The Troubleshooter 10-22-24

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Six is the Troubleshooter Show Now Tom Martino.

Hello, Tom Martino here, Welcome to the show. Three oh three seven one three talk three oh three seven one three eight two five five. Here to help you solve problems, answer questions, take calace, make your life just a little easier.

That's what we do here each and every day. So welcome.

Uh. If you have anything you want to talk about, you call and you can call by the way twenty four seven three oh three Martino three oh three six two seven eight four six six.

We love to help you with anything.

And uh, I'm going to uh bring in my buds over here. I have with me Robert from K and H Home Solutions. He is ops manager, and he says, windows going strong, doors going strong, they do that all year. Roofing slows down a bit. I bet siding, what about siding, man? What about sighting? Siding?

What we'd offer a couple of different products. Obviously, Hardy put what's selling? What's your top selling? I'd say Hardy is going to be right up there next to maybe I'm a little bit of our meal run.

Okay. I think these new composite sidings coming out are going to take over the market eventually.

Yeah, they're long lasting, good warranties, baked on paint.

They're good stuff, especially the ones that go beyond the surface or under the surface, right, and I'm talking about what they're usually plastic polymers and stuff.

You carry those, yeah, we do, I mean that and vinyl the hardyboard is that obviously the cement board that's going to be. We don't carry them, but we do offer them obvious.

Anyway, as far as windows, there's a lot, a lot of development in windows, but the the main development, I mean, the main difference in windows, well, I guess there's a lot the IGU insulated glass unit, which is the glass itself double triple. Uh, there's there's d n E triple. Really is that overkill? What do you think?

I mean, it depends on your situation. I mean it does help a lot with like sound deadening if you look like a highway or something. Definitely a lot more efficient up in the higher elevations, but down here does serve some purposes.

And then frames, you know, fiberglasses making another run at it. I like fiberglass, I like I like good vinyl. I don't like wood at all. I I in fact, I mean, what's fine? I guess if it's clad, yep. But I don't like wood clad for one reason. I had a home one time and I had clad windows on the outside, but on the inside you finish them right or they come finishing and eventually after redo them. So I had a guy come out just years ago and bid on

You know.

I said, forget that crap. Did I learn a lesson on wood? And that same years ago. Everybody moves to Colorado has a dream of having a rustic homb. I mean the big mistake a lot of people make is they move to the mountains, they get a rustic homb and they think right away that's what they want. But the wood doesn't. I don't care if it's cedar, I don't care what it is. It won't. It starts cracking,

Yep.

Even some composite decks can't.

Hold up fading and stuff.

Like that, and the warping from the heat. But anyway, if you have any questions, we have Robert with us FROMKNH Home Solutions. Now, this company goes back sixty five years. I always say, one of the oldest, if not the oldest home improvement company in Colorado. And Henry started. I knew Henry. I actually started with Henry, and then Ted took over, and then Lee and they all have the same traditions, so they're really good people. All right, let me go to the phones three oh three, seven, one

Check on?

Check on Andrew. Sometimes when I open up and talk and don't go to them right away, they might just sleep. Julie, I'm going to go to how about that? Because this is contractor related. Although you don't have to have things home related today, but if you do, it's a great time to call.

I'm going to talk to Julie now. Julie, Hi, what's happening?

Hi?

Thanks for taking my call.

What's going on? Julie?

I had tile work done five hundred and twenty seven square feet on my main level.

And where was that tile put?

It was put in the front entryway, down the hall, in a little bathroom, the laundry room, in the kitchen.

Oh my goodness, that's a lot.

That's a lot, five hundred and twenty seven square feet. Bought the tile from Carpet Exchange on my nickel and gave him a down payment.

Now did they install it too or did you just buy it there?

I just bought it there.

I just bought it there.

And then you hired so much one else and then you had.

Someone else do it everybody else?

Yes, okay, So anyway paid him ninety three hundred as half.

And and who is him?

Who did you pay?

I paid Walter Gomez for elevated remodeling.

Okay, so half down elevated remodeling Walter Gomez.

Yes, and you.

Know how I feel about half down. I feel like there's no reason about half down. But anyway, especially if you.

Bought the materials, I do too.

But anyway, I'm learning from all this. But so the work is now done.

It took well.

At least you got the work done.

That's good.

So did you pay the other half?

No?

I he a week after it started here?

Wait a minute, are you telling me just for wait? Wait wait wait wait, just for installation? Let me get this straight. Ninety three hundred represented half? No, no, just for installation labor? You paid eighteen thousand, six hundred dollars.

It would have been, but I didn't pay him all of that yet.

Did you ever shop this price around?

We're talking about installation thirty five bucks?

No?

No, no, that that is way high for just installation, thirty five dollars a square foot just for installation of tile?

Well, oh, hold on? Did he have to tear out a floor.

Yes, he had to tear out the floor.

What did he have to tear out? That's still a little different. What did he have to tear out file?

Yeah, that might be that that.

Yeah, did he have to tear out five hundred, like five hundred square feet of that tile? Or did you? Did he? Or did he?

Okay? Yeah, okay, then I might that might be a little different. Okay, so go ahead. Then what happened? Then he'd the work is done and you didn't pay.

The other half?

I gave him another After.

A week he asked that he needed money.

I stupidly gave him another five thousand.

So so far you paid fourteen three.

Yeah, fourteen three sixty six.

Uh huh okay, And what's going on now?

It has to be totally torn up?

Now?

Who said? Who said it has to be totally torn up?

Well, okay, carpet exchange, this show remodeling, Colorado Paint Company, and he brought in heaving elevator green modeling.

What are the problems? Tell me what's going on?

What are the problems that you saw where you started questioning the work?

Well, you don't see it till it's really done.

Lippage.

That means where the tiles are not even ones up ones down. Yeah, routwork is miscolored, it is uneven, is missing grout. He has ruined baseboards, He has taken the finsh off the stairs that butt up to it. He ruined. He has scratched four places on a ge refrigerator that the panel has to be replace.

Does he agree it has to be redone or does he think it's a good job.

Oh no, he has agreed to it, but I will not allow him to do it.

Well, let me explain something to you for work, Julie, Let me explain something to you. Many times, when people want something redone and a contractor is willing to do it, you have a very weak case if you.

Don't let them. I want to explain a few things to you.

First and foremost, he didn't violate the Contractor's Trust Act. He did the work. Secondly, you owe according to contract. Now just listen before you Before you you disagree, you technically owe him even if he did it poor job. Because really, quality, believe it or not, is not part of a contract unless they tell you it will be done to a certain quality. I know that sounds weird, But laying down that tile, if it differs from the standard, it doesn't mean it's fraud. It doesn't mean it's a

That's that's being negotiated right now?

Well, do you mean negotiated? He should pay for all of it. Why should you pay for any of it right right now?

Now?

If he's not willing to buy the tile, the deals off. But if he's willing to supply the materials and redo it, you need to give him a chance. In my opinion. If you don't give him a chance, here's what you do. Have it redone and sue him, and probably you want to know the truth, get nothing.

Probably it does. Does a guy.

Seem like he has substance? How did you find him?

Three people?

That it was word of mouth and that's why, I you know, figured if they liked.

Him well in other words, people people who had him do work did little work.

And he didn't use the same people he used.

Oh so he doesn't do the work. He doesn't do the work.

He did not supervise these people.

Oh that's wrong. Yeah, yeah, so he just.

Basically subbed at brained them. And they were illegals. I have nothing wrong with illegals that want to work.

No, I get what you're saying. Yeah, we don't have to go there. You're right, you're right here. Look look, hold on a second, let's come back to this. Wait one second, three oh three seven one three talk three h three seven one three eight two five five. This hour brought to you by waterpros dot netwaterpros dot net now Waterpros is doing the best water systems. First of all, they do the best water systems normally fourteen hundred bucks

He has said that he will give me ten thousand dollars back.

He would refund ten thousand.

Uh, he would refund seventy five, and he would buy tile replacement.

Wait a minute, Wait a minute, Wait a minute, Hold on, Hold on, he will refund ten grand plus buy you tile and not purchase tile. Oh ten grand?

QW he would refund seventy five and buy replacement.

Tyle.

How much did the tile cost you?

Fifteen? I got it right here, it is one seventy six.

Well, telling you on ten grand plus the tile.

I want.

But then he's saying because of this contract that I would owe him. He says, this leaves a balance of forty three hundred.

He left me with more.

Of course, I understand there's a balance of forty three but that's only if it was done properly right. I don't have any troublem properly Yeah, I know, you have no problem paying for it if it was done properly right.

Because I feel I was taken advantage of because the standard of quality work was not performed.

