I feel I am being scammed.

ComplaintsScamsSandcastle Mediation

Complaint

0
Dave
Country: United States
I received a voicemail from someone claiming to be from Sandcastle "Litigation" today and was asked to call them back by the close of business today.
I called the agent back who mentioned that their client (someone I owed a legitimate debt to years ago and settled and paid in February 2015) was trying to "mediate" a debt in the amount of $2,694.23.  She also stated that the "client" was looking to file charges for "theft of goods and services".  There is no Sandcastle Litigation, however there is a Sandcastle Mediation.

I pulled the email of the settlement letter that I received and explained that this was resolved in February, 2015.  She went on to say that the firm that agreed to the settlement was not authorized by the initial client to do so.  The original firm is a big box retailer who shall remain unnamed, and the settlement was through a law firm they hired in their behalf.

She redirected me to a "Senior Attorney" who opened the case file and saw that indeed the settlement amount had been paid, but the issue was that it wasn't paid on time.  So this is the second story I was told.  I told him the date of the settlement letter was 2/19/15, and he acknowledged that the firm he represents received payment in full in 2/23/15, four days later.

I got him to acknowledge that now it wasn't an issue of whether or not the settlement was approved, but that the payment terms weren't met .  I did not tell him that as part of the settlement that I would be able to make monthly installment payments beginning the following month.

I spend most of the day at the attorneys office who initially settled this for me, my bank getting old bank statements, time reviewing statements, and then trying to sort this out.  I also called the initial debtor, who stated they had no issue, as well as calls to the FL and AR Attorneys General Offices and the FTC.

When I called back they were careful to say they were mediating the case.  When I asked for a name and contact for the other side, I was told that because of confidentiality issues, they could not provide and I would get served and have to go to retain an attorney and go to court. I also advised that if they are trying to mediate, that mediation is a two way street and requested that they have the client mail me a letter directly about trying to collect a debt.  At that point, the person I was talking to stated no one was trying to collect a debt.  My rebuttal was then why are we even in the phone the .  He stated he is trying to mediate this and get me to agree to pay the money.

At no point refarding this specific issue have I received written notice of any debt collection from Sandcastle or the "firm" they claim to represent.

If these folks call, be very cautious.

I firmly believe they are scamming me, but am not willing to state that with 100% certainty.  Again, be cautious.

Comments

  • +3
    MJG
    | 1 reply
    Call your state attorney general AND www.ftc.gov .  There are TWO VIOLATIONS of the FDCPA - refusing to give the company information and threatening  to take you to court.

