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#1 2008-05-14 15:55:50

cinnamon
Member
Registered: 2003-02-17
Posts: 200

READ CAREFULLY-

Heads up to all,
Received a letter from attorney today and asking for power of attorney.When figuring and knowing what I was to receive it did not agree. It looks as though he wants to take the full 40% instead of 33.6% . Could not reach him by phone . SO do your math.
Cinnamon


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#2 2008-05-14 16:08:14

mthore43
Member
Registered: 2007-05-21
Posts: 121

Re: READ CAREFULLY-

Same here, wonder if we have the same one, is yours in KC?

So I get a letter today from the Lawyer and they are trying to take 40% of the check that was received, it was almost funny they never did say what the percentage of their fee was. They just listed how much they would be sending if I'd go ahead and sign the Power Of Attorney and mail it back, after putting a calculator to it it came out to a little over 10 thousand I was being over charged, I guess they figured I wouldn't challenge and or check the numbers or read the PTO,(I won't sign the POA) I called and of course he was out, if they want to be paid they'll call me back.(Very soon I bet!) I have waited all this time I can wait some more!

I'm sure they'll say it was just an oversight by some clerk in the office, but I know they knew exactly what they were trying to do, you'd think after getting that much cash for doing nothing more than filling out some paperwork they wouldn't try and grab more, completely reinforces my feeling about some lawyers, crooks they are plan and simple. Host of this site excluded of course.

Dang this makes me mad.
Thore

Last edited by mthore43 (2008-05-14 16:12:19)

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#3 2008-05-14 16:24:58

cinnamon
Member
Registered: 2003-02-17
Posts: 200

Re: READ CAREFULLY-

thore
Sent you a PM. I think we may have same lawyer. They should be so happy they never had to set foot in a courtroom and still made 40%. Would be a different thing if it had dragged out in a trial. Yes , truly and eye opening experience. Thore tried to call him at the number on paperwork, HMMmmmmmmm not a working number. Got one from directory, you would think he would keep his phone number current on letterhead.
Cinnamon

Last edited by cinnamon (2008-05-14 16:27:10)


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#4 2008-05-14 17:06:39

mthore43
Member
Registered: 2007-05-21
Posts: 121

Re: READ CAREFULLY-

Marie

Any thoughts on this, you always seem to have good advice!

Group your help would be great!

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#5 2008-05-15 04:15:04

Marie
Member
Registered: 2003-02-21
Posts: 2421

Re: READ CAREFULLY-

My thoughts?? Well, first of all I thnk your decision not to sign the POA is a good one. I wouldn't sign it either...at least not until you get something in writing making the appropriate adjustments to the fees. Once you sign it you've lost what little control you have over the situation.

Don't go too bananas about it until you've had a chance to discuss the problem with the attorney. Follow up any phone conversation with a letter summarizing the conversation and your understanding of what agreement was reached - send it registered and keep a copy. Chances are, you pointing out the discrepancy is all it will take to get it corrected. If you run into any resistance in the conversation, be sure to direct your attorney to page 4 of PTO 7764 where it clearly states that you do not have to pay any more than 40%, in the aggregate, for attorney fees.
http://www.7thamendmentdietdrugs.com/news/articles/category-1-final-payment-order.pdf

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#6 2008-05-15 04:20:14

tulips38rm
Member
Registered: 2006-10-25
Posts: 282

Re: READ CAREFULLY-

My lawyer shorted me almost 12 grand, but when calling and asking about this, it was the spreadsheet on the computer that made the mistake. I think the CC fees are messing things up and "maybe" the lawyers are not doing this on purpose, and not catching it but relying on the computer spreadsheet to tabulate everything correctly. Hopefully that is what is happening. I have not recieved my 12 grand yet, but called yesterday and found out they snail mailed it. That kinda made me angry, but what can you do?

I hope you all get things straightened up and the lawyers realize it was their error.

