case was mishandled by staff and we are addressing those issues," Murray said. "There were junctures starting in November where there was either a call or a visit from the tenant or the landlord, where workers could have turned this around."

Refreshing. An admission that a mistake was made at a bureaucracy.

Murray said part of the problem was that much of the department relocated from Perth Amboy to New Brunswick, and this particular file went missing. And, simply, workers didn’t move the case up the chain of command as they should have.

Murray said she is working closely with Pitta to reconstruct the case file, and then the overdue payments will be processed.

"It’s a wake-up call to us. It was just not handled properly. We are dealing with it," Murray said.

If there were more Susan Murrays out there, government bureaucracies wouldn’t have such a bad name.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com and become a fan on Facebook

Bamboozled roundup: Google and Moomjy cases

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Google Maps is cleaning up after complaints; customers of rug business owner Moomjy say they've had more trouble.

boozle-GoogleMaps_Proudman.JPGLaurie Gneiding stands with a barricade she puts in her driveway on the weekends to detour Round Valley Reservoir seekers from driving up to her house. Gnelding realized about a year ago, that Google Maps mistakenly gave her home address for the entrance to the Reservoir, but nothing has been changed. On a busy weekend, she says that a couple dozen people will drive up her driveway in search of the park.

You can now plug "Round Valley Reservoir" into Google Maps and not end up in Laurie Gneiding’s driveway.

Exactly one week after this column featured Gneiding’s frustration with unwanted visitors who were trying to reach the state park using wrong directions from Google Maps — and more than eight weeks after she first complained — the fix was in.

"I just tried five different permutations of ‘Round Valley’ and none were my driveway," an excited Gneiding said in an e-mail.

But for the Rev. Michael Trainor, the Google Maps mishaps continue.

Trainor serves at St. Rose of Lima, a Roman Catholic church located at 50 Short Hills Ave. in Short Hills.

"Try putting that address in Google Maps and see where you end up," Trainor said. "It changes the address to 50 Old Short Hills Road which is clear across town. Plus, there is no ‘50’ on that road."

We checked, and if you name the church, it sends you to the right place, but entering the address does not.

Trainor said the trouble started last spring, when people on their way to St. Rose for a wedding or a funeral would call for directions, saying they couldn’t find the church. Trainor didn’t understand why there were so many lost souls or why they all ended up on Old Short Hills Road, so he asked. Google Maps, they all told him.

"We had a mother-of-the-bride get lost once. We did hold up the ceremony, but we can’t always," Trainor said. "People do get upset or angry if they miss or are late for the ceremony."

When Trainor counsels couples who are preparing for their wedding ceremonies, he instructs them on more than the joys and challenges of marriage. He stresses they must tell their guests not to use Google Maps until the problem is corrected.

And he’s tried to have it corrected.

Trainor said he contacted Google Maps through the "Report a problem" link at least seven times, explaining the problem and that people were missing ceremonies because of the faulty instructions. Months later, the wrong directions remain.

We gave Google spokeswoman Deanna Yick a shout on July 19.

"We’ve built our map from a wide range of authoritative sources, ranging from the U.S. Census Bureau to commercial data providers to users, and have used satellite, aerial, and Street View imagery to help complete the map," she said in an e-mail. "Overall, this provides a very comprehensive and up-to-date map, but we recognize that there may be occasional inaccuracies that could arise from any of those sources."

But when errors are found, Google is happy to get the feedback, she said.

While Yick can’t give a timeline for a fix, she said the team would look into the problem.

And we’ll be on the lookout. Thanks to Google for fixing the Round Valley problem.

EINSTEIN MOOMJY TROUBLES CONTINUE
Jane and Frank Carotenuto are still waiting for their refund.

The Mendham couple left two deposits totaling $500 with Einstein Moomjy for a new rug. After their story was featured in this space two weeks ago, owner Walter Moomjy contacted the couple, asking for copies of the front and back of the deposit check, Jane Carotenuto said.

She mailed the copies on July 19, she said, and she hasn’t heard anything since.

But Bamboozled has heard plenty from Einstein Moomjy customers who tell similar tales. People who placed orders for rugs and gave deposits. People who would call the store number on the receipt and get no answer. People who would leave message after message, with no response from the company.

They contacted Bamboozled, some with stories of finally getting refunds after many weeks or months of persistence, while others asked for help. We asked Andrea Moomjy and Claudia Moomjy, via e-mail with copies of readers’ receipts attached, to investigate those cases.

Like the case of Carrie Yoos of Warren, who placed two orders with the company in late May. She gave a deposit of $1,500 for an area rug at the North Plainfield store, and a separate deposit of $1,139 for runners at the Paramus location. Yoos said she’s been trying to contact the company but either there is no answer or no one returns her calls. She even drove to the North Plainfield store, only to find it closed.

And Cindy Vetrano of Verona, who put down a $1,400 deposit on her credit card for a rug on May 11 at the Whippany store. She says she’s been unable to reach anyone at the company, and she wants her money back.

Barbara Bechtold of Parsippany shared how in December 2010, she placed an order for wall-to-wall carpeting at the Whippany store with a deposit of $8,000.

Months later and after much back and forth, she said she was told by Walter Moomjy that she could only get her product if she paid the balance of the bill directly to the manufacturer. She did and she got her carpet, but she was on the hook for extra out-of-pocket costs for an installer and padding — costs that were included in the original price. She thinks she deserves her $8,000 deposit back, or at least the amount to cover her duplicate costs for the installer and the padding.

Gayle Carlson of East Hanover doesn’t want a refund, and she said she hopes Einstein can get her the rug she ordered with a $500 deposit at the Whippany store on Jan. 17. Carlson said she hasn’t been able to find the rug elsewhere, and she made decorating decisions based on the rug’s color scheme.

The Moomjys never responded to our request that they do right by their customers.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com. Become a fan on Facebook

Client says de-icer did damage and he was left out in the cold

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In 2000, the Newton couple redid a 330-square-foot path that led from the driveway to the front door, and around the house from the garage to the patio in the back with stamped concrete. As this vicious New Jersey winter barreled through, the path was often covered with copious amounts of ice.

joe-cetti.JPGJoe Cetti says a de-icing product damaged his stamped concrete, but despite the guarantees by the company, it won't pay for repairs.

Joseph and Carol Cetti bought their three-bedroom bi-level home in 1963. 


Over the years, they added brick and vinyl siding. They’ve replaced the windows, added central air, a fireplace, a bathroom/laundry room and a patio room, and even put in an in-ground pool. 


In 2000, the Newton couple redid a 330-square-foot path that led from the driveway to the front door, and around the house from the garage to the patio in the back with stamped concrete.


As this vicious New Jersey winter barreled through, the path was often covered with copious amounts of ice.


In January, Joe Cetti decided he’d had enough of the ice. He did some research and decided to purchase a snow melt/de-icing product from a company called Bare Grounds Solutions.


The website says the product, an “environmentally friendly and virtually noncorrosive liquid spray,” is “safe on all surfaces.”


But one look at Cetti’s crumbling stamped concrete indicates otherwise. 


“We used their product because of what we read about their warranty that says you can use it on stairs, walkways and driveways without doing any damages,” Cetti said. “ It was only after using Bare Grounds Solutions’ product that this damage was caused. There is no other explanation.”


AN ICY SITUATION


This past winter was an unusually bad one, and Joe Cetti said this is the first season he purchased anything to help with de-icing.


Cetti purchased three one-gallon jugs of the product on Jan. 8 for $50.92, plus shipping and handling. 


“When I first noticed the damages, I was very upset and I said to my wife, ‘What was different this winter that could have caused this to happen?’ ” he said.
The only change was his use of the Bare Grounds de-icer, he said.


He did some more research. 


The home’s stamped concrete path, installed in 2000 and sealed every two years, was “scaling,” the term used for the crumbling of the concrete. Scaling generally occurs shortly after installation if the concrete wasn’t allowed enough time to cure, or if there was too much water in the mix.


But this wasn’t a new path. It was more than a decade old, leading Cetti to believe it was the Bare Grounds product that caused the scaling.


On March 20, Cetti e-mailed the company explaining his problem. 


The company replied the next day, saying it didn’t think the product was the cause. It asked for photos of the damage, which Cetti e-mailed the next day. 


By March 24, he hadn’t heard back, so he e-mailed the company to make sure it saw the photos. He also asked if the company ever tested its product on stamped concrete.


Four days later, Cetti sent another e-mail, this one directly to company president Ed Brookmyer.


Cetti receive a response on April 4. Brookmyer didn’t answer the question about how the product has been tested, but he said it was tested lots.


“I am surprised by this because our product has been tested extensively and found to be virtually noncorrosive,” he wrote, and he promised to send Cetti’s claim to the company’s insurance company.


Two weeks passed and no word.


On April 15, Cetti wrote to Brookmyer again, asking for action.


After two more weeks with no response, Cetti contacted Bamboozled. We reviewed the documents and recommended he try one more time before we got involved.


Cetti wrote again to the company on May 11, reiterating his problem and noting that he had talked to Bamboozled. 


“Several days later his insurance called me,” Cetti said, and an appointment was set for an insurance representative to view the damage. “She asked me to get an estimate of how much it would cost to get it fixed and also to get a receipt to prove that I purchased the product.”


On May 15, Cetti e-mailed the estimates and the receipt to the insurance rep. One estimate was to repair the damage for $398, but the contractor said he couldn’t guarantee the permanent fix. The contractor said the real solution — to restore the path to its original appearance and to prevent it from degenerating again — was to tear up the concrete and start over for a cost of $3,662.50.


On May 26, Cetti said he called the insurance rep. She said she wanted to send another expert to look at the damage. 


The expert came and went, and Cetti heard nothing.


He called the insurance rep again on June 3.


“She said (the insurance company) would pay for repairing the damages, but they would not pay to do it over again,” Cetti said. 


But Cetti was worried a repair wasn’t good enough, so he asked the contractor again on July 1. 


“He said that it would look like new again, but it is only a temporary fix,” Cetti said. “He said once scaling happens with stamped concrete, the concrete loses strength and it will scale again. He said the proper thing to do is to tear it up and redo it.”


Cetti called the insurance rep with the report and offered to compromise on the cost to finally bring the situation to a conclusion. He said the rep said she’d talk to Brookmyer and get back to him.


She called Cetti on July 11.


“The company said they would not pay for anything,” Cetti said.


After months of dissatisfaction, Cetti said it’s no longer about getting paid for damages. He wants the company to test its product on stamped concrete so other customers wouldn’t have this problem. 


“I’m not out to rip them off,” Cetti said. “The fact that the path has been down for 11 years and I never had this scaling problem? The damage usually happens when it is first put down, so I feel that’s proof that it was the product.”


ASKING FOR HELP


Bamboozled contacted Bare Ground Systems, located in Billerica, Mass., and Brookmyer said there is no proof that his product caused the damage.


He said there have been extensive reports about the product, which won the 1998 “Best Product of the Year” award from the Civil Engineering Research Foundation. 


He also said as part of the Transportation Equity Act of 1998, state agencies that used the product to treat bridge approaches and overpasses received federal subsidies “because it’s virtually noncorrosive and wouldn’t damage the infrastructure.” 


