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FormerLegalSecy

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About FormerLegalSecy

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  1. FormerLegalSecy

    Right to Cancel?

    Thanks, that's kind of what I figured.
  2. FormerLegalSecy

    Right to Cancel?

    My state has a 3-day right to cancel certain consumer contracts which I already know about. It is here: https://docs.legis.wisconsin.gov/statutes/statutes/423 My neighbor invited a home improvement company to his home to give him an estimate on replacing his gutters and installing gutter leaf guards. He haggled with the guy who was giving him the estimate and negotiated a price somewhat less than what the estimate originally was going to be. Then he signed a contract to have the work done. Now he's had a change of heart and wants to cancel the contract. He said the merchant didn't give him a notice of his right to cancel. I believe that it's because he doesn't have a right to cancel, at least not under the WI law cited above. He believes its because the merchant is crooked. I could be all wet. I'm not a lawyer. But I believe that because my neighbor called the merchant at the merchant's place of business to request an estimate, the fact that the merchant had to come to his home to look at it in order to give the estimate might not necessarily trigger the "right to cancel" because the transaction was not "initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer." I don't think the fact that they haggled over the price in the neighbor's driveway changes the fact that it was my neighbor who initiated the transaction by calling the merchant at the merchant's place of business. It would be great if I were wrong. Am I?
  3. FormerLegalSecy

    Possible Medical Malpractice?

    Sorry. Wisconsin.
  4. FormerLegalSecy

    Possible Medical Malpractice?

    A co-worker of mine had a colonoscopy 3 years ago at a younger age than usual because of a family history of colon cancer. They removed several polyps and wrote in the medical record that there was a "large polyp" that they couldn't remove during the colonoscopy. Then they told her to come back in 3 years. Meanwhile she was going to her own primary care doctor, a gynecologist, with increasingly severe pain and other symptoms. Often she was in too much pain to come to work, or had to go home because of the pain. She was tested for all kinds of gynecological problems and told to exercise, eat healthier, and reduce stress. When she went for the next scheduled colonoscopy 3 years later they found a large mass which turned out to be a tumor in the exact place where the "polyp" was that they hadn't been able to remove at her previous colonoscopy, and in the exact place where she'd been experiencing increasingly severe pain for the past 3 years. She underwent surgery for colon cancer last week and is awaiting staging info and treatment options. I'm no doctor but it sounds to me like somebody dropped the ball. Even if the colonoscopy dr. 3 years ago forgot to recommend more frequent follow-ups for the one they "couldn't remove," shouldn't her primary care dr, even if a gynecologist, have read the colonoscopy report and been a little suspicious about that "polyp" that they couldn't remove, especially when it was in the exact spot where she was experiencing pain, and when tests for other things like endometriosis and fibroids and ovarian cysts, etc., kept coming back negative? I mean, she's got enough on her plate now just dealing with whatever comes next, so I don't want to just cause her more stress. But I feel like at some point somebody ought to suggest that she talk to a lawyer. Am I off-base here?
  5. FormerLegalSecy

    Windshield Damaged Possibly by Storm

    Okay, off to go find the warranty. I know I have it someplace. Thanks.
  6. FormerLegalSecy

    Windshield Damaged Possibly by Storm

    My vehicle's windshield got damaged somehow (nobody saw it happen) possibly by a storm. I was staying overnight in a hotel -- on a work trip -- and the windshield was fine when I parked the car in the hotel parking lot. That night there was a thunderstorm that briefly knocked out the power and set off the hotel fire alarm (turned out to be a false alarm). In the morning I went out to the car and my windshield was cracked. According to the National Weather Service there was no hail reported, just thunder, lightning, wind and rain. I guess it will remain a mystery what actually cracked the windshield. I put in a glass claim with my insurance company and they will only waive the deductible if it can be repaired. If it has to be replaced, I have to pay a $500 deductible. The glass company recommended by my insurance company says it cannot be repaired but they will replace for $394, which is less than my deductible so I'd pay the entire cost. My dealership says it would cost 2x that for them to replace, but if I have the work done elsewhere it might void my bumper-to-bumper warranty. The windshield replacement itself is not covered by the bumper-to-bumper warranty. I asked why it would void my warranty and they said because the windshield is part of the structural framework of the vehicle. My work says it is not responsible for the damage to the vehicle. The hotel had a sign in its parking lot that said, "Park at your own risk," so I'm pretty sure the hotel won't pick up the tab, though I didn't actually ask. I did ask if they have a security cam in their parking lot and they said no. Am I right in thinking that basically I'm going to be out either about $400 + possibly my vehicle warranty (if I have the insurance company's auto glass folks replace it) or $500 + an insurance claim if I have the dealership replace it to avoid voiding the warranty? The crack is about 8" long and every auto glass place that I've talked to says that if it is "bigger than a dollar bill" it should be replaced. Any other angles to this that I ought to look into or questions I should ask before I fork out the bucks to have it replaced?
  7. FormerLegalSecy