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#7 2008-05-15 05:28:38

cinnamon
Member
Registered: 2003-02-17
Posts: 200

Re: READ CAREFULLY-

Marie and tulips
Thore and I have same lawyer so you advice will help me also. Will follow it whole heartedly. Thanks once again for aiding me and those out there who may never post but read diligently.
Cinnamon


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#8 2008-05-15 08:05:11

mthore43
Member
Registered: 2007-05-21
Posts: 121

Re: READ CAREFULLY-

Thanks for the information folks, I pretty much figured that would be the path, this guys wants paid and can only get the cash if we sign the POA. Unless I have a full detailing of charges that is signed off on and agreeable by both sides he can count on a refusal to sign anything.

I'd like to think better of the situation and believe this was just an accounting error, but I really doubt it.

(Received and email response from the attorney, all of one line! it stated it would be corrected and that they were aware of what the PTO said, my question is then if they understood the PTO why did they try to pull a fast one?)

Last edited by mthore43 (2008-05-15 09:51:51)

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#9 2008-05-15 10:03:03

mthore43
Member
Registered: 2007-05-21
Posts: 121

Re: READ CAREFULLY-

> tulips38rm wrote:

> My lawyer shorted me almost 12 grand, but when calling and asking about this, it was the spreadsheet on the computer that made the mistake. I think the CC fees are messing things up and "maybe" the lawyers are not doing this on purpose, and not catching it but relying on the computer spreadsheet to tabulate everything correctly. Hopefully that is what is happening. I have not recieved my 12 grand yet, but called yesterday and found out they snail mailed it. That kinda made me angry, but what can you do?

I hope you all get things straightened up and the lawyers realize it was their error.

(The error they made was thinking we wouldn't check their work or even know the difference)

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#10 2008-05-15 11:02:09

mthore43
Member
Registered: 2007-05-21
Posts: 121

Re: READ CAREFULLY-

Casey

Do you have the number for the Special Master's Office , I'd like to be prepared just in case they push back and say they won't change it for me.

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#11 2008-05-15 11:44:11

tulips38rm
Member
Registered: 2006-10-25
Posts: 282

Re: READ CAREFULLY-

I just recieved the rest of my money that was missing from my first check. Hopefully you that are having problems will get all that is due you soon as well. I hope it was all just a mistake because of the CC fee and nothing more. Good luck

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#12 2008-05-15 11:52:18

casey
Member
Registered: 2003-02-21
Posts: 4880

Re: READ CAREFULLY-

tulips - I may have sent you an email that I meant to send to mthore43.  Could you just send it to her for me?  Basically, thore, all it said is that I no longer have the special master's office phone anymore and possibly Marie may have it or may know how to get it.


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#13 2008-05-15 12:35:59

mthore43
Member
Registered: 2007-05-21
Posts: 121

Re: READ CAREFULLY-

Just received a call back from the lawyer and they agree with my numbers now, not like they really had a choice but they could have made it difficult.

Anyway they made up some ridiculous excuse why the numbers were off, didn't much pay any attention because I have very little trust anymore. Thank goodness for everyone on this site without you all I would have gotten Scre_ed over big time.

Bottom-line it's been corrected.

Last edited by mthore43 (2008-05-15 12:51:28)

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#14 2008-05-15 14:56:19

Elsie
Member
Registered: 2007-01-30
Posts: 69

Re: READ CAREFULLY-

I also want to say thank you to everyone. I am concerned. My attorney has been very vague. He says I will get the check next week but had not replied to my emails or phone calls as to the exact amount.  I signed power of attorney a couple of years ago. Also, I moved and have yet to receive the 'copy of the check' letter from the 7th which was probably addressed to my old address. My attorney does have my new address and I did receive a USPO letter from him on Saturday, May 10.

I cannot believe the appearance of greed of these lawyers and how uninformed they must think their clients are.

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#15 2008-05-15 14:58:59

cinnamon
Member
Registered: 2003-02-17
Posts: 200

Re: READ CAREFULLY-

mthore43
I called him this morning at 9:05 am and he said he would have to look into it I gave him the PTO number and page numbers and said the error came to the amount that would equal the common benefits fee which he is liable for. He was  to call me back and let me know as of yet no call. Will call him in the morning.
Cinnamon


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#16 2008-05-15 15:38:57

Elsie
Member
Registered: 2007-01-30
Posts: 69

Re: READ CAREFULLY-

lsdlden, I sent you a PM.

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#17 2008-05-15 19:28:52

mthore43
Member
Registered: 2007-05-21
Posts: 121

Re: READ CAREFULLY-

> cinnamon wrote:

> mthore43
I called him this morning at 9:05 am and he said he would have to look into it I gave him the PTO number and page numbers and said the error came to the amount that would equal the common benefits fee which he is liable for. He was  to call me back and let me know as of yet no call. Will call him in the morning.
Cinnamon

Not sure what he has to look into, he knows exactly what he was trying to charge you and what the PTO says he can charge you. With this amount of money on the line I'm sure he knows how to read and use a calculator.  These guys!!!!

They work for you, you're the boss and you are paying their salary so as long as you refuse to sign the POA an give them access to the money you have some major control.

Stand your ground!

Last edited by mthore43 (2008-05-15 20:34:03)

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#18 2008-05-16 03:08:44

tulips38rm
Member
Registered: 2006-10-25
Posts: 282

Re: READ CAREFULLY-

casey I did  recieve an email, do you still wish me to forward it to mthore since the problem is now corrected?

mthore43, I am glad you got yours resolved. It sounds as if it was the same problem my lawyer had.

cinnamon, let us know when you get yours settled as well.

Last edited by tulips38rm (2008-05-16 05:18:48)

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#19 2008-05-16 05:36:34

KAO
Administrator
Registered: 2003-03-26
Posts: 465
Website

Re: READ CAREFULLY-

It is important to contact your attorney's office if you believe there is a discrepancy.  There should always be an open line of communication since, after all, you hired them to represent you and you are paying a fee for services rendered.


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#20 2008-05-16 06:26:13

mthore43
Member
Registered: 2007-05-21
Posts: 121

Re: READ CAREFULLY-

Thanks for keeping and eye on us KAO

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#21 2008-05-16 07:10:15

cinnamon
Member
Registered: 2003-02-17
Posts: 200

Re: READ CAREFULLY-

KAO
Thank you and Parker Waichman for being here to give a place to ask questions and give each other support . I dont know what I would have done these many years without this site.
Cinnamon


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#22 2008-05-16 08:37:07

cinnamon
Member
Registered: 2003-02-17
Posts: 200

Re: READ CAREFULLY-

tulips
Have since received a call and it looks like it will be resolved.
Cinnamon


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#23 2008-05-16 09:23:18

clocklady
Member
Registered: 2008-05-16
Posts: 4

Re: READ CAREFULLY-

Maybe someone can shed some light on something for me.  Is this to be final check we are to receive.  What was the outcome of those that were not completed yet or had to go thru a 2nd review?  I've called my lawyers office but for some funny reason he's not been available.  I got my letter from the Trust yesterday and wanted to know how they decided that this was the final amount if they haven't completed everything and have not given the total that failed, will only get a small amount or who will be in the Catagory One.  If this was place some where else then can someone let me know where I can find it.  The peron who anwered the phones stated that there would a  check maybe fall or sping but it would be a small amount.  I don't know what she would call a small amount  - being that a lot of people have lost so much.  I just wanted to make sure that I not being fooled.

Thanks in advance for your help.

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#24 2008-05-16 11:49:48

Marie
Member
Registered: 2003-02-21
Posts: 2421

Re: READ CAREFULLY-

There was some money held in reserve for the 1000 or so claims that weren't completed yet. They did an estimate on how many of them are expected to pass the review. Once those claims are finished, that money will be used to pay however many of those 1000 qualfied to recieve it.  The balance of what's left once everything is finished is suppose to be divided up among all those who recieved grid money. That's why you were told there will be a small additional check yet to come...that will be your individual share of whatever is left over.

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#25 2008-05-18 22:34:27

Pecky
Member
Registered: 2003-04-29
Posts: 236

Re: READ CAREFULLY-

I NEVER signed a power of attorney before getting my money. I was sent a "contract" to sing in exchange for the settlement amount offered on the grid. I accepted and was sent a check in the correct amount.

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