Here's what I would settle for. Here's what I would settle for. I would settle for. Well, no, man, I'd want all my money back. Well, I wouldn't settle for anything. I'd not only want my money back, I'd want my money back. And then he has to tear out what he did. I mean, that's going to cost you, look either way. But here's the problem. You see, this guy he has nothing unless I mean, where's he coming up with the ten grand? I wonder if I told him

Well, he said, you know, have pity on me, and you know, blah blah. You know, we all have our own woes.

That's right. Look, if he's still willing, if he's willing to buy the tile and try to redo it, and you can have an inspector check it each step of the way, there's nothing wrong with that.

Either how do I get an inspector? I do not. I have to tell you so much has gone on with mistruth from him that I cannot have him in the house.

Then Julie. Then Julie, then don't let him in the house. Hire someone to tear it out and redo it. He's not going to do it. So you know, if you can get ten grand from him, get ten grand, do whatever you can. Then, but you're not going to get you all your money back because the guy doesn't have substance. When you deal with clowns, you kind of have to take some of that responsibility. Okay, you probably didn't do

You're using whoever they get.

So therefore, if you don't want him back in your house, more power to you, then make any negotiated settlement you possibly can. Is he saying he wants you to pay the whole contract and then he refunds ten grand?

Yeah, yeah, well that's the way I read.

Well that's crazy.

Look look at it is crazy.

Look at look can somebody there chop or give this guy a call. Give this guy a call and give them the facts of life. I'll buy me just let's just try to negotiate some But listen, Julie, there's not going to be a perfect situation here. You dealt with a clown.

Oh I know, I know, and you know I feel so adamant that I.

Do not want him in my house. It is I can't.

There are other stories that don't need to go online, are on air. I do not trust him.

All right, look it and the name is elev Does he have a website Elevated Remodeling.

Yeah, Elevated Remodeling. It's canned, all right.

Is he on Facebook?

He is?

You got him on there too. Try to get me a picture of this guy. Good, Try to get me a picture of him. I want to put him on the sleeves brigade and warn others. Oh he no picture? All right, listen, Julie, Let jefputy chopper see what he can do. Three oh three seven one three A two five five, Andrew, we try to get you up front what's going on? Andrew?

Okay, I might contract with Blue Sky Builder to resurface my driveway.

And it's is it blue? You said, Blue Sky Builder builders? And they were going to resurface. Now, how did you find Blue Sky.

Through home people?

Okay, so they were going to resurface with what.

I want to re surface with, like I saw on advertising with concrete. But the guy who was made the country.

Now, how did home Depot? I didn't know home Depot was in the concrete business.

No, Home Depot recommended they have a I went to home Depot and told them what I want to do, and they and the different.

People and do they have a list or something?

Right?

And Blue Sky Builder, the guy named Charlie called me first Charlie and we talked yes, and we talked about it, and I wanted the surface like I saw on an advertising with the concrete.

So you basically want to tear out the old concrete or do you have any what's on there now?

The driveway is just pilling off? Well, he said that epoxy is better material, so he wants to do it in epoxy.

Well, okay, do you is it a concrete driveway?

Yes?

Okay, you can sometimes go over a sailing concrete surface sometimes and you can surface it with a POxy that looks pretty good. Sometimes. Hold on, let's come right back to you. I'm Tom Martino. Let's find out what's going on with this one. Right after this, go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an

What happened then, well, UH I signed the contract for six thousand dollars. I paid two fifty.

Six thousand dollars. What size was that?

Well, it's a three car garas driveway.

But also they.

Supposed to put the part sheet on the front entrance.

To on the apron on the apron, but they weren't doing the garage.

No, not the garage.

About do you know how many square feet that would be? That a three car garage wide. Yes, that's about twenty four feet so at least, well me, it could be less, but it's usually it's usually unless it's really small, it could be eighteen I mean no, no, it's about twenty four. I don't see it being smaller than that anyway. Tell me this, how long is your driveway? I'm trying to get an idea of what.

They're it's pretty long too, but how many.

Square I understand that's not why you're calling. I want to know, though, What was the square footage? Do you know? I don't know? They okay, keep going, then keep going? So what happened then? What happened then?

And they make first appointment? The guys show up measuring, and he's supposed to come back and start to work. She didn't show up, so they may go appointment with another guy. The show up, start to with the with the machine, start to grind the driveway. The machine was overheating soling blades. So he quit that day and supposed to come back.

And you didn't pay hold on, Andrew, you didn't pay anything upfronted you?

I did?

I take to fifty by visa and he won three Wait wait.

Wait, wait wait wait how much total? I don't care how you paid it. How much total have you paid upfront so far?

Three thousand?

Why did you do that?

Because he said, in order to start the award, I have to pay when we make the contract too.

Well, then you know what I would have said. I would have said, well, Charlie. I would have said sorry, Charlie, as they as they used to say for sun Tastuna, I would say, sorry, char You're not going to make the grade for me.

I'm not going to pay half up front for nothing.

Well, I make mistakes, but this is what happened. After the guy did the grinding and he didn't finish. Absolutely, my right way is damaged now because a bunch of holes.

Yeah clowns.

He said, pay the two thousand, seven hundred and fifty cash your check because she needs for material. And I thought, when I go to home Depot that I'm dealing with right people. So I was stupid enough.

Okay, then ask home Depot. Okay, I'll go along with that. What did Home Depot say they're going to do for you? Then, because you got ripped off, you put three hundred on a credit card and.

You put two fifty two fifty on a credit card and the rest on in cash.

The cash your.

Check two thousand, seven hundred cash. But this is what happened Tom, the guy who didn't finished because his machine and blade were selling. He didn't finish the drinking.

No, I get so where does it stand right now?

Well, she didn't. He's supposed to come back, and they Charlie start to make funny appointment like hit start coming opened the garage and how long ago?

How long ago did you sign.

The beginning of September?

And how long have they been off the job?

Well this now it's whole month because third guys show up instead of the second one, and supposed.

How long have they been off the job?

Uh?

Three weeks? Over three weeks? When third guy show up, Marco and.

Okay, has did the third guy finished?

No, he didn't start it.

He measured and he said he's going to get the estimate to Charlie.

And that's that.

And then then I'm going to ask another I'm going to ask it again, how long has it been since someone has been on the job.

You told me three weeks. Then the third guy showed up.

I want to know. So that third guy was only there for a day.

No, he was just okay, got it, I got it.

So three weeks there has not been anyone on the job for three weeks. Is that correct? Is that correct to say.

Well, that's the third guy from the guy that was beginning of September.

Okay, so there hasn't really been anyone there really because that other guy didn't do anything, so really work.

After after he the guy didn't think.

There's you know, Andrew, Andrew, I I know you think, and I know you think, and some people think that I like hearing myself talk and I simply interrupt people for the sake of doing it.

But I don't.

There is a very specific reason, very specific. I am asking the exact date work stopped on your driveway because it will give you power if I know that, and it will help your case. So you're telling me sometime in September was the last time anyone actually worked on your job.

Thank you? Now continue.

So the Turk guy is supposed to come back after he nisioned and send information to Charlie. I called him two weeks ago and he said he's still waiting for Charlie to gishing Green light about the world and that didn't happen, and I sent email to Blue Sky Builder they ignore it, taken risk.

When's the last time you heard from Blue Sky?

Like three weeks ago? I talked with the lady.

Do you have an number for Blue Sky?

And did you call home depot and ask them what the hell they're doing?

Uh?

No, I didn't, but I would love to if they come and see what they did.

To my Well, what business do they have recommending people that that do such a piss poor job?

Well, they have my three thousand dollars and they violate my contract.

And yeah, no, I get it. So, but I don't I see a sky blue Blue Sky Builders. Hold on, I want to see if if I got the right one, Do you have a number for them?

Seven to zero five nine four five nine two two.

Five nine four five nine two two. Okay, I can't find them, all right, listen, hold on, let's see what we can find. I'm going to try to get I'm going to try to get one of our guys to call there. Seven to zero you said, five oh five five nine four five nine two two, got it?

Okay, hold on, we got more coming right up?

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Did he hang up?

You know?

We just lost him? He got disconnected? So can you get him back?

All right, try to get him back? I'll go to Ken Ken, what's going on? Ken?

Yeah? Tom, I'm a member of a union. I took an early retire and uh, during that time there was a recession.

So I went, when did you take early retirement?

Ken?

What year?

What year?

Twenty twelve?

Okay, and how old were you then?

I was, uh, oh, jeez, fifty six fifty eight?

Okay, all right? So what's going on? Well?

I was so I was panalized forty one percent of my pension because of the early retirement. Also, I had no.

Way when you said you were you were paralleled you were limited to take because because you took it early.

Uh, you took it?

Were you?

Did you take it early because you were disabled?

Yes? I had a disability from Social Security? I get it.

Okay, And so you got how much percentage of your retirement from the union.

I lost forty one percent. I was penalized.