“There could be 100 reasons why he had scaling of the concrete,’’ Brookmyer said. “Perhaps it was put down by someone who hadn’t done it before. Maybe the water wasn’t taken out of the concrete properly. Maybe the concrete wasn’t allowed to cure.”


Sure, Bamboozled agreed, those are reasons why stamped concrete could scale. But the path was put in more than 10 years ago. That kind of damage would occur after the first winter, according to experts we talked to.


“You’re right. There’s no question for something from that long ago, obviously the product would have cured,” Brookmyer said. “I don’t know what the issue may have been.”
But he won’t allow that it could have been the Bare Grounds de-icer. 


So we asked: Has Bare Grounds Solutions ever been tested specifically on stamped concrete?


“I believe that you will find that concrete is concrete,” he said in an e-mail. 


That was Brookmyer’s last word, and Cetti is left with the bill.

PSE&G customers up in arms over spike in bills

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Bamboozled received two complaints from readers who were unexpectedly hit with PSE&G bills for thousands of dollars. The customers agree if they used the gas, they should pay for the gas. But they want to know how PSE&G can go months, even years, without noticing that the meters hadn’t been read.

BOOZLE-PSEG-GERSHON_HOCKSTE.JPGRobert Gershon reviews a $4000 PSE&G utility bill out in the garage of his Livingston home.

Perhaps they should have known better.

Bamboozled received two complaints from readers who were unexpectedly hit with PSE&G bills for thousands of dollars.

PSE&G hadn’t been reading their meters, the customers said, so their bills were estimated. Estimated at less than $10 per month.

When the utility finally noticed, these customers were sent jumbo bills. The customers agree if they used the gas, they should pay for the gas. But they want to know how PSE&G can go months, even years, without noticing that the meters hadn’t been read.

"There should be a red flag raised when you hit a certain dollar number in arrears," said Robert Gershon, a Livingston homeowner who recently received a bill for more than $4,000 from PSE&G. "How can they do that?"

Here’s what happened.

BILL CONFUSION

The Gershons have been in their home since 1994, and they receive gas and electric service from PSE&G.

They pay their bills through an equal payment plan of $409 per month. About $125 of that went to electric, with the rest — they thought — going to payments for gas.

But in March, Robert Gershon received a letter from PSE&G saying he owed more than $4,000 for gas charges.

"They are supposed to review the account every six months and adjust it accordingly," he said, noting his account had never before been short on the equal payment plan. "They told me they haven’t been getting accurate readings."

Not accurate, for sure. Gershon said three years ago, he made energy efficiency improvements to the home and monthly bills went down $50.

And last year, he said he received a $1,200 credit for overpayment from the year before.

"How am I short $4,000 on top of that in gas alone in one season?" he said.

Stranger yet, Gershon said PSE&G customer service reps have been unable to locate the part of the $409 monthly payments that should have been applied to gas charges.

MISSING MONEY
The missing funds probably added to the heft of the July bill, which said the family owed $4,414.53.

Gershon said a supervisor promised to ask for approval for him to pay an additional $100 per month for the old charges, and his account would state that service should not be shut off. The supervisor never called him back or returned the many messages he left seeking confirmation, he said.

Then a week ago, a PSE&G rep knocked on the door and said he’s supposed to shut off service if Gershon didn’t pay what he owed. Gershon explained about the payment plan and that he had just sent in $500 at the end of July. The rep said he could have a few more days to settle the bill.

His account remains in limbo.

Gershon wants to know where his missing gas payments are, and why the utility continues to threaten to shut off service.

ANOTHER UNHAPPY CUSTOMER
Christopher and Leisel Hoffman shared a similar tale with a bill of more than $2,000.

The couple has been renting a three-floor home in Monroe since November 2009, and they paid their small gas bills — between $5.86 and $10 per month — on time.

"We rarely use gas," Christopher Hoffman said, noting the family has an electric stove and large windows that let in lots of heat from the sun, even in the winter months. "We even have portable electric heaters that we plugged in so we never used the gas much at all."

Then came the April 2011 bill for more than $2,000.

"We had contacted PSE&G and they advised that our meter was last read in December 2009 and they estimated our bill throughout the entire year of 2010," Christopher Hoffman said.

The Hoffmans, who have two teens and are expecting a baby, said they were never notified of unsuccessful meter readings, so they had no idea there was a problem.

Soon after the big bill arrived, a PSE&G representative visited the home and said the meter should have been replaced by the landlord in January 2009.

They arranged for a new remote meter — one that could be read by a company truck simply passing by the home. The couple missed two days of work waiting for techs who never showed up for appointments. Finally in July, the new meter was installed.

"The new meter is set up so for a reading all they have to do is drive by and they cannot even do that," he said, noting that reps told him it’s the customer’s responsibility to make sure meters are read.

"I do not see how the residence has to be held accountable for PSE&G not doing their job," said Hoffman. "For an entire year to pass and PSE&G not even own up to their responsibility of error and then placing this burden on the resident? It’s completely unethical."

Hoffman negotiated a payment plan of an additional $150 a month until the bill was satisfied. In return, Hoffman said, the company said it would not threaten to shut off the gas.

But on Aug. 12 he received a note saying they must pay $1,500 by Aug. 12 or PSE&G would terminate service.

"We are like every other hard-working middle class family trying to make a life and raise a family of our own and to feel taken advantage of or placed in a position that is unethical by a company such as PSE&G, their actions are just not justified," Hoffman said.

METER-READING RULES
These two PSE&G customers are willing to pay their bills. But they’re angry, and they say PSE&G should be responsible for accurate meter-reading rather than shocking customers with a big-ticket bill.

The regulations leave questions as to whether or not PSE&G did what it was supposed to do.

N.J.A.C. 14:3-7.2 says: "Utility companies shall maintain a regular meter reading schedule and make a reasonable effort to read all meters."

"After a utility estimates an account for four consecutive monthly billing periods, the utility must notify the customer that a meter reading must be obtained," said Greg Reinert, a spokesman for the state Board of Public Utilities.

According to the customers’ reports, it doesn’t sound like that’s what happened.

We asked PSE&G to review their accounts.

PSE&G was unable to read the Hoffmans’ remote reader, said spokeswoman Bonnie Sheppard.

"Unfortunately, and this was totally our error, it was incorrectly programmed and so did not work properly," Sheppard said. "That has been corrected."

The Hoffmans were issued a new bill and a new payment plan will be established, Sheppard said.

PSE&G also reviewed the Gershon account, and Sheppard said the confusion was caused because bills were generated from a combination of customer reads, estimated reads and actual reads.

“After an actual read, the system issues credits for prior bills and rebills for actual reads,” Sheppard said. “This sometimes results in multiple bills received.”

Some of the bills made it appear he had credits, but they were followed up with bills that reflected the adjustments.

“From looking at all the documents, it is completely understandable as to why he is confused,” she said, noting a manager will contact Gershon today with a detailed explanation and to work out a payment plan.

“We most sincerely regret the distress caused to the customer over issues associated with his account but assure you that the matter will be resolved with him.”

Also, a new remote reader will be installed today.

A word of advice: No matter what utility you use, read your bills closely. Pay attention to whether that month’s charges are estimated or based on an actual meter reading. If you’ve had too many estimates in a row, you could be in for a billing surprise. Don’t wait for the utility to notify you. Call your utility and request a reading.

If that doesn’t work, file a complaint with the BPU at (800) 624-0241.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.
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Homeowner says Bank of America foreclosure notice doesn't add up

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A real estate agent who requested a modification from Bank of America got a headache instead.

conca boozle murray.JPGMark Conca in front of his Caldwell home, he is having trouble with his mortgage holder Bank of America.

As a real estate agent, Mark Conca has watched homeowners struggle to make their mortgage payments. He’s seen a lot of short sales and foreclosures in recent years, and he’s even assisted homeowners looking for mortgage modifications.

He didn’t want to be one of them.

But the distressed housing market put a major dent in Conca’s commission-based income. He said he still paid his bills on time, but his savings account was dwindling.

He decided to approach his lender, Bank of America, to see if he’d qualify for a modification. After he applied, many months passed and Conca heard nothing from the bank. Knowing lenders had huge backups in modification requests, he remained patient.

Conca, 41, continued to make the full payment on the mortgage for his Caldwell home, on time, every month.

But that’s not what Bank of America said when it sent Conca a letter about its intent to foreclose.

“I would have been better going to a loan shark and borrowing all that money,” Conca said. “At least with the street mafia, you know where you stand.”

Here’s what happened:

THE PROCESS

Conca has had the same Bank of America mortgage since he purchased the three-bedroom Cape Cod in 2005. He applied for a modification in December 2009.

“I was trying to stay ahead of the game,” he said, noting he asked for help before he got into real money trouble. “They told me I should miss some payments. I said I won’t miss payments. If I have a debt, I pay it.”

He finished the application process and continued making his payments, knowing lenders were backed up with modification requests.

As time passed, he said he sort of forgot about it.

Until he received a letter in March 2011 that said he was two months late on his mortgage.

“I called and said that’s impossible,” Conca said. “I had copies of all my payments on my bank statement.”

When he finally got in touch with a supervisor, he was told the account would be reviewed and he’d have an answer in 10 days.

Three weeks later, the supervisor called back, Conca said. The supervisor reported the loan had been approved for three months of temporary modified payments for October, November and December 2010, and something wasn’t properly recorded, Conca said.

“He told me it was now squared away and that I was approved for the modification,” Conca said. Approved not just for a trial payment plan, but approved for an actual modification. The supervisor said Conca would receive information in the mail about his new modified payment in about 10 days, Conca said. About a month went by, and Conca said he didn’t receive any information from the bank. Finally, on April 10, a letter. But not the one he was expecting. “According to our records, payment for your home loan is past due,” it said. Conca finally called a lawyer for help, and the lawyer corresponded with the lender, but got nowhere.

Then on July 19, Conca received a letter saying he was approved for a rate reduction on a modified mortgage and he’d receive the paperwork in 10 days.

Relief, but it was only temporary.

Two days later he received a different kind of letter from Bank of America: a notice of intention to foreclose.

“I’ve gotten three more since then,” he said.

The last straw was a notification from a Citibank credit card Conca said he’s had since 1991. Citibank said it was lowering the credit limit on his credit card because Conca’s credit report showed him as more than 60 days late on his Bank of America mortgage.

“My credit score for the last 21 years has been in the high 700s,” he said. “This has ruined my credit.”

Conca asked Bamboozled for help.

BANK’S BUMBLES

There’s no shortage of lawsuits related to Bank of America’s loan portfolio, and other suits allege the lender hasn’t followed proper foreclosure practices. A judge last week granted permission for the lender to restart foreclosures in New Jersey after a 9-month moratorium.

The bank is also in the process of negotiating a settlement with officials from several states and the feds regarding its foreclosure practices.

Bank of America’s stock price has suffered under the weight of the lawsuits.

Bamboozled asked Bank of America to review Conca’s account.

After a few days, a spokeswoman said in an e-mail that Conca had been approved for a Home Affordable Modification Program (HAMP) trial modification and he was notified by the bank in writing.

