Is Contract Valid & Enforceable

[jaivsa]

What is the name of your state (only U.S. law)? Florida.
I went to martial arts school beginning of Aug for information for my son. Was told $200 start up and $125 for 6 mos. No contract presented or signed. Made payment and signed up for auto debit. Last wk of Aug was told we needed to finish paperwork. 8/31 I was presented with loan documents for the contract. I signed. Changed my mind and sent certified return receipt letter on 3rd day as specified by loan docs. School called me and said I could not cancel. Apparently they back dated the contract to 8/6 and I did not notice. Loan is both my name and my husbands. My husband has not signed or even seen the loan docs yet. School says it does not matter, contract still enforceable. Is the contract valid & enforceable. Any advice appreciated.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Florida.
I went to martial arts school beginning of Aug for information for my son. Was told $200 start up and $125 for 6 mos. No contract presented or signed. Made payment and signed up for auto debit. Last wk of Aug was told we needed to finish paperwork. 8/31 I was presented with loan documents for the contract. I signed. Changed my mind and sent certified return receipt letter on 3rd day as specified by loan docs. School called me and said I could not cancel. Apparently they back dated the contract to 8/6 and I did not notice. Loan is both my name and my husbands. My husband has not signed or even seen the loan docs yet. School says it does not matter, contract still enforceable. Is the contract valid & enforceable. Any advice appreciated.

Did you simply sign, or did you sign and date your signature?

 

[jaivsa]

Unfortunately, I just signed and did not date. There was someone with me the day I signed which was August 31st. I sent the cancellation on September 3rd. Also, my husband has not signed at all and is on the contract too.

 

[knowurlaws]

Yes...but

Contracts are binding and legal. However, you say you enrolled your child at the beginning of August, you enrolled for direct debit, did not sign a contract until the end of August. K. Here's what I need to know.

1. What is the time frame to cancel on this contract?
2. When was the first debit for this?
3. Who, other than the school, witnessed your signing?

Send another certified letter and dispute it in writing. You can also dispute any charges you did not agree to with your bank-but, this may be tricky and I would speak to a bank representative before disputing.

Always read your contract, do not sign anything without dating it, make sure you get a copy. If there is something on the contract you do not understand-ask. Contracts can be tricky, and may word things in a way you feel you are protected, but you're not.

 

[jaivsa]

Signed - Not Dated

Contracts are binding and legal. However, you say you enrolled your child at the beginning of August, you enrolled for direct debit, did not sign a contract until the end of August. K. Here's what I need to know.

1. What is the time frame to cancel on this contract?
2. When was the first debit for this?
3. Who, other than the school, witnessed your signing?

Send another certified letter and dispute it in writing. You can also dispute any charges you did not agree to with your bank-but, this may be tricky and I would speak to a bank representative before disputing.

Always read your contract, do not sign anything without dating it, make sure you get a copy. If there is something on the contract you do not understand-ask. Contracts can be tricky, and may word things in a way you feel you are protected, but you're not.

1. 3 days to cancel
2. Sign up fee was paid Aug 6. My husband was with me. First monthly debit was 9/1/09.
3. My mother was with me on 8/31/09 when the owner school wanted me to sign the contract while my son was in a class.

I did read the contract before signing, although being rushed because the owner had to get back to the class. I did read about the 3 day right to cancel so I knew I had 3 days. I just did not notice that he back dated it. - I know that was stupid of me.

Does the fact that my husband did not sign it work in my favor?