If You Still Have an Unclaimed Cleverbuy Voucher, Read This!

Tweet

Pin It

This post's contents and comments have become so long and hard to read. I'm closing off comments for this post. You can find the newer updates about Cleverbuy (esp about the NBI meeting last June 8) here:

Latest Updates About Cleverbuy / CleverTravel

*****

I am pissed off right now. If you have an unclaimed voucher from Cleverbuy or CleverTravel, then you should be too. Why?

Cleverbuy is now closed!

I received a comment at my previous Cleverbuy post last May 18, detailing the company's very poor customer service. I got worried because I also have an unclaimed travel voucher that I bought from Cleverbuy, but I didn't panic since I had encountered problems with vouchers bought from other sites before (so I was sort of a veteran) and I was planning to use my voucher at the latter half of this year (I thought the problem would go away once the busy summer season ended).

A few days afterwards, I got links from Promoblogger and Everything in Budget and learned that after lying to several customers about booking their flights and accommodations, J2 Discount Travel and Tours had shut down and that Cleverbuy would be handling the refunds for the botched travel deals. J2 Travel and Cleverbuy occupied the same building and many people believed that they were sister companies.

• Cleverbuy's office: Unit B 4F Marvin Plaza Bldg. 2153 Don Chino Roces Ave., Brgy. Pio Del Pilar, Makati City 1230

• J2 Travel's office: 7F Marvin Plaza Bldg. 2153 Chino Roces Avenue, Brgy. Pio Del Pilar, Makati City

Cleverbuy apparently issued an official statement and denied any ties with J2, but that link (as well as the whole Cleverbuy blogspot blog) has been deleted. I hope someone was able to screen capture that statement. It might prove valuable in court.

Customers who went to Cleverbuy's office had to fill up a refund form and wait for 3-4 weeks. Some of these customers wouldn't settle for the 3-4 weeks waiting period and demanded to have their money back at once. They got post-dated checks.

Someone claiming to be a DTI representative gave his email address (dtincrlegal@yahoo.com) so that complainants could contact DTI but I don't know how many responded to that offer since the email address didn't look official. It would have been better if the email address was @dti.gov.ph instead of @yahoo.com.

On May 29, Cleverbuy stopped issuing checks and only gave out promissory notes (to be paid on or before June 30). Several employees have already resigned and an NBI officer also arrived to serve a subpoena to Edgardo Garcia. A preliminary hearing against Cleverbuy will be held at the NBI headquarters this Friday, June 1 at 2:00pm. Complainants can attend this hearing.

Morning of May 30, this door sign greeted the complainants who came to Cleverbuy's office:

Due to the harassment, threats, verbal abuse received by our employees from customers claiming for refunds and missing company properties, we are temporarily closing the cleverbuy office. This is also to take into consideration the welfare and safety of our employees. For inquiries, please contact the following numbers:
09151946815, 09435348717, 09284428895.

Some people also posted these additional numbers:

Ronald Rodriguez – Sales Manager
0926-6723714
0917-9319123

Marissa Topacio
09176605049

What the hell happened?

It's still unclear what exactly happened. Some customers posted that merchants (travel and non-travel) denied their vouchers because Cleverbuy has not paid those merchants yet. Someone also said that according to Cleverbuy, Triptoe Travel scammed Cleverbuy and took off with their money.

According to some posts in Cleverbuy's Facebook page, some complainants last Monday got so angry that they took some items belonging to Cleverbuy, so there's a grain of truth in Cleverbuy's claim of harassment.

But, and a very big but if I may say, four things about this whole mess jump out at me.

1. If Cleverbuy was not out to scam people, the least that the company could have done at the beginning was to inform every affected buyer that his deal was cancelled and that he would get a refund, then to issue a definite schedule for the release of the funds. Deals get cancelled due to merchant problems but being transparent would have prevented people from panicking like this. Why did the customers have to hear the bad news from other people anyway? Geez.
2. If Cleverbuy was not out to scam people, they would face their customers. Sadly, I keep hearing that calls, emails, and Facebook page posts remain unanswered. Worse, even those who went to their office were treated coldly/rudely. They had to go back several times and the staff did not appear apologetic or even sympathetic. Even if they give out refunds, Cleverbuy has wasted a lot of people's time and caused a lot of disappointments. And now, surprise surprise, Cleverbuy is now temporarily closed. If security was really their reason, they could have just asked policemen or guards to be around to prevent violence or petty crimes as they processed the refunds.
3. Cleverbuy has deleted their blog and stopped updating their Facebook page. Instead of issuing statements that could easily reach their customers, they just disappeared. Is Cleverbuy afraid of having their own written words used against them in court? What's next, deleting the FB page and the Cleverbuy site itself?
4. Cleverbuy has stopped issuing post-dated checks as per their lawyer's advice. Hmm, why? The sooner people are paid off, the sooner they'll get off your back, right? So why? Is it because funds are dwindling and Cleverbuy is afraid that checks will bounce and they will get hit with (more) lawsuits since bouncing checks = estafa? I certainly hope not. I hope you have the funds to give everyone a refund.