“He continued making his regular payments during the trial payment period, which the bank posted and reported as partial payments under a trial payment plan rather than full payments on the account,” the statement said. “This resulted in a notice to accelerate foreclosure, a precursor to … foreclosure, being sent in error.”

The spokeswoman said the payments have now been properly credited to his account, the loan is not in foreclosure and Bank of America has submitted corrections to the credit bureaus.

Excellent. But exactly how did this happen? Even if Conca’s modification notification was lost in the mail, his payments were still made on time.

Shouldn’t they be linked to his mortgage — whether the bank credited them to the original mortgage or a modified trial payment plan?

We asked that question, but the bank didn’t have an answer beyond saying his regular mortgage payments were treated as trial payments because their system indicated he was in a trial plan, so the payments were placed into the partial payment account associated with his loan.

That still doesn’t explain anything. If the partial payment account was associated with his loan, why didn’t the bank didn’t notice he was still making full payments?

So we asked if Conca is now supposed to make modified payments.

“If Mr. Conca is interested in being reviewed for a modification, and can demonstrate a hardship, we can assign a home retention specialist to work with him,” the spokeswoman said in an e-mail.

But wait: the July 19 letter already said he was approved for the modification.

Bank of America didn’t respond to requests for additional explanations.

Conca says he doesn’t have much faith.

“The process was a disgrace and it took a threat from the media to get them to move? It annoys me that they have no respect for the common man,” he said.

Conca said he’s still interested in a modification, and he wonders how long it will take the bank to tell him where the account stands.

“The least they can do is say now that they’ve screwed up, now that they caused me all this pain, they will modify my loan,” he said.

We’ll let you know what happens.
Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

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Bamboozled follows up on Cranford Corner, others

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There’s other good news. After reading Bamboozled’s story about Zach Fried, Richard Shue of Collegemania, a Livingston screen printing, embroidery and custom design store, offered to give Zach a Cranford varsity jacket at no cost.

$$ boozle- richards.JPGCranford swimmer Zach Fried with his new varsity jacket, which was made possible after a local business stepped forward and made the jackets for free. Cranford Corner, where the original jacket orders were placed, has had a criminal complaint filed against it for not delivering the jackets.

Zach Fried finally has his varsity letter jacket.

We told you his story last spring, after his mom Abbe Fried got the runaround from Peter Baker, the proprietor of Cranford Corner.

On Oct. 25, 2010, she paid $160 to Baker when she placed an order for Zach’s varsity letter jacket, which he earned as a member of the Cranford High School swim team.

Months passed and the order wasn’t filled. Baker gave excuse after excuse, but the jacket never arrived.

The Frieds started hearing similar complaints from other students, and they worried their money would be gone.

Apparently, it was.

Baker was arrested on April 27 on charges of theft by deception and for writing bad checks, stemming from six customer complaints that he didn’t fill orders for which he took payment.

He’s now out of jail and in a pretrial intervention program (PTI), and he has to pay $5,624 in restitution, said a court spokeswoman.

If Baker successfully completes all the conditions of PTI, which includes 60 hours of community service, the original charges will be dismissed and there would be no record of a conviction. If not, the case would be returned to the court.

There’s other good news. After reading Bamboozled’s story about Zach Fried, Richard Shue of Collegemania, a Livingston screen printing, embroidery and custom design store, offered to give Zach a Cranford varsity jacket at no cost.

Zach will wear his jacket proudly as he starts his junior year this fall.

Thanks to Collegemania and Richard Shue for your good deed for this high school athlete.

HELP WITH MODIFICATIONS
Bamboozled received an e-mail from the U.S. Treasury Department after an official read last week’s column about a mortgage modification mess with Bank of America.

"Any homeowner who has concerns that their mortgage servicer is not following proper procedures under the Home Affordable Modification Program (HAMP) or believes their servicer is giving conflicting or confusing information, can escalate their case to the Homeowner’s HOPE Hotline at 888-995-HOPE (4673)," spokeswoman Andrea Risotto said in an e-mail.

The service allows homeowners to speak one-on-one about their case with a team of HUD-approved housing counselors who can help them resolve their case with their servicer.

"Any homeowner who feels overwhelmed or confused by their mortgage problems should seek assistance from a HUD-approved housing counselor for free," she said.

Treasury also wanted readers to know about a free event for homeowners at the Meadowlands on Sept. 27. She said at least 17 of the largest mortgage servicers – including Bank of America – will be there to meet individually with customers to discuss HAMP and other options to avoid foreclosure. Also at the event, you can talk to local HUD-approved housing counseling agencies and officials from the New Jersey Housing and Mortgage Finance Agency, which administers NJ Homekeeper – a program for homeowners struggling to pay their mortgage as a result of unemployment. You can learn more about the program – which is funded by Treasury’s Hardest Hit Fund, which was awarded to the states most impacted by unemployment and underemployment – at njhomekeeper.com.

Given the huge number of e-mails Bamboozled received about modification problems after the story ran, there sure is a need for help.

Thanks to Treasury for the tips.

INSURANCE CASE CLOSED
There’s also a resolution to the insurance case of the Oliveri family of Franklin Park.

After a flood damaged their home – furniture, flooring, a ceiling and more – they were caught in insurance red tape. The family was covered by their own homeowners policy, and coverage under the condo association policy, too.

The homeowners policy said it couldn’t consider the claim until a claim had been made on the association policy first, but the condo association refused to file the claim.

The association’s attorney, Herbert Cutolo, at the time said that because the association had several large claims in recent years, they were worried the policy would be canceled if there was another claim. The association would then end up in a high risk pool with costlier insurance premiums.

But that didn’t matter much to the Oliveris. The family couldn’t afford to replace the carpeting, so their two young daughters – including one who has a medical condition that causes breathing problems – were living in, and playing in, dusty mid-construction-like conditions that exacerbated the breathing problems.

So the Oliveris were out of luck.

After Bamboozled’s story, something happened. We’re not sure what because Oliveri and his attorney aren’t allowed to talk about it.

"Unfortunately, all I can tell you is that the case has resolved itself," said Oliveri’s attorney Timothy Wiss.

Bamboozled is willing to guess the homeowner came to some kind of an agreement with the association and its insurance company, and the damages have been fixed. At least, we hope so.

EINSTEIN MOOMJY UPDATE
There’s not a lot of good news to report about rug store Einstein Moomjy, profiled by Bamboozled this summer.

We reported the complaints of customers who placed orders with deposits of hundreds or thousands of dollars and never received the merchandise.

Einstein Moomjy filed for Chapter 11 bankruptcy last week.

Court filings list a total of 38 employees, 26 of whom say they’re owed back wages, including company founder Walter Moomjy and his daughters, Andrea Moomjy and Claudia Moomjy. Court papers also say there are at least 18 lawsuits against the company.

During a bankruptcy filing, there’s an order in which creditors are paid. We wanted to know what would happen to the customers who placed orders.

"The customer deposits will be addressed shortly, either through alternative retailers or by other means," said company bankruptcy attorney Daniel Stolz.

Andrea and Claudia Moomjy didn’t respond to e-mailed requests for comment.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

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Bamboozled: beware con artists after Hurricane Irene

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In the aftermath and cleanup from Hurricane Irene – with many homeowners barely back in their homes as the floodwaters have finally receded – you can expect to see more of the same. Sure, wallops like Irene bring out the best in some people, but they also bring out the opportunists, the hucksters, the con artists.

Hurricane Irene Photos: Day-by-DayThursday: The Frank H. Furman Insurance building in Pompano Beach, Fla. has a bit of inspiration on their marquee, a quote that reads, "Hope for the best but prepare for the worst." (Amy Beth Bennett/Sun Sentinel/MCT)

It’s really an old story: scammers taking advantage of those in need, hoping to line their pockets.

In the aftermath and cleanup from Hurricane Irene – with many homeowners barely back in their homes as the floodwaters have finally receded – you can expect to see more of the same. Sure, wallops like Irene bring out the best in some people, but they also bring out the opportunists, the hucksters, the con artists.

Complaints are likely to come in as homeowners start interviewing contractors to do repairs.

"For those people or businesses out there considering taking advantage of consumers in these times, they should know that profiteering at the expense of people who are suffering will not be tolerated," said Thomas Calcagni, head of the Division of Consumer Affairs.

Calcagni said he had investigation teams visiting each of New Jersey’s 21 counties late last week looking into complaints and informing consumers about possible trickery.

Here’s a checklist for you to use as you search for contractors to help you rebuild.

BEFORE THE REPAIRS START
You’re home was flooded? The structure was damaged? Belongings ruined?

Once you’re able to safely return to your home, videotape the damage – before you even pick up a single piece of rubbish on your property. Make sure you have accurate documentation and evidence of damage for your insurance company.

If you have a "before" video of your property, all the better. You can present the "before" and "after" tape of your property when the adjuster comes a-callin’.

Then, call your insurance company. After it assesses the damage, you can ask your insurer for recommendations for approved contractors. These will be contractors that have worked with your insurer before, and they will work in tandem to get the job done right, and without additional costs for you.

BEWARE OF DOOR-TO-DOOR GUYS
If someone knocks on your door offering services, be suspicious. In fact, kick ‘em off the front porch (if you still have one). Of course you want repairs done fast, but do you really want a contractor who’s selling himself on a street corner?

References from friends and family members are often a great way to start. If someone you know and trust was happy with the work done by a contractor, you’re off to a good start.

But this is also where patience comes in. If you call a recommended contractor, it’s possible the business will already be booked for weeks in the future. Frustrating for sure, and it’s understandable that you want the work done, well, yesterday.

If you find someone who is available immediately, think about why this person is so readily available – especially at a time when home contractors should be quite busy.

CHECK THEM OUT
If you find a contractor you think will work for you, check out the company. Ask the contractor for a copy of his license number, and for liability insurance policy information.

Then check it out.

Use the license number to make sure the contractor is properly registered with the Division of Consumer Affairs. Call 800-242-5846, or look online at NJConsumerAffairs.com. You can also ask the Division if it has had legal actions against the company or the contractor.

"Don’t let your desperation cloud your good judgment," Calcagni said. "Take the time to verify that these people are in fact who they represent themselves to be. Contact us at Consumer Affairs and let us verify that information for you."

A license is no guarantee of quality work, but it will make it easier for consumers and authorities the ability to track down the huckster.

Next, call the liability insurance company to make sure the policy is active.

Then, check out the business at the Better Business Bureau at bbb.org, or call (609) 588-0808.

Even if you think this is the right contractor for you, do some more legwork. Call some other contractors so you can get at least three estimates, which will allow you to compare prices and services.

Remember that verbal estimates aren’t worth anything. Get each estimate in writing so you can compare costs, the materials that will be used and everything else about the job.

HOW TO PAY, AND HOW MUCH
Before you hire the company, consider the price they’re offering for the job. Sure, we all want to pay the lowest price possible, but if someone is offering to the job for substantially less than the competition, ask yourself why. It’s possible they’re using cheaper, sub-standard materials or they plan to cut corners. In the long-term, this kind of shoddy work will cost you more in re-dos.

