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Contract without a date valid?

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William_K_F

Guest
What is the name of your state? California.

Is a contract valid if the signatures are not dated?

We have a dispute on recurring charges. The merchant
claims to have an agreement letting them charge us and
denies receipt of the cancelation. I think we can deny
the contract since they are being nasty about our
real cancelation because the contract is signed twice
but the blank for date is empty in both cases.

Thanks.

-William
 


JETX

Senior Member
"Is a contract valid if the signatures are not dated?"
Yep. Depending on a FULL review of the contract and its terms, the fact that you 'affirmed' the existance of the contract by either performance or payment is sufficient to prove that a contract existed.... whether dated or not.
 
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William_K_F

Guest
Amex Charges involved

Hello,

