General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrying to figure out legal and political remedies to a personal problem.
I looked at the support forum but it does not seem to really fit. First, I want to disclose I have a brain injury and that affects my understanding of things. Please talk to me like I am a 5 year old.
Hubby recently passed. I have health problems and decided to get a jetted tub from a well known brand. The sales person said my doors were not wide enough to get a jetted tub. He measures moisture in my walls and told me it was a health hazard and it will cost me more money down the road if I let the mold just sit.
I am trying to gloss over this, so ask questions if need be. When the construction time came, my tub was removed and there was no moisture or mold. When we talked finances, I said I am disabled and have no income, so I would not qualify for their loan: It did not dawn on me what he was doing until later. (Brain injury). He asked how much I used to make. A bit later I was approved. I think he may have lied, but the tub people will not let me see what he wrote. Also, I used my dead husbands card. The guy knew it was my dead husbands credit card. I did not realize that was credit card fraud until everything went south. The sales guy is mentally able and he should have known.
Lots of things transpired. At first they wanted to really offer me nothing. They do not seem concerned their sales guy conned me into something I do not need. Finally, they said they would do it for free, but they do not acknowledge the loan, which they got partially funds from - they say I can close it at any time. Loan folks say, sure once I pay the balance! They say they are not refunding credit card (7k) until I sign a release. Because they do not acknowledge I have any sort of loan, I do not trust they will give anything back.
I am thinking of going to the media. One local station handles consumer disputes. I am thinking of going to my attorney general. A lawyer told me it will cost me more than the tub if I try to sue. What steps can I take? I think these people are all con artists. Please help me.
yardwork
(68,699 posts)usedtobedemgurl
(1,897 posts)I am over 50but way under 60.
yardwork
(68,699 posts)However, they will at least point you in the right direction for Legal Aid.
Good luck and I'm sorry this happened to you.
bucolic_frolic
(53,506 posts)Assume you're over age 60?
National Center on Elder Abuse at 1-877-696-6775
local Adult Protective Services (APS) office, which operates in every state. To find the correct APS for your state, you can search online for "[Your State] Adult Protective Services"
Personally, I would advise a phone chat with a lawyer or legal aid to give some guidance on how to report, to see what they advise about the deceased's credit card.
Tell each of them from the get-go you have a disability, and ask is there an element of elder abuse for financial reasons here. Good luck.
usedtobedemgurl
(1,897 posts)Will any of them still talk to me? I am a few years from that age. Thank you for taking the time to reply.
bucolic_frolic
(53,506 posts)If you have a disability they may well be able to refer you to help for that particular abuse. I think legally elder abuse begins at 60, but financial abuse might have less restrictions.
usedtobedemgurl
(1,897 posts)TommyT139
(2,113 posts)First off, the office for aging people might have recommendations, so please do call them; in some places, there is an overlap between office for aging and disabilities staff, even if you are on the young side There also might be legal clinics near you, associated with a law school program.
If you have been under treatment for your injury, or if you have a primary care physician, ask if there is a medical social worker on their team. Medical social workers help with all sorts of things beyond what we might think of as medical care: housing issues, food insecurity, paperwork challenges -- they would take a "big picture" view of your trouble, integrating your brain injury into their strategy. The job title varies depending on how a medical organization is set up, so start with calling your primary care physician, or the main doctor's office if you are getting specialized care.
Personally I would hold off on the alert-the-press approach. As part of that, you would likely draw more attention (from random people) than support, which could add stress to the whole situation. Save that as a last resort if needed.
Good luck!
usedtobedemgurl
(1,897 posts)I afraid they will find I mentally cannot take care of my things and they will take away my autonomy. Could that happen?
TommyT139
(2,113 posts)...but you can ask what their boundaries are -- essentially whose "side" they're on. Them being part of your medical team should mean that they cannot share info about your condition without your permission (HIPAA), except in certain situations which they are bound to explain in advance. I believe those are limited to things like whether you are abusing children, elders. But you can ask.
Do you have any family members or trusted friends who are aware of what's going on? Or a therapist of some sort? Having folks on your side can reassure people working on your case that you've got social supports in place.
in2herbs
(4,091 posts)under the jurisdiction of the state's Attorney General.