If they offer you a discount for cash upfront, yes, that’s another red flag.

Also beware of a contractor who says they’re backed by FEMA, the Federal Emergency Management Agency. FEMA does not endorse individual contractors.

If you’ve decided to allow someone to work on your home, carefully review the contract, and make sure the license number you were given before matches the one on the contract.

When it’s time to pay, consider using a credit card, which offers more protections than writing a check.

If a contractor wants the entire cost of the job upfront, again, boot them out. It’s customary to pay one-third in advance, one-third halfway through and one-third upon completion, Consumer Affairs says.

Paying too much upfront could cost you. Sixty-one percent of those who were victims of contractor fraud after Hurricane Katrina said their contractors asked for all the money upfront, according to a survey by Louisiana State University.

ADDITIONAL RESOURCES
For additional resources, check out Consumer Affairs’ information packet, "Tips For Flood Victims: How to Avoid Disaster-Related Scams," at NJConsumeraffairs.com/press/floodvictims.pdf.

Also read what the Federal Trade Commission has to say about home repairs after a natural disaster at ftc.gov/bcp/edu/pubs/consumer/alerts/alt030.shtm. File complaints at

Learn about settling insurance claims after a disaster from the Insurance Information Institute’s

iii.org/brochures/settling-insurance-claims-after-a-disaster.html.
Homeowners who think they’ve encountered a swindler or someone who is looking to unfairly profit from Irene’s damage should file a complaint with Consumer Affairs at NJConsumerAffairs.com or call 800-242-5846.

And of course, you can email us at Bamboozled@StarLedger.com.

CHARITY SCAMS
While so many people need help, the unscrupulous will come out, tricking those with good will to give, only to have the donations misused or outright stolen.

Before you give to a charity claiming to benefit Irene victims:

• Ask if the charity is registered in New Jersey, or see if it’s is exempt from registration. (Certain religious and educational organizations, and those who raise less than $10,000 annually in contributions, are exempt, according to Consumer Affairs.)

• Ask the charity how it plans to use your donations. Will the money directly help those in need or will it be used to pay employees?

• Contact Consumer Affairs’ Charities Registration Hotline at 973-504-6215, or check its Charities Registration page at NJConsumerAffairs.gov.

• Read more about charities at NJConsumerAffairs.com/brief/charity.pdf.
If you’re able to give money or your time, consider these tried-and-true helpers in time of disaster:

• Contact The Red Cross at (800) RED-CROSS (733-2767)or redcross.org • The Governor’s Office of Volunteerism at (609) 633-9627 or (609) 775-5236.

• Visit VolunteerNewJersey.org.
• Contact The Salvation Army by calling (800) SAL-ARMY (725-2769) or visit salvationarmy.org. You can make an automatic $10 donation by texting the word "storm" to 80888.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

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Some phone calling deals too good to be true

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Slamming is the illegal practice of swapping a consumer’s telephone service company without permission. Slammers sometimes get their victims through trickery, such as adding consent for a switch to the fine print of a promotional offer or coupon, while others simply deceive potential marks with telephone calls.

0819PHONE_01.JPGBernard and Janet Goldstein were nearly victims of "telephone slamming." The Golsteins are pictured in their North Brunswick home.

Want a lower telephone bill?

Of course you do. We all do.

But when an offer for cheaper service came via a telephone call to Janet Goldstein of North Brunswick, something didn’t sound right.

"The woman said that next month, the cost of our telephone service would be 40 percent lower and that we would receive local and long-distance calling for $19.99 instead of the $48.99 which we were now paying," Goldstein said.

"Then she asked me if I was a Verizon customer and I said yes," she said.

The caller never identified herself as a Verizon rep, or as a rep from any other company, for that matter.

"It certainly sounded like she was from Verizon," said Goldstein, 66, noting her number is on the national "Do Not Call" registry, so she wasn’t expecting a telemarketing call. "If she was calling from Verizon, she would not have to ask if I was a Verizon customer. Why would anyone else be calling about landline service?"

Because slamming is back, that’s why.

Slamming is the illegal practice of swapping a consumer’s telephone service company without permission. Slammers sometimes get their victims through trickery, such as adding consent for a switch to the fine print of a promotional offer or coupon, while others simply deceive potential marks with telephone calls, calls very much like the one Goldstein received.

But Goldstein is no mark. She and her husband Bernard, 72, were suspicious before the call was completed.

Bernard retrieved the telephone number from the phone’s memory — (800) 690-9950 — and their Caller ID showed the same number had called several times before. Goldstein contacted Verizon to report her suspicions. Verizon said no one had tried to switch the couple’s service yet, and it would institute a block so no one could change their service without the Goldstein’s authorization.

The Verizon rep also identified the company on the other side of the slamming telephone call: Cordia Communications.

CORDIA’S RECORD
Who is Cordia?

That’s a question Bamboozled has been unable to answer, despite messages left at four toll-free numbers and two e-mail addresses.

The website boasts, "From a single home phone line to comprehensive business solutions, Cordia Communications connects you to the world."

But it can’t seem to connect Bamboozled with someone who can comment on the company’s behalf.

None of our messages were returned.

So far in 2011, there were six complaints against Cordia on record with the Federal Communications Commission (FCC). Half were resolved in the consumer’s favor, and half in favor of the company.

There have been six slamming complaints lodged against Cordia with the state’s Bureau of Public Utilities since Jan. 1, 2010.

"Upon investigation, there were no slamming violations found," said BPU spokesman Greg Reinert. "Cordia was able to provide proof of customer consent. Phone calls are recorded."

(Hmmm. See tip No. 3, below.)

Slamming has fallen by the wayside over the past decade, noted Tom MacGuire, senior vice president for national operations for Verizon, the Goldstein’s carrier. But as consumers in this economy look for ways to cut costs, he said, disreputable companies see an opportunity.

"It’s like anybody else in a predatory relationship," MacGuire said. "These guys are taking advantage of someone looking for a better deal, and who doesn’t want a better deal? I think the whole practice is rather disgusting."

Cordia is nothing if not persistent.

Two days after the Goldsteins’ requested their number be blocked, they continued to receive calls.

The phone rang yet again on Aug. 16, Janet Goldstein said, and it was the same Cordia rep with the same pitch. Goldstein told her not to call again.

"I contacted Bamboozled because I feel that this is some sort of scam," she said. "If they were a legitimate company selling a legitimate service, they would say who they are and what the benefits of their service are. But they don’t do this."

DON’T GET SLAMMED
Here are tips to avoid getting slammed, courtesy of the Federal Communications Commission and the National Consumer League.

1. Don’t return calls to numbers that you don’t recognize. You could be calling a number that results in switching your phone service.

2. Be wary of unsolicited offers. Calls that offer to lower your phone costs should be suspect.

3. Sometimes slammers create phony verification that customers agreed to switch. For example, someone posing as a rep from your telephone company may ask if you are satisfied with your service or if you’re interested in a new discount plan. A "yes" answer could be tape-recorded and used as proof that you agreed to switch. Also be wary of telephone surveys about your telephone service, which can be telemarketing in disguise. If you say "yes" to any of the surveyor’s questions, the answers may be taped and used later as verification of your agreement to switch your service.

4. Read the fine print. Contest entry forms, coupons or other promotional materials might include an agreement to switch your phone service. Federal law requires that written agreements to change phone service must be separate documents and not part of a prize package. If the company offers a monetary check to get you to switch, the check must state clearly on the front and on the back, in the signature area, that you agree to change your service.

5. Check your phone bill carefully. If you notice a new company name, call the number and ask for an explanation.

6. Ask your local telephone company about to freeze or block your phone service to prevent it from being switched unless you confirm directly that you’ve agreed to a change.

IF YOU’VE BEEN SLAMMED
Start by calling the slamming company and tell it that you want service switched back. Next, call your regular company and tell it about the slam. Ask to be placed on your old calling plan and say that you want all charges from the slammer removed from your bill.

Under FCC rules, you don’t have to pay for the first 30 days of the slammer’s service. If you’ve already paid a slammer’s charges, the company must pay your authorized company 150 percent of the charges you paid the slamming company. Out of this amount, your authorized company will reimburse you 50 percent of the charges you paid the slamming company, the FCC says. Alternatively, you can ask your authorized company to recalculate and resend your bill using its rates instead of the slamming company’s rates.

Then, make sure you file a complaint the Bureau of Public Utilities (BPU): call (800) 624-0241 or visit http://nj.gov/bpu/assistance/complaints. New Jersey complaints that go to the FCC (888-CALL-FCC or http://www.fcc.gov/complaints) will be passed down to BPU.

And drop a note to Bamboozled, too.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

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Flood insurance confusion leaves family in trouble

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Bank of America and a customer don't see eye to eye on a flood insurance policy.

boozle-ForeclosureFlood 4 K.JPGKaren Winkey looks in at the caved-in foundation wall of her home's basement on Greenbrook Rd. that was severely damaged during hurricane Irene. Though Karen had flood insurance the policy was changed and now the company says it will not cover the damage. Green Brook.

Karen Winkey’s Green Brook house was in trouble long before Hurricane Irene.

In March 2010, a nor’easter blasted through the East Coast, leaving in its wake two New Jersey deaths, power outages and flooding. Severe flooding.

Right into Winkey’s three-bedroom Cape Cod home.

"I heard rumbling during the night up against the house. I thought the water carried something that hit the house," said Winkey, 51. "It wasn’t until the water receded in the morning that I saw the damage."

A wall collapsed, leaving two other walls structurally unsound. Seven feet of water was in the basement. Crews had to dig through the front yard to turn off the utilities to the house.

The home Winkey had owned since 2001 was now unsafe to live in, according to engineers, architects, the local building inspector and the fire department.

At least she had flood insurance, Winkey thought. The policy would pay to make the house right.

Not quite.

Winkey’s lender, Bank of America, had apparently let her flood insurance policy lapse, Winkey said.

"I keep waiting for the bank to come to me and say, ‘We’ve made a mistake. Let’s fix it.’ But they haven’t," Winkey said.

THE CONFUSION STARTS
In 2008, money was tight. Winkey was laid off from her job of 15 years, and she spent down savings, even cashing in her 401(k), to pay the bills.

For two years she looked for a job, but nothing came through as her nest egg dwindled.

She contacted her lender, Bank of America, to ask about a modification, but she wasn’t eligible because she was current on the mortgage.

"I had to be behind before they’d talk to me about modifying the loan," she said.

Eventually, Winkey started falling behind, only making partial payments, and she kept asking for a modification. Finally, in July 2009, Winkey entered into a trial modification that was supposed to last for three months. But because the bank was behind on modifications, Winkey said, she was told to continue making the modified payments and eventually it would be made permanent.

In the meantime, the modification documents said the bank would be responsible for making sure all taxes and insurance premiums were paid.

"Under the terms of the modification agreement, my client is supposed to make a lump sum payment, which includes payment associated with insurance, taxes and the mortgage itself," said Lawrence Friscia of Friscia & Associates in Newark, a firm that specializes in foreclosure cases. "That’s then sent to the bank and the bank in turn has to pay the relevant tax authorities, insurers and it pays itself."

