If you’ve seen a newspaper over the last few days you would think President;s Day is the only time to buy a car. I have always wondered, if they are so excited to sell us a car during this time, and insist it is the best possible deal, then how desperate must they be to sell the remaining cars the next day? Personally, I have always thought the week after President’s Day was appealing for car shopping. But, then again, you’ll never see me in a grocery store onthe eve of a storm. I’d prefer to starve to death. But, I digress.
So, if you bought a car over the last few days, there are some things you should know:
First of all, I hope you really like it because if you signed the paperwork, it’s a done deal. Contrary to what many people think, there is NO 3-day right to cancel. A signed contract is a done deal, unless you legitimately have problem.
For example, if the salesman tells you something about the car which is also denoted in the contract, and you discover an error after you take possession, you can returnthe vehicle immediately. If you can’t work it out with the dealer, you have the right to officially reject the car (or truck)
If you have problems with the car, new or used, you do have rights. It’s the Lemon Law for new vehicles…. The Lemonaid Law for used. Both laws also apply to leased vehicles.
Again, car laws apply to cars and trucks only. Mobile homes don’t apply, nor do ATVs.
If you have problems with those vehicles, the best thing to do is call me.
Here are the links for the state lemon laws

http://www.mass.gov/?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Autos+and+Transportation&L3=Lemon+Laws&sid=Eoca&b=terminalcontent&f=the_new_and_leased_car_lemon_law&csid=Eoca

Pot hole damage

If you are a regular reader of this blog, and I hope you are, you know I have written about pot hole damage and who pays, before. You know, if your car is damaged on a state owned and operated road, you are on your own. As Jack Harper reported tonight .. there is no law forcing the state to be responsible. But, not so cities and towns .. and, as a matter of fact, some will reimburse you.
If you lose a tire or suffer any damage to your car the result of a pothole the first thing to do is call them local police. Even though they can’t help you file a claim, they can make a record of the hole and follow procedure for getting it filled. They can also tell you if the road is maintained by the local municipality, and, if it is … your next call is to the city or town hall. The clerk’s should be able to direct you to the office responsible for taking your claim. Usually, its the Alermen or Board of Selectmen. You’ll likely have to write a letter and submit a bill, and re-imbursement could take weeks, depending on how often the governing body meets, but, it’s the only chance of getting help for a situation that you didn’t cause.
Good luck and happy motoring.

Many of you may be intrigued by today’s news about the liquidation sale at Alpha Omega. Even if you’ve never been in one of their stores, you’ve probably seen either one of their billboards advertising expensive Rolex watches, or magazine ads with local celebrities flashing fabulous jewels, and you’re thinking you’ll be able to get that kind of merchandise really cheap. Think again.
Jewelry is a blind item. It’s sometimes hard to know what you’re buying.
I haven’t been to any of the stores yet, but I highly doubt they have cases full of Rolex and other big name watches or diamonds at greatly reduced prices. It’s a lot more likely what they have is shiny gems, with price tags that may or may not reflect their true worth. You are no longer dealing with a local merchant, whose name you know. You are dealing with a liquidator who has possibly taken the original Alpha Omega stock and, if not replaced it all together, perhaps combined it with stuff that may have come from .. well, use your imagination.
Here’s the point: you may not know what you are buying. It may not be the quality you’d expect to find at Alpha Omega before it’s owner disappeared and there were reports of millions of dollars in missing merchandise. And there is no way to check.
So, yes, go to the liquidation sale .. but, with a realistic attitude .. and don’t buy something just because they say it’s a good deal. If it doesn’t have a brand name and a price tag you can check elsewhere .. you really don’t know what you’re buying. Don’t forget that!

Credit consolidators and counselors

Who hasn’t noticed that it costs more for everything these days? Gas, of course…but even eggs, fresh vegetables … snow removal .. everything. And you may be one of the many people I talk to everyday who are having money problems, asking about credit consolidators and services.
There are so many scams out there, it’s easy to be tricked by great sounding promises made by people who only want your money. So, I have compiled a list of things that should set off the scam artist alert when you are thinking about signing on with someone or thing that calls itself a consolidator.

DON’T PAY A LARGE AMOUNT OF MONEY UP FRONT TO GET STARTED
I don’t care why they say you have to; whether they call it an initiation fee, an escrow account..whatever. I call it a rip off and a sure bet that you will lose whatever you give them.

