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spdrun 11-03-2013 11:11 PM

Quote:

Originally Posted by barry12345 (Post 3233298)
Eventually we got down to the wire and they said since you are not going to give up we will settle for so much money. Actually just the amount we originally owed. Sick large north American company.

If they were such wankers toward you, why not mention their name -- they seem to deserve a dishonorable mention in every forum you frequent? I know that I have no shame in referring to entities that tried to screw me over by their real name.

Skippy 11-04-2013 04:51 AM

Was it an outfit called Charter?

link 11-04-2013 10:24 AM

Quote:

Originally Posted by Honus (Post 3233006)
That's true under certain circumstances and in certain states, but they might have a hard time making those arguments while simultaneously asserting rights under a written contract.

I am not aware of any way to compel them to produce the contract until suit has been filed, which really bites.

Consider stepping up your efforts to get them to show you the contract. You might want to start daily phoning, emailing, writing, and/or, if feasible, stopping by their office. Being a squeaky wheel often works.

Thank you, and everyone for your feedback.

On the topic of being a squeaky wheel, while I didn’t find my contract, I did find a recent contract on the orginization's web site. The contract I found does note a need for 30 days’ notice for termination, which I did not provide. I did provide less than a day of notice, but it was in writing, by way of email. The email generated a response from the manger so there is proof she received it. Based on the contract i found on the web site, I may owe them. This is fine with me, providing, of course the contract I found has the same verbiage as the one I signed. It may but the manager has not not provided a signed copy of the contract.

However the contract on the web site states nothing about obligating ongoing costs for failure to pay the termination fee, which is what the “manager” stated. In that regard it is clear to me, a non-lawyer, that the manager was dishonest and her dishonesty could easily be understood as an attempt at coercion or fraud or something along those lines.

I’m thinking of writing a letter or having a local attorney write a letter to the chairperson of the board of directors of the organization and in the letter pointing out that the manager’s dishonesty paints the organization in a very bad light. Further, the organization is in a building owned by the City; in addition, the City actively supports, funds, and promotes the organization on the City’s web site. As such, the manager’s dishonesty may put both the organization and the City at potential of law suit.

My goal is to rattle some cages and perhaps have this dishonest manager removed. She should be taught a lesson about her dishonesty, IMO. There was absolutely no reason for her to have done this. I’m pretty sure it was a case of power corrupts on her part.

As an alternative, I could just pay and walk away. The amount owed is trivial.

What do you (all) think?

TwitchKitty 11-04-2013 10:30 AM

Choose your battles. Time is precious.

link 11-04-2013 10:37 AM

^Valid.

Another alternative is to pay and write a letter to the chair of the board. That would make a point that would move forward without presenting a formal threat in the form of an attorney letter. I could live with that.

barry12345 11-04-2013 11:56 AM

Quote:

Originally Posted by spdrun (Post 3233302)
If they were such wankers toward you, why not mention their name -- they seem to deserve a dishonorable mention in every forum you frequent? I know that I have no shame in referring to entities that tried to screw me over by their real name.

Sure no problem. Bell satalite systems. I asked them for some form of package that at the time they did or would not provide. So when I switched services to another supplier that had decent packages it happened. As typically luck would have it bell introduced packages later that year.

One of our daughters works for the supplier we have now but not back then. That's how I know it was not an isolated case. Her company that started from zero in only a few years has become a major supplier with a lot better reputation and the rates are somewhat lower and flexable. I think we currently pay about a hundred a month for cable tv, high speed internet and phone service. Normal rate is about 150 here a month but she told us how to reduce that. I can not remember a time in my life I was treated worse by a common utility company than what bell tried to do when we quit their satellite service. My first thought at the time is large companies do not normally act this way.

Honus 11-04-2013 04:12 PM

Quote:

Originally Posted by link (Post 3233460)
...In that regard it is clear to me, a non-lawyer, that the manager was dishonest and her dishonesty could easily be understood as an attempt at coercion or fraud or something along those lines....

It might be dishonesty, but it might be incompetence instead. Consider starting with a letter pointing out the discrepancy and saying that you hesitate to pay when there is so much uncertainty about what your obligations are. If you allege dishonesty and it turns out to be either incompetence on their part or a misunderstanding on yours, then accusing them of dishonesty will hurt your credibility. If your letter either goes to the boss or works its way to the boss, then he or she will know whether the company's employee is trying to pull a fast one. Let them draw that conclusion on their own.

HuskyMan 11-04-2013 04:41 PM

Quote:

Originally Posted by Honus (Post 3233680)
It might be dishonesty, but it might be incompetence instead. Consider starting with a letter pointing out the discrepancy and saying that you hesitate to pay when there is so much uncertainty about what your obligations are. If you allege dishonesty and it turns out to be either incompetence on their part or a misunderstanding on yours, then accusing them of dishonesty will hurt your credibility. If your letter either goes to the boss or works its way to the boss, then he or she will know whether the company's employee is trying to pull a fast one. Let them draw that conclusion on their own.