But it seems that didn’t happen for Karen Winkey.

Winkey had a flood insurance policy through Selective Insurance, and it would be up for renewal in October 2009. Per the modification agreement, Winkey gave Bank of America the bill for the policy, which would cover the home through October 2010.

The bank told her it would pay, she said, but she kept getting premium notices from Selective, which she forwarded to the bank. In October 2009, she started receiving notifications from Bank of America, saying it would purchase a "lender-placed" flood policy if she didn’t provide proof of another policy.

Winkey said she spoke to the bank dozens of times, and the bank kept promising it would pay for the Selective policy. Winkey faxed and refaxed bills, she said. Her insurer even faxed copies of the bill to Bank of America, but the bank didn’t pay.

"To put it simply, the bank is a conduit. You pay them one lump sum and they have the authority and the responsibility to apply the payments appropriately," attorney Friscia said. "The insurance payment was one component of this and on that front, Bank of America clearly screwed up."

On Feb. 5, 2010, a Bank of America rep had news.

Winkey said the rep told her the Selective policy was paid for, and even confirmed the policy number over the phone.

Winkey thought she was covered.

CONFUSION, PART TWO
On March 15, 2010, after the flood collapsed the wall in her home, Winkey called Selective to file a claim.

There was no policy, Winkey said the insurance company told her, because of nonpayment by Bank of America.

Thinking it was a mistake, Winkey called the bank.

"The person said to me, ‘Oh my gosh. I’m probably going to get fired over this, but we dropped the ball,’ " Winkey said.

The bank paid for lender-placed coverage again, which cost $700 more than the Selective policy, and the benefits weren’t nearly as comprehensive.

The repairs, to bring the home up to code with the town, the state and the Department of Environmental Protection, would cost $86,420.

The Selective policy would have covered it all, Winkey said. But not the lender-placed policy. Even though all flood policies under the National Flood Insurance Program require "code replacement," the lender-placed policy would only pay out $60,000.

Furthermore, the insurance company sent a check for $36,801 to Bank of America — not Winkey — because the bank had put itself down as the policyholder.

That made a bad situation even worse. No repairs have been made, and the damage has gotten worse after being untouched for more than a year. And new repair estimates are even more costly.

And then, it happened again: flooding and the fumbling by the bank.

Bank of America didn’t pay the premium for Winkey’s Selective policy that would have covered the home through October 2011.

Once again, the bank seemed to ignore the many bills it was sent for the Selective policy and it purchased lender-placed coverage instead. And once again, Winkey — this time, with an attorney — contacted Bank of America over and over. And once again, they were incorrectly told that the payment had been sent to Selective. A Selective rep even got on the phone with the bank, and everything was seemingly fixed.

And then, Irene. Seven more feet of floodwater poured into the already broken home.

"The contractor put in a temporary wall where the wall caved in the first time, and the water pushed that temporary wall in again and it flooded again," Winkey said. "It’s just a mess."

This time, the home is beyond repair.

"(Contractors) said I can’t repair the home now," she said. "It’s so full of mold we have to knock it down. And that’s because they took so long to resolve it. Had they done it years ago …"

And the loan modification Winkey was waiting to be made permanent? In November 2010, it was denied. Why?

"A qualification for a HAMP (Home Affordable Modification Program) modification is the property in question needs to be your permanent residence," Friscia said. "Bank of America’s basis for denying the modification was that very condition — in this case homelessness — that they created by not appropriately dealing with the insurance issue."

Bamboozled readers might think Winkey should just walk away. The home, without the modification, is now in foreclosure. And the structural damage can’t be undone.

But Winkey doesn’t want to walk away from her obligations, or from her home.

"I wasn’t able to buy a home until I was almost 40 years old," she said. "I was extremely comfortable here. You put in your little touches. It’s not perfect but it worked for me. Your heart goes into it."

After the first flood, Winkey "temporarily" moved in with family members. She remains there today, nearly 18 months later. "My gosh, everyone else goes home every night and they sleep in their own bed. That’s all I want," Winkey said.

BANK OF AMERICA’S SIDE
Bank of America contends that Winkey was responsible for paying the flood insurance on her own, and it was not supposed to be paid through escrow, spokeswoman Jumana Bauwens said.

"That just doesn’t make any sense and they know it," Winkey’s attorney Friscia said.

Language in the modification document seems to support Winkey’s case: "I will pay the Servicer the amount set forth below, which includes payment for Escrow items, including real estate taxes, insurance premiums and other fees, if any..."

Had she been told to pay independently, she would have, Friscia said. "We want justice and justice isn’t always cheap," attorney Friscia said.

Winkey, still living with relatives, hopes she can keep and rebuild her home.

Bank of America has filed a foreclosure suit, and Winkey’s attorney filed a counterclaim.

We asked Bank of America about the foreclosure status, and if it would do anything to cut through the red tape and help this customer.

"Until we have an opportunity to research this case, we will not move forward with a foreclosure sale," Bauwens said. "If we have made a mistake on the flood insurance, we will contact Ms. Winkey and work with her directly to resolve this issue."

It also said it would investigate why an escrow account wasn’t established with the trial modification.

That’s a start. We’ll let you know what happens.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com

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Bus company stalls after bags are misplaced

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Luggage gets lost sometimes. Commonly — and hopefully within a few days — the airline or bus company tracks down your bags and delivers them to you. But sometimes, they vanish without a trace.

BOOZLE-GREYHOUND.JPGShirley Muldrow of Elizabeth at Penn Station in Newark. Shirley has been getting the runaround from Greyhound Buslines after they lost her luggage when she travelled to Virginia.

You pack your belongings, board a plane or a bus and hope your bags reach your destination.

But luggage gets lost sometimes. Commonly — and hopefully within a few days — the airline or bus company tracks down your bags and delivers them to you. But sometimes, they vanish without a trace.

That’s what happened to Shirley on a Greyhound bus trip from Newark to Virginia for her grandson’s first birthday.

Inconvenient, yes. But not the end of the world. Stuff happens.

Muldrow got over the lost bag pretty quickly. What she couldn’t get over was the red tape that entangled her as she tried to follow the company’s procedures to report the missing bag.

"I just want Greyhound to be held accountable for resolving this matter," Muldrow said.

THE RUNAROUND
On July 1, Muldrow boarded a Greyhound bus at Newark Penn Station. She checked two bags, but when she arrived in Norfolk, Va., only one could be found. Some clothing and shoes, makeup, a phone charger, a hair dryer, a curling iron and her diabetes medication were gone.

The Elizabeth resident said she was told to file a claim when she returned to Newark.

She purchased new clothing for her trip and for her grandson’s birthday party.

Back in Newark, she filed her lost bag claim on July 12.

"I was told after this that someone from headquarters in Dallas would contact me," she said. "I hadn’t heard anything."

She called Dallas on July 14 and was told her claim was in the system and Greyhound was still looking for the bag, she said.

She called the following week for an update, but this time a Mr. Gonzalez told her her claim was not in the system.

Confusion ensued.

She called Dallas again on July 19, and this time a rep named Mark told her the claim was "probably on the mail room floor."

Huh?

Muldrow was told to "give it some time," but she didn’t understand why her claim appeared to be as lost as her bag was, she said.

She called Newark, and a rep said there was no claim in the system but she’d receive a call from Dallas.

No call from Dallas.

She called Newark again and again was told Dallas would call.

No call from Dallas.

"The week of July 25, I called Dallas two times, Newark once, and still no claim form in the system," she said. "So far I’d spoken to Mr. Gonzalez, Guttierez, Mark, Arthur, Carlos and finally Carlos Garavito on Aug. 15 after I received the letter stating that they need my original baggage claim receipt in order to substantiate my claim."

That would be fine, Muldrow said, but when she filed her claim in Newark on July 12, the rep, Ms. Ceres, took the originals and said she was sending them to Dallas with the claim form.

Muldrow only had copies of the documentation.

On Aug. 16., she said, she faxed all the paperwork to Dallas three times to make sure it was received. She also made another trip to Newark.

"Ms. Ceres, she assured me she sent everything ‘on the bus to Dallas,’ " she said. "I’m thinking it would be faxed or mailed. But sent on a bus?"

Still, no one from either city, at that time, was able to track down the claim, or the lost bag.

"I’ve had my luggage lost on the airlines twice before, but they always bring it to my home or wherever I am staying," she said. "This has been a nightmare. I will never travel via bus again."

GETTING ANSWERS
Bamboozled reached out to Greyhound for some answers.

Company spokeswoman Bonnie Bastian explained that Greyhound has 90 days after a claim is filed to locate lost bags. If a bag isn’t found, a customer is eligible for monetary damages, limited to $250 per bag — assuming the bag wasn’t insured for "excess value charges."

Muldrow wouldn’t be eligible for reimbursement until Oct. 10, the end of the 90-day window, Bastian said.

Muldrow wasn’t in a rush, but she wanted to know the claim was in the system.

"I talked to one of our customer service managers and her claim has been in the system (since Aug. 8), so we’re not real sure why someone would have said it’s not in the system," Bastian said.

She promised the company would look into it.

Later that day, Muldrow received a call from a Greyhound rep who apologized for the runaround. The rep said someone was assigned to the case and Muldrow should get an answer in two weeks — by Aug. 31.

Then on Aug. 26, Muldrow received a check from Greyhound.

"I can’t believe I received a check for $250," Muldrow said. "Can you believe how swiftly they moved after your phone call? I was determined not to give up and go away quietly."

Bamboozled is grateful Greyhound helped this customer so fast, but what happened to the 90 days it has to find lost bags?

Guess that timetable is somewhat flexible when the media calls.

AN OVERDUE THANK YOU
Verizon takes it on the chin quite often, including in this column.

Shortly after the Bamboozled column was launched in 2009, we helped several readers who had trouble with wrong Caller IDs on home and office phones. That’s when we first met Tom Maguire, senior vice president for national operations for Verizon.

Maguire fixed the Caller ID troubles, and he asked Bamboozled to forward him any customer complaints — whether we were going to write about them or not.

Since then, Maguire and his team have helped resolve dozens of issues for Verizon customers — knowing there would be no good publicity to go with every good deed.

It happened again on Sept. 9. Reader Lois Wallace e-mailed Bamboozled, saying her disabled adult son, who lives alone and who cannot move without assistance, lost phone service in the early morning hours of Sept. 6. It was dangerous for him to be without a telephone line for emergencies, she said.

Wallace said she called Verizon, explained the situation and was told a repair person would be there on Sept. 8.

"Yes, that would mean he would be out of phone contact for over two days," Wallace wrote in an e-mail. "He recognized the difficult current circumstances (related to damage from Hurricane Irene) and said okay."

Sept. 8 came, but the tech was unable to fix the problem immediately. Someone was supposed to return, but no one did.

Friday morning, Wallace called Verizon again. While on hold and very, very frustrated, she e-mailed Bamboozled about her son’s plight.

At 11:18, Bamboozled forwarded Wallace’s e-mail to Maguire, explaining we weren’t planning to write about the problem but it seemed like the guy needed help.

At 11:22, Maguire e-mailed colleagues, asking for the team to get on it.

