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Whatshappening

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  1. Just want to say that I am not very technically saavy and I don't know why that letter is in red and apologize as I see it is harder to read all in red like that. Feel like deleting it but I already found that it is impossible to even edit as we write. so I don't know. Hope I was clear about questions. Thanks..
  2. Whatshappening said... I inadvertently and under great duress, sold my deceased mother's gold jewelry Friday night 7:30 pm Sept 2, and called **** LLC the next evening at 7pm and followed up with three e-mails with pictures and explanation of why I wanted my jewelry back and that I felt I was pressured and within my legal right according to a 72 hour Florida Law regarding buying and selling which I so far can't find online. Can anyone help me answer this question? Here is longer explanation of what happened. I am 62, alone and disabled being treated for chronic pain and depression. I was on my way to Home Depot with a young man who is helping me with my computer when I saw a store saying "We buy gold" and on the spur of the moment, I decided to stop and find out how much a silver bracelet was worth which I had recently received from some scam artist who owes me a great deal of money and I was in fear that he and his friends were scoping out my home and planning to rob me. In my purse, I also had my mother's herringbone gold necklace, two gold rings and two duplicate gold earrings and pendant left to me that I had been carrying around to figure out where to hide them and eventually find out what the value was as well. I went in with this young student who had just shown me a scotter he had no money for and he was without any transportation so I should have known he wouldn't have my interest at heart. I showed her two silver bracelets but soon I was showing her the gold and the saleswoman started pressuring to sell all these items in spite of telling her how I was still grieving for my mother and I really didn't come in intending to sell this gold and having learned the value, I really needed some time to think about it and that I have other scrap metal and old watches I would be happy to look through and bring in another day. She was so smooth with making new and better offers, it became so confusing and believe it or not, I was beginning to feel obligated to sell this since she had taken this time to test everything and tell me what it was all worth as a whole...never per each item other than the bracelet with the marcasite design which was only worth about $5.00 and I wouldn't be surprised if that guy stole it. Raysa would not take no for an answer and before I knew it, she had me thinking, "well, I'll keep the one ring that I would wear and might as well sell this before someone steals it and as I later wrote them the next day; I am depressed and upset, under doctor's care and not in my right mind. I can imagine that I was also thinking how I could help the young man but I told him not to assume this money would be for his scooter, but maybe he could work it off and I could help him that way. I'm sure he was not paying attention to my resistance to parting with this jewelry from my mother and looking out for his own interest since he knew I wanted to help him get a scooter. Raysa, the saleswoman, wrote me a check and I asked her for a receipt and she told me they don't issue receipts but she gave me their business card with three DWT weight and wrote the total amount of the check for $645 which BTW, had started out at about $400 offer originally. She had me sign three pieces of paper and as it was already half an hour past their closing time, I didn't have time to read the fine print and just signed them never seeing or hearing anything about how "ALL SALES ARE FINAL" By Saturday, I was just out of my mind with regret for selling the only jewerly that my mother wore for years and years; and how could I have let myself be talked into doing something like that when I was truly not desperate for money and had done no research on selling jewelry and now i have lost the only heirlooms that really had any sentimental value to me. By 7pm, I called them and left a message that I wanted me jewelry back. After leaving a phone message, I went on their website and read their policies which said nothing about "all sales being final" and how "There is absolutely no pressure to sell, and everything is explained in detail right in front of them...And yes, we remove gemstones! " Talking to Lauren today, I was crying telling her nothing is carved in stone and in the big picture, the jewelry means nothing to them and everything to me and my mother would be so upset that I would be so thoughtless to do such a thing. The saleswoman had told me the embedded diamonds pieces were essentially "worthless" and she couldn't remove them, and when I talked to them today, Lauren told me they have a video which I know can prove that regardless of their "policies" supposedly written on the door and on a paper I signed, everything was not explained in detail to me as stated on their website, nor was I given any business