Suing for Fraud and Harassment

[Metie]

What is the name of your state (only U.S. law)? Colorado

Q: In haste, I signed paperwork for a an assisted living apartment for my mother. Copies of the paperwork were not available to me due to the copier being broken (or so I was told). As I signed the forms I did not see anything alarming. However, three days later I found out that the facility has numerous police calls each week for employees stealing from the residents. I personally drove down to the facility and canceled the apartment. I requested information again and was told that no one of that level was on the premises to provide documents to me.

One month later I received a $400 bill for "setting up" the apartment. Before I could call or make any payments, a second bill was mailed and with a charge of $650, $250 of that was for interest. They ignored my letters and continued to charge $250 a month for interest.

Do I have a legal right to sue them for Fraud, based on them telling me the facility was safe, & harassment for the bills?

Thank you for your time.

 

[Antigone*]

It is your right to sue for whatever you want. Whether or not that suit has merit is another question.

I wonder why you didn't do your due diligence and investigate this place before your signed the contract. Once you signed that contract the apartment set aside for your mother was no longer availabe for rent. It is reasonable for them to ask you to pay a fee for the cancellation of the unit.

I also have trouble with the "harrassment" claim you are making. The mere fact that they are trying to collect on a debt does not consitute harrassment. If in fact they are charging you $250.00 a month ~ that is an issue.

 

[Metie]

Wirelessany1

Clearly you don't have elder parents in which you are sole financially and medically responsible party; yes I was negligent in not following my due diligence. Under the circumstances, which I will not discuss here, I needed to get a placement for her immediately. I do take responsibility for that issue, and I have no problem with them charging a small fee. I have a problem with them charging $250 per month for interest. That's 62.5% interest and that should be fraud.

The harassment stems from them not responding to any of my correspondence and wanting to discuss this with them. It's called good business.

I take responsibility for my actions, but I do expect them to take on responsibility as well. In fact, most places have a 3-5 day clause that allows cancelation without any fees. I clearly was within this time frame.

I'm not really sure how this website works, but if you comment about village idiots was directed towards me, then you are the most ignorant individual that I have every had the displeasure of communicating with. I hope you never end up in having to be a caretaker for an elderly parent...you wouldn't be good at it.

Get rid of the sarcasm, it’s too bad these snuck in because you are clearly intelligent and have good points. But when you have sarcasm you negate you intelligence.

 

[Antigone*]

Wirelessany1

Clearly you don't have elder parents in which you are sole financially and medically responsible party; yes I was negligent in not following my due diligence. Under the circumstances, which I will not discuss here, I needed to get a placement for her immediately. I do take responsibility for that issue, and I have no problem with them charging a small fee. I have a problem with them charging $250 per month for interest. That's 62.5% interest and that should be fraud.

You are right Metie, I don't have elder parents that require long-term care, but I do have a 17-year old in that situation. I made sure that I researched and did my due diligence on several facilities prior to making my selection

I did say that there is a concern with the amount of "finance charge" (if that is how it is termed on the invoice) $250 is usury and needs to be addressed. It is proper for them to charge you a cancellation fee; and it is proper for you to pay it.

I'm not really sure how this website works, but if you comment about village idiots was directed towards me, then you are the most ignorant individual that I have every had the displeasure of communicating with. I hope you never end up in having to be a caretaker for an elderly parent...you wouldn't be good at it.

The comment about village idiots is a tag line and not directed at anyone in particular. You didn't like the adivce I gave you, sorry to hear it but I stand by it.

In so far as your hopes, I do need to tell you that I give care to my daughter every day. I exercise her, I bathe her, I brush her hair and her teeth. I read to her and sing to her as any good mother should. I don't know if she sees me, or if she hears me; but I feel her and I love her.

So if you made a mistake with choosing your parent's long-term care facility then handle the situation by paying the $450.00. In your letter to the facility state to them that the amount of interest they are charging you is usury and that if they continue to seek further damages you will take your own legal action.

As for your future plans for your parents. Make sure you know everything about where you want them to be prior to signing anything. Because once you do, you are just as commited to them as they are to you.

take care, ana