At 1:37, Wallace reported her son’s phone was working again.

A fix, about two hours after the problem, was reported to Maguire. And no, Bamboozled wasn’t going to write this, but it’s about time we thank Maguire and the team at Verizon for stepping up again.

It’s one thing when a company does the right thing when it knows there will be a story about its actions in the newspaper. But doing the right thing when there’s no expectation of good publicity? And doing it again and again?

We wish Bamboozled had more people like Maguire in our Rolodex.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com

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South Brunswick car dealer took Edison man for a ride

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All he wanted was a GPS system; all he got from Brad Benson Hyundai was the runaround

gps-bamboozled.jpgRajeev Borborah of Edison said he was assured a navigation suystem would be in stalled in his new Hyundai,but instead got broken promises and excuses. The dealer Brad Benson Hyundai of South Brunswick, now says it has a solution, and Borborah is hoping he will finally get his GPS.

When you shop for a new car, you probably have a wish list. Maybe you want heated seats. Or a high-end stereo. Or a cherry red color.

The only feature Rajeev Borborah wanted was a navigation system.

“My old car was broken into and I had a separate plug-in GPS, which was stolen,” said Borborah, 37, of Edison. “The only thing on my wish list was a car with the GPS built in.”

That’s what he told the sales staff at Brad Benson Hyundai in South Brunswick, he said.

Instead of a navigation system, he got broken promises, excuses and a good old runaround.

THE PROMISE

Sept. 10 was car-shopping day. Borborah went to Brad Benson Hyundai, interested in a 2012 Sonata with a factory-installed navigation system.

“They did not have a car with navigation and I was ready to walk out, but the sales manager convinced me to buy the car and told me they would install (the navigation system) in any car I bought,” Borborah said.

He signed the contract for $23,500, which included a “We Owe” page that detailed services that were outstanding, including the navigation system, which would be installed within five days.

In the days that followed, Borborah said, he’d call the dealership every other day to see when he could bring the car in to get the navigation system installed, but he said he kept getting put off.

Finally, 10 days later, on Sept. 20, Borborah said the dealership called with unsettling news. The installation of the navigation system would cause the car’s Blue Link system — a telematics system that offers features such as emergency alerts, maintenance reminders and more — to stop functioning. The two systems wouldn’t work together.

“This was not acceptable as this was not disclosed during the buying process,” Borborah said.

He said he spent the next day trying to reach his sales rep and the sales manager, but they were not available. Looking for relief, he next called Hyundai’s corporate office, which promised someone would research the case and call him back. On Sept. 23, corporate called, saying Borborah would have to work it out with the dealership. In the meantime, he finally reached the dealership, and it made a different kind of offer. “They are offering to refund the cost of the navigation or to install leather seats or a moon roof,” he said. “Those things don’t help me navigate. If a moon roof will help me navigate, I’d like them to show me how.” Borborah wasn’t interested in a refund, either. He wanted what he was promised — a car with built-in navigation.

Finally, the sales manager offered to provide a replacement car that had a navigation system — which is all Borborah wanted. But then the manager asked if Borborah would be willing to pay more money.

Absolutely not, he said.

On Tuesday, he received a call from the dealership, saying it had located a car with navigation and Borborah should come to the dealership to pick it up.

Relieved, Borborah made the trip. He saw the car and took it for a test drive. He liked it. But he didn’t like the big surprise that came next.

“After spending two hours there, the sales manager asks for $5,000 more plus taxes and registration for the other car,” Borborah said. “Why am being asked to pay more? They do not accept that it is their mistake and that they sold me a bad deal. They only laughed.”

Unsatisfied, Borborah left, navigating his way home without any electronic assistance.

He called Hyundai corporate again. The company has “expectations” for dealerships but no enforcement or ability to resolve customer issues, he said he was told. “I feel cheated,” he said.

DELIVERING ON THE PROMISE?

Bamboozled reviewed the contract. We then reached out to Brad Benson Hyundai. The sales manager said the dealership is trying to resolve the problem and satisfy the customer.

How?

We were put on hold. “We’re getting him another navigation,” the manager said when he came back on the line.

But if one navigation system would interfere with Blue Link, how could a different one be problem-free? He said he’d have someone from upper management call us back. Instead, in about two hours time, someone from Brad Benson called Borborah.

“They said they would put in a different navigation system and it would work,” Borborah said, noting that exactly how it would work wasn’t explained to him, either.

An hour after that, a Brad Benson rep called Borborah to make an appointment for the installation. It would take a few weeks to get the part, Borborah said he was told, so they made an appointment for an Oct. 20 installation.

A couple of weeks to get the part? That made Bamboozled wonder. If the dealership had truly been working on this and trying to get a compatible navigation system before we called, would it really take a couple of weeks — beyond the three weeks had already passed — to get the part? Seems unlikely.

Still, we wanted to know why this different navigation system wouldn’t be problematic with Blue Link. Two messages left for the sales manager were not returned. But then Borborah called. He said two different sales reps from Brad Benson Hyundai called, asking him to tell Bamboozled to stop calling.

Message received. But really? They couldn’t just call and say, “No comment,” or the like?

Borborah hopes the systems will work together as promised. “I’m not asking for anything special,” Borborah said. “Only what was written down in the contract.” He said he’ll let us know how the installation goes, and we’ll keep you posted.


Edison man: car dealer didn't deliver on promise

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An Edison man feels a car dealer won't deliver what it promised.

3 boozle-GPS FARRELL.JPGRajeev Borborah of Edison was promised a GPS with his new Hyundai, but the dealership is balking. The dealer, Brad Benson, didn't have one in stock, but it promised to install a GPS in whatever car Borborah picked. Later the dealer told Borborah it couldn't install the GPS because it would interfere with the other electrical systems. Borborah wants the dealer to do the right thing and honor the contract with a car that has GPS already installed, but the dealer refuses.

When you shop for a new car, you probably have a wish list. Maybe you want heated seats. Or a high-end stereo. Or a cherry red color.

The only feature Rajeev Borborah wanted was a navigation system.

"My old car was broken into and I had a separate plug-in GPS, which was stolen," said Borborah, 37, of Edison. "The only thing on my wish list was a car with the GPS built in."

That’s what he told the sales staff at Brad Benson Hyundai in South Brunswick, he said.

Instead of a navigation system, he got broken promises, excuses and a good old runaround.

THE PROMISE
Sept. 10 was car-shopping day. Borborah went to Brad Benson Hyundai, interested in a 2012 Sonata with a factory-installed navigation system.

"They did not have a car with navigation and I was ready to walk out, but the sales manager convinced me to buy the car and told me they would install (the navigation system) in any car I bought," Borborah said.

He signed the contract for $23,500, which included a "We Owe" page that detailed services that were outstanding, including the navigation system, which would be installed within five days.

In the days that followed, Borborah said, he’d call the dealership every other day to see when he could bring the car in to get the navigation system installed, but he said he kept getting put off.

Finally, 10 days later, on Sept. 20, Borborah said the dealership called with unsettling news. The installation of the navigation system would cause the car’s Blue Link system — a telematics system that offers features such as emergency alerts, maintenance reminders and more — to stop functioning. The two systems wouldn’t work together.

"This was not acceptable as this was not disclosed during the buying process," Borborah said.

He said he spent the next day trying to reach his sales rep and the sales manager, but they were not available.

Looking for relief, he next called Hyundai’s corporate office, which promised someone would research the case and call him back. On Sept. 23, corporate called, saying Borborah would have to work it out with the dealership.

In the meantime, he finally reached the dealership, and it made a different kind of offer.

"They are offering to refund the cost of the navigation or to install leather seats or a moon roof," he said. "Those things don’t help me navigate. If a moon roof will help me navigate, I’d like them to show me how."

Borborah wasn’t interested in a refund, either. He wanted what he was promised — a car with built-in navigation.

Finally, the sales manager offered to provide a replacement car that had a navigation system — which is all Borborah wanted. But then the manager asked if Borborah would be willing to pay more money.

Absolutely not, he said.

On Tuesday, he received a call from the dealership, saying it had located a car with navigation and Borborah should come to the dealership to pick it up.

Relieved, Borborah made the trip. He saw the car and took it for a test drive. He liked it. But he didn’t like the big surprise that came next.

"After spending two hours there, the sales manager asks for $5,000 more plus taxes and registration for the other car," Borborah said. "Why am being asked to pay more? They do not accept that it is their mistake and that they sold me a bad deal. They only laughed."

Unsatisfied, Borborah left, navigating his way home without any electronic assistance.

He called Hyundai corporate again. The company has "expectations" for dealerships but no enforcement or ability to resolve customer issues, he said he was told.

"I feel cheated," he said.

DELIVERING ON THE PROMISE?
Bamboozled reviewed the contract. We then reached out to Brad Benson Hyundai.

The sales manager said the dealership is trying to resolve the problem and satisfy the customer.

How?

We were put on hold.

"We’re getting him another navigation," the manager said when he came back on the line.

But if one navigation system would interfere with Blue Link, how could a different one be problem-free?

He said he’d have someone from upper management call us back.

Instead, in about two hours time, someone from Brad Benson called Borborah.

"They said they would put in a different navigation system and it would work," Borborah said, noting that exactly how it would work wasn’t explained to him, either.

An hour after that, a Brad Benson rep called Borborah to make an appointment for the installation. It would take a few weeks to get the part, Borborah said he was told, so they made an appointment for an Oct. 20 installation.

A couple of weeks to get the part? That made Bamboozled wonder. If the dealership had truly been working on this and trying to get a compatible navigation system before we called, would it really take a couple of weeks — beyond the three weeks had already passed — to get the part?

Seems unlikely.

Still, we wanted to know why this different navigation system wouldn’t be problematic with Blue Link.

Two messages left for the sales manager were not returned.

But then Borborah called. He said two different sales reps from Brad Benson Hyundai called, asking him to tell Bamboozled to stop calling.

Message received. But really? They couldn’t just call and say, "No comment," or the like?

Borborah hopes the systems will work together as promised.

"I’m not asking for anything special," Borborah said. "Only what was written down in the contract."

He said he’ll let us know how the installation goes, and we’ll keep you posted.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.


Deal for a car stalled and so did refund

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A family was down one car plus their $500 deposit, which they said made it hard to shop for a different car with a different dealer.

$$ boozle-fullerton Sapone.JPGEmily Light and her husband Ken Light with their new car, a 2010 Toyota Corolla at their home in Hillsborough.

Hurricane Irene tossed trees onto cars, swept cars away in floodwaters and otherwise damaged all kinds of vehicles up and down the East Coast.

Including a 2004 Jetta owned by Ken and Emily Light. The car took on water and wouldn’t start after the storm.

"Water got in and destroyed the wiring," said Ken Light, 32. "The extent wasn’t diagnosed, but we pretty much gave up after it was more than $1,200 just to take the first step toward repair."

The Hillsborough newlyweds, who have only been married for four months, hadn’t budgeted for that kind of repair bill, or the additional repairs that would probably be needed. Still, they needed something to drive and they needed it fast.

Given the repair cost, they figured a low-priced new car was a better long-term bet. The couple visited Fullerton Ford in Somerville, hoping they could strike a deal.

