I'm afraid I got scammed

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If they were a real company (which I doubt)

I might get introuble if I cancell the check.

I'm confused........................................
 
Originally Posted By: talker
they saw an old man with a cadillac, and saw $ signs...

If I posted the name of the company, would I get introuble here at BITOG?


No, but sometimes disclosure of a case at law can have issues and implications.

Clue us in a bit more:

-was there anything given to you in writing prior to starting the job?

-Was there any invoice provided to you before/after you paid?

-Any business cards or things stating the location of the company?

-Did you sign anything prior to starting work?

-Did you sign anything after completion of work (besides your check)?

-Has your check been cashed yet? If so, where?


I would stop payment immediately. The worst thing that happens is that they sue you, which may not be worth their cost/time, especially if the job is not documented - they may well be a cash business and therefore taking more at risk in suing you (opens them up for questions on taxes, unemployment, etc.).

If it was a lousy job, the best you can hope for is to get your money back and then pay to refinish, reseal, or replace.

My parents did their driveway recently, and were told to NOT park on it for a number of days, and also to keep it wet. Worked out well and looks good.
 
Originally Posted By: talker
If they were a real company (which I doubt)

I might get introuble if I cancell the check.

I'm confused........................................


Don't worry about this "trouble". Seriously. Worst case is you can claim you thought terms were "30 days net" and pay within the 30 days. Cool off and talk to a lawyer.
 
Originally Posted By: eljefino
Originally Posted By: talker


If I posted the name of the company, would I get introuble here at BITOG?


I can't speak for the board, but NO! This will help anyone who googles Peter's [censored] Poor Paving in the future.


Mods, can I?
 
If they are a real company they can always contact you (or grandfather) to reissue payment or find out what the problem is at a later date.
Cancel the check!
 
Originally Posted By: talker
If they were a real company (which I doubt)

I might get introuble if I cancell the check.

I'm confused........................................


Why? Did you steal anything? Did you break the law? No, you have an issue. You report it to the authorities to document, and you cancel the check. they come back claiming they are in the right, then your gripe is documented, they can take it to court. The worst that then happens is that you are found wrong, and have to pay them in full plus interest and court fees - worth the hassle likely, especially if you are not working.

Of course you will have the job well documented, pictures taken of all the issues and problems, and then the question is your word against theirs. That is a tough thing to rule upon... which is why it is important for us to know what you have in writing.

It also is why, doubly so for folks not scheduled by you to perform a service, to have everything fully in writing and signed, on letterhead, before ever starting work like that.
 
Also get the law involved. Goes way smoother than a civil action, trying to sue them. The law can subpoena bank records like surveilance cameras of them (trying to) cash your check, the driver's license # used as ID for cashing your check, etc.

If they get arrested, (it could be for outstanding warrants or whatever) they will have their money impounded. They could pay you restitution as part of a plea agreement or who knows what. Call the fuzz while the case is hot!
 
By law, in Michigan we have what is called a "three day cooling off period" to protect people from unscrupulous or high pressured door-to-door salesmen. I wonder if this law can factor in to this case.

Pablo, I'm 53, and this is the first time I've heard of such a scam, so not everyone is on top of these things.
 
As others have said, cancel the check ASAP.

Immediately file a police report on this activity and claim fraud against the elderly (which it was). This is no joke and nothing that you should let pride get int he way of....explain that the company represented certain things and defrauded your grandfather out of money through false claims and intimidation.

Why is the police report important? Let me get into that.

Should ANYTHING come to pass, that police report will be a solid indicator that you felt defrauded immediately. The longer it takes to get filed, the less it appears genuine and the more it appears you weren't defrauded. It's also good evidence in case there are legal actions taken against either party.

Furthermore, if the worst comes and they've cashed a check for $10,000 (holy [censored]), you can use the police report when you call your grandfather's homeowner's insurance and tell them you were defrauded in your home. Your homeowner's will most likely be able to re-imburse you at least $1000, if not more.

Almost no one knows about that....I've had 2 family members get defrauded (about 10 years apart) out of between $1k-7k....both were able to get back substantial recompense. And it had no afect on their policy.

But it took a police report and evidence that they were, in fact, defrauded.

Good luck.

Joe
 
Originally Posted By: JHZR2
Originally Posted By: talker
they saw an old man with a cadillac, and saw $ signs...

If I posted the name of the company, would I get introuble here at BITOG?


No, but sometimes disclosure of a case at law can have issues and implications.

Clue us in a bit more:


-was there anything given to you in writing prior to starting the job?

-Was there any invoice provided to you before/after you paid? 1.

-Any business cards or things stating the location of the company? 2.

-Did you sign anything prior to starting work? 3.

-Did you sign anything after completion of work (besides your check)? 4.

-Has your check been cashed yet? If so, where? 5.


I would stop payment immediately. The worst thing that happens is that they sue you, which may not be worth their cost/time, especially if the job is not documented - they may well be a cash business and therefore taking more at risk in suing you (opens them up for questions on taxes, unemployment, etc.).

If it was a lousy job, the best you can hope for is to get your money back and then pay to refinish, reseal, or replace.

My parents did their driveway recently, and were told to NOT park on it for a number of days, and also to keep it wet. Worked out well and looks good.


1. just a contract

2. no

3. just contract

4.no

5. finding out...
 
talker, you seem a little timid about this case. Make sure you take action on some very good advice given in this thread. You (or yor grandfather) have worked hard for the $10K. You'll have to do a little more work to keep it.
 
Also if it helps convince you to call the cops, the add'l $7000 they squeezed out of you can be considered "strong arm robbery"-- they don't even have to show a weapon!
 
My I note, you've had informal advice from at least two attorneys in this thread. (I'm not one of them)
 
HUH?

When they SAID it was no more than $3,000, ******* WHY ******* did you pay them $10,000 ????????????????
 
Several years ago in my area Gypsies took a lot folks on the paving scheme. My guess is that's your problem as well.
Sorry.
 
Don't just 'work on getting the check canceled.'
Drive to the nearest branch and demand an immediate stop payment. (It's probably too late.)

I wouldn't count on much proactive effort from the police. If I were you, I'd tour the neighborhood and look for any other folks with fresh pavement. Organize and form up a 'posse,' with each member touring a local area searching for these jerks. When found, well..... 3 cars full of [censored]-off, baseball bat wielding, victims might 'convince' them to wait for the police to arrive. (Needless to say, you can't really wail on them unless they threaten you.)
 
Last edited:
Originally Posted By: tpitcher
HUH?

When they SAID it was no more than $3,000, ******* WHY ******* did you pay them $10,000 ????????????????


That's what I'm wondering. 3k should of been it.
I thought it was bad here in FL. I guess i was wrong.
 
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