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Dear Leonard: Saying 'No' Isn't Always Enough

Dear Leonard,
I'm 66 and living alone.  I've been doing quite well handling the many chores to maintain my property.  Last month a man rang my doorbell and told me that my trees and hedges needed to be cut back.  He said that he just completed a job on the next street and since he was there he would be happy to do the job now for $600.  Even after saying no countless times, he started the job.  After a number of hours he said the final price would be $1100.  I was stunned by the high bill, but felt obliged to pay the man and wrote out a check for $1100.  I called my son a few days later who advised me to stop the check.  I called the bank and they told me the check had already been cashed.  Is it too late to do anything now? - FLL, Arlington, VA

Dear FLL,
After clearly telling this person "NO" to his offer of services, he should have left your premises immediately.  You signed no contract with him; in fact, you didn't even have a verbal agreement.  This man remained on your property and began work even after you told him you were not interested.  I contacted my local police department's fraud section.  They suggested that as soon as you saw this man cutting your trees, you should have called 911.  He was guilty of trespassing on your property and the police would have asked him to leave immediately.

Here's what you can do now: You or your son should try to track down this landscaper and request immediate restitution in lieu of being slapped with a trespassing charge.  If this is not forthcoming, you might advise him that you will pursue the matter with the police department's fraud section.  Readers confronted with similar situations are urged to call their local police. 

Leonard Burchman is president of Voice of the Elderly (VOTE), a private, non-profit organization that works to protect seniors from scams. If you have a question about a suspected scam, send it to "Dear Leonard," The Social Security & Medicare Advisor, 4688 Spotswood Trail, Barboursville, VA 22923-8909. Or you can e-mail Mr. Burchman atLeonard@newsletter.tscl.org.  Please do not send Social Security numbers or Medicare Explanation of Benefits Statements.

If you would like to read another more on scams to be aware of, check out another Dear Leonard column and click here: http://www.tscl.org/newContent/101212.asp

November 2001


This article first appeared in Volume 6, Issue 11 of `The Social Security and Medicare Advisor` newsletter (November/December 2001). To receive future editions of `The Advisor` in its special, free e-mail version, please click here.


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