They were wrong.

Ken Light said they were very explicit about their needs when they first talked to the salesman.

"We immediately made (the salesman) aware of our situation: both of us working, very far from each other and on very different schedules so that carpooling is impossible, and only one car because of our flood loss," Ken Light said.

The salesman said he did some looking around, Light said, finding a base model Ford Fiesta at another dealership, violet grey in color, that fit the couple’s budget. The salesman, having been told several times by the couple about the need for a fast delivery, promised the car in three days, the Lights said.

With a fast delivery and the right price, the Lights left a $500 deposit for the car and signed the contract on Sept. 5.

The car would be ready on Thursday, Sept. 8.

But it wasn’t.

The three days passed and the Lights hadn’t heard from the dealer, so they finally called the salesman on Sept. 9.

"He informed me that he was not able to get the car. He said he would call the next day with more information," Ken Light said. "The next day he told us it would be at least the first week of October before we could get ‘a’ car, not even the same car."

The car that would be delivered in October would be a different color — not what was specified in the contract.

In the meantime, the Lights were down one car plus their $500 deposit, which Ken Light said made it hard to shop for a different car with a different dealer.

Unable to wait until October, the Lights visited Fullerton on Saturday, Sept. 10 to see what was going on.

Light said the salesman, in a conversation about why the car couldn’t be delivered on time, shared an interesting bit of information. "He admitted that he did not call the other dealership to make sure he could get the car before writing up our agreement," Light said. At that point, the couple said they weren’t feeling very confident in the salesman. They asked for their deposit back.

"They took my wife’s credit card, went into the back with it, and came back saying the refund was made but it won’t be official until (Sept. 12)," Light said. "We told the salesperson we wanted that in writing and signed."

The Lights requested a notarized promise, but the salesman said no.

Instead, the salesman gave the Lights his business card. Scrawled on the back, the salesman wrote: "Fullerton Ford is going to refund Emily Light $500 deposit for Ford Fiesta." And he signed the note.

The same day, the Lights bought a 2010 Toyota Corolla.

And on Monday, Sept. 12, Emily Light checked her credit card statement to make sure the refund had posted. It hadn’t.

She checked again on the 13th. And the 14th. No refund was made.

GETTING A REFUND
Bamboozled called Fullerton Ford on Sept. 15 to ask about the hold-up.

Fullerton Auto Group’s general sales manager, Dean Tuccillo, said he hears about refund delays quite often, but he said it’s not the dealership’s fault.

"When you do a refund on a credit card, there are some credit card companies that take up to 30 days to show the refund," he said.

We thought that sounded odd. A refund will often show immediately, even if it’s just shown as "processing" when the account holder checks a statement online or calls the 800-number — something Emily Light had been doing daily

Tuccillo said most people don’t seem to check that way; they wait for a new monthly credit card statement to arrive.

He said because of refund delay complaints, he started a new policy in which the dealership mails refund receipts to a customer once a refund is made so the customer knows the dealership did its job.

But Emily Light hadn’t received a receipt, we explained.

Tuccillo put us on hold to investigate. He returned to the phone a few minutes later.

"I have to be honest, I’m confused now. I have Emily’s paperwork here and there’s a little note from (the salesperson) to hold the refund," Tuccillo said.

Perhaps the salesman was looking for another car for her, he suggested.

Nope. We explained the deal was dead, and according to the couple, the salesman knew it, and that the customer has already purchased another car.

"It’s not done," he said of the refund. "The refund will be issued today, and I will send them a copy of the receipt. You have my word it will be done today. It would have been done Saturday if I had been here."

He asked Bamboozled to give the Lights his apologies.

We did. And the next day, the refund appeared on Emily Light’s credit card statement, and the receipt was received in the mail a few days later.

The Lights, who donated their damaged Jetta to Kars for Kids, say they’re happy to have the refund, but the whole deal left them feeling bitter about Fullerton.

"I’m a person who does not like to be taken advantage of, and even more does not like to see people taken advantage of," Ken Light said.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

Frustration over missing wedding photos from newlyweds in Linden

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Newlyweds never imagined the "for worse" or the "for poorer" parts would come so soon, all because their wedding photos and video were not delivered by the company they hired to document the day — ThinkMedia of Orange.

boozle.jpgApril and Tennyson Whitted married in July 2010, and they're still waiting to receive the wedding photography they paid for. After receiving a $3,700 payment for wedding photos and video, photographer Jesse Cerami failed to deliver photos or video to the newlywed couple.

April Rivera and Tennyson Whitted married on July 11, 2010, surrounded by family and friends when they took their vows.

"For better or for worse, for richer or for poorer …"

But the Linden couple never imagined the "for worse" or the "for poorer" parts would come so soon, all because their wedding photos and video were not delivered by the company they hired to document the day — ThinkMedia of Orange.

"Communication went from okay to bad to now non-existent," said April Rivera-Whitted, 28.

The couple remains empty-handed, 15 months later. Here’s what happened.

LACK OF COMMUNICATION

Tennyson Whitted, 30, knew Jesse Cerami from high school, and a mutual friend mentioned that Cerami was now in the photography business.

The Whitteds called Cerami and had a sit-down about their wedding.

On March 22, 2010, the Whitteds gave a $1,000 cash deposit to Cerami, and they signed a contract for photography and video services.

On May 24, 2010, the couple gave Cerami a check for $1,750, and they paid the $975 balance in cash on the day of the wedding.

The wedding came and went, and before the end of July the couple received their photo proofs on CD as promised.

The couple admits they took a long time choosing which photos they wanted for their package.

In December 2010, the Whitteds said they gave Cerami a detailed list of the photos they wanted, the layout they wanted for the albums, and more.

"He told us when we gave him the list that printers were closed for Christmas and New Year’s, so we weren’t expecting to have anything before February 2011," said Rivera-Whitted.

Months passed and they heard nothing. The couple said Cerami wasn’t returning texts, e-mails or phone calls, so in April, they visited the office.

Rivera-Whitted said Cerami came to the door and "acted as if he was so surprised that we hadn’t yet received everything."

She said Cerami told them he had given the Whitteds’ information to a "business partner" who was supposed to follow up on the order, and Cerami said he’d look into it.

On May 18, Tennyson Whitted e-mailed Cerami: "If u don’t have our wedding package just be honest and tell us u don’t have it … It’s been almost a year that we’ve been married, and it hurts that we can’t sit down and look at our wedding albums or wedding video. How would u feel if u were in our shoes?"

No response.

The couple continued to contact the "business partner," who they said they learned was not connected to the business, but was simply helping Cerami as a friend. The couple met the "partner" in late May to review their order. They said some corrections were needed, so the "business partner" arranged an in-person meeting between the couple and Cerami on June 10, 2011.

The details were discussed at that meeting, Rivera-Whitted said, and the couple followed up with an e-mail the next day. The following week Cerami e-mailed, asking for approval to the changes discussed in the meeting. The couple approved via e-mail.

A few weeks passed and the couple said Cerami didn’t respond to any further texts, e-mails or calls.

Finally, on Aug. 25, 2011, they received an e-mail from ThinkMedia, asking for their shipping address so their "items" could be sent.

They sent a response e-mail on Aug. 31, asking for specifics on what the "items" were and requesting to meet Cerami in the office so they could review the "items" before accepting them.

"We never received an e-mail response or phone call," Rivera-Whitted said. "Tennyson reached out to Jesse via text in the beginning of September 2011, addressing our concern of Jesse taking our money for services and items it doesn’t seem like he will produce. He responded via text the same day saying he would address those comments later. Again, we didn’t hear back from him."

On Sept. 21, Tennyson Whitted called Cerami’s cell. The number was disconnected.

"We are now in a position of basically having no way to contact Jesse," Rivera-Whitted said.

The couple reached out to Bamboozled.

REASONS, OR EXCUSES?

The Better Business Bureau (BBB) gives ThinkMedia an "F" because the company did not respond to the one complaint filed against it in the past 12 months. The Whitteds also complained to the BBB, Rivera-Whitted said, and Cerami did not respond to the BBB’s first inquiry. He has until tomorrow to respond to the second inquiry, she said.

There’s also one complaint against the company with the Division of Consumer Affairs, but not from this couple.

After reviewing the contract and e-mail messages between the two parties, Bamboozled reached out to Cerami via e-mail. He responded with his new cell phone number.

"There’s a big miscommunication," Cerami said. "After we did the wedding, the agreement was everything would be done by Christmas."

But he said the couple delayed making photo choices for months — something the couple admits. Then, he said, on Sept. 29, 2010, he was in a serious accident, and he said he explained to the couple that he’d be unavailable for several months after the holidays because he’d need some medical procedures.

The couple agrees they knew Cerami had an accident, but they said they were never told it would mean delays.

"We’re not saying we don’t care. The accident was serious," said Rivera-Whitted. "But he never once said to us there would be a gap of time."

Cerami admitted he’d been out of touch for several months. We asked why the couple had such trouble reaching him, and why he didn’t contact these customers with his new cell phone number.

"I’m not in hiding like I’m bin Laden or something. Over wedding pictures? Please," he said.

Cerami said the couple would have received their items long ago had they provided their mailing address. He said because he’d been out of the office with his medical issues, he thought it made more sense for the items to be sent directly to the couple. He would have fixed additional errors if they found any, he said.

The Whitteds said they never gave the shipping address because, given past errors, they didn’t want to take a chance. They wanted to check the order in person with Cerami.

"What if there are things we don’t approve and then we lose contact with him?" Rivera-Whitted said.

Finally, Cerami said that April Rivera-Whitted was the only one with complaints, and her husband was fine with everything to date.

Bamboozled had never spoken directly to Tennyson Whitted, so we made a call to be sure.

"Oh, yes," he said. "I might be more on board than April with these complaints."

We asked Cerami if he had the items and if he was willing to meet the couple.

He said yes, and the two parties set up an Oct. 19 meeting date.

We’ll let you know what happens.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

Bamboozled: Brother spends home equity loan on Internet scams and bank threatens to foreclose

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After a series of hard-to-believe events and through no fault of her own, Effie Marie Bradley’s home is in foreclosure. She’s been unsuccessful in getting the lender — PNC Bank — to help.

b24boozle1.JPGEffie Bradley with a copy of a bounced $97,000 check made out by her brother, who has been deceased for 2 years, to PNC Bank against a credit line on the house they co-owned at the time and Effie now lives in. Though she is willing to make payments on the outstanding loan the bank has chosen to foreclose on the property.

After a series of hard-to-believe events and through no fault of her own, Effie Marie Bradley’s home is in foreclosure. She’s been unsuccessful in getting the lender — PNC Bank — to help.

"After over four years of agony, terror, frustration, harassment and anger, I have nothing to lose," she said.

Except for her home, of course.

THE GENESIS
Bradley and her brother James Mango inherited their father’s Dover home in 2000. The siblings both lived there, and in 2003, the deed was amended to show both of their names as owners. The home, which their dad bought without a mortgage for about $70,000 cash in 1978, is now worth about $450,000.

