• Welcome to the FREE TUGBBS forums! The absolute best place for owners to get help and advice about their timeshares for more than 32 years!

    Join Tens of Thousands of other owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 32 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 32nd anniversary: Happy 32nd Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    All subscribers auto-entered to win all free TUG membership giveaways!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $24,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $24 Million dollars
  • Wish you could meet up with other TUG members? Well look no further as this annual event has been going on for years in Orlando! How to Attend the TUG January Get-Together!
  • Now through the end of the year you can join or renew your TUG membership at the lowest price ever offered! Learn More!
  • Sign up to get the TUG Newsletter for free!

    Tens of thousands of subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!

renting DVC points ressie gone wrong

Throughout this thread I've never seen mention of the amount of money involved. Do you mind sharing that?
Have you run an online background check on him to see if he has other claims or judgments against him? If he does, it's probably not worth going after him because you will just be another debtor in a long line of people who will not get paid. $500+ for airfare to NY seems like throwing good money after bad, unless you make a vacation of it.
I feel really bad that this has happened to you, but you got mugged. It sucks that there are people like this on the planet.
The reality is you didn't carry the protection of a contract, so it may be best to call this a life lesson and try to make the best of your time at the DVC resort, even though it ended up costing 2x.
 
klynn said:
I paid him $1035.
Click to expand...

Oh how I hate to see him get away with it! I wonder if he scammed many other ppl to get the $ to open his restaurant. The local tv news stations here have segments where they go after scammers etc and knock on their doors. I’d love to see them show up to his restaurant.


Sent from my iPhone using Tapatalk
 
Two days ago I contacted him again on fb messenger. I asked him if we could come to a resolution. I told him if there is no reservation for our December dates , I am willing to book another reservation for a different time. I asked him to please communicate. He read my message 20 minutes after I sent it. He never replied.

Today I sent in my paper work for small claims court. I was told cases are being scheduled for January. Fine with me. That will give me plenty of time to book my flight.
 
klynn said:
Two days ago I contacted him again on fb messenger. I asked him if we could come to a resolution. I told him if there is no reservation for our December dates , I am willing to book another reservation for a different time. I asked him to please communicate. He read my message 20 minutes after I sent it. He never replied.

Today I sent in my paper work for small claims court. I was told cases are being scheduled for January. Fine with me. That will give me plenty of time to book my flight.
Click to expand...

I would bet the serving of the papers (or whatever happens in small claims) will get his attention. Hopefully he will not want to be bothered with the day in court. I assume you can add your costs to collect also. Good luck
 
  • Like
Reactions: RX8
BEFORE you check in to board the plane, call the court to see IF he got a NEW COURT DATE (a postponement).

And reconsider getting a lawyer ... their fees would be part of the settlement IF you win.
 
  • Like
Reactions: RX8
Sorry this scammer John Molesi isn’t responding. Maybe I should stop by his new restaurant tomorrow on his grand opening and “dine and dash” to show him what it is like to steal from someone.
 
RX8 said:
Sorry this scammer John Molesi isn’t responding. Maybe I should stop by his new restaurant tomorrow on his grand opening and “dine and dash” to show him what it is like to steal from someone.
Click to expand...

Be sure to consume $1,035 worth of food and drinks! :)
 
DO NOT DINE & DASH! Restraunts "give" meals away to police and get many fringe benefits and considerations that way.

Nor should you 'ghost' fake reviews online. Nor slander the 'good name' of an incorporated business (a separate legal entity). Nor allow roaches to escape your 'bug bag'.

Now if you ate there, kept the receipt and took pictures of the food .... you might be able to post a review about 'tough' meat, limp salad, poor presentation, cold food, slow service and small servings.

BUT it still might be best, to hire a lawyer and get your day in court.
 
RX8 said:
Sorry this scammer John Molesi isn’t responding. Maybe I should stop by his new restaurant tomorrow on his grand opening and “dine and dash” to show him what it is like to steal from someone.
Click to expand...

I’m going with ya!

Although I did say I’d never go to his restaurant!


Sent from my iPhone using Tapatalk
 
File a theft report with his police department.
 
My Small Claims complaint form was received by Suffolk County on Oct. 15. I am waiting to hear from the county as to when the court date will be. I know it won't be before January 14. Yesterday I decided to send another message to the DVC owner. I explained that since we are now within the 60-day window I would like to get our fast passes booked and in order to do that I need the confirmation number to add to My Disney Experience account. He read my message within minutes. Still no reply.
 
klynn said:
My Small Claims complaint form was received by Suffolk County on Oct. 15. I am waiting to hear from the county as to when the court date will be. I know it won't be before January 14. Yesterday I decided to send another message to the DVC owner. I explained that since we are now within the 60-day window I would like to get our fast passes booked and in order to do that I need the confirmation number to add to My Disney Experience account. He read my message within minutes. Still no reply.
Click to expand...

Thanks for the update. Does Suffolk county serve him with the papers?

Knowing what kind of person John Molesi is, I won’t ever eat at Riverwalk Bar and Grille.
 
From the court's website:
How do I know if the defendant was served? The clerk will mail the defendant two copies of the notice: • One by regular, first-class mail, and • The other by certified mail. If the Post Office does not return the notice that was sent by regular mail to the Clerk’s Office within 21 days (30 days for consumer transactions cases), the Court considers the defendant to have been served – even if the notice sent by certified mail was not delivered.
 
I don't know what the rules are in NY, but when I took a restaurant owner to small claims court in CA (about 25 years ago), I paid a little extra to have him served personally by a sheriff. Felt good knowing he was being served in front of customers.

I tell you, if you started a GoFundMe for travel expenses to go after this guy, I'd contribute.
 
  • Like
Reactions: RX8
If you are going to sue him, you need to file a police report in your town and possibly in his town. The police reports are business records. Business records can be submitted as evidence and are not considered hearsay. They stand alone without cross examination.

Also, if he has the police asking questions about this matter, he may be motivated to pay you back. I would also pay to have him personally served at his restaurant. If you can prove it was a joint account, name his wife and have her served separately at the restaurant too.

I am not a lawyer and this does not constitute legal advice, do your own research.
 
Also, take the time to do a records search with the county clerk for other lawsuits. He has had several failed restaurants, I bet he is not a stranger to the civil court system.
 
I sent John another message and text. This morning while checking DVCMember.com I saw availability for what I paid John. One bedroom at SSR Dec. 21-24. I wanted to let him know that it is not too late to book my reservation for which I paid him. (He has no idea about small claims court yet.)
 
I just had a thought. Since I paid him for a reservation that took 88 DVC points and he obviously does not have the reservation, is there a reason (other than that he is dishonest) that he couldn't just transfer the 88 DVC points over to us (my son is a DVC Member)?
 
UPDATE: The man has spoken! "I'm very sorry that I haven't responded but fell on tough times for a few months. So fell behind on Disney payments. But I'll be caught up this week. So I'll try to book for you or check into transferring. Thank you for being so patient. We'll get it done one way or another this week."
 
When I called and talked to the court they said they haven't even looked at the claim forms from Oct. 15 (the date they received mine).
 
You must log in or register to reply here.
Top