    Mediation or litigation  is double talk for debt collector (so they are lying there too).
    • +1
      Dave replies to MJG
      I've contacted the FTC and AR and FL Attorney Generals offices and am in process of filing complaints. Thanks.
  • +2
    Fits scam profile..
    | 5 replies
    Your original settlement was with a debt collector and law firm that represented themselves as having authority to settle, an offer was made, you accepted it, and you paid it.  End of story.
    Looks like the creditor (or debt collector) sold off the "balance" in violation of the settlement agreement, to some low life "mediation" debt collector, probably for pennies on the dollar, since there was no basis for actually claiming you "owed" any more money when there was a settlement.  It's clear they are fully aware this was settled when they are prepared with "excuses" for why they can still demand more money.
    "Mediation" is the term these scam debt collectors use for their lies and threats, which are just "arguments" for why you might "choose" to pay them some more money.
    • +2
      Not likely, but if they push it.. replies to Fits scam profile..
      | 3 replies
      Given the blatant FDCPA violations, (deceptive and illegally threatening that "client was looking to file charges for "theft of goods and services", which is refuted by the settlement agreement and payments), it's not likely these bozos are taking any legal action.  This "senior attorney" sounds shady as well.  Look him up with his state bar association, and you may find he's not licensed, which would be another FDCPA violation.
      • +1
        Really shady.. replies to Not likely, but if they push it..
        | 2 replies
        You've got the original creditor saying there's no issue, so where do these fakers come from?
        You've got a negotiated settlement agreement, AND documentation of payment to satisfy it.
        If the creditor had some issue with the payments, the time for them to have brought that up was before they accepted your money.  By accepting it (whether late by a few days or not), they are bound by the settlement agreement, and their attempt to get more, or even sell off the account, could be viewed as a breach of contract, subject to treble damages, and deceptive collection through negotiating the agreement in bad faith..
        • +3
          Entire "debt" might be fake.. replies to Really shady..
          Check your credit reports.  Your may find these bozos just pulled one, found an old settled account, and thought you could be conned into paying them off.  Get a letter from the original creditor that they never sold an account, and you may have evidence of fraudulent collection you can hand over to your state Attorney General.
        • 0
          Dave replies to Really shady..
          Thanks for the message.  I've already lost most of a day of work, been to the office of the attorney that initially helped settle this for me,  Spent several hours calling various agencies and the original debtor and the company that managed that debt.  I've literally been sick to my stomach over this for. Let of the day.  Surely there is some form of retribution I can take?
    • 0
      Dave replies to Fits scam profile..
      Agree, settlement should be the end of story. These folks sound very convincing.  I'm convinced they tried to scam me.  Makes me wonder how many people they pull these same tactics on.  I like to think I'm cautious and want to be sure I'm well informed about decisions I make.  I wonder how many folks fall prey to their tactics.
  • +1
    One recent BBB complaint..
    https://www.bbb.org/west-florida/business-rev ... -and-complaints
    Consumer reports a call threatening to sue, not even naming who they were going to sue.
    Company didn't even bother to respond.
    That looks like their M.O.
  • 0
    Dave
    Thanks all for the responses.  I'd really like nothing more than to walk in to their office and introduce myself and have a face to face with these folks.
  • +1
    File complaints..
    File complaints with FTC, the Consumer Financial Protection Bureau, your state AG, and the Florida AG.
    In your complaint, include the details that you settled and paid the account with the original creditor, and list the various threats and deceptive excuses made in their demands for more money beyond the already paid settlement.
  • +1
    Karen
    | 1 reply
    Well they got us!  Left a voice mail & threatened us with court action & "docket number."  Called them back as we were sure this must be a mix up.  Just moved to CA and all our files still packed in the garage.  Had a job interview the next day and knew they would run a credit report as part of my final interview.  Felt this "judgement/lien" would prevent me from getting hired, so caved and transferred over $750 on credit card to settle.  Two hours later, we found the garage files and proof that this old debt WAS paid in 2014 and immediately phoned credit card company to red flag this payment.  Typical boiler room tactics...pressure NOW to pay up or else.  Began searching Internet afterward and found out this is just a SCAM!  Still not sure if credit card company will fully reimburse us as it was late & have to call back in the morning.  Will file complaint with A/G & FCC.  This outfit must be stopped!
    • 0
      Dave replies to Karen
      I'm sorry they scammed you.  I'm working on my investigation before filing reports with the State Attorney General Offices in AR, FL, and NY.  As well as with the FTC , FBI, and any other agencies. They called me several times, even after I called them out as scammers and told them not to call back.  The principal for their "Florida office" is Shane Cereno.  Everyone that I've spoken with has a northern accent.  The names associated with the people I've spoken with all have home addresses in NY and Canada.  I don't think there is truly anyone working out of a Florida office.  There are also several company names they have used.
      Sandcastle
      Sandcastle Litigation
      Sandcastle Mediation
      Sandcastle Mediation Services

      I'd be weary of any form of Samdcastle anything calling and claiming there was unpaid debt.
  • +2
    Starr
    Just got a call from them, immediately knew this was a scam, I literally started laughing at the guy. I told him I knew this was a scam. He was calling for my ex father in law. He stated I was an emergency contact for a man that I haven't been in contact with for over 10 years! THIS IS A SCAM!!!
  • +1
    Gracielu
    They called and threatened civil action and all my bank accounts will be frozen.  I called them back to inquire about specfics of the threats, they hung up on me.  I knew I didn’t have anything unpaid, however, curious how they got my information. Scam definitely
  • 0
    jim
    | 1 reply
    id like to know if any one knows where the lead person is in this sand castle--shane cirino is his name any info on him would be great they also scammed me. thanks
    • 0
      Dave replies to jim
      Jim,

      I believe he is in New York.  He used to be on Facebook- not sure if he still is.

Post a new comment