DON’T SIGN ON UNTIL YOU KNOW WHAT IT COSTS
Some companies are so busy making promises about things you want to believe, they don’t tell you the ultimate cost. ASK!! And, if they offer a program for “X” number of dollars for “X”number of years, do the math. $10.00 a month may not sound like much .. until you find out it is for the rest of your life. Besides, most legitimate companies charge on a sliding scale…depending on what you can afford. It’s not usually a flat fee. And they are usually non-profits, trying to be part of the solution, not the problem!!

DON’T BELIEVE ANYONE PROMISING TO CLEAN UP YOUR CREDIT
They can’t. If it’s bad, it’s bad and, by federal law, will stay bad, on your record, for at least 7 years. Bankruptcies, longer.

DON’T AGREE TO A LOAN FROM A CONSOLIDATOR
They rarely have the best terms and conditions and usually charge usurious fees. If you are considering a personal loan to consolidate your credit, go to your local neighborhood savings and loan institution, or credit union..they have the best rates and will usually do whatever they can to help.

GET HELP LOCALLY
There are several good services in Boston and Cambridge, with satellite offices around the state. (You can find them on-line and in the good old phone book.) You want to be able to actually see the people to whom you are giving all your personal information, money and trust

Finally, if it sounds too good to be true …. call or write to me first.
swornick@hearst.com

Maybe it’s the weather, maybe it’s the economy, but I am hearing from a lot of people who are thinking about selling their time-shares, asking where to turn. Or course, to me! No, I can’t buy your time-share. But, I can tell you how to protect yourself from being ripped off.
Here are some basic guidelines.
DO:
Check your original contract or bill of sale. There may be buy-back provisions from the original marketing company. The rate of return may not be what you can get on the open market, but, you may have an easy solution.
Check with the resort office at your property. They may know of people trying to buy in. Or they may act as your agent.
Check nearby real estate agencies. Not all handle time share re-sales, but, some do. It’s worth asking.
List your property yourself.. but, if you do, be prepared to hear from scam artists who’ll make wild promises who will demand payment up front, first. Don’t do it. I have never … EVER … heard a happy ending to a story about those guys. Paying up-front is not how legitimate agencies operate. Legitimate agencies take their commission at the time of the sale.
And here are some other DON’T-s:
DON’T believe anyone who says they have hundreds of potential buyers. They don’t. There is not a huge market for time-share re-sales. Ask anyone trying to sell one.
It’s okay to pay money to list your property in a book, mass mailing, or any other publication, but, DON’T pay ANYONE a large fee, up-front, because they promise a sale. I don’t care what they claim they need the money for; marketing, fees, taxes.. Whatever they call it, I call it a rip off, and money you’ll likely never see again. As I said, this is not how legitimate companies operate .. demanding pre-payment.
If everything fails, and you can’t sell your time-share, you might think about giving it to charity. Seriously, there are many good causes which could auction it off at their next event, bringing in big money for them, and possibly giving you a tax deduction, not to mention a great feeling. It might not be the same warmth you feel on the beach near your property.. but, it may be better… Because it’ll be in your heart.

It’s 65 degrees and sunny. Amazing. On a day like today, a joy ride seems like a good idea … right up until the time you’re jolted back to reality by the thud of the tire that has just clipped a pothole and likely exploded right there on the spot. If you’re lucky, it’s just a flat .. but, more than likely .. you’ve lost your tire and dented, if not demolished, the rim .. and you’re livid. I don’t blame you, I mean .. why is it such a big deal to fill, or at least flag, potholes? I don’t have an answer. But, you may have recourse. ‘May’ is the important word here.
You may be surprised (if not outraged) to know there are no laws pertaining to potholes. Nothing in our state constitution protects us from bad road construction. Nothing in any city or state charter spells out what to do or who to call. It’s mostly on a case by case basis, and it depends on where it happens.
If you hit a pothole on a state-owned road, you’re completely on your own. Mass Highway has never been known to pay claims for damage caused by potholes. Period. You can call your state rep, but, you may find only a sympathetic ear. There’s no process for even filing a claim to the state.
Happily, the news is different if you’re on a street that is owned by a city or town. Even Boston. In those cases, at least you have a chance to file a claim and, who knows, perhaps be reimbursed. Most communities request something in writing, along with a copy of the repair bill. Then, it goes to whatever board is assigned to deal with such matters and, if you live long enough, you’ll hear back. I’m sorry. I shouldn’t be so sarcastic. It isn’t fair. Only once did I hear from a consumer who, in a town that shall remain nameless (okay, Framingham), was still waiting for repayment of her $375.00 tire and rim replacement 3 cars after it happened. I think the town fathers (not mothers, they wouldn’t do this) were hoping she’d go away. You’d think they were offering rebates.
But, I digress.
Essentially, if you’re driving around town and hit a pothole that causes damage, call the local town hall to find out who owns the road and how to proceed. If you discover it’s a state road, just leave the car there and walk home.
Enjoy the weather. And, if you are in New Hampshire, don’t forget to vote.