You were penalized forty one So you got your sixty percent? Basically, yes, fifty nine percent.

They disallowed and they disallowed my disability.

Wait wait wait, wait wait who disallowed? Social Security disallowed it?

No, no, the pension did they?

So so when they let me ask how that works when you're in a union and you take an early retirement, does it have to be a disability to take that early retirement?

No?

One more thing, if I can add, go ahead a year prior. A year prior I checked into retirement, and I would I would have only lost fifteen percent, But they restructured everything because of the recession. Right, so I ended up moving forty one percent.

I get that, Ken, But there's a question I have first that it's really important when you take early retirement. Can you take early retirement for any reason?

Yes?

Then what difference did it make whether you were disabled or not?

Did that? Did that up the amount if you were disabled, well.

That was just part of it.

Okay, keep going.

In So where I'm at now, I've contacted them asking everything recalled, you know the recession.

All right, hold on, I'm gonna I'm going to come back to you. I don't want to rush your kid. We're going to figure out you had to sacrifice forty one percent. And I don't know what you're trying to do, but I'll come back and find that out. Three oh three seven one three eight two five five or three oh three Martino three oh three six two seven eighty four sixty six more coming up. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't

Ript News Need advis You don't have.

Come runs as can.

Shooter's gonna help come.

Man, this is the Troubleshooter Show now, Tom Martine, Hey.

Tom Martino here, Welcome to the show. Three oh three, seven to one to three talks seven one three eight two five five. What's going on in your life and how can we help you? That's what I ask each end every day. So welcome, welcome, welcome.

All right, so we are here with K and H home solutions.

I do have a text for them, and they want to know about double hung windows as opposed to casement.

Do you have a favorite, sir, Well.

It comes to performance. The casement is always going to perform better.

Then perform better meaning better insulation.

Better sealing up on the from the outside elements to this, that and the other. It's going to retain a lot more you know, uh, air penetration in your house.

Can you substitute one for the other. Yes, so you don't have to go with casement if you had casemen.

No, No, it's just really a preference at that point, I mean, gives you a lot more glass less frame.

You know, really most everything is casement now right. No one builds a house with regular double huns.

Do they No, I mean, yeah, no, we still do a ton of really yeah, okay, we do you a ton of double home windows. But again it's a lot of those are going to be, you know, replacements in Hoa's stuff that required to be like for like.

KG windows dot com. They're KH Home Solutions now, but the original name sixty five years ago is Kane was KH Windows. And of course somebody else has this quick question. When you do replacement windows, do they get screens? Yes, that comes along with them. All right, all right, now, Ken, you were beginning to tell us something and you said, you're a member of a labor union and you took early retirement in twenty twelve.

You were fifty six and taking SSDI. Because you took.

Early retirement with the union, you only got fifty nine percent of the benefit.

Right, yes, okay, so now what what else? Continue your story?

So I wrote a letter asking that they would reinstate my pension.

Well, what do you mean reinstated? Did they take it away?

No, they didn't take it away. They they just took forty one percent away.

So I'm asking So you're saying, you're saying when it was early retirement back in twenty twelve, they took forty one percent away, leaving you with fifty nine percent, and now you want to get one hundred percent.

No.

I I realized that there was a reduction, Like I said, a year prior. I checked into it, and.

You would have only lost and you would have only lost fifteen percent had you taken it a year prior.

Yes, And that's what I'm asking for.

Okay. So you're asking that instead of forty one percent, that they only take fifteen percent.

Yes?

And are you asking them to go retroactive on it or to do it from here on forward?

You know at this point, Tom, I'm just asking now for anything.

Well, what I want to know is this, why do you think and Ken, I'm asking because I don't know. Why do you think you would be entitled to it if a year earlier they changed the benefit?

Why do you think that you should get it.

Because the pension has fully recovered the only Oh.

Okay, So you're saying the adjustment they made for early retirement, Now if somebody early retires, they no longer take forty one percent.

Oh No, because at the time I took it there was a recession.

No, I get it. I'm asking this now, if people take early retirement, now, do they give up only fifteen percent as you're asking for? Yes, that is odd. So it really only affected a certain window of retirees.

Yes, because they had a rehabilitation plans during that time.

No, I get it.

When did they go back to offering the lower penalty?

That's what I'm not sure of. I don't have that information.

So there probably are a bunch of retirees that took that forty one percent haircut during that time.

I think there's only a handful that did, but there are some besides me.

That is an odd situation. So you would have gotten eighty five percent had you had you taken it a year earlier.

Yes, I you know, you do have a kind of a good argument. What do they say about that?

They say that they're that they're right.

That what.

I'm trying to read this. But they wrote that they quoted, the figures are right. And I have sixty days to write an appeal. So that's why I called you. If there might be an attorney, well.

I want to know you're you're there. There might be there might be. I don't know who would handle this kind of thing. I got to figure it out.

Can you is that a long letter?

You got a rejection?

It's a twocase letter.

Can you just basically what are they saying? Basically what are they saying without reading the whole thing? Can you just pick parts of it?

The rehabilit plan, change the rules and criteria. Yes, letter providers you is correct, right. The calculations of your benefits.

Are correct, right, based on when you're retired.

I get that, uh huh, And it just.

Gives the date of when I did file my application.

So basically, what they're saying is they're sticking to it because you you retired at the wrong time.

Yes, yes, that's the bottom line.

Okay, So we got to figure out an attorney that would handle this kind of thing.

An attorney.

Is this considered an ARISA thing?

I'm not sure what that means.

ARISA is a retirement thing, you know what I think it is. But let me let me just figure it out. Okay, I just really have to give it some thought on who would do this, Who would take an ARISA case?

ARISA stands I forget what the the letters stand for, but let me check.

Let me check it out and then hold on, Okay, don't hang up. Three oh three seven, one, three eight two five five. I have an Integra insurance on because we had a question from a texter to my Google voice number seven four seven nine nine nine fifty two eighty. And I hope he's listening, but I'm gonna I'm going to tell you what a situation is. He he's turning sixty five, his full retirement age for when he was born in sixty seven. He wants to work to seventy. Okay,

Well, So for Medicare Part A he can apply when he's turning sixty five. Medicare Part A is for most people as zero dollars. It cost them nothing, it's free.

But he must but but there's one but you must get it right.

No, you don't have to because as long as well, let mean as long as he has other coverage qualified coverage, I mean minimum value standard, as long as he has other qualified coverage through his employer, okay, does not have to apply for Medicare A and B. Now, I recommend go ahead and apply for Medicare Part A. It's free, don't have to worry about that. Don't apply for Part B yet though, if you're not going to need it, if you have coverage through an employment or through employment.

And so what if you don't have it through employment, do you have to also go for B?

Yes, because you're turning into you become eligible for Medicare sixty five and.

If you don't. If you don't, it becomes cost prohibitive in the future, right, I'm sorry, What if you if you don't have qualified coverage and you don't get Medicare Part B when you're sixty five, when you're seventy, it becomes almost cost prohibitive.

You get penalized for not having it.

Big time penal penalized.

So it's recommended. I mean, you go ahead and get Part A if you have coverage to an employer. If you don't have coverage to an employer and you're turning sixty five, apply for Medicare absolutely, and he can reach out to us and we're happy to help walk him through those options and.

How to do that.

And when do you apply for part when do you apply for Part A when you're sixty five?

Well, you can, you certainly can. Again it's free, it doesn't there's no That's.

What I'm asking then, so you should apply when you are sixty five. I mean I'm asking for the age. Is it's not sixty it's sixty five? Is that the age?

Okay, that's the one I need to know.

Okay, yeh, got it?

And then and then.

Qualify for then B is only when you don't have other coverage.

Don't have other qualified coverage, So at A or you can do it if you want to do it at age sixty five, but I don't recommend it if you have coverage through another through employment, I would hold.

Now if you apply, let's say you don't have coverage through employment and you apply for A and B. Will you have to since you're not taking your benefits yet, will you have to pay a monthly premium out of your pocket?

Yeah?

Well you get built quarterly, so it's.

Not but you'll have to pay out of your pocket right because you're not having the.

Benefit correct your pay you will be built Part B premiums quarterly if you're not gating Social Security yet.

Okay, Now what about D. Does he when can he get a Part D or for the drug benefits?

Well, you have to have at least Medicare Part A.

Obviously.

If you have a Part A and B, you can get Part D as well.

Uh.

But if he has just A, if he qualifies for just let's say he has benefits at work and he doesn't want to pay for B, and he he qualifies and and applies for the free Part A, can he then buy a port A Part D for drug coverage?

Well, if he has covered through his employer the minimum value standard that has prescription drug coverage, then he doesn't have to do Part D yet yet is what he can.

But if he doesn't have drug coverage and he wants drug coverage, can he get Part D coverage through Medicare through Medicare Yeah.

