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Rhode Island Consumer Law Questions & Answers

1 Answer | Asked in Consumer Law for Rhode Island on

Q: A neighbor's tree recently fell on my garage causing damage to the roof. I called my homeowners insurance.

The insurance adjuster came out and wrote the damages. I just received a check, minus a $1000. deductible. How do I go about, legally, getting reimbursed for my $1000. deductible from my neighbor?

Neville Bedford answered on Dec 27, 2017

As they used to say on Judge Wopner: Take them to court.

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Libel & Slander for Rhode Island on

Q: I'm in foreclosure; can the mortgage co. send my ex-wife a certified notice or would that be considered slander?

The property has always been in my name only & predates the marriage. My ex never lived there; her name was never on any of the paperwork. The divorce final judgment was 10/31/95. Our agreement clearly indicated the property was mine & she has no claim to it.

Neville Bedford answered on Aug 19, 2017

If you have it, bring the notice to the attorney you have retained to assist you in the foreclosure matter.

1 Answer | Asked in Bankruptcy and Consumer Law for Rhode Island on

Q: I had a motorcycle that I defaulted on for the last 6 payments..

I've had the bike for 11 years and finally went to the DMV to see if I still had a lean on it... I did not have a lien and was issued a duplicate title.. can I sell it?

David Earl Phillips answered on Jul 15, 2017

If there is no lien against the title you would be able to sell the bike in my state, Tennessee. If Rhode Island is a title state also you should be OK with selling the bike. Hope it works out. Good luck!

1 Answer | Asked in Consumer Law for Rhode Island on

Q: My daughter and her father joined a gym. My daughter is a minor. Now the gym is holding her responsible for the balance.

Is that legal?

Neville Bedford answered on May 3, 2017

If they file suit, consider retaining an attorney to pres this defense of incompetency as a minor.

1 Answer | Asked in Banking and Consumer Law for Rhode Island on

Q: RI Statute 19-9-2 does not appear to provide an exemption for federally chartered banks.

I know federally chartered banks are not regulated by the RI Department of Business Banking Regulations, but who else may I file a complaint with regarding a denial for payment/credit interest on funds held in escrow. Thank you.

Neville Bedford answered on Jan 22, 2017

Chasing the prevailing .04% rate will likely cost many times more than it is likely to yield.

Double check to make sure YOUR bank is not EXEMPT.

TITLE 19

Financial institutions

CHAPTER 19-9

Community Obligations and Banking Offenses

SECTION 19-9-2...
Read more »

1 Answer | Asked in Banking, Identity Theft and Consumer Law for Rhode Island on

Q: Are credit card banks required to return monies you charged to pay someone's bail but in fact we were being scammed?

My wife, of 58 yrs, received a call from her niece requesting help for bail money. This is a long story, I don't don't how much I can fit so I am keeping it as short as possible. I was told to buy 4 $500.00 iTune gift cards and send the numbers to a Florida police station before she was arranged... Read more »

Neville Bedford answered on Sep 19, 2016

I just reread the second posting of the same question. You were tricked BUT you legitimately purchased ITUNES cards. That is a problem. Contact the Itunes seller and see if they might be able to reverse those charges and cancel the cards. It is possible you may have no recourse as you were duped... Read more »

1 Answer | Asked in Banking and Consumer Law for Rhode Island on

Q: Would credit card bank have to return money you charged to pay someones bail then found out you were scammed?

My wife got a call on from someone whom she thought was her niece in FL. She said she had been arrested and needed $2000 for bail or she would have to stay in jail for 8 wks before a court day was available. I told the Sgt. he could use my credit card, he told me they could not use my credit card,... Read more »

Neville Bedford answered on Sep 19, 2016

Contact your credit card companies dispute resolution department and let them know you would like to dispute these fraudulent charges. Report the scam to the attorney general's office to help protect others.

1 Answer | Asked in Consumer Law for Rhode Island on

Q: Just a question. Yesterday i took my 2007 Lexus is250 to in-skip Lexus. The Catalytic converter needed to be replace. T

Just a question. Yesterday i took my 2007 Lexus is250 to in-skip Lexus. The Catalytic converter needed to be replace. The said they will be done today, July 27 ,2016. With that being said, i called today to make sure everything is on schedule. They told me the vehicle will be ready by 2pm but there... Read more »

Neville Bedford answered on Aug 31, 2016

I am not a mechanic but I suspect these two items may be related and suspect it is possible that they were unaware of the O2 sensor problem before the very expensive Catalytic converter was replaced. Hopefully, you came to some arrangement to keep your car on the road, This fellow seems to have... Read more »

1 Answer | Asked in Consumer Law for Rhode Island on

Q: How long is the warranty for a used vehicle in RI for 148000 miles?