Happily, it’s warming up more and more every day, with our staff of meteorologists in complete agreement that by mid-week we’ll be needing sunblock. I heard J-C say it will be 55 by next Wednesday, which is especially good news considering the price of home heating fuels, which is the subject of this blog.
As you know, oil hit record highs of $100 a barrel this week, and consumption isn’t decreasing. So, here we sit, chilly, at the mercy of the oil rich countries, and more immediately, our dealers.
But, don’t blame them. Seriously. Most of the dealers I know are family owned companies run by hard working people tyring to lessen the burden on customers as much as possible. Their costs are also going up. They have few options other than to pass their expenses. But, that could actually be good news for you. You may be able to lower your bill.
Unless you have a signed contract, specifying the price you will pay this season, it is always a good idea to appeal to your company for help. Really, ask if they will reduce your rate. They may. You have nothing to lose by asking. And, even if that isn’t possible, they may set you up on a budget, payment plan, or defer your costs over time. Either way, it may make paying for your heat a little easier.
Something else I want to mention: if you do have a signed contract with your heat provider… they have to stick to it, regardless of the escalating going rate. In previous years, we’ve heard about companies trying to ignore their deals. They can’t. A contract is a contract, and, unless there is a “fluctuating cost” clause, in which the price can change within a range, it has to remain the same.
So, I hope this helps. If it doesn’t .. and you still need assistance, call your State Representative, who should have other ideas and programs that may be useful.
Have a good weekend. They tell me the skiing is great. I’ll be at Homegoods..

Alpha Omega

And, another local business bites the dust.
Well, hopefully, not exactly..though, as you’ve undoubtedly heard, the once prominent Boston area jewelry chain Alpha Omega has filed for Chapter 11 bankruptcy protection. They’re scrambling to find someone to buy the inventory and keep “business as usual”.
So, what does this mean to you? Well, if you have a store credit, order or gift card, it means you need to get in to the nearest store ASAP to cash out.
While the lawyer handling the procedure for the owners, the Handa family, told me they will continue to honor all of the above, I am always concerned that consumers could lose out in these kinds of tenuous financial situations. Why take a chance, use whatever it is you have as soon as possible.
What has happened here is unfortunate. Alpha Omega was a good company. I never received complaints from unhappy customers or employees. It was the kind of business I admire: locally owned and operated by a philanthropic family that regularly donated goods, services, cash and even their own time, to causes we all care about; everything from breast cancer research to feeding homeless children.
So, what went wrong? It’s clear the Handas tried to save the business as best they could over the last many months. They were apparently mortgaged to the hilt by bankers who trusted them. But, maybe, despite their best attempts, they were just too over extended and simply couldn’t sell enough Rolex watches. I refuse to think there was anymore to it, unlike other companies that sell gift certificates and give credits even hours before they know they’ll be closing their doors forever.
There have been several newspaper reports alluding to family’s sudden and unannounced return to their native India. Their lawyer told me it was necessary, for health reasons .. but, I have to admit, that sounds a little fishy, given the circumstances.
I honestly don’t know what to think .. but, I can tell you this, I wouldn’t be a bit surprised to hear that the Handas were simply embarrassed. Good people, in situations like this, often are.
So, Mr. Handa, if you or your attorneys happen to see this, please know we all wish you well, we hope your health improves to the point that you can return to Massachusetts, and tell us what the heck happened. We trusted you, and liked you a whole lot better than some of the others.