receipt . On Saturday night, I followed up with an e-mail explaining the situation along with seven pictures of my mother at various times wearing the necklace, earrings and rings plus the Jade pendant (which she did give me back the stone when I asked for it.) I called them twice today and the receptionist told me she never heard of the 72 hour law and couldn't do anything but tell me it is not melted for 15 days because it is checked for stolen property but that their policy is "all sales are final." "Lauren" said she leave all messages for her boss, **** and that I could probably reach him on Tuesday Sept 6 after Labor day and that quite probably he would tell me the same answer that "all sales are final. " While Laruen told me that they would mail me a receipt, I told her she didn't need to mail me one as I didn't receive it at the time of sale and to tell her boss that I would be happy to organize one of their "gold parties" and invite all the snowbirds and people who live in this mobile home park but to please just honor their online promises of being the most trusted names in gold buying... We pride ourselves on the relationships we've built with people like you so would they ...[Message truncated]
  3. I'm sorry but I don't know what my question was about. I think I was new to this websight and responding to someone elses question about how much they could legally pay a medical expense back to a hospital. I also posted a question about when I sold some of my mother's gold jewelry (she left to me) to that big USA Gold company that advertises, "We buy gold" all over the country. I was so regretful as there was no sign that all sales are final and someone here told me that technically I had no recourse but I am looking for that thread as I got lucky in that I never gave up and kept calling and e-mailing them and finally after 15 days, they gave me back the jewelry she left me and I gave them their $650 check. However, after all that, I think that the 20 year old kid who was with me, eventually stole the ring as that was the only gold that was taken out of my jewelry box. A real "thief" I would think would have taken a lot more and he probably figured I wouldn't notice and I didn't for a few weeks as it was mixed in with other costume jewelry. Lock your valuables!
  4. I paid a lawyer $2000 to set up a special needs trust before my mother died in 2008. I want my brother to become the trustee because the current trustee has been negligent in his duties for example not paying off a credit card at least three times that I'm aware of has cost the trust approximately $700 for late fees and interest that should never have happened. He also does not stay in touch or advise me what's happening with money that is invested with Parker Investment Company and all I know is that it is down. He originally verbally agreed to do all this at no charge as he was a well-off friend of 40 years but when I brought this new losses to his attention, he claimed he spends 3 hours a month and as of last August, there was only $37,000 left and wants the trust to pay him $100/month and the trust says "the Trustee may pay itself reasonable compensation from the trust estate for all ordinary services and reasonable additional compensation for any extraordinary services, all without court order." So even though he agreed to not charge me, can he just pay himself before transferring this responsibility to my brother? I think he had some expensive company do the taxes too) My brother called him (before he knew any of this history) and the trustee said he would be "happy with $1200 but whatever I think is fair" which personally I feel is zero as he knows I'm alone, sick, barely getting by and after letting the money sit in a money market for three years, one day he suggests putting it where he invests his money which had been going up 10% since 2008 but thanks to his advice, my money got in when the overall market was going down and now the trust value is down about $10,000 and I'm 63 and could be in serious trouble if not for the cushion of this trust from my mother. I know he can't control the market but he never once apologized for not paying attention to making sure the credit card used for broadly for medically related expenses was paid in timely manner. He said he would cooperate with my brother and I'm wondering if there is much involved in the transfer of names and do I need to hire a lawyer for this transfer of trustee? I would imagine no more than an hour is involved of his time and would be willing to pay him $100; ( does that seem fair?) however, is this transfer process more complicated than me and my brother are thinking and do you know if we have to do anything more than just get a letter of resignation from him (TO FILE WHERE?), have signatures changed and notarized like before? the trust says, If all the nominees named herein are deceased or unable to serve or resign and fail to appoint a Trustee for any reason whatsoever, then a court of competent jurisdiction may name a Trustee in accordance with the then-existing laws of the State wherein the income beneficiary may reside. " Sorry so long. Hope my questions are clear. Thank you.