Neville Bedford answered on Feb 1, 2016

It can be as short as 0 miles if there isn't one or if the vehicle is sold "as is" by a private party. If you did bargain for a warranty, read it. That will tell you exactly what you bargained for. If you are dealing with a car dealer who is refusing to honor their warranty, consider finding and... Read more »

1 Answer | Asked in Consumer Law for Rhode Island on

Q: I was a victim off a scam that happened at Navigant Credit Union. They now want me to sign for a loan for their loss

I told Navigant that I was not signing anything after filing a police report and the Detective told me not to sign anything, I also spoke with RI Legal Services and they told me the same thing, do NOT sign anything. I opened another account at TD Bank. I am on Social Security Disability that is now... Read more »

Neville Bedford answered on Dec 10, 2015

If you receive notice of a suit, take it to those nice people at Legal Services you spoke with. They are well skilled at these type of matters.

1 Answer | Asked in Consumer Law for Rhode Island on

Q: Do I have to be an attorney to submit a diminished value claim on behalf of a client?

I work for an attorneys office as a claims manager, I submitted a claim an auto claim on behalf of a client and the insurance company sent me a letter staing I have to be a licensed attorney to file the claim is that true?

Neville Bedford answered on Dec 1, 2015

If you are working as an agent for an attorney, you are an extension of that attorney. As long as it is a claim being pressed by the attorney you should be OK. Have you considered asking the attorney you are working for?

1 Answer | Asked in Consumer Law for Rhode Island on

Q: Death by suicide. Our daughter committed suicide on June 6th. this year. Our granddaughter is the executor of her will

She has been informed by the life insurance co. which she has had for several years, that they will not pay if death is by drugs, alcohol, insane of not. Our daughter has been under the care of a physiatrist for the past ten years due to bipolar disorder, and was on several physic medications.... Read more »

Robert Jason De Groot answered on Oct 27, 2015

Hire an attorney, at least go have a full discussion with one. This forum does not lend way to the type of information that the attorney needs to learn, and is not confidential at all.

1 Answer | Asked in Consumer Law for Rhode Island on

Q: I bought a truck on ebay that had no title. What can I do to register it in RI.

The title was said to have been lost in a flood. After working on the truck I found dried mud through out even under the dash. The truck came with 1976 South Dakota license plate and I have the sellers name address and phone number. I've asked for a bill of sale but all get is the run around. It... Read more »

Neville Bedford answered on Aug 24, 2015

Caveat Emptor.

The DMV says:

http://www.dmv.ri.gov/registrations/titles/index.php

Taxes & Titles

When you purchase a vehicle in Rhode Island, you are required to pay sales tax on the vehicle and obtain a title in your own name, even if you do not register the...
Read more »

1 Answer | Asked in Consumer Law for Rhode Island on

Q: I am being sued in RI small claims court for something I purchased through paypal from an RI seller & never received

I live in Fl, and have never been to RI or done business there. I don't know anyone near there either.

I was scammed by this seller, and after I filed a case with paypal and was refunded, he sent me an empty package to have tracking proof for his case. The weight on the receipt would prove... Read more »

Neville Bedford answered on Dec 3, 2013

You might consider hiring an attorney to represent and assist you - it could cost less than the trip.

1 Answer | Asked in Consumer Law for Rhode Island on

Q: What is are the potential perils of financing a home with a private lender rather than a bank?

Neville Bedford answered on Feb 16, 2013

Perils for the Borrower or the Lender ? I would suggest whichever side you are on that you secure a qualified contracts attorney to ensure that your agreement is comprehensive and fully embodies your rights and obligations.

1 Answer | Asked in Consumer Law for Rhode Island on

Q: Who is responsible in this flooring dispute?

Basically, I was contracted to finish sand and apply 3 coats of poly to a new hardwood floor.

The floor installer had left several black marks and some uneven boards.

The homeowner insisted that I repair these marks left by the installer even though I recommended that the few boards... Read more »

Neville Bedford answered on Jan 24, 2013

The written contract will be of vital importance in this dispute. Review it with an attorney in your area.

1 Answer | Asked in Consumer Law for Rhode Island on

Q: Has a bill been passed in Rhode Island banning cell phone early termination fees?

Neville Bedford answered on Jan 24, 2013

Not to my knowledge. You may search the general laws at: http://webserver.rilin.state.ri.us/Statutes/

1 Answer | Asked in Consumer Law for Rhode Island on

Q: Can Rule 60 Bleach Away All Stains?

FRCP Rule 60 carries a provision for relief when "the judgment has been satisfied". How plainly do we read this? If a defendant pays in full and can clearly show that in a post-judgment motion, what's to stop the erasure of that judgment like it never existed? What "just terms" per 60(b) would make... Read more »

Neville Bedford answered on Jan 21, 2013

Rule 60 is generally used to vacate a judgement wrongly entered. This does not sound like what you are describing. Depending on whether the matter is civil or criminal - in the state - district - or federal court, there are various instances where Rule 60 may be applicable. Consult with a qualified... Read more »

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