She thought she paid $91. Contract says 48 hour right of refusal, but I didn't catch the sale on her bank account until 9 days later. Vacuum company refuses to take it back! What can I do?
Serenamcn, I hope that your cousin finds the best place for her. I know a facility can seem so frightening, but they can be such a blessing. Encourage her to get involved in her new community and she will adapt, even if she doesn't want to go, if it is what she needs she will eventually get over her mad. Making her room comfortable for her and joining her in activities to start the ball rolling is helpful as are cupcakes😀
Really pleased to hear that your cousin will be getting her money back - please could you just tell me what BBB is, still catching up on US acronyms :)
Apparently they understand what a bad review from the BBB is able to do to there ability to do business. I am happy that your aunt is getting her money back.
Can they fix the vacuum that was sold with a promise of lifetime usage?
Serenamon: Even though 9 days have transpired, see if you can apply a stop payment on that check! Explain the entire situation to the bank that the person writing the check is an elder (and shouldn't be in control of any more check writing, btw) and they may be more inclined to help you through this mess.
It looks like they go by the name of aerus electrolux now. Web site states only sold by authorized stores and independent sales people. Another company to look out for is kirby, just the phone calls soliciting a demonstration are high pressure. Took a threat of contacting attorney general for them to stop calling daily. Sorry to hear your cousin was taken by the repairman.
Call Ombudsman's office for your area. Call the state representative for your area. Call a news station that has an investigative reporter. They will get you results.
Most communities have a consumer advocate as part of the local news station. Call them. Often, a company will do the right thing, rather than getting a bunch of bad press.
You should attempt to work with the financial institution that the purchase was made from, i.e. credit card or debit card issued via that bank. They may work with you, especially if you've been a long-time client. This is elder abuse and companies target elders.
Ah, Consumer Law. Check out the revised code in your state and see what it has to say and if there is something about taking advantage of someone's mental capacity...is the memory issue obvious? That's one idea. The other is to let them know you'll be contacting the local consumer radio at your local TV station to investigate...
Something similar happened to my mother with a home security company. We called the company and did not get refunded. I contacted my mother's charge card company and explained the situation. They were great and immediately stopped payment. Additionally, my brother wrote our state's Attorney General with the details of situation, including my mother's dementia diagnosis. The Attorney General's office investigated and sent a letter to the company and to us. We were amazed. Good luck.
I have something to add. Find out who/where the top person, i.e. CEO of the company is located. Send a very detailed letter with all facts and figures. Threaten to sue the CEO personally and also threaten to sue the company as a CLASS ACTION SUIT. Tell them if they did this in this instance, they most likely have done so to other people. Also speak with an attorney. Many years ago when I first became a Power of Attorney, my client was badly wronged and I fought and fought to no avail - until I wrote a registered letter to CEO that ONLY he could sign as having received - no one could open the letter but him that way and intercept it. Well, I won, got $l00,000 back and won a lot more before I closed the case. It takes work, time and dedication but rest assured, the little guys CAN WIN.....I DID!
Contact the bank or credit card company and tell them what happened. Tell them they are NOT to release the funds - you are not going to pay it. If it has already been taken out of the account, then contact the Better Business Bureau and also an attorney. There may also be a state Attorney General who might be able to help you. Another possibility is to contact your state senator and assemblyman as often they can help. Or you might have to get an attorney to sue them.
I would just love an update on this situation. Have you tried any suggestions and has anything worked. I believe that the case would go against them in small claims court.
I sent an email direct to the owner of the vacuum shop (no response), I sent an email to ElectroLux corporate office (no response). I contacted the BBB and they have opened a case number and sent a notice to the owner. Next steps : sending a certified letter notarized. Then an elder abuse hotline number. I'm still pissed...
In reality APS is there for the serious abuse typically something involving the physical well-being of an elder. This is a consumer law situation. APS will do nothing, they have enough to do without this even though I so agree about this being exploitative.
If possible, take the credit cards and check book. She may not even miss it. Apparently she is incapable of handling money. That sure is a lot of money for a vacuum cleaner.
Christopher Elliott is a Consumer Guru. He has a website and writes for several newspapers. He has a team that works on problems such as this, when they feel they can do some good. It is a free service, and he also shows names and addresses of CEO's and higher-up's who one might write to. He always suggests paper trails, which it sounds like you're doing. He has helped me in the past with a consumer issue, and you may wish to try using him and his team.
Let me play devils advocate here. To be fair she invited the repairman into her home. They did not come knocking on her door. This could also get turned around on you - if you had concerns about her ability to handle her finances and you have her POA because of this, then why didn't you do a better job of making certain she could not get taken advantage of in this way? Remove the checks? Only give her a credit card with a certain limit? As consumers and caregivers we cannot have our cake and eat it too, we cannot say "Oh, I want Aunt Mary to live at home as long as possible and she will pitch a fit if I take her checkbook so I don't want to deal with that right now" and then complain when she uses her checkbook. This is why businesses get tired of dealing with elderly consumers and their families and make it so hard. To you it is a one time thing, to them it is a daily occurrence. If you question someone's cognitive status just because they are elderly you are accused of age discrimination and ageism - if you don't and treat them the same as other customers and respect them as adults, you get accused of fraud.
