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  #1  
Old 11-02-2013, 07:37 PM
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question about a contract

Someone claims I own a small amount of money, and claims this is part of a contractual agreement. I can’t find the contract and asked for them to produce a copy of the contract bearing my signature as proof of their claim. I have asked for this 2x in writing by way of email. My email has been acknowledged 1x but they only reiterated that I'm obligated to honor the contract. So far they have not produced the contract.

What is the appropriate next step?

Thanks
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  #2  
Old 11-02-2013, 07:45 PM
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Not all contracts need to be in writing; a signature is not required either. Part performance or detrimental reliance can also create duties. Otherwise, I would wait to see what they intend to do about the apparent "breach" of the alleged contract.
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  #3  
Old 11-02-2013, 07:54 PM
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Not all contracts need to be in writing; a signature is not required either.
I wanted to see my signature as I don’t know but they may have changed their contract since I signed.

Quote:
Part performance or detrimental reliance can also create duties.
I don’t know what that means.

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Otherwise, I would wait to see what they intend to do about the apparent "breach" of the alleged contract.
They have threatened that that if I don’t pay by their stated deadline they will bill me additional amounts.
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  #4  
Old 11-02-2013, 11:15 PM
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First off, did you do any type of business with this operation?

Second, asking for (via-Certified, Return Reciept) proof of the contract (completed out, including your signature) will show a court (if it should come to that) you're attempting to resolve the issue.

Third, from some past experience, if you at least do the second item, they can stand on their heads all day long...it stops any additional charges they may attempt to intimidate you with...however, since I've never pretended to be a lawyer, but snoockered one, your results may vary if you do anything I write up here, so check the local "free-clinic" of lawyers that may be in your area or drum up a few bucks to pay for one to CYA.

And, if the idiots decide to Small-claims this p!ssing match, be sure to bring your paperwork to court. Don't give them anything, make them pay out of their own pocket to copy anything. Better yet, make sure you don't give them anything other than what helps your side of the argument.

You may need to go into "mediation" - a step that allows both parties to come to some agreement with a court-appointed/approved individual. Be sure the person doing the "mediation" is really neutral. Otherwise....

GL!!
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  #5  
Old 11-02-2013, 11:22 PM
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Originally Posted by link View Post
They have threatened that that if I don’t pay by their stated deadline they will bill me additional amounts.
Sounds like harassment or an attempt at extortion -- inform them that you'll be pressing charges if they don't desist in contacting you.
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  #6  
Old 11-03-2013, 01:14 AM
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Originally Posted by spdrun View Post
Sounds like harassment or an attempt at extortion -- inform them that you'll be pressing charges if they don't desist in contacting you.
that was my thinking.

a year ago or so, my buddy was contacted by his ex wifes new husband that claimed he had a gun in his possession that did not belong to him. made the claim that the gun was in his wifes name and if not given to them they would take him to court. we knew they were full of **** due to the fact that guns do not get registered in az. he did however have the store HE bought it at give him a copy of the background check that was all done in his name. when the new husband called him the second time threatening to have him arrested, he told him "take me to court".

nothing ever came of it, but he had his ducks in a row just in case.

i told him if they take him to court, he should counter sue for a couple thousand, and then at the end of it all give her the gun as a final **** you
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  #7  
Old 11-03-2013, 11:26 AM
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Originally Posted by MTI View Post
Not all contracts need to be in writing; a signature is not required either. Part performance or detrimental reliance can also create duties..
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.
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  #8  
Old 11-03-2013, 11:07 PM
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I had a miserable experience some years back. Basically I quit a service provider and asked for the final bill. The bill that came was outa sight. Phoned them and asked what was going on.

They quoted I would pay it rather than have my credit damaged. Kicked this back and forth for months. We do not use credit to start with for anything basically except a credit card for convienience and air miles we pay off each month.

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.

They must be cognizant that after this treatment a customer would never return to them unless there were no other provider. I also was amazed when I found the treatment I received was just typical of them.
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  #9  
Old 11-03-2013, 11:11 PM
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Originally Posted by barry12345 View Post
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.
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  #10  
Old 11-04-2013, 11:56 AM
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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.

Last edited by barry12345; 11-04-2013 at 12:11 PM.
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  #11  
Old 11-04-2013, 10:24 AM
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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?
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  #12  
Old 11-04-2013, 10:30 AM
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Choose your battles. Time is precious.
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  #13  
Old 11-04-2013, 10:37 AM
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^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.
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  #14  
Old 11-04-2013, 04:12 PM
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...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.
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  #15  
Old 11-04-2013, 04:41 PM
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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?
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