Question: if they originally said the jetted tub was too big to go through your doors, how did they get it through??? Widening the doorways would require construction. Check if your state has a Registrar of Contractor Department. If they do, and you can determine that the contractor was not authorized to perform the construction you would have monetary recourse against the contractor in this manner.
If you go to a lawyer, go to a contracts lawyer.
usedtobedemgurl
(1,897 posts)My hypothesis is it was an unethical sales person. When he realized he would lose the commission, he measured the moisture - exactly where the pipes/faucet are. He showed me the readings and then placed the moisture measured on himself. He said to see how much moisture there was and it was really bad. He said we needed to replace the tub I have with another regular tub, because that would fit in there, but a jetted tub would not.
My husband just died after a two year battle with cancer. It started in his liver, went to his spine, then his shoulder and finally his neck. He had back surgery in March. He could not get wet. That tub was one of the most intimate moments I had with him since his diagnosis. He sat on the edge. I was in the tub and I gave him a sponge bath. He commented on the intimacy. He felt it, too.
yardwork
(68,699 posts)usedtobedemgurl
(1,897 posts)I relied on him for so much and loved him. It killed me to lose him.
EuterpeThelo
(151 posts)I lost my soulmate to COVID in 2020 and have never been the same since. Please try to be gentle with yourself.
Vinca
(53,099 posts)case against them for defrauding a person with a handicap.
usedtobedemgurl
(1,897 posts)The sales person? This would be interesting. Could they put pressure on the tub folks to fix it all?
The contractor did not know. I went in the bathroom to see how much mold was there. (None). I was flustered. There was a minuscule bit is mildew towards the back, but none where the sales person said there was mold and it was a hazard. I immediately called up the tub folks. They said there was nothing written down on the contract about mold or clearing it. I sent pix and one of their guys said there was no moisture or mold, after looking at the pix. It was one big con!
So what recourse would I have with the contractor?
That offered to finish the job for free, but with them not acknowledging the loan and not giving me a chargeback on my card until I sign a release, I do not trust them. I think they plan on keeping the money.
usedtobedemgurl
(1,897 posts)They did not sell me the tub by conning me with lies. What do I say when I file and who do I file with? How can I find out who they were? I doubt the tub people will tell me.
Thank you!
Vinca
(53,099 posts)to the Attorney General of your state, they would be required to tell you who installed it.
LNM
(1,212 posts)Another neighbor wrote to our Attorney General (Minnesota) and they contacted the contractor and got satisfaction for her. Good luck!
usedtobedemgurl
(1,897 posts)That is why I came here. I had not thought of the contractor angle. Thank you so much.
LNM
(1,212 posts)a kennedy
(35,022 posts)here. Know were with you.
usedtobedemgurl
(1,897 posts)Since my accident. My husband always helped me navigate everything. I feel so all alone. My adult son who just moved in with me has been contrarian through all of this. I just do not have the brain power I did before the car hit me. And my tub was my refuge for my chronic pain. It has been unfinished for the last month!!!
jfz9580m
(16,247 posts)I cant think of anything offhand. The Better Business Bureau is a site where you can track and report scams (though that is probably not quite what you have in mind):
https://www.bbb.org/
Sorry usedtobedemgurl. I hope someone can help you:
usedtobedemgurl
(1,897 posts)I honestly do not think they would care about a BBB complaint. The complaints I see there and in other places seems like they can take hits and not care at all.
Also, that is not just about their products. There are several complaints about their warranties being misrepresented. They will tell you you have a warranty and then you must pay some fees for the labor. And it seems sometimes they run out the clock on the warranty. I swear this whole organization seem like they are grifters and cons!!!
allegorical oracle
(6,074 posts)Protection. They are usually within either the Secretary of State or the Attorney General's offices. You can find out online -- or just call the Governor's office and ask for the number of the office that helps consumers -- if there is one.
If you have a copy of your bill, it should have the company's license # if the company is legit. Plumbers, for instance, are generally licensed. It may fall under an Office of Business Regulation or the Office of Business and Professional Regulations.
You might also call your local county's Clerk of Court and ask if there is an office that helps consumers.
If a permit was required for a tub installation, you could call the county or state's Building Department.
As someone posted above said, I'd hold off going to the media until you get advice and know where you stand.
Good luck.
Bread and Circuses
(1,452 posts)Tell them that you were coerced and you need to dispute the charge.