Merry Christmas. I am working for a few more hours and didn’t want to leave the building without a few thoughts on what I hope is a wonderful time for you.
I know many people hate this time of year. I am not one of them. I love the holidays. Any holidays. But, I especially like Christmas because now that I am an adult, I can celebrate it as I choose, and don’t need to worry that Jews don’t have trees. This one does.
Anyway, if you get gift cards tomorrow, please try to use them by Wednesday. I am not kidding. There are so many reasons I don’t know where to start, so I will simply remind you:
A gift card is like cash: lose it and it is gone forever.
Some gift cards, like from Simon Property Malls and gas companies, lose their value if unused over time (something still unresolved despite a years-long federal court battle by our Attorney General’s office) so, you don’t want to lose out that way.
And, finally, who knows where the store will be Monday. Seriously, with so much bad financial news lately, you don’t want to find out the retailer to which you hold a $100.00 gift card filed for bankruptcy while you were sleeping, deeming your card worthless. In such cases, it doesn’t matter that state law says a gift card has to be good at full value for 7 years .. you are cooked.
As you may have guessed, I am not a gift card fan. What ever happened to cash?
Merry Christmas and, because I will be away from a computer for the next several days .. Happy New Year!

An open letter to the CEO of Sears

After doing two recent stories about Sears and their hundreds of unhappy customers, all complaining about missed service calls, unanswered messages and just generally poor customer service, I’ve decided to add a Sears entry to my blog so it’s available to anyone who Googles Sears. Especially Sears management.

Dear Aylwin Lewis, President and CEO of Sears Holding Corporation,
First of all, allow me to introduce myself. I am a senior member of the investigative unit we call ‘Team 5 Investigates’ here at WCVB-TV (ABC television affiliate in Boston). I advocate for consumers who otherwise cannot help themselves. As you can imagine, I hear from a great many unhappy people, frustrated they cannot solve their own problems. Honestly, Sir, some don’t even try .. they just call me and hope I’ll do the work for them .. but, in most cases, someone calls me when they are exasperated and feel they’ve exhausted all other options. Mr. Lewis, there are a lot of Sears customers who fit that description, and I am writing this letter because I am concerned you’re not in the loop and don’t know it. While you have some pretty smart public relations people, I fear they are more concerned about ’spinning’ their response than solving the problems, and Sir, there are hundreds. If you’ve had an opportunity to read or see any of my reports, you know the complaints are all the same: people spend thousands of dollars for appliances that don’t work, and then, they spend many hours waiting for technicians to show up or even call back. As you can imagine, these are not happy people.
When we first called Sears, your PR people acknowledged the problem saying there were too few technicians during your busiest season but that the ratio was becoming more balanced and complaints would ease, but, they haven’t…and I am not sure you know. Well, actually, I hope you don’t. I hope that as you are reading this letter you are thinking, ‘ holy cow, how could this be happening to so many Sears customers? Why hasn’t anyone told me?’. I hope that is what you are thinking because I would rather not think you DO know that hard working people are being stiffed by your company, and you don’t care.
I grew up in Massachusetts, Sir. I spent considerable time in your Natick Mall (now Natick Collection) store. Several of my high school pals and their parents worked there. Sears was the place you trusted. Sears built its reputation (and fortune) on the backs of working people. Those people still want to believe that if they spend their paychecks on a washer or dryer, that it will work more than a week, and, if a fluke occurs and the appliance breaks, an apologetic human on the other end of the Customer Service line will make sure someone gets right out to fix it…which is not happening. And, it’s not just washers and dryers, Sir. If you check your records, you will discover that Zaida Crespo of Boston spent $5,100.00 on a furnace that didn’t work for one minute after it was installed last September. I can’t tell you how many times she called for service and lost time at work waiting for technicians who never showed up. Finally, after our reports (and calls to your PR people), I am assured the furnace will be replaced tomorrow. I really hope so. It’s been very cold here in New England. Zaida has been using space heaters to keep herself and her pets warm. I can’t imagine what that electric bill will be like. (I just had an idea Mr. Lewis .. maybe Sears could pay that electric bill ???? Any chance?)
Well, thanks for your attention, Mr. Lewis. I know you are a busy man. As a matter of fact, your PR people say you are too busy to do an interview with me, which is unfortunate because I am sure you’d be able to convince people to give Sears another chance.
Happy Holidays, Mr. Lewis.
Susan Wornick