What is the name of your state (only U.S. law)? GA
In 2008 I took the first segment to a class and put a $1000 deposit on the second part. The instructor never delivered on two additional components of the class (instructional cd's and one-on-one coaching) and one year later (last Jan of 09) I requested that my deposit be returned as I would NOT be taking a second class from this company.
Over the last year, I have requested this several times with barely any response. His excuses were that he was out 3 weeks teaching, or had a sick family for 3 weeks.
In December, he wrote back and attached a "request form" to get my deposit back. It was just a form that had a signature line on it, but above it said that he would be keeping $200 on classes $999 or less and $700 on classes more than $1000!!!!! I sent the form back and wrote on it that I wanted the full $1000 back as not even all that was promised had been delivered on the prior class and I would not be taking more classes. I didn't hear back from him.
This past month I finally wrote him and explained that this was my final request for the deposit and implied that I would be seeking legal assistance in the matter. He wrote me back saying that he had written me and told me that I could not change his form by saying that I wanted my full deposit back, and that if I would just send the blank form and sign that he would put a check in the mail immediately.
When I put this deposit down, I do not remember seeing any verbage that I would lose this amount of money. I have asked for a copy of the form and he now says that it is being stored "off site" and he will work on retrieving it. But for my convenience he sent me the words saying that there was a $200/$700 difference. I will post the words below.
My questions are - can he do this? Keeping 70% because I put down $1 more than I should have is absurd!! I really don't believe I signed anything like this and I'm quite sure that he's not going to be able to find it. I can't find anything in my paperwork to this effect.
Here are his words:
"Cancellation and Refund Policy: I understand that I have seven (7) days from today to cancel this agreement and have 100% of my deposit refunded. Thereafter, I understand that there is a non-refundable cancellation fee of $200 PER EVENT less than or equal to $999, and $700 PER EVENT in excess of $999. I agree that this is a reasonable fee, necessary for covering the expenses that XXXXXXXXXXXX incurs in order to make the training a valuable learning experience for me. Further, I understand that prior to attending this training, I may have telephone access to trainers who are available to assist me, in the event that I need such assistance, in preparation for this training. The cancellation fee makes these trainers available to me whether or not I choose to avail myself of this service. "
Anything you can assist me with would be GREATLY appreciated!!
In 2008 I took the first segment to a class and put a $1000 deposit on the second part. The instructor never delivered on two additional components of the class (instructional cd's and one-on-one coaching) and one year later (last Jan of 09) I requested that my deposit be returned as I would NOT be taking a second class from this company.
Over the last year, I have requested this several times with barely any response. His excuses were that he was out 3 weeks teaching, or had a sick family for 3 weeks.
In December, he wrote back and attached a "request form" to get my deposit back. It was just a form that had a signature line on it, but above it said that he would be keeping $200 on classes $999 or less and $700 on classes more than $1000!!!!! I sent the form back and wrote on it that I wanted the full $1000 back as not even all that was promised had been delivered on the prior class and I would not be taking more classes. I didn't hear back from him.
This past month I finally wrote him and explained that this was my final request for the deposit and implied that I would be seeking legal assistance in the matter. He wrote me back saying that he had written me and told me that I could not change his form by saying that I wanted my full deposit back, and that if I would just send the blank form and sign that he would put a check in the mail immediately.
When I put this deposit down, I do not remember seeing any verbage that I would lose this amount of money. I have asked for a copy of the form and he now says that it is being stored "off site" and he will work on retrieving it. But for my convenience he sent me the words saying that there was a $200/$700 difference. I will post the words below.
My questions are - can he do this? Keeping 70% because I put down $1 more than I should have is absurd!! I really don't believe I signed anything like this and I'm quite sure that he's not going to be able to find it. I can't find anything in my paperwork to this effect.
Here are his words:
"Cancellation and Refund Policy: I understand that I have seven (7) days from today to cancel this agreement and have 100% of my deposit refunded. Thereafter, I understand that there is a non-refundable cancellation fee of $200 PER EVENT less than or equal to $999, and $700 PER EVENT in excess of $999. I agree that this is a reasonable fee, necessary for covering the expenses that XXXXXXXXXXXX incurs in order to make the training a valuable learning experience for me. Further, I understand that prior to attending this training, I may have telephone access to trainers who are available to assist me, in the event that I need such assistance, in preparation for this training. The cancellation fee makes these trainers available to me whether or not I choose to avail myself of this service. "
Anything you can assist me with would be GREATLY appreciated!!