Okay, Medicare party and that's what we would help.

We would help with.

That as well.

See, that's why I think he should call you, which is, by the way, it's open enrollment, A great time to call anyway.

I really appreciate the information, John.

I'm sorry I always have to parse it because I want to make sure people understand.

It so they can call you.

You guys, know all about Medicare Part A, Part B end of course the advantage plan, right.

Don't you sell those two.

Advantage plans supplements Part D prescription to its plans.

Yes, sir, okay, three oh three four six six fifty five hundred four sixty six fifty five hundred and that's Integra I N T E g r A Integer Insurance dot com. Thank you very much. Okay, so Texter, I hope I answered, because he followed up with a text, so I know he's listening. Thank you. Now, the problem with Ken Ken hold on. We're going to try to find an attorney for you that takes these kinds of these kinds of cases, and I'll let you know in

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martine, you're a troubleshooter. Three oh three seven one three talk through three seven one three eight two five five. Let's uh go to the phones and can I found some I found some attorneys in my uh my search here that do these kinds of things. Okay, now what the the arissa by the way,

But but they can probably give.

You some advice.

Okay, all right, thank you so much.

Let me know, let me know how it works.

Ken.

I understand your reasoning.

You just happen to be in that window where you got you took a haircut, and you're thinking, why now do I have to people retiring right now get more money and other people get more money. And you know it's not frozen in time, right, it's a big fund. So that's a good question. Now, Germo called about a roofing job and Deputy Doc I think took that originally, and I think it's where you paid five thousand dollars down?

Was that?

Was that josh Sandoval?

That is correct? Yeah, josh An all.

Josh A sand of aal Okay, And did Doc get back to you on that?

He tried or he hasn't called me back, but he said you call me once. This individual answered and he's able to conversate with him. But this individual doesn't have communication an olopy at all.

So right now there is no update. You just haven't heard a thing, right.

That is correct, and that is it.

Do you have a phone number? Do you have a phone number for him? I'd like to know how many times Doc called him. See, we got to hound these people. I mean, yeah, give out his number. Seven two zero three two let me zero seven. I'm writing it down. Seven two zero three two zero three two zero.

Three two zero eighty three eighty seven.

Eighty three eighty seven. Okay, So people, you heard about Josh Sandoval. By the way, a number of people have been ripped off by He's not the We're not the only one here with gamo.

Josh Sandoval.

Seven to zero three two zero eighty three eighty seven. What do you get when you call that number right now? Do you know?

What do you get?

Straight to boy Smith?

It does so yeah, I'm either blocked or or or if it's off, I don't know. It's completely close to avoid some seven.

Two zero three to two zero eighty three eighty seven.

I want, I want, while we're here, Deputy D to make a quick call just to see if we can, if we can scare them out. Seven two zero three two zero eighty three eighty seven. This man paid five grand and got zero nothing. Na A, what jurisdiction are you in?

Where are you Brighton, Adams County.

Adams County, Okay?

You know? Why do why do we even have a Contractor's Trust Act on the books. That's what I want to know. I want I want to know what we even have one. This guy, Josh Sandoval is a dirt bag. He's a freaking dirt bag, I'm telling you. So we'll we'll we'll give him a couple more calls and see we can get a hold of them. So I'm gonna, I'm gonna, I'm gonna put Dimitri on this right now, just because he's here, and we will see what we get hold on. What were you saying.

I'll call mister Sandival right now. Can you please in the meantime either text or email me the caller's name and phone number, like to speak with him real quick.

Yeah, I'll give you all that. I'll do that. I have it right here, all right, GAMEO, just hang on you can you we we uh make sure we have his number, Katschina.

Okay, I've got it.

Good. Let's give that to Dimitri and I'll give him a summary of the problem because it really does suck, man. I mean, the whole thing is just you know, taking money like this is just bothering me, just bothering me anyway. Uh three oh three seven one three eight two five five, We have more coming, red up, go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content, wait time for an

They hear me bragging about them, and so.

I like him. They're made right here in Colorado, right right, and they've been made for a while in Colorado, but they.

Just recently entered the residential market.

Basically, well, they've been doing a lot of new construction, so nailing fit application for the longest time with what they've been doing in their high end builds, and then just recently they've been kind of working with us to do like a retro fit, because that's really what we do, is we do a retrofit instead of a nailing.

So you're the exclusive dealer right now. Yes, absolutely.

And they're fiberglass, thermal fiberglass.

I hear they're one of the best insulated not just frames, but window units in the entire industry.

Yeah.

Yeah, no, they they're they're moving a lot in their development and really it's such an efficient window that they've gotten government grants and stuff like that to make a more cost efficient to homeowners.

About the finish, since it's made in Colorado, you got to assume it's for Colorado.

Yeah, yeah, no, absolutely, And there are one hundred percent pre finished one hundred percent pre finished fiberglass. There's no vinyl at all used in these windows.

Okay, is fiberglass? I mean you do both, so, yes, we do. Which one's better?

Well, I mean, long term, fiberglass is going to obviously, you know, be better.

It's just a lot more.

It stands the test time with the Colorado weathers as it does get beat now, Okay, vinyl has come light years. Oh of course, of course, you know the turn of the millennium and everything. So it's gone from the nineties to what it is now. It's it's vastly better. So, I mean the downside of fiberglass is it's just not as cost efficient to homeowners final.

So so fiberglass is more expensive. And how is that done? That's not injection molding, is it?

No?

I mean they they're casted and then they you know, they kind of do what we call stamp them, right A fusion world kind of is kind of what they're going on. They kind of weld them together. It's actually a pretty cool experience you could see up there at the facilities when they're making them. But yeah, no, they weld them together glass frames. Everything built up in Louisville, Colorado.

So they're built here for here, including the insulated glass unit itself.

Are they filled with gas? Are gone field?

Now?

That is better that they're filled here, right percent?

Yeah, some of them they do offer a breather tub bom so they're not our gun filled because they're triple pain so they do allow for expansion and contraction with the different fluctuations and humpter as well.

Cool.

Okay, anyway, let's continue here. Nathan what's going on, Nathan with solar?

It's yeah.

So we had solar panels put on our house about three years ago, and that company was largic company, but they got taken over by a company called sun Run.

I think everybody knows, but.

Who who were they when you first put them on?

It was.

Set a brain part. I'll think of it in a second.

It's okay, but the company that sold you the contract, they're not the ones that actually did the work right.

They are, and this was your solar panels. You basically did your solar.

System Win.

Twenty twenty one.

Okay, So go ahead, and then what's going on?

So just before that, we had had the whole backside of our house, replace of our roof, replace in our skylights were all brand new.

We've had those replaced in order to do this.

And that was that by an insurance claim.

No, that was out of pocket.

Because I didn't want to file an insurance claim.

I didn't want to take that hit, okay. And so since the panels have been installed, we've had numerous.

Roof leaks.

And I've reported this to the solar company.

They see I'm concerned. When you say hold on, I'm concerned. When you say they were taken over. That was the part I tried to figure out who was the company and who is the when when you say they were taken over, what do you mean?

So they bought the other company?

Okay, that's bad.

News for you.

So I feel like yes to no, but I have.

Well, whether you feel like yes or no, here's what I'm saying. If they do it for you, if they if they honor any warranties or help, it's going to be wonderful. However, most companies, when they buy a company, do not buy the obligations of past jobs.

They just don't. That is a fact of life.

Yeah, I understand that. I've listened to your shows enough to understand that.

Yeah.

But they've taken a lot of sets to move forward. That's nice, that's November.

That's nice.

But they they haven't. I've had they've sent five different roofing companies out, they've had their inspectors, they've taken off our solar panels and.

Who was it taken over?

Who who's the company now?

Fun runs?

Okay, so I think they're the largest company in the country.

Well, it doesn't matter.

They don't. They don't owe you anything. So what they're doing is really.

Nice, right, Yeah, but.

They have despite all of this, that they've promised and guaranteed that they will fit.

Is what they've said multiple.

Times in emails. Nothing has been happening, and I've been contacting them.

We have they actually tried to fix it, or not even attempted.

So they they had their own inspector come out back in December and he reported to them what he thought the damage was caused from. And then they've sent out multiple roofers.

Okay, so what did what did the inspectors say when they inspected it.

He found multiple places where the lag bolts had missed the joyst and that the water was coming into.

The lag bults.

Okay, I got it. Yeah.

And there's just I mean, there's so much gold and stuff up in our attic. We have electricians found it. The said the inflation was all let up there at the time. So that's how it got to our attention. And every one of the roofing companies that Sun Run has sent to our house has all said the damage is much worse, and.

So has anyone attempted to fix it?

Let me just ask you that name.

