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Consumer Protection

Consumer Protection: Advice from The Bucks County Consumer Advocates

September 2008

Q. I lost my job and ran into some financial problems.  I missed a couple of my car payments and it was repossessed.  I had a few personal belongings in the car.  I called the loan company and they advised me that I could get the car back if I paid a large portion of the loan.  I am not sure that I can really do that at this time, but I would like to retrieve my property.  Can they keep my property?  P.T., Langhorne

A. The repossession company must allow you to retrieve your personal property.  Call the company and make arrangements as soon as possible.  Your lender only wants the vehicle and in today’s economy they would probably work out some options on the loan.  If you cannot work out a solution the lender can sell the vehicle.  If they only receive a fraction of what is owed you will become responsible for the remaining balance.  If you work a solution out with the lender make sure everything is in writing and that you understand the new terms.  Unfortunately there is very little that can be done after the fact.  We suggest that anyone who is struggling or having difficulty making a payment on any obligation contact the company immediately.  Most lenders and businesses are very much aware of the current economic conditions and will generally work with a consumer.  The most important thing to do is make a call before the payment is late or past due.  Most payments can be worked out but only if the consumer takes the first step. 

Q. My wife and I are newly married and we were looking to purchase a house.  I had no idea just how bad my credit was until we were denied.  I have been looking at how I can clean up my credit and I found a couple of companies that state that they can clean up bad credit for a fee.  Have you heard of any such companies that can do that?  N.W., Bristol            

A. If these companies tell you they can clean up your poor credit, they are lying to you.  There are no quick or easy cures for a poor credit history.  There is a brisk business among so-called “credit repair” companies that charge from $50 to more than $1,000 to “fix” your credit report.  In many cases, these companies take your money and do little or nothing to improve your credit report.  Often, these companies just vanish after you have given them your money.   Your credit history is maintained by private companies called credit bureaus that collect information reported to them by banks, mortgage companies, department stores and other creditors.  These credit bureaus can legally report accurate negative credit information for seven years and bankruptcy information for ten years.  Accurate information that is in the above time frame cannot be erased from your credit record by companies advertising “credit repair” services, so save your money.  In fact, you can do anything a credit repair company can do for free or for only a few dollars.  The first thing you need to do is get a copy of your credit report, which you can do for free by calling 1-877-322-8228.  (Your Social Security Number WILL BE required).  Review your credit report for any mistakes or information more than seven years old, or ten years for bankruptcy.  Notify the credit bureau of the problems and provide as much information as you can about the disputed items.  The credit bureaus must, at no charge to you re-investigate the disputed information.  It then must correct any mistakes or delete any information it cannot verify.   You may want to also contact the creditors directly to ensure that the creditor’s records are correct.  If you have any questions please contact Bucks County Consumer Protection at 1-800-942-2669.        

Q.  My mother who is a senior citizen received a call from a company claiming to represent a medical equipment company.  They told her that she was referred to them by some of her friends and that they would like to send a specialist out to her home.  My mother does require a walker but already has one.  She told them not to bother her but the caller was extremely persistent and kept pushing for an appointment.  She finally just hung up and has not received any other calls.  I am sure it a scam, but how can someone who has a real need for equipment protect themselves?  J.F., Riegelsville

A.  Unfortunately there are scam artists that pose as medical equipment representatives and it is not uncommon for them to set up shop for several weeks in areas where senior citizens gather.  The specialist is the tool used to gain access and usually advises the client that Medicare will cover everything they need, so there is no out of pocket costs.  If anything does arrive it is usually junk and the company and phone number are gone.  A larger concern is that the specialist may ask for personal information and insurance information using the ploy that the company will submit your claim.  If anyone really requires durable medical equipment there are basic guidelines that need to be followed.  Your doctor has to authorize the equipment with a prescription, so any company offering equipment and questioning the need for a prescription should be a red flag.  Legitimate medical equipment companies do not cold call or show up unexpectedly.  Your doctor can usually identify a medical supply company that is reliable.  Medicare has a hotline that can answer questions about eligibility and cost of devices.  Their toll free number is 1-800-633-4227 and the website is www.medicare.gov. 

Q.  I purchased a phone that came with a rebate for $10.00.   I sent in the required information to the address on the form.  It was returned to me by the post office with a notice that the P.O. Box had been closed.  The paperwork had been damaged in the mail and was returned to me in the post office’s plastic bag with the note.  I called the phone number on the form which directed me to a website for the company.  This did get me to their customer service person.  I e-mailed her explaining the problem and she gave me another address to re-submit the paperwork.  I sent it all in including the note from the post office, explaining why it was past the deadline.  So far I have not heard from the company nor did I receive my rebate.  On June 1st I e-mailed the customer service person again and I have not received any reply.  Is there anything that can be done?  K.P., Bristol  

A.  Bucks County Consumer Protection mailed out a consumer complaint and will try to mediate for the refund.  We would like to let consumers know that sometimes rebates can be more trouble then they are worth.  So don’t buy merchandise just because it has a great rebate.  The instructions have to be followed very carefully.  Usually the company will ask you to send the original UPC, sales receipt, and the rebate form, and there may be other instructions as well.  Make sure the instructions are followed, because if one thing is missing or you send a copy instead of the original when they ask for it the rebate would be voided.  Make sure you make copies of everything you send in. It would be the only proof a consumer has if the company states there was a problem with the information.  Also, in most cases the paperwork must be sent to the manufacturer or retailer with 30 days of purchase.  (Check your time frame, they can vary).       Contact the company if the rebate doesn’t arrive within the promised time frame.  It would probably be best to contact them in writing and also keep a copy of the letter.

Department of Consumer Protection /
Weights and Measures
Michael D. Bannon
Director
50 North Main Street
Doylestown, PA 18901
Phone: 215-348-7442
Fax: 215-348-4570
Canny Consumer Hotline 1-800-942-2669