GREAT advice! Best to start out the letter with "Frankly, I'm confused, there appears to be a misunderstanding and in good faith I wish to clear it up..." rather than out and out accusing them of dishonesty. I figure if they are serious and have the ammunition to back up the allegations they WILL file suit. Otherwise (and most likely) they are full of hot air. I'm wondering how much harassment he has to take from them?

barry12345 11-04-2013 04:56 PM

Judge awarded a Canadian bell satalite client 270k today for privacy invasion. They lifted his signature on an installation order and used it for a signature on a permission form so they could do a credit check. I guess in Canada you have to give anyone written permission to do a credit check.. I was unaware of that..

The judge stated with all the details of the case unless he made it punative bell would not pay attention to their illegal practices. Would not surprise me if the judge had been a client of their services before.

I know from personal experience they are unbelievable and wondered just how many cave in to their fraudulent ways.

Stoney 11-04-2013 05:00 PM

I always start these kind of letters like this...
 
Dear Motherf*%ker...excuse me Mr. Motherf*^ker,...

It always seems to get their attention when wrapped around a 12 ga Double Ought Buck shell...

Quote:

Originally Posted by HuskyMan (Post 3233700)
GREAT advice! Best to start out the letter with "Frankly, I'm confused, there appears to be a misunderstanding and in good faith I wish to clear it up..." rather than out and out accusing them of dishonesty. I figure if they are serious and have the ammunition to back up the allegations they WILL file suit. Otherwise (and most likely) they are full of hot air. I'm wondering how much harassment he has to take from them?


HuskyMan 11-04-2013 05:05 PM

Quote:

Originally Posted by Stoney (Post 3233708)
Dear Motherf*%ker...excuse me Mr. Motherf*^ker,...

It always seems to get their attention when wrapped around a 12 ga Double Ought Buck shell...

Depends on where you live, but in most jurisdictions making an out and out threat is a FELONY.

HuskyMan 11-04-2013 05:21 PM

Quote:

Originally Posted by barry12345 (Post 3233706)
Judge awarded a Canadian bell satalite client 270k today for privacy invasion. They lifted his signature on an installation order and used it for a signature on a permission form so they could do a credit check. I guess in Canada you have to give anyone written permission to do a credit check.. I was unaware of that..

The judge stated with all the details of the case unless he made it punative bell would not pay attention to their illegal practices. Would not surprise me if the judge had been a client of their services before.

I know from personal experience they are unbelievable and wondered just how many cave in to their fraudulent ways.

It used to be like that in the States but from what I understand it has changed so that any tom, dick or harry can pull your credit pretty much for any reason. The end of any privacy or the right to your own financial information.

Stoney 11-05-2013 09:54 AM

Wouldn't be the first time...

Quote:

Originally Posted by HuskyMan (Post 3233714)
Depends on where you live, but in most jurisdictions making an out and out threat is a FELONY.


spdrun 11-05-2013 10:10 AM

Quote:

Originally Posted by HuskyMan (Post 3233726)
It used to be like that in the States but from what I understand it has changed so that any tom, dick or harry can pull your credit pretty much for any reason. The end of any privacy or the right to your own financial information.

They can pull a credit number. They can't pull an actual REPORT without signed authorization, or at least that's how it worked when I applied for a mortgage last year.

link 11-05-2013 10:44 AM

Quote:

Originally Posted by Honus (Post 3233680)
It might be dishonesty, but it might be incompetence instead. Consider starting with a letter pointing out the discrepancy and saying that you hesitate to pay when there is so much uncertainty about what your obligations are. If you allege dishonesty and it turns out to be either incompetence on their part or a misunderstanding on yours, then accusing them of dishonesty will hurt your credibility. If your letter either goes to the boss or works its way to the boss, then he or she will know whether the company's employee is trying to pull a fast one. Let them draw that conclusion on their own.

Thanks, it is always a good idea to provide the benefit of the doubt, even if the other party does not. I truly appreciate a reminder to try the proverbal high ground.

Of course, the language the manager used (a she) was completely clear and devoid of any ambiguity. It was an “either or” statement. But her actions towards me have been irrational, imo. I sent a letter to the COB of the organization this morning.

Another detail is that the organization is staffed and run entirely by volunteers, and I’m sure at some point they will hide behind that. Certainty if one wants to be in the position of being a “manager” being a volunteer doesn’t nullify any responsibility to behave professionally or at least honestly; nor does it provide ground to lie while making a baseless threat. On the other hand, I suppose it may create wiggle room for incompetence, at least superficially.

Anywho at this point I guess the COB, (also a she) can ignore my letter or send me the signed contract. I hope they’ll send me a copy of the contract i signed. It’s an entirely reasonable request, after all, and I will then use that to pay for whatever I owe.

I really don’t like being lied to. Does anyone? Due to that I’m still considering having a local attorney rattle the cage of the manager in any event. The organization is about 60 miles distant and I figure it will have more impact if the manager receives an attorney letter from someone in her neighborhood as opposed to someplace distant. Of course the question of if anything she did is actionable is an open one.

I have a very busy few days starting today and that will help give me some distance from this petty BS.

Thanks again!


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