They have an attempted to fix it. They've taken off the panels, and then every time they go to they've talked to the roofing companies to do it. The roofing companies are not willing to do sunder and want them to locate on the roof different lag bolts and replace small patches, and the roofing companies have all said, we will not do that. We will replace the whole backside of the roof, but we will not just try to find because that leaves them. They say, it leaves them liable.

That's right, it does. It does leave them liable. But there are companies that might do it. There are companies that might patch it.

I've asked if I could look for a company, and they say, no, we have to look within ourselves. They had one company that they were going to move forward with who then back off and would not do that, so then they look for another company.

That company was in I'm sure if you found a company that would do it and you presented it to them, why wouldn't they Why wouldn't they pay for it.

There's such a big corporation they they said, it has to be within our corporate within our contact in their.

Network, all right, do you have a warranty?

Uh?

I think I probably do.

I mean from the original company which.

Nathan Nathan listen, Sun run if push comes to shove, Nathan Right, I'm just gonna tell you can't make them do it. Okay, unless you have a warranty and they took it over, you can't make them do it.

All you can do is for the warrant.

And they've taken they gearing. Wait wait, what's that they've said in writing that they have taken over.

I want to see it. I want to see it. I want to see if you have a new contract. No, not, I want to see where they have committed to you to take over the warranty. That's all I want to see. Don't send me a lot of crap, That's all. I want to see. The part where they say we take full responsibility for the warranty. Okay, three all three seven one three talks seven one three eight two five five Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content.

Find out Now three all three seven to seven to one help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot Com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three all three seven on three talk seven one three eight two five to five fail. Welcome to the show. You have something with Rhino Shield. Now, I must say this, and I'm just saying it. They're not a sponsor or anything, but I want to be truthful. We have never had

Well, I've got a twenty eighteen Heartland forty five foot toy holler fifth wheel. Well, we're full time our veers.

And uh, it's a fifth wheel that you live in, plus a toy hauler with it, or just a toy hauler.

They classify the fifth wheel as a toy holler.

It has a ramp on the back and yeah, but it does it have living quarters on it?

Too?

Oh?

Yeah, yeah, Okay, I mean it's I've got two convection of in this roll.

Got it, got it, got it? So feel a fifth wheel trailer with toy hauler got it?

Got it with a with a with a compartment. Not all fifth wheels have a toy hauler in it. Go ahead.

So what's going on?

Well, we contracted with them to paint the place.

It took Kuja Contract five.

Rhino Shield of Colorado.

I didn't know they do, like paint regular paint.

Yeah, I mean their product is just one hundred percent acrylic Sherwin Williams paint with ceramic beads in it.

Okay, So when they do a paint job, like on the whole thing or just the lower hand, I mean usually the rhino is used. If I'm thinking about the right stuff, isn't this the rhino shield they put in pickup truck beds and all of that negative?

Oh?

Why am I thinking? Okay, it must be something different? Is rhino lining? Bronic?

Because while I was on hold, their advertisement came up. While I was on hold, I.

Was not thinking about rhino shield. Then, I don't think.

I'm thinking about the ones that we never had a comp about. Are the ones that do the truckbedliners? I think, Okay, hold on, Phil, We'll come right back to you and find out what's going on. Then with Rhinoshield, it's weird that two companies can have such a similar name without them complaining about each other doing that.

We'll come back and talk about the problem though.

After this. I'm Tom Martino three all three seven one three EA two five five Stick around, Go with a sure thing Denver's Best Roofer Excel Roofing dot com. You don't pay a cent until you're contenth time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven to seven to

Rippedum. You need advice?

Who you don't have? Come running just as fast as we can.

Shooter's gonna help.

Come Dix's The Troubleshooter Show.

No Tom Martine, Hello Tom Martino Here. Solving problems, answering questions, taking good plaints, making your life a little easier today, and we have a guest today KH Home Solutions. You can reach when or not here at khwindows dot com. We're talking about windows, siding, doors and more. KH has what you're looking for. That's what they say.

Hey.

By the way, we're also talking about anything on your mind, on your heart and pocketbook. We have a way for you to text us as well if you can't call in and I do answer by text, or I answer on the air for your text. If you're listening, just make sure you let me know you're listening. If not, I'll try to type out an answer for you. And where you can do that is my private a Google voicemail seven four seven eighty and that comes to my

Phil.

Well, you know they were supposed to start back in March. They got about two or three week delays.

And now you didn't pay them anything upfront, did you.

I paid them a thousand dollars deposit is.

What they required when you dropped it all for ahead of time.

Oh, they did it on site.

Here.

They go out and paint homes, so they just come.

Out here and they okay, So when they showed up, you paid him half down.

No, it was ten thousand to have the whole thing done. I paid them one thousand dollars down.

Okay, got it, all right?

I mean the story's too long for your show, that's for sure.

Well no, no, just go ahead, let's try.

Let's just start. What went wrong?

Well we've well, they came out and you know, as you their salesman advertises their product. He brings a piece of siding with him that allegedly has their product on it. He takes a wooden stick and he just scrapes back and forth on it and shows you how yeah, resilient if you will, their product is yeah, got it. It makes all kinds of promises. So they came out here and as you can imagine you've seen newer fifth wheels, this is a twenty eighteen year model. They've got graphics

Were they going to do just one color? What's the color scheme on that?

That's two colors, body and trim.

Okay, So they come out to scrape, if you will.

Remove all the graphics. The graphics are like stickers on these units.

Yeah.

The shell, as you know, is fiberglass. Well, they came out here and the south side, of course, was tougher. It gets the most sun. They took scrapers to the south side and scraped clean through to the substrate underneath the fiberglass shell and had to go and put bondo on appropriate.

Wait a minute, they damaged they they damaged the fiberglass walls.

Oh yeah, yeah, what are you kidding me?

No, I mean so when they were trying to take the graphics off, they literally scraped the top of the fiberglass and exposed the substrate where they had to now rebondo that affirmative.

That's crazy. Did you see them doing that?

I didn't see them doing it. I saw the result, you know, when it was you know, I would come.

Now, did they do a good bondo job? I mean that can be you know, by the way, what bond. It's not like on a car on a car body when they do it, sometimes that fails. But on fire, you can put fiberglass on fiberglass. There's nothing wrong with that.

If it's something there's more than a car body flexes more than a car body ever would going down the road either, which you know, introduces structural integrity concerns when you have.

How big were these gashes they filled with bondo?

Oh?

Some of them two three inches in diameter?

Oh man?

Anyway, so keep going.

How So as a result of this, when you when you did, did you see the bondo job before they painted it?

Yes, I've got I've got pictures of it. I would take pictures.

Okay, are you setting now?

Now?

Here's what I need to know. When it was all Is the job done? I'm not asking if you like the job. I'm asking if the job is done?

Affirmative?

Okay?

Is the job so crappy that anyone walking up would say?

What the hell did you do? Phil?

No?

Okay, how is it? Go ahead and tell me.

What do you mean?

How is it you're calling? I assume you're calling because you don't like the job.

No.

They what they did is so four or five months in, you know the I canceled one one check for payment. After I walked around, I gave it to him. They grabbed a check, they ran. They would show up at nine, ten eleven o'clock in the morning and leave at two o'clock in the afternoon. They had ten or twelve different people, only two of which who spoke English.

You said the job was complete in the place you said.

The job was completed.

So rather than go through the day by day, what is the problem now? Does it is it?

Say?

Did the slideouts? I called them and asked him if their product was compatible with EPDM, which is a product that they use on the slide out roofs, so to protect it from UV. I had the main roof done just before they came out here. There was no problem with the slide out roofs. I figured I would have them put their product on the slide out roofs. So I told them. I called their main office. They confirmed that their product was compatible with EPDM. They came out here.

Wow.

Three four nights later, I go out, I climb on the roof and it's literally blowing off on the slideout roofs. I've got pictures of it flapping in the way.

So it did not adhere. It did not adhere to the DPM.

Affirmative.

Okay, And.

So they said, you know, okay, we'll come back out, we'll peel it off there So wrong story short. Where the EPDM wraps over the edge of the slide outs, the product bonded fairly well, so in an attempt to get it to come off, their painter took a razor blade, which I have a picture of the razor blade on the roof. I have pictures of razor blades laying by the slideouts on the ground with their equipment. He took and attempted to I can only assume score the paint

Tom, listen, we have.

We have.

Here's what I need to know.

Okay. I know you want to tell me each in every detail, but I promise you it's not necessary.

Here's what I want to know.

I want to hold on, hold on, bro hold on. When did you have this done? When did you actually have it done?

Well?

They started in March and they finished about four months later.

Okay, March April May June.

It was done in.

June, July or August. I apologize, what is wrong?

Here's what I need to know. Okay, Phil, you're all over the place, but but you're making sense. I understand why you're upset. What I need to know is, right now, what is the condition of your fifth wheel? Regardless of the nightmares you went through? What is the condition of your fifth wheel, including this the roof right now?