  5. I am not a lawyer but have Medicare/QMB Medicaid and my experience with this is often you will get different answers from different people and so it's never a simple or easy process. In fact, my understanding is I barely qualified by $4 and our governor is giving us a larger than usual increase in social security so I'm not even sure if I will have it next year and nobody can tell me and seems like no one will know until December and the deadline for signing up for these other plans is Dec 7. However, if you are low income like me, there are different levels like QMB and Slim B and I don't understand it all and maybe that has to do with fact I also have Medicare. There is a great federal program called SHINE that is very helpful and it's in all states so google for the number and all the people are volunteers and very nice and helpful. Once you are established, you can always update and view your documentation online. and click on "my access account" Here's some websites and numbers that might help: I think this is state of Florida but they probably can help guide you: Medicaid Office 866-762-2237) Check ratings at plan finder. Hope this helps. Good luck. PS. This is an example why we need to have some type of Universal Health Plan as this is enough to drive anyone crazy and it doesn't work unless everyone is in it seems like some type of sliding scale cost could be applied but that's too simple so probably always be very complicated in my lifetime; now I've "heard" that certain corporations are exempt such as McDonalds. A website that explains the real single payer health care very well is www.healthcare-now.org
  6. I told my whole story under my question about the 72 hour return policy in regards to inadvertently selling my deceased mother's gold jewelry under which "Tax Counsel" said gold doesn't fall under that Florida law and that I was probably likely going to have to accept their policy (I never saw or heard anything about) that "all sales are final" I was told yesterday by a "****" pawn shop owner that that quote really means nothing. There is always an exception to the rule and that even though I sold through a "****" company, that by law he is required to give me a receipt. When I called them today, the receptionist seemed a little surprised that they didn't give me a receipt, and if they do send me one, I'm not sure I would even open it until I talked to a lawyer. I asked her and she told me "that is not our policy" so I asked her to give me something so she wrote on the back of their business card which merely said the DWT (which I think means the weight) and the total, $645 on 9/2/11. There were so many red flags, I just can't believe I was that vulnerable to such fast talk. The Pawn shop owner also told me that the reason there is a 15 day policy to hold and share (I assume the papers I signed) with Dept of Agriculture and the police for stolen items, that they are not to alter the jewelry in any way although I did ask her for the Jade center piece. Don't you think it is odd that she insisted on cutting and removing the guard to weigh the ring, but left the jade in the pendent when she weighed it and it was only after the transaction, that it occurred to me to ask her, "What about that jade? Which she said, fine and bent back the prongs and gave it to me but she said the tiny diamonds were virtually worthless and she didn't have anything to remove them; however, later on their website, I saw that it clearly says, "And yes, we remove gemstones!" Aren't diamonds gemstones? AGAIN, DO I HAVE ANY RECOURSE AND SHOULD I SEEK LEGAL COUNSEL IN REGARDS TO THIS OR HOW CAN I WARN OTHERS? [This post has been edited to remove personal or identifying information. -Moderator] [This post has been moved to the appropriate discussion. - Moderator]
  7. Tax_Counsel, Is the law different depending on people' circumstances as I have a neighbor who told me he didn't have medical insurance when he had a heart attack in his 40's and that he is paying some small insignificant amount monthly and they can't do anything since he only has a car and mobile home, they can't take that. Then a retired attorney friend of mine was telling me how I could take someone to small claims court who didn't do any work for me but I had paid him $1472 for materials...how I could take him to court and win but when I asked her if he could get away with paying me $5/month, she said, I could get my money back but then again, I would have to hire someone and also pay for a sheriff who can go pick up anything that belongs to the company. I have since found out that I'm going to be able to fairly easily resolve that refund as I have proof of everything and after sharing my story with my bank, they will just credit my account as there is little doubt I will win the dispute as he did not do any work. Moral, pay by credit card. Sorry, I don't have complete information , I said, I'm not an attorney, just sharing what I heard and I guess this is how misinformation can start as often we only hear part of the story so half truths can get passed around. I have another question related to the sale of my mother's gold jewelry hope you will reconsider.