For for your own bank account, or if you are managing or overseeing someone else's, most banks today have the ability to notify you, by text or automated phone call, about a transaction that exceeds a certain amount of money, so that you can authorize it or deny it.
It's it's generally an option you must sign up for, but typically there is no charge for the service.
They may not know about a check if it is given to a merchant they deposit the check into their account then it is processed. It might take a few days. (And if they have a time limit on a return they may "play" with the money a bit longer.)
My Husband purchased a lawn mower, a rider. I will admit that we needed it but he..and this is the first time he EVER did this..purchased an extended warranty for it. I went back to the store and told them that legally he had been diagnosed with Dementia and that he was not able to enter into a contract as he did not understand what he was doing. They did void the warranty. Although I did threaten that I could probably have the entire sale voided.
My suggestion to you is contact the company and tell them that your cousin was not legally able to enter into a contract. They may claim that the salesman is not able to "diagnose" or "recognize" a person with a cognitive decline but if you can point out some of her "idiosyncrasies" it might help. (In my Husbands case I pointed out to the salesman that the temp was 90 degrees F and the man he sold the mower and warranty to probably had on a leather coat, gloves and a hat..he agreed that it did seem odd)
Another piece of advice that you did not ask for...Your cousin probably should not be left home alone. I hate to say it but she is lucky that all that happened is that she was sold a vacuum cleaner and she was not harmed physically. I would also check to be sure that she has no cash lying around in the house and that all valuables are placed in a safe. (The safe can be there, I would have it bolted to the floor and I would not leave the combination around)
Another good way to get a response is Social Media. If you post a lot or know someone that does this is something that people will pass around and get angry over. All they see is a Big company taking advantage of someone.
Threaten to contact BBB, write reviews on yelp, Internet, contact parent company, contact local consumer protection (and elder protection) agencies and if the buyer is (clearly) impaired take the seller to small claims court alleging fraud.
I know its no help but I find this mind boggling - we just don't have these sort term return dates in Europe - here its a standard 30 days changed of mind (provided not used) up to 1yr for break down and no time limit on not fit for purpose. Plus in UK we have a nationwide assistance body based in just about every town which will refer cases like this FOC to national trading standards body who will not only sort but have company trying to jump as high as possible to sort things our. I can only wish you luck with whatever consumer rights departments you do have, and totally agree with approach SFdaughter suggests - I don't know if it makes a difference in US if one is going to write a letter like she suggests whether you have used company complaint procedure first - again that is something we would have to do here, and they have to publish it - I'm sure plenty of others will know whether that is necessary or advantageous in US.
Go to the FTC. 1 877 382 4357. Especially, with the situation, I'm sure they will help you. This is elderly financial abuse. A scam. You will need the information you are reporting. This is for Pennsylvania. If you do not live in Pa., look up elder financial abuse.
Threaten a lawsuit if they don't return payment immediately. Start out over the phone, asking for the name and address of their attorney. You might want to write out a short but legally scary explanation of what their company did to an unsuspecting, mentally addled woman who is not in charge of her own finances, and how they refuse to rectify the situation before you call. It will make you come across as cool, calm, articulate, and big trouble for them. I find that complaining calmly and rationally usually gets you what you want. Just don't give up or settle for anything less than a full refund.
This is plain & simple elder financial abuse. Repairman, not vacuum cleaner salesman! Just because she invited him in, shouldn't make a different. The lousy people are praying on the elderly & it's well known & a disgrace!!
I see that you have POA for the cousin. I would think that an appropriately worded letter from your attorney stating at the transaction was unauthorized by her POA may let them know you’re not going away. Our lawyer loves to do little diddly fun stuff like that for us and there’s no charge.
Can they fix the vacuum that was sold with a promise of lifetime usage?
Also put up a post on the Facebook page. https://www.facebook.com/ElectroluxUS/
Next steps : sending a certified letter notarized. Then an elder abuse hotline number. I'm still pissed...
It's it's generally an option you must sign up for, but typically there is no charge for the service.
My suggestion to you is contact the company and tell them that your cousin was not legally able to enter into a contract.
They may claim that the salesman is not able to "diagnose" or "recognize" a person with a cognitive decline but if you can point out some of her "idiosyncrasies" it might help. (In my Husbands case I pointed out to the salesman that the temp was 90 degrees F and the man he sold the mower and warranty to probably had on a leather coat, gloves and a hat..he agreed that it did seem odd)
Another piece of advice that you did not ask for...Your cousin probably should not be left home alone. I hate to say it but she is lucky that all that happened is that she was sold a vacuum cleaner and she was not harmed physically.
I would also check to be sure that she has no cash lying around in the house and that all valuables are placed in a safe. (The safe can be there, I would have it bolted to the floor and I would not leave the combination around)
Another good way to get a response is Social Media. If you post a lot or know someone that does this is something that people will pass around and get angry over. All they see is a Big company taking advantage of someone.
Threaten to contact BBB, write reviews on yelp, Internet, contact parent company, contact local consumer protection (and elder protection) agencies and if the buyer is (clearly) impaired take the seller to small claims court alleging fraud.
If no refund is provided, do all those things.