Updates as of May 31, 2012 evening

The cellphone numbers Cleverbuy gave became inactive. An NBI hearing is set at the Anti-fraud Department (5th floor) of NBI Taft. Conflicting reports if the hearing will be complainants vs Cleverbuy and Triptoe OR Cleverbuy vs Triptoe.

I got in touch with Dolly, another victim who wants a refund. She's out P135K. Ouch!

Updates as of June 1, 2012 evening 

I considered sending a message through FB to the treasurer/GM/whatever Edgardo Garcia but he does not seem to be an active Facebook user so I did not bother.

I got info about Cleverbuy's foreigner (German?) owner, but I don't know which one is correct.

• Christian Bayer email: rfender75@hotmail.com or ch.bayer@intermax-ag.de
• David Staudigel email: david_staudigel@cleverag.com

I don't know how to contact Mich (the one who gave the name as Christian Bayer). I'm trying to contact Dianne Flores (the one who gave the name as David Staudigel) to find out if the information is accurate.

The DTI email address dtincrlegal@yahoo.com seems to be legit but don't expect a sympathetic reply. You can also call DTI at 8118231 or visit the DTI NCR Web site. Better if you can drop by the DTI office. Complainants are asked to file a formal complaint detailing the transaction and attach all evidence or proofs of transaction.

People you can contact at DTI:

Ms. Carmen A. Avendaño

Chief of DTI's Consumer Welfare Division

Tel # 751-3236

Dir. Ferdinand L. Manfoste

Regional Director

DTI-National Capital Region

12F Trafalgar Plaza, 105 H.V. Dela Costa St.

Salcedo Village, Makati City

If your trip has already been scheduled, better check again. A buyer got a cancellation letter from a previously booked resort. Apparently, the resort owner is also preparing a demand letter against J2 Travel and Cleverbuy for P500K that has not been remitted to them.

There are already at least 5 formal complaints filed against Cleverbuy. Another meeting is set at NBI on June 8, also at the Anti-Fraud Division at 2pm. Do not wear shorts and/or slippers, because you might not be allowed entry.

According to Dolly, who went to the hearing earlier, there is still a chance to get a refund but that chance is getting slim. They signed a complaint letter as a group but they still have to submit individual notarized affidavits. If you want to join, get your affidavit and voucher copies ready and submit them next week at the Anti-Fraud Division (Room 503) or Computer Crime Unit (Room 508). Keep in mind, however, that there's no backing out after you've filed your complaint. Getting a refund is not assured, what they're really going for is to have a case against Cleverbuy.

Updates as of June 3, 2012 7:30am
A commenter in another site suggested that complainants should bring demand letters and have Mr. Garcia sign them instead of requesting for promissory notes because promissory notes can lessen the impact of the case from criminal to civil, unlike demand letters. If you're going to the meeting on June 8, bring your voucher(s), a sworn statement/personal affidavit, and a demand letter.

I've confirmed that there is/was someone in Cleverbuy named David Staudigel (General Manager). I've downloaded videos uploaded by Cleverbuy and will analyze and reupload them on my Youtube account so that those videos will still be available even if Cleverbuy decides to take them down.


Updates as of June 4, 2012 3pm
According to its DTI registration, TripToe Travel is based in Iligan, Lanao del Norte and is owned by Amielyn Madale Limbona who is also the owner and manager of Cashmere Travel and Tours (also in Iligan). Limbona was charged with estafa by Sarrosa International Hotel and Residential Suites in Cebu last January 2011 after Cashmere failed to pay the hotel P187,794 despite the hotel's repeated demands.

Last June 2, ABS-CBN News reported about Cleverbuy.

I was also able to talk to a former Cleverbuy employee who resigned a few months ago. Things I learned from our conversation:

• Edgardo Garcia is a dummy used by Cleverbuy's owner Christian Bayer. Cleverbuy's mother company is Webix Business Solutions Inc., a Web developer which caters mostly to European clients - building dating sites, porn sites etc (those are legal in Europe so no issue there). Garcia used to be an ordinary employee but he was promoted to General Manager when the previous one resigned. The promotion was possibly a show of gratitude since Garcia helped Bayer get out of jail when a disgruntled employee fired from the company reported Bayer to the NBI and Bayer spent a day under NBI custody.
• David Staudigel is Czech Republic's Country Manager. He is not the owner of Cleverbuy but he represents Bayer if the latter is not here.
• J2 and Cleverbuy are indeed sister companies. The problem started when the previous country manager (Chris Arañez) accepted all the deals offered by Trip Toe and gave Trip Toe an advanced payment. The money that was supposed to be used by J2 in dealing with the different resorts was used for TripToe instead.
• My contact suspects that someone inside Cleverbuy embezzled some funds aside from TripToe running off with the money they got.
• Salaries of employees were usually delayed and these employees have not received their wages last May.
• Christian Bayer is in Germany now but if David Staudigel will get a hold departure order, Bayer will most likely go back here.
• When asked if Bayer can afford to settle all the refunds, my contact said "Yes". As it turns out, Christian Bayer owns two Lamborghini cars. Dating and porn sites are also profitable.