    Pre-Tax Transit Plan

    Thanks. I do work for state government & I don't know why they're doing that either so I will spend some time this weekend reading up on the specifics & go ask some questions next week.
  8. FormerLegalSecy

    Pre-Tax Transit Plan

    I thought the allowable limit for pre-tax transit plans went up this year. But today we got this notice from HR: "Due to tax liability implications of the Tax Cuts and Job Act passed by the Federal Government effective January 1, 2018, [employer] will need to change your pre-tax payroll deductions for parking, vanpool, and bus passes. Starting with payrolls dated on or after June 1, 2018, these fees will be deducted on a post-tax basis for all [...] employees." I am confused. Did Congress do away with the ability for employers to offer a pre-tax transit account? I thought it went up from $255 to $260/month.
  9. Thanks, I use (and suggested that she use) the most highly rated firm in the recent reviews and I'm satisfied, including with its info security.
  10. I have an elderly relative in California who has always had a boutique tax preparation firm do her taxes for her. Years ago she used to own a home, own a small business, etc., and it was probably a good idea for her to have a knowledgeable tax professional prepare her taxes. Today she is single, lives alone, rents an apartment, doesn't own a home, doesn't own a business, doesn't have much income other than Social Security (she is drawing down a small amount of savings she put away over the years) and I'm guessing she can probably file either 1040EZ or maybe 1040A. But she still has the same tax firm doing her taxes for her, minimum charge = $400. 1) Does the tax firm have a fiduciary responsibility to inform her that she could probably get any help she might need for free now that her taxes are much less complicated than they used to be? Or is it "buyer beware" and they have no responsibility to suggest that her taxes are not complicated enough to need that kind of professional assistance at that price? 2) I tried to suggest that she try putting her own info into one of the well-known on-line tax programs and see how much she is able to do herself. The one that I use doesn't ask you to pay until you file, so if you get started and decide you're in over your head and you don't want to do it that way, you're not out any money. She said she didn't want to do that because then "they" (meaning the company that owns the software) will have all her tax info including her Social Security number. So here's my question: Don't professional Tax preparers also use software to prepare their clients' taxes? I mean, even if she pays her botique firm $400 to prepare her Form 1040EZ, my GUESS (which I'm trying to verify) is that they're not sitting there hunched over paper tax forms with pencils and calculators doing it by hand. I'm guessing that they also use tax preparation software. Yes or no? Thanks!
  11. FormerLegalSecy

    ATM dispute

    Yeah. No kidding.
  12. FormerLegalSecy

    ATM dispute

    But that was my whole point. If the transaction had been canceled I would have been happy. It was recorded as "completed" when it was not completed, because the machine, not me, still had the cash.
  13. FormerLegalSecy

    ATM dispute

    Oh come on. It is not just a personal opinion that cash needs to be able to be accounted for accurately during cash transactions with a bank.
  14. FormerLegalSecy

    ATM dispute

    Agree about checking position of cash dispenser before using ATM -- $200 lesson learned. I disagree about it not malfunctioning though. If it was programmed to retract the cash if not claimed within a certain amount of time, then it should have also been programmed to "cancel" the transaction, not register the transaction as "completed." In my opinion, unless the machine in question is a slot machine, it ought to be built/programmed to leave the customer undamaged in the event of a malfunction.
  15. FormerLegalSecy

    ATM dispute

    So... trying to think what a "reasonable person" would have done --- Put my ATM card back in the machine that had just malfunctioned & tried to make another withdrawal from it to see if it would give me my $200 back if I tried again? Stayed (in the dark...) in my car (outdoor temp was below zero) next to the ATM waiting for somebody else to drive up to it and then blocked their way to prevent them from driving away so I could knock on their window and ask if it gave them any extra money? Driven up to the drive-up teller window and reported the problem? I chose Door #3. Was that the wrong answer?
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