I took and I gave them some I bought some tape.

I know I didn't ask that. I'm asking you this, what is the condition of your fifth wheel and the roofs, of the slideouts and everything they did? Right now?

Fair?

Fair? Okay?

What?

Okay?

What do you want? Right now? What do you want? Did they repair the EDPM? Did they repair the polyethylene roof that the rubber roof?

They put temporary tape on it, which has had to be done so that water damage didn't.

I'm asking did they ultimately repair it or does it still have tape on it?

It still has tape on it. I gave them an estimate and they ran and now they're so so.

When I said, how is the job?

You told me?

Fair so? Right now, you're telling me right now, it's not fair.

You're telling me the roofs the roof, the roofs on your two slideouts or however many sides they have to be redone. Yes, okay, they destroyed your EDPM roof, your ethylene problem. I know what it is, ethlen propylene d N monomer. I had it on mine.

Okay, so they have to redo it or pay for it.

Exactly?

He can is I get it?

He's on the line. Is the president of Rhino is on the line.

I want to know this.

Are they refusing to fix what they destroyed?

Affirmative?

Okay?

Hold on?

Then it was pre existing?

Well well okay, well you had him coute it for a reason, was it? I don't know why you would quote a perfect roof, so obviously, listen, I'm trying to be objective here. But obviously something had to be wrong with it if you wanted to code it. But but I don't know, Maybe I'm wrong. Hold on, I got to take a break. I want to give this guy time to talk and maybe we can solve this problem.

I'm Tom Martinez. We have more coming up.

Go with a sure thing, Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one.

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. I want to bring up Jim Williams, president of Rhinoshields. He called in when he heard this problem. Jim basically, yeah, yeah, I just wanted to recap up. Phil is just basically saying you had a poor job on his fifth wheel.

Go ahead, someone who's disgruntled about taking our product and using it beyond its capabilities. We paint houses and buildings.

This is a moving object in.

Our v Yeah.

Yeah, he called in. He was aware of that.

He's like, but I love your products, so I want to put it on there. We did it under the terms of the agreement, a written document enforceable in court where he has no warranty.

So basically you formed an.

Editorial with a guy who, upon us, understood he was stretching the capabilities of the product.

Jim, did you hear me question him in this?

There?

It jur there.

Other than that, it's just editorial.

And guess what, Jim, Jim, we're not making news, Jim, we're not making news out of anything. We take calls from anyone and then we explore them. Hence you're on the air.

We would have.

Called you had you not called in.

We're exploring this.

That's called freedom of speech, which still is an effect. Okay, listen, Jim, just shut the hell up. Okay, I am actually on your side, but you're an ass. Why don't you just wait in here? Don't tell me I can't talk about anything. Go vote for Kamala Harrison, Go to hell. I'm done with you. You know what, if you have a if you have Phil, if you have if he doesn't want freedom of speech, he is saying, we can't talk about this. The reason we call people and the reason we investigate

Is that true?

Not?

Phil? Is it true?

No, sir negative?

Okay, you do have a warranty, affirmative, send me your contract.

Okay.

Jim is saying exactly the opposite, and I listen, I don't know him. I have to take him out of his word. He is saying that this is not made for what you wanted. You insisted on it, and they did it without a warranty. So I want to see the contract, okay, and ask Jim if if Jim can see his way not to criticizing freedom of speech, but if he can see his way to sending us his copy of the contract, we'd like to see it. Okay, we would like to see it. So, Phil, I need

Is that what you're saying. Phil.

He's on the line with Kelly right now.

Okay, hold on, I want to I want to get to the bottom of this. Okay.

And and by the way, Jim, welcome to the United States of America, where we can talk about anything we want. And I pride myself at being fair when gathering facts, then I do form an opinion.

I do.

That's what I do.

It's called advocacy.

The problem is most journalists don't have the balls to admit when they're taking a stand.

They just make it sound like news. I'm very clear about it.

I am objective when I am gathering facts, and then I take a stand and I take a side unless both of them are wrong, and then I say, you know what, I think you're both wrong. I don't know what to do.

Kirk, your turn. What's going on? Kirk?

Yeah, Tom, I am calling in a first time caller.

Yeah, what's going on?

I am involved with the Arapahoe County court system.

Okay, let me explain something to you though.

When you're involved in the courts system, we don't have a lot of jurisdiction.

No one does over the courts, okay. In other words, if.

You're unhappy with the way rulings win or motions or blah blah blah, unless.

There's absolute fraud or corruption going on.

So what's going on with you there is? Okay, I know, I know that's what you're gonna say. A Rapo County court system. What's going on with it?

I have been in the courtroom sixty two times over five and a half years.

What do you mean by that?

Why?

For just Seth an at risk adult? They have claimed that I stole money from home?

Okay, So you're being accused of Are you being accused of a crime or is it a civil matter? It is a crime, okay? And who brought the charges against you, Kirk, this is really important. Who brought the charges against you? My mom's sisters, sisters, and well are your mom's okay, your aunts?

Then?

Right?

Yes?

Okay, so you were what were you charged with, by the way.

Theft and at risk adult?

Okay? Now now now, now hold on, when you're charged with a crime, listen, I know that no system is perfect, but when you're charged with a crime, you're you're usually tried on that or you do a plea bargain And and do you did you have a defense attorney?

I had a public defender out of a Rapo County, Okay.

So so anyway, you were a theft and person at risk.

And so.

So what happened? How much? How much they alled?

You took.

Twenty two thousand dollars and it was a payment that was made to me through power of attorneys and only beneficiary to my mother up twenty one hundred dollars a month and it was for eleven months once she was placed in assisted living.

Okay, Now, now here's what I'm going to know. Why did the sisters get involved in this?

The sister one saw a in out statement from a casino in Council Bluffs, Iowa, and saw that I had placed wagers of one hundred and sixty three thousand dollars over a year. And she says, well, you don't make that much money. And they got the idea in their head that I was stealing money from my mom.

Okay, got hold on Kirk.

So was this?

So was this?

Literally were you arrested or just charged?

Like?

Were you arrested and brought into custody.

October nineteenth, twenty and nineteen. I was took in and originally charged for homicide and at wait wait wait I already already?

Wait?

Wait?

Is your mom dead?

She did pass away Mother's Day Eve of twenty nineteen and that was due to Alzheimer's And who but you?

You did not?

You were not convicted on the murder charge, were you?

Absolutely not?

Sir?

I haven't even went to trial.

Wait are you still charged with murder?

No?

I'm charged with beth and at risk adults.

Yeah, okay, but not the murder. Did they drop the murder charge?

Uh?

There was never a murder charge.

Well didn't you just tell me there was? Didn't you just tell me on suspicion of murder you were arrested.

No, it was homicide, Tom.

And okay, it was all right. Homicide is murdered.

Did you know that? Look in the dictionary?

Yes, sir?

All right, so homicide?

Were you?

Are you still facing homicide charges?

No?

Okay?

Were they dropped?

Yes?

Okay?

Your mom's sisters brought the case to where the Rapo County Sheriff.

They originally started in Lincoln, Nebraska. For eighteen months I was under investigation during the Human Services Department. I moved to campil Balfice.

Okay, I don't need to know that. I don't need to know each and every detail. So what are you calling?

No?

Listen, so I need to know what are you calling about?

Today?

I have been.

Accused or said that I am an incompetent person sustain trial.

I have you mean mentally mentally incompetent?

Yes?

Were you?

By the way you said you were in court these sixty two times over five years. Have you ever been convicted of anything so so far? No, sir, there have been no convictions over five years.

No.

So are you still pending all of those charges that were brought to you on October nineteenth or twenty nineteen?

I am faced with the theft and at risk adults.

And I have been screaming, and they're saying you're not competent to stand trial? Is that what they're saying?

The first evaluation was competent by the prison official that does all the competency tests.

Are you in jail right now?

No, sir, I am out.

How long?

How long were you incarcerated?

I have been locked up in a Rapa hoe on and off because of warrant, because of no warrants. Yes, and it was old outside two hundred and forty three days. I have been placed in and out of jail in a Rapo County and where I am living in Gilben County homeless.

Tom Oh my god, listen, bro, I don't know what we can do to help you. What are you looking for right now? I mean you have a public defender. Where does your case stand right now?

He had yesterday a final pre trial readiness appearance in firm of the judge. Yes, he has reiterated and brought back up another evaluation. I've done ten No, no.

Who's he? Who's he? Your public defender? Let me ask you this, Kirk, is your own public defender. Is your own public defender trying to make a case that you're incompetent?

There is a defense in there.

But at the same time, I'm just asking that that's a yes or no. He is making emotion saying you're not competent to stand trial? Is that correct?