Chris Aranez and David Staudigel are featured in this video:

Updates as of June 5, 2012 7pm

Cleverbuy's bank account is already closed. But please do not rip up the check you got from Cleverbuy out of frustration. It's evidence. Make copies of it and as one bank suggested, to be able to use the check in filing a case, deposit the check in a bank account and get a documentation that the issuing bank account was already closed.

DTI still accepts complaints related to Cleverbuy but is now encouraging complainants to complain directly to NBI. See the info in previous updates above to know how to go about complaining to NBI.

Since I paid via Paypal, I thought of filing a case in Paypal but Paypal only has protection up to 45 days (I bought my voucher last January). If you paid via Paypal and your transaction is less than 45 days old, try that avenue.

If you just bought your vouchers recently and via credit card, call/email your bank and ask if you can reverse the charges. Explain your side thoroughly. As far as I know, one of the advantages of using a credit card is that the bank can intercede between the buyer and the merchant if a problem arises. Customers can also submit refund requests to Mozcom. According to Mozcom, Cleverbuy still gets in touch with them.

According to Fully Rich Man, another travel agency that advertised with Cleverbuy (and also one of the unpaid merchants), Cleverbuy had a meeting with the merchants yesterday. The following Cleverbuy officers were present and could be contacted using the numbers on the right:

• Edgardo Garcia - 09087672425
• Mark Telan - 09178281189 (Web site manager)
• Tere Camba - 09487118714 (acting accounting manager)

According to FullyRichMan, Mr. Garcia looked unfazed even when told that there were charges filed against them. Mark Telan already has a resignation letter that will effect on June 15.

Updates as of June 7, 2012 7am

According to one commenter (Ida), her lawyer asked her for the case# of other complainants who already filed thru NBI or DTI. The lawyer will include it in Ida's complaint affidavit so that it will be a case of Syndicated Estafa. At least 5 names and their case # are needed. To those going to the meeting tomorrow, please discuss this with the other complainants. You can also email me your name and complaint number at admin@unsugarcoatedreviews.com so that I can forward the info to others who need them.

Can anyone from Davao confirm this and if the office is still open? "They [Cleverbuy] also have an office at Davao which can be found at Unit 9 2nd Level EBL Building, 26 Inigo Street, Barangay Obrero, Davao City."

If you live in far places or don't have the time to go to NBI, I think you can just send your notarized affidavit and other papers via courier. I don't know this for sure, though, so better check with NBI first.

Cleverbuy's CEO Christian Bayer was spotted at Greenbelt by ex-employees who are helping the complainants. When asked about his plans, he denied that he is the owner of Cleverbuy. Oh boy oh boy!

Addresses of interest given by the ex-employee:

• Temporary office of WEBIX, Cleverbuy's Mother Company: Unit 2910 Tower 3 Makati Executive Tower, dela Rosa St. Makati City
• Unit 2909 Mr. Garcia's unit
• Mr. Christian Bayer - 17 Hamburg St. Merville Park Subd. Pque City, or 2909/2910 Tower 3 Makati Executive Tower,Dela Rosa St., Pio Del Pilar, Makati City

David Staudigel's contact numbers (as written on his calling card, according to a complainant named Cindy)

+63 2 553 8197
+49 173 654 3851 (his German number)

Trip Toe apparently has resurfaced. Interesting. A buyer who availed deals from Trip Toe via Cleverbuy was able to converse with Trip Toe via email. The conversation though was very roundabout and the refund issue was being sidestepped. Guess what, Trip Toe is blaming Cleverbuy - saying that Cleverbuy has not forwarded payment to them. Instead of a refund, Trip Toe was insisting on offering rescheduled tours.

DOJ and NBI phone numbers

DOJ Action Center: 521-2930

NBI Anti-fraud Division: 523-8231 to 38 locals 3491 and 3456.
NBI Computer Crime Division: 523-8231-38 locals 3454 and 3455

To those asking for my number: I can't really provide more info aside from the ones I post here. I just compile info I get from contacts and from other complainants as well. For corrections or tips, you can send me an email.


*****

This post's contents and comments have become so long and hard to read. I'm closing off comments for this post. You can find the newer updates about Cleverbuy (esp about the NBI meeting last June 8) here:

Latest Updates About Cleverbuy / CleverTravel