  8. Thank you for your prompt reply which I must say after spending several hours writing that story, really took the wind out of my sail. This is the first time I have used this online resource and this is a wonderful opportunity to be able to share experiences and get helpful guidance as to our options as it seems that I have one long stream of things happen so much that it makes me think I must have "TARGET" written across my forehead. I don't seem to have a way to reply to the person who answered my question and can't see your answer as I write now; but as I recall you said that the sale of gold does not fall under the 72 hour law which you gave me the link to research further which I will do after I take some break from this and another legal matter I'm also working on writing all day long. If I continue to research this and talk to a local attorney, do you think I have any chance to be the "exception to the rule?" Are only attorney's allowed to "reply" on this website? I'm sorry, don't know how to make this in the form of a discussion but I do have a question: Given that this company is nationwide and high profile, aren't they concerned about their reputation; Or do you think that they would feel that might make them look weak and then believe that everyone would feel they could change their mind and that their is no exception to the rule. How can that be? I recently saw "Reversal of Fortune" the story of the famous NY Jewish lawyer who defended OJ Simpson (since deceased) who defended Klaus Van Bulen who was originally convicted of poisoning his wife into a coma? I can't think of his name but this was the late 70's and Mr. KVB could afford to pay the then college professor, $300/hour which included 9 student researchers and they did prove beyond a reasonable doubt that there were real problems with the evidence and IMO after watching the film, Mr. KVB should have been deemed innocent as he was (although I'm sure some would disagree based on a moral question. My point being, he he didn't have the money to pay for a further investigation, he would still be rotting in prison like most poor innocent souls. I happen to have a free appointment with an attorney on another matter regarding some work done by some licensed contractor's who then put a $600 lein on my home and the Dept of Consumer affairs agrees that I am in the right and they are suppose to remove the lein since 2009 but have yet to do so. I might write more about this another day; while there is no promise he will represent me, do you think it is worth my and his time to bring up this gold transaction? While as you say, they may be within their legal right; I promise you I'm not exaggerating how slick she was and how vulnerable I was and this is an issue of dire warning for consumer protection particularly for the elderly and disabled. Also, do you think this is something I could take to the TV news station: "Eight on your side" Do you think these people want a big stink made and their name in red lights? Or do you think I really just have to roll over and lick my wounds and live with the consquences of another legal but slick scheme to get people's money? BTW, I was under duress before and they made it worse. I'm really devastated by this. FUI, My friend in retail business told me that the jewelry pieces themselves, were worth at least twice what they paid me for the actual gold.
  9. I would call the Department of Children and Families in your area. They are very helpful but often you will get different answers from different people. I am not a lawyer but my understanding is that if you have medicaid, that means you don't have the money to afford to pay the hospital bill which is always crazy high and overly inflated. You didn't mention if you have Medicare or any other insurance. The worse case scenerio is that if you were somehow responsible to pay for this hospital bill, you can only be liable for whatever you can afford which could be as little as $10/month as long as you are making the effort to pay it back regularly. The laws seems to be in a state of flux so this is probably why it is difficult to get a clear answer. This is all the more reason for people to advocate for a Single Payer Health System. Check out www.healthcare-now.org for the real explanation of what this means and it is not what people are referring to as "Obamacare." I'm not quite sure what Obama's plan is. A real single payer system only has about 4% in Administrative costs and the insurance companies are not running it but they could have a role in the distribution so they wouldn't necessarily go out of business; just stop being so greedy and if they have it their way, there is no end and no control over how high costs will go and who will be covered. They always find a way out to make you read the fine print. If you are bleeding or with great injury and at risk, I think most hospitals will not refuse to treat you and this is what ultimately we all pay for in some way or another and why our current health care is not practical in the bigger picture. Wouldn't it make more sense for everyone to have access to health care and there be some type of situation where we have a system where people pay perhaps on some sort of sliding scale according to their abililty? Why does someone like Warren Buffet, a billionaire in his own words, continues to ask why he pays the same taxes as his employees and get's a social security check of about $35,000/month which is chump change to him. If all the big CEO's and billionaires would just be willing to pay their fair share, we might have health and social services for all and not always receiving calls to volunteer and donate to help needy children, soldiers, fire, police and state troopers who deserve to receive help when they are putting their lives at risk everyday.. Taiwan use to have a terrible system and they studied all the health care systems in the world and came up with one of the best. Americans have to stop thinking that "socialism" is a bad word. What do they think Medicare is? Do you ever see the Tea Party screamers burning the Medicare cards? Bottomline, we as a country have to start thinking of our neighbor, friends and brothers...also realize that all politics are local and start speaking up and write letters to the people you elect who are suppose to have our best interest at heart and not just acting bi-polar and divided focussing on lobbying for the next election.
