Parts Catalog Accessories Catalog How To Articles Tech Forums
Call Pelican Parts at 888-280-7799
Shopping Cart Cart | Project List | Order Status | Help



Go Back   PeachParts Mercedes-Benz Forum > General Discussions > Off-Topic Discussion

Reply
 
LinkBack Thread Tools Display Modes
  #1  
Old 11-04-2013, 10:24 AM
link's Avatar
Registered User
 
Join Date: Jun 2008
Posts: 835
Quote:
Originally Posted by Honus View Post
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?
Reply With Quote
  #2  
Old 11-04-2013, 10:30 AM
Banned
 
Join Date: May 2004
Location: Varies
Posts: 4,741
Choose your battles. Time is precious.
Reply With Quote
  #3  
Old 11-04-2013, 10:37 AM
link's Avatar
Registered User
 
Join Date: Jun 2008
Posts: 835
^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.
Reply With Quote
  #4  
Old 11-04-2013, 04:12 PM
Registered User
 
Join Date: Feb 2002
Posts: 2,292
Quote:
Originally Posted by link View Post
...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.
Reply With Quote
  #5  
Old 11-04-2013, 04:41 PM
Banned
 
Join Date: Dec 2007
Posts: 5,061
Quote:
Originally Posted by Honus View Post
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?
Reply With Quote
  #6  
Old 11-04-2013, 04:56 PM
Registered User
 
Join Date: Oct 2012
Posts: 5,923
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.
Reply With Quote
  #7  
Old 11-04-2013, 05:21 PM
Banned
 
Join Date: Dec 2007
Posts: 5,061
Quote:
Originally Posted by barry12345 View Post
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.
Reply With Quote
  #8  
Old 11-05-2013, 10:10 AM
Registered User
 
Join Date: May 2011
Location: NYC
Posts: 6,030
Quote:
Originally Posted by HuskyMan View Post
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.
Reply With Quote
  #9  
Old 11-04-2013, 05:00 PM
Registered User
 
Join Date: Feb 2007
Posts: 176
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 View Post
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?
Reply With Quote
  #10  
Old 11-04-2013, 05:05 PM
Banned
 
Join Date: Dec 2007
Posts: 5,061
Quote:
Originally Posted by Stoney View Post
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.
Reply With Quote
  #11  
Old 11-05-2013, 09:54 AM
Registered User
 
Join Date: Feb 2007
Posts: 176
Wouldn't be the first time...

Quote:
Originally Posted by HuskyMan View Post
Depends on where you live, but in most jurisdictions making an out and out threat is a FELONY.
Reply With Quote
  #12  
Old 11-05-2013, 10:44 AM
link's Avatar
Registered User
 
Join Date: Jun 2008
Posts: 835
Quote:
Originally Posted by Honus View Post
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!
Reply With Quote
  #13  
Old 11-06-2013, 03:15 PM
mgburg's Avatar
"Illegal" 3rd Dist. Rep.
 
Join Date: May 2006
Location: Onalaska, WI.
Posts: 221
Credit, Schmedit.

First, look at any paperwork that may have obligated you to sign for their service.

In the small print, most companies, now, provide a point for them to poke into your credit. It's the "If you want something from us at our teaser-rates, we want your mother, first born or anything left dangling from your torso" provisions.

I don't get involved in anything that gives them access to my life for their little bottle.

That said, be sure you're not on the hook in that direction...that's the paperwork that comes back to bite you on the @55.

Now, if they don't provide you with the materials you request, YOUR WRITTEN REQUESTS FOR SAME will be your ammunition for presentation to any credit firm that pinches you on their behalf. It will be a small p!ss!ng match for about 60 days, but that's the time-line you'll have to deal with when protecting yours from them.

It all comes down to small print and paperwork.

The worst I ran into, MANY YEARS AGO, was Sprint, when they were first starting out...

"Great rates, fantastic quality...yadayadaschmack."

Signed up (over the phone), got the "Intro-Kit" in the mail with the "Travel Card" and all the dial-up access-codes and secret handshake/whatnots...

I went traveling (work related) and used the card for about 3 months.

After 40 days, I hadn't receieved a bill.

So...I waited another 30 or so days...

then I waited some more...

...and I waited...

...and I waited...

...then I tore up the card...

...and waited 3 months more.

Then, I forget. Not that my life was hanging on getting this bill, but anything would have been better than nothing, Again, I STILL didn't get anything that said "PAY US OR DIE."

Then, I forgot what I was waiting for.

One, stinking bill?

Any bill?

Now comes the time. It's now been over 13 months since I got the original "Kit" in the mail. I'm in the process of moving to the other side of the state. AND THEN, I FINALLY get...not the bill...but a collection call...from YKW...

COLLECTION PERSON: "You owe us $xxx.xx and penalties."

ME: "Yeah? When and who awarded this to anyone?"

CP: "You've haven't paid anything and we're collecting a debt."

ME: "Let's go back a bit. Who the f*** are you talking about and better yet, what debt and to whom is this supposed debt owed to?"

(Nothing like picking up the phone handset and having this bit of Ear-Armageddon going on instead of "Hello. I'm from the Armpit HairPluckers Collection Agency and were just outside your door" to get your blood flowing...)

After a bit of verbal sparing (brain matter wasn't harmed during this part of the "conversation") I mentioned that NO BILL WAS EVER RECEIVED AT MY ADDRESS, nor any phone calls to this point about anything related to this "card" - nada, nothing, zilth, the big egg, gone.

I asked the caller to send a copy of a proper bill, with numbers called, dates of said calls (the usual details you'd get on a normal phone bill) to the address that they would read to me to confirm that they were even talking to the proper "Burg" on their list. The address was right and I said I'd wait for it.

Their response? "Well, we don't have those details on our billing."

I said, "Show me, then, that I even made calls on "such and such a date" and then, we'll discuss if you're even in the ball park. I've got work-slips that show where I was and what days I was traveling...so if anything matches, you might be in luck..."

Never heard from them again, but I did document the call, the person I was yammering with and the time the call came in and when it finally terminated.

And, of course, what was said...including the "french" at the beginning of the call...just in case someone's feeling were hurt.

Nothing ever showed up on any credit report.

But, your results may vary.

GL with the deadheads. Just remember, courts love paper...if not the small printing on the stuff...
__________________
.

.
M. G. Burg
'10 - Dakota SXT - Daily Ride / ≈ 172.5K
.'76 - 450SLC - 107.024.12 / < .89.20 K
..'77 - 280E - 123.033.12 / > 128.20 K
...'67 - El Camino - 283ci / > 207.00 K
....'75 - Yamaha - 650XS / < 21.00 K
.....'87 - G20 Sportvan / > 206.00 K
......'85 - 4WINNS 160 I.O. / 140hp
.......'74 - Honda CT70 / Real 125

.
“I didn’t really say everything I said.”
. . . . . . . . . . . . . . . . . . ~ Yogi Berra ~
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -4. The time now is 07:18 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2025, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2024 Pelican Parts, LLC - Posts may be archived for display on the Peach Parts or Pelican Parts Website -    DMCA Registered Agent Contact Page