In July 2006, Bradley said, she finally gave in to her brother, who for a year had asked her to co-sign a home equity line of credit. Though she knew it was risky, Bradley co-signed a $120,000 credit line.

A year later, Mango made a confession.

"He came to me and confessed that he had gotten taken in by countless online scammers: the Nigerian scam, the Spanish lotto, the Euro lotto and the Canadian lotto, to name but a few," Bradley said.

For almost a year, her brother explained, the bank warned him not to send money to these scammers, but he continued to do so.

Mango came clean because the bank threatened to foreclose, and the loan now had a balance of $217,000.

Together, they visited the bank, and she said and the manager explained that Mango had been wiring out funds steadily, exhausting the credit line. It got worse on May 1, 2007, when Mango deposited what was later revealed to be a fraudulent check from one of the online scams for $96,610.65. PNC cleared the check that same day, making the funds available almost immediately. Mango jumped on it, writing a check for $97,000 as a payment on the credit line. It bounced. Bradley learned the deposit check was from a fake institution — one of the many scams Mango fell for. Even though the check was written from one PNC account to another — and PNC never actually lost the $97,000 — it added it to Mango’s home equity line balance.

Ergo the new $217,000 balance.

"There’s something wrong with a check that huge being cleared and posted on the same day as it was deposited. I ran my own business for 15 years and even $250 or $300 checks weren’t cleared for a couple, maybe three days," Bradley said.

She hired an attorney, and in September 2007, she received a letter from a PNC attorney that said she was not responsible for the check scam part of the loan. The letter said, "We are obviously not suing your client … because she did not sign the note."

But there were still foreclosure notices.

In February 2008, Mango passed away. Bradley said she immediately contacted PNC to see if his loan could be forgiven.

"Although (the rep from the corporate office) claimed he looked up the loan and found I had not signed anywhere on it, he then threatened to have my house taken away if I didn’t immediately make a $5,000 payment," Bradley said.

Confusion ensued. Bradley, left with no assets from her brother except for the home, knew she signed something. She had a copy of the mortgage document bearing her signature.

She started receiving bills that asked for specific payment amounts, but none of the statements showed the total amount due. The requested payments were the same as when the loan balance was $217,000, even though the $97,000 addition was supposed to be gone. Years of contact with PNC yielded no clarity, Bradley said.

Bradley appeared in Superior Court, representing herself, for a status conference on the foreclosure in the beginning of 2011.

She learned she was back to a $120,000 balance.

The judge granted a forbearance so Bradley could modify the loan, and she applied for the modification in March 2011. Bradley’s payment would have gone down from $1,318 to $695 per month.

PNC denied the modification, saying she didn’t qualify because she was not a co-signer on the first mortgage on the home.

But there never was a first mortgage, Bradley said. Her father purchased the house for cash in 1978, and Bradley has the paperwork to prove it.

"When I finally got an attorney to force PNC to admit that there was no first mortgage on this house, they then denied the loan modification, claiming that this was a home equity loan not a mortgage and therefore could not be modified," Bradley said.

Something was fishy. Home equity lines of credit can absolutely be modified, and the word "mortgage" is all over Bradley’s paperwork.

Bradley tried again, but again, the modification was denied.

On the September bill, PNC listed $69,890.51 as the loan balance — without explanation. Bradley hasn’t been able to get answers about that either.

"What’s wrong with this picture?" Bradley said.

ASKING FOR CLARITY
After reviewing loan documentation, attorney’s letters and other paperwork associated with Bradley’s case, Bamboozled asked PNC to explain.

The spokesman said PNC does not comment on customer accounts.

We asked the bank to investigate. Specifically, we asked how the bank could say Bradley didn’t sign, and how could it say a home equity line of credit was not eligible for a modification.

The next day, Bradley received a call from the bank, but again, no clear answers.

"All (the rep) kept saying was the reason I was unable to get a loan modification is that I never signed the loan so I’m not authorized to get a loan modification," Bradley said of her conversation with the PNC rep. "(The rep) said the only person that signed for this loan was my late brother James Mango and that is bull."

Bradley said the rep promised to research the case further and call Bradley back.

She’s still waiting.

THE SOLUTION?
Mortgage terminology has led to part of the confusion in this case.

When a homeowner borrows money on a home, there are documents to sign.

There’s the mortgage, in which the signers pledge ownership in the property, which is then used as collateral for the note. The note details the terms of the loan. The mortgage says if the note is not paid, the lender could foreclose on the property.

We know Bradley signed the mortgage — Bamboozled saw the document — but we don’t know if she signed the note. Neither does she, and PNC hasn’t furnished her with a copy. Still, PNC says because Bradley didn’t sign the note, she doesn’t qualify for a modification.

Even if she didn’t sign, the law is on Bradley’s side, experts said.

"It’s bogus," said Diane Thompson, an attorney with the National Consumer Law Center.

"It’s a common reason for the bank to give a denial."

Thompson said PNC should allow Bradley to assume the note under a federal law passed in 1982.

"She’s allowed to assume the note under the federal Garn–St. Germain Depository Institutions Act because she’s inheriting the property from a family member," Thompson said.

Additionally, Thompson said under new guidance for the Home Affordable Modification Program, the bank needs to tell Bradley what she needs to do to assume the loan.

Once the loan is assumed — and the new note is signed — she would be eligible for a modification, Thompson said.

Even without the assumption of the loan, the bank can modify the loan, said West Orange-based consumer law attorney Madeline Houston.

"They are jerking her around," Houston said. "The bank can do whatever they want. They can modify it or they can give her a new loan."

Ronald LeVine, a Hackensack-based attorney who chairs the New Jersey State Bar Association’s consumer protection committee, agrees.

"There is no reason, even if the owner only signed the mortgage and not the mortgage note, that the loan couldn’t be modified," LeVine said. "I would assume that the lender is just looking for an excuse to not approve a modification, particularly where they perceive equity in the property."

And there is equity. The home is valued at more than $450,000, while the outstanding loan is only $120,000.

Readers, make your own conclusions.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

A terrifying Halloween tale of zombie debt

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Bamboozled brings you a tale of "zombie debt."

1 boozle-WrongfulCollection.JPGPaul McGreevy of Andover, seen here with his wife Susan and one of his daughters, Nicole, canceled phone service with CenturyLink, but he continued to get bills. The company promised to take care of the errors. A year later, he tried to refinance his mortgage and learned about a judgment against him from CenturyLink.

It’s Halloween, so to commemorate the day, Bamboozled brings you a tale of "zombie debt."

Just like the creatures "zombie debt" is named after, it’s hard to kill and despite every reasonable or supernatural effort, it can haunt you for years, and years, and years.

But of course, those who ignore their debts — zombie or otherwise — will have a very hard time getting new credit. Paul and Susan McGreevy of Andover Township learned that the hard way when they tried to refinance their mortgage in August. There was apparently a big black mark on their credit reports: a judgment against them for an unpaid debt — a debt about which they said they never received notification.

"I am a person who takes his debts very seriously. I pride myself on paying my debts on time, always," Paul McGreevy said. "I have paid off auto loans, personal loans, home equity loans and credit cards, all without issue, so this was extremely upsetting to me."

He said his credit score fell from 785 to 661.

Here’s what happened.

THE BACKGROUND
In August 2010, the McGreevys bundled their phone, cable and internet access with their cable provider, Service Electric, after they received a promotional offer that would cut their home communications bill in half.

"When my new bundled account was activated on Aug. 19, I placed a call to CenturyLink, my then-phone and internet access provider, to cancel my account with them," Paul McGreevy said.

He said the CenturyLink customer service rep who took the call said the account was cancelled effective immediately, and the McGreevys would receive a pro-rated bill for a partial month of service.

In September, Paul McGreevy said he received the pro-rated bill, and he paid it.

But the next month, he received yet another bill for a full month of phone service, he said.

"Believing this to be a clerical error, I called them to confirm that my account was terminated and that this bill was generated in error," he said.

The customer service confirmed that yes, it was an error.

McGreevy thought it was done.

But no.

"Thirty days later — you guessed it — another bill arrives showing current charges for a month of phone service as well as the ‘overdue balance’ from the previous bill," he said.

McGreevy called CenturyLink again, this time speaking to an account executive.

During the call, Mcgreevy said he noticed the current bill and the September bill both had account numbers that were different from the account number he had when the service was active.

"I brought this to the account executive’s attention, who agreed that it was odd, and that somehow a new account was generated, in error, instead of cancelling my old account," McGreevy said.

Interestingly, the new bills were for phone service only, instead of phone and internet per his original account.

They determined the phone account wasn’t cancelled when the internet account was. McGreevy said the account executive saw the error, acknowledged it and said it would be taken care of.

McGreevy never heard another word or received another bill, so he thought the issue was resolved.

THE DISCOVERY
Fast forward to August 2011.

The McGreevys decided to take advantage of low mortgage interest rates and they looked into refinancing the mortgage on their home.

The loan officer had bad news. The couple wouldn’t qualify for the best possible rate because McGreevy’s credit report showed in February 2011, there was a judgment against Paul McGreevy for $241. From CenturyLink.

He said he was livid, but kept his cool when he contacted CenturyLink the next day.

Rather than talk to a customer service rep, McGreevy said he asked for a manager. The manager was unavailable.

McGreevy said he called two more times, but the manager was never available nor did the manager return McGreevy’s messages.

"The unfortunate end result is that I am unable to take advantage of historically low interest rates that would allow me to save hundreds of dollars a month on my mortgage, at a time when we are counting every penny just to get by," he said.

He asked Bamboozled for help.

THE FIX
We called CenturyLink, asking for assistance for this former customer.

The company spokesman said he couldn’t comment on specific customer issues, but he’d make sure someone reached out to the McGreevys.

And the McGreevy’s phone rang later that day.

McGreevy said the company rep was very cooperative and apologetic. She saw the error immediately, explained how it happened and promised McGreevy the collection agency has been contacted to nullify the judgment.

"Poof, just like that, all charges dropped," McGreevy said.

So what went wrong?

McGreevy said the rep explained that when McGreevy called to cancel service, his account was tagged until CenturyLink would hear from the new carrier that the new service is operational before CenturyLink would cancel the old service. That was the only way McGreevy’s original phone number could be retained, he was told.

When the new carrier contacted CenturyLink, CenturyLink only had records that McGreevy was changing service for one phone number — his main home number. But he also had a fax number on the same CenturyLink account, so the system generated a new account to carry the fax line — even though he said he told the company he was cancelling all services.

The rep said this was coupled with the fact that CenturyLink was beginning a new billing system at the same time, causing the confusion.

The rep promised to take care of the credit issue, saying it could take several weeks for that to be cleared.

"I’ve heard some real horror stories about how nearly impossible it is to have anything erased from your credit report," he said.

Not impossible, as long as CenturyLink keeps its pledge to follow through on the credit fixes.

Many thanks to CenturyLink for a fast response, and we hope it tracks down the manager who didn’t return McGreevy’s telephone messages for a little retraining.

"I can’t wait to refi my mortgage," McGreevy said, promising to keep up posted on his credit.

Either way, we’ll let you know how it goes.

Have you been Bamboozled? Contact Karin Price Mueller at bamboozled@starledger.com.

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