That is true?

Darm okay, and you disagree with that, Why wouldn't you take that?

Well? His incompetence through their providers have found me incompetent. I go back out for second opinions. My providers find me competence beyond a reasonable doubt.

Well, now it's hold on, hold on, hold on, okay. Who are your providers that are finding you competent?

I went through and looked through psychologists and people that handle court.

Did you actually have tests done? Yes, by your own providers. How did you pay for those tests?

The court system paid for it.

The courts allowed you to go to your own providers to have competency tests done. Because after this, I'm just asking no, I'm asking yes or no questions. Did the court pay for your competency checks at your own providers.

At my providers that I picked out?

Yes? Do you have those finished reports about your competency?

I have asked my attorney.

No, hold on, you said you had them done your attorney? No, No, your attorney is going along with the incompetency. I want to know the ones that found you competent. Do you have copies of those reports? Yes, sir, I want to see them, Kirk hang on, We'll give you an email. That's all I want to do. I want to see when they were done and I want to see that they were that you were found competent, and then I want the case number. Okay, that's all I need Kaschina.

Hey?

Tom? Hey, I got a question for you.

I just sir, let go from my current position, and I'm trying to decide between looking for a W two position or a ten ninety nine.

Having on health insurance.

UH and I'm over sixty two, and I can draw on my ir if I want to, so between the two, like you, which would you choose?

Okay, well, here's the important things. Sometimes you don't get to choose what I mean. Well, well, of course you do. You get to choose. But I mean companies can't offer you either. Or I mean, if you want ten ninety nine work, Troy, you can go out and do it. And I think it's a great idea in your position. It's probably best in your position for a few reasons. You know, if you have your own health insurance and that,

Yeah, So what do I need to do to set up myself as a ten ninety nine employee?

Nothing. You just have to find a gig and do it.

Now.

If they do it wrong, you don't get in trouble. I mean, you know, if they say you're ten ninety nine, you're not going to get in trouble. I mean they are. But what I'm saying is this is that with a ten ninety nine, I just want you to know that they can't control your motion, or your time, or your equipment.

Like it.

You know, if they had you operating a back ho and you even if you came and did it anytime you wanted, you're not ten ninety nine if you're using their back home. So there's a lot of rules people do not understand. I'm Tom Martinez Moore, coming right up. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content.

And we have to curb our speech and all of that.

And and you know what, I pity this country if we have to worry about that, And and I mean that now do people have responsibility to be fair? Sometimes but not really. But if they're not, they face the consequences and they should. You know, I even believe that hate speech is okay to express. I think it's wrong. I don't like it. I mean, it's totally wrong. I think it's mean, vulgar, anti everything I believe in. But I would not want to suppress anyone from expressing hate.

So if someone uses hate speech, let him use it.

I can choose not to not to read it, or not to advocate for that person, or not to not to agree. So my point is freedom of speech, It truly is. I truly believe in unlimited freedom of speech. Now, people always give the example yell fire in a theater. No, I'm not talking about that when it does direct harm to people. I mean direct harm like causing a stampede like that. But if I do hate speech in some

Ripped of new You need Advi's who you don't have?

Come running, suspasses, We can Shooter's gonna help.

Come man, This is the Troubleshooter Show.

Now Tom Martine, Hi, Tom Martino here, Welcome to the show. Three all three seven one three talk three all three seven one three eight two five five got an hour to go. Gonna help you solve your problems, answer your questions, take your complaints, to make your life a little easier. I want to talk to Barry Miller right now with Vestera Turnkey because he has a seminar coming up.

I think it's this weekend.

Well, it's a webinar, which is even easier to attend than than a seminar. A webinar is from your Homer office or even your car. Obviously, if you have ten from your car, you got to listen. You can't watch it, but unless you're a passenger.

But Barry talk about that. What are you going to what are you going to be talking about, sir.

We're going to talk about how the program works, because so many people say, well, it's too good to be true forty five fifty to fifty five percent per year return. So we're going to break it down in good, good, clear terms for the consumer so that they understand and see the fun way and detailed research that goes into how this program really works. And all our customers are getting over forty percent, over forty percent return.

All of our customers right now, Barry, all of your customers right now getting more than forty percent, most of them.

More than fifty and I'm talking over eighty percent of them are getting over fifty percent. So I like to say, well, there's a couple under that only because of slightly highering.

So when you talk about return, and by the way, for those joining us, we're talking about the the Vestera turnkey, which helps you become a landlord basically without any of the hassles associated with normal landlording. I mean you basically own real estate. Barry talked about research. He goes out to the hottest markets, so they're not in Denver necessarily. In fact, they're not, but they could be right, they

They don't have to worry about much.

Now they do have to qualify for a loan, and they do have to have a minimum investment in all the That isn't that correct?

That is correct?

Okay? Then go ahead, yeah, go ahead. No, That's why I just wanted you to continue on. So when you talk about return, I wanted to ask about that. When you are you talking about everything concerning the positash will plus the capital gains at the end. Is that what you're figuring into the total return?

Correct?

But also we include the.

Costs of selling the.

Property, okay, which is not anybody's intent for until two or three years, and so we put in all of the dollars, every single dollar that's out of pocket from the investor's side. Typically that tom that's when they buy the property. It's positive cash flow. Again, that's ninety five percent of the time. Occasionally there's a hiccup, you know, and the rent went down fifty dollars you know, a month, and there's a two hundred dollars a year negative cash flow.

If they choose let.

Us take the call, you know, oh well there's a broken window. And really, out of over one hundred properties, we don't even get two calls in a three month period where something's wrong with the house.

You buy right, you sell right. That's the important thing. You take care of all of that.

And of course the people say, well, how's Barry making money? He is, He and his team make commissions on the way in on and way out. But that's it.

I mean, it's an amazing it's an amazing value.

Amazing. And then of course management companies, he doesn't mark that up that that's a straight through and whatever. What our management companies what ten percent of rent or what is it?

Normally well, normal, good, good, good property managers are.

Ten to twelve.

Ours are literally nine to eleven. Remember, management companies, some of them, most of them take a half a month's rent up front. Yeahp for acquiring the tenant.

Tom.

We've negotiated that down to a maximum of five hundred dollars some of them. Now we're working with enough and they have it at zero zero costs. We save money for our consumers hundreds of dollars in every which way that we can because of our volume.

Somebody wanted to know on my text here real quick, what are the market? How many markets are you in?

Yeah?

Right now we are in literally five different cities. Now some of those would be called metropolitan areas, you know, a couple of cities within them. And we have three that we are have designated as the next three and now I am in process of finding and vetting the best. We have to have top people in the buyer agent category, and I'm vetting those three added markets right now. And they are all to the Mississippi at this time because the price has to be right and the highest appreciation

So you're always expanding and looking for new opportunities.

Always looking, always researching, always looking and expanding because our company is growing.

Now. If people want to get involved, I want them to go to this webinar though, and it's this what Wed Saturday, Saturday.

Saturday ten am our time of course Colorado time, and it's a fifty minute seminar, good PowerPoint. We send the whole power point out to the to all registerrants ahead of time.

Oh you did, wow, yep, okay, and they can.

So they have it there. They could take no. I hopes they could follow along, you know that kind of a thing.

So they can register right now. My biggest return dot com.

Correct, my biggest return dot com.

My biggest return dot com. Thank you very much, Barry. I appreciate you being here man, Thank you, thank you, thank you. All right, so you heard it, and uh, it's it's a pretty cool system, that's for sure. Vesta turnty and it's my biggest return dot com. All right. We have more coming up on the Troubleshooter Show. Three O three seven one three talk seven one three A two five five Go with a sure thing Denver's best

Make it a quick one.

Basically, have you heard of this stuff that like they send a sleeve down a sewage line and like reinforce the slash repair it. I've had an extremely complicated situation.

Who on the refer list.

Would be plumb line, plump line, plumb line? Okay, by the way, they have a number. There are a number of different ways you can do tricky. Why is your sewer line tricky?

Ay?

It runs through my backyard as well as our neighbor's backyards, and.

You don't want to go digging that up right right right. There's something also that they will need. They still need some access to the end of it, you.

Know, the clean out.

Well, they might need something if the whole thing, or could do just my section of it.

Or well if it runs through their yard, do you have an easement for that?

That.

I'm not sure the house is built in nineteen oh two.

Oh, never mind, no one had. Here's the deal. When they do that lining you're talking about, they can line it, but if they're sometimes they need access where it connects to the main. Sometimes it depends on your sitting. Why don't you have a clout. Look, they're pretty honest people. They're going to tell you everything, and they have all the latest technology. They have the pipe bursting, which is where they take a bullet shaped item and they pull it through.

So they got to go to the other end to pull that through.