  10. I inadvertently and under great duress, sold my deceased mother's gold jewelry Friday night 7:30 pm Sept 2, and called **** LLC the next evening at 7pm and followed up with three e-mails with pictures and explanation of why I wanted my jewelry back and that I felt I was pressured and within my legal right according to a 72 hour Florida Law regarding buying and selling which I so far can't find online. Can anyone help me answer this question? Here is longer explanation of what happened. I am 62, alone and disabled being treated for chronic pain and depression. I was on my way to Home Depot with a young man who is helping me with my computer when I saw a store saying "We buy gold" and on the spur of the moment, I decided to stop and find out how much a silver bracelet was worth which I had recently received from some scam artist who owes me a great deal of money and I was in fear that he and his friends were scoping out my home and planning to rob me. In my purse, I also had my mother's herringbone gold necklace, two gold rings and two duplicate gold earrings and pendant left to me that I had been carrying around to figure out where to hide them and eventually find out what the value was as well. I went in with this young student who had just shown me a scotter he had no money for and he was without any transportation so I should have known he wouldn't have my interest at heart. I showed her two silver bracelets but soon I was showing her the gold and the saleswoman started pressuring to sell all these items in spite of telling her how I was still grieving for my mother and I really didn't come in intending to sell this gold and having learned the value, I really needed some time to think about it and that I have other scrap metal and old watches I would be happy to look through and bring in another day. She was so smooth with making new and better offers, it became so confusing and believe it or not, I was beginning to feel obligated to sell this since she had taken this time to test everything and tell me what it was all worth as a whole...never per each item other than the bracelet with the marcasite design which was only worth about $5.00 and I wouldn't be surprised if that guy stole it. Raysa would not take no for an answer and before I knew it, she had me thinking, "well, I'll keep the one ring that I would wear and might as well sell this before someone steals it and as I later wrote them the next day; I am depressed and upset, under doctor's care and not in my right mind. I can imagine that I was also thinking how I could help the young man but I told him not to assume this money would be for his scooter, but maybe he could work it off and I could help him that way. I'm sure he was not paying attention to my resistance to parting with this jewelry from my mother and looking out for his own interest since he knew I wanted to help him get a scooter. Raysa, the saleswoman, wrote me a check and I asked her for a receipt and she told me they don't issue receipts but she gave me their business card with three DWT weight and wrote the total amount of the check for $645 which BTW, had started out at about $400 offer originally. She had me sign three pieces of paper and as it was already half an hour past their closing time, I didn't have time to read the fine print and just signed them never seeing or hearing anything about how "ALL SALES ARE FINAL" By Saturday, I was just out of my mind with regret for selling the only jewerly that my mother wore for years and years; and how could I have let myself be talked into doing something like that when I was truly not desperate for money and had done no research on selling jewelry and now i have lost the only heirlooms that really had any sentimental value to me. By 7pm, I called them and left a message that I wanted me jewelry back. After leaving a phone message, I went on their website and read their policies which said nothing about "all sales being final" and how "There is absolutely no pressure to sell, and everything is explained in detail right in front of them...And yes, we remove gemstones! " Talking to Lauren today, I was crying telling her nothing is carved in stone and in the big picture, the jewelry means nothing to them and everything to me and my mother would be so upset that I would be so thoughtless to do such a thing. The saleswoman had told me the embedded diamonds pieces were essentially "worthless" and she couldn't remove them, and when I talked to them today, Lauren told me they have a video which I know can prove that regardless of their "policies" supposedly written on the door and on a paper I signed, everything was not explained in detail to me as stated on their website, nor was I given any business receipt . On Saturday night, I followed up with an e-mail explaining the situation along with seven pictures of my mother at various times wearing the necklace, earrings and rings plus the Jade pendant (which she did give me back the stone when I asked for it.) I called them twice today and the receptionist told me she never heard of the 72 hour law and couldn't do anything but tell me it is not melted for 15 days because it is checked for stolen property but that their policy is "all sales are final." "Lauren" said she leave all messages for her boss, **** and that I could probably reach him on Tuesday Sept 6 after Labor day and that quite probably he would tell me the same answer that "all sales are final. " While Laruen told me that they would mail me a receipt, I told her she didn't need to mail me one as I didn't receive it at the time of sale and to tell her boss that I would be happy to organize one of their "gold parties" and invite all the snowbirds and people who live in this mobile home park but to please just honor their online promises of being the most trusted names in gold buying... We pride ourselves on the relationships we've built with people like you so would they please just give me my jewelry back and I will return their check. Can anybody tell me if I have any legal right within the 72 hour law to have this jewery returned to me and give them back their check? Is there any value in trying to pursue this legally? This is very distressing that I was able to print this but not able to copy and paste into a do ...[Message truncated]
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