In fact, in every case you have to pull from the other side to get it fully lined, and then they blow it up and epoxy it. The other type is pipe bursting, where they pull it through and they they pull a new pipe in place of the old one. And so yet, in every case, will your neighbors not allow you to get on the other side?

Oh, we haven't asked it yet.

It goes through that.

We have two neighbors on the wa Wait wait, oh wait, you said it went through.

Where does it terminate? Does it terminate on their property?

No, it just goes straight through them and then goes out to Oh.

That's fine then, but you're going to have to have access on both ends. Remember that your house is not going to be a problem, but on the other end, you're going to need access in order to do any of those retros.

Some kind of access more than a clean out or.

Well, I don't mean I mean equipment. They need to dig down and pull something through from the other side.

Gotcha.

Okay, I see what you're talking about.

All right, I'll give them a call.

And if that's not where what property is the other side on? Is it on someone else's property, a third person or is it on the city property?

It's basically a row of four houses, minds a third in the row.

Here's what I'm asking. Okay, the other end of your sewer, where does it terminate.

It finally goes out to the street.

Okay? Does it go before it hits the main line? Where is there any space there where it's public property and not someone else's property?

Yes? I believe there is a sewer.

Sewer?

Great right there?

Well you know what, have them look at it? Would you do me a favorite, Anthony? Would you let me know because I love knowing about this stuff. Once we've talked about it, I want to know what you do, so okay, great, I would love to hear about it, so thank you very much. So just call back through OSTree Martine and leave us a message. We'll put you back on where you can text my my private Google number seven four seven nine nine nine fifty two eighty.

And Rhino shield is not to be confused with rhino lining.

But this one guy called and said, Phil said, I had my fifth wheel trailer painted with Rhino Shield, and I put a thousand down on a ten thousand dollars job, and they showed me how durable blah blah blah. He said. During the process, he didn't like the way they did the walls, and they did the way they gouged it when they pulled out the uh pulled off the graphics and then had to bond to it. But okay, it's done. Though it's done. They put the rhino shield on it.

Didn't he tell us that? Were you guys listening Kaschina?

You heard it?

Your dollar?

Did you hear that? Did hear that?

Chopper?

Okay? Did you have to see what he sent to you?

What the consumer said?

No? Not only the consumer, we also have an EAU. Okay, hold on. The consumer sent me a twenty five year warranty with his name on it.

Okay, Now look at the email that I sent you forwarded to you from a gentleman named Daniel at Rhino Shield and click on that area because that's also the warrant I.

Got, the one from Phil. Now the one from Phil from Rhino Shield. Rhino Shield. Okay, it says non pro rated transferable limited warranty.

I got it and it said, oh okay.

Then it says here Rhino Shield ceramic coating is not warranted on mechanical or moving parts.

Well, what the hell does that mean?

That would mean that that doesn't roof.

What would you think that that's the slide out roof?

I don't know.

But what about the motor home itself or not the motor home, but the ba the fifth wheel, it's it's a movable object.

But it didn't No, man, I don't know.

That is pretty lame. It says rhino shield ceramic coating is not warranted on mechanical. So would he say the whole fifth wheel is mechanical. I didn't see that highlighted area. Is that on his warranty as well? That highlighted area I'm going to go see because I didn't see it on his I did.

Not see that on the one he sent me. So let me look at it. H Let me see, man, I don't know. I can't find it now he sent me.

He sent me the.

Here, it is here, it is okay, it's not Let me see.

This warranty is valid only right lease, rhino shield is not warranted against wood rot water intrusion. Blah blah blah. Ronal shield is not warrant. I don't I'm trying to find the liquid part here, excuse me, the mechanical part on this one he sent us, because this has Phil's name on it, the consumer, the date, the registration number, everything, But I don't see on this one. It might be here.

I'm trying to do it while I'm while I'm alive.

Here, let me see physical cause of any kind of lack of propert Dreanda, No no, no, no, no no oh wait here it is is not warranted on mechanical or moving parts, so it is on this one.

So how would that be interpreted? How would that be interpreted?

I mean, how would it be?

It would be And I don't play one on TV? But yeah, no, of course not roof is a move It's a slide out roof, so that's a moving part to me, So it's not warranted.

Right And he wasn't complaining about the other parts, so he might be then yeah, that, yeah, could easily be. Now go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content.

All of that.

And we've never had a complaint about that aspect. Okay, and again, don't confuse it with rhino lining. That's a whole different product that does pick up beds. Now, let's talk about Phil's case with his fifth wheel. I looked at the warranty and Phil, there is a disclaimer in there, and again I don't have it in front of me. Does someone want to read that disclaimer for me? Do you have in front of you kachina or not? If not,

Ahead, They told me that mechanical because their business, as you said, is houses. Of course, they were talking about garage doors. Okay, they go up and down, so you have the rubber wiper on the side of it.

But that's not the that's not what the warranty says. To be fair, that's not what the warranty says. I mean I'm not. I haven't got go ahead.

I have no problem with their product. Their product, Their product works fine. Other than where they told me it was compatible with the EPDM, they just didn't prep it correctly. It blew off. When they came back out to redo it prep it correctly. They took a razor blade and cut clean through my ep d M where the piece of trim goes over the top of it, where it wraps around down the vertical part of the slide out. Now these slideouts have a move We're full timers. Both

You know.

So the thing hasn't gone anywhere.

It hasn't done so rhino shield ceramic coding is not warranted on mechanical and and that a mechanical or or moving parts. Now, I will tell you it's not crystal clear, Phil, it's not crystal clear. But I don't But but so what do you want to work?

You but you want them to spend how much to replace that roof.

The estimate I believe was somewhere around seven thousand dollars they cut the roof.

And now let me tell you why that's Let me tell you why that's good news for you, because you can actually get a judge to weigh in on this and in small claims court your limits seventy five hundred. It would be a very easy thing to do because Rhino would simply say, look, we're not made for this, that's why we have the disclaimer, and the judge would rule on it. But it won't It'll cost you like fifty bucks to have it done. They're a reputable company.

Where?

Where?

Where are you set up? You live around here?

Right?

Yeah?

Well what would be wrong with that?

Between Watkins and Bennett, what would be wrong with that?

Well?

I was looking for advice for an attorney. I mean as far as why would.

You need an attorney for small claims court? If you can fix this, if you can fix this for seven grand, why would you want Do you know what it would take to go to court? What do you think minimum? I know this because I've been in court so many twenty five grand okay, and then what do you look, Look, if you can do this in small claims court, have a judge declare whether that warranty, whether they should fix

I'm sorry, disclaim what you said. He had the disclaim it.

That's why he did. That's why he pointed out the disclaimer and the warranty, the one that says it doesn't warranty mechanical or moving parts. And anyone could argue that the whole fifth wheel's moving. Look, look, I know, I know that's not that. Your argument is this. Your argument is this, you never got the benefit, whether they warrant you or not. They shouldn't have cut it when they were trying to do it. That is what you need

Right.

So I researched this, yes, and I have a copy of the contract that he signed with Guillermo, and there are a couple of discrepancies here. So he is using a construction a contract with a logo in the address of the wrong company.

One company.

Well, I called that company and I spoke with Brian, the owner of that He said that mister Sandoval and Brian had, years ago, according to him, been involved in a business deal where mister Sandival would go out get roofing jobs, they would do them, and then they would split the profits. However, according to Brian, mister Sandoval kept the contracts for himself. So now it looks to me like he's using the contract that was preprinted by Brian. However,

Let's says, what about the other people who have texted and called?

Did he deny that?

Well?

I the other case that mister Sandoval had discussed with me without my knowledge, apparently we had another call. This is prior to my involvement from missus Pacheco. I believe yeah, And he insisted in explaining that case to me as well. Well, similar deal, and he's refunding missus Pacheco's money five hundred dollars every other week.

Right, Well, you know what, at least the guy is trying. Yeah, unlike who oh, unlike.

Just Justin Garca Garcia.

Who stole sixty two thousand dollars.

And it is a crook from an old lady who's broke alone and scared.

We have more coming right up, I gotta take the.

Hi Tom Martino here, don't forget K and H Home Solutions. The promo code Martino ten twenty two. Through tomorrow, you can call and get a free upgrade to triple Paane windows. If you're buying windows, or if you're buying siding, they're going to do that insulated vapor barrier with it's our six. That's great. Okay. I'm getting a lot of texts about this about my financial services company, who are registered financial advisor, Wave eight Wealth Management. The website is invest with Martino

In fact, I am working with Joe Cannell.

I would make references if people need part of their money in a fixed index aninuity, I would make references in VESTERI turnkey. In fact, we're putting together funds for people who don't have enough money to do the whole thing with this the era, but they want to take part in that to make that return. So we're putting together LLCs that can own that with us together as a group. So what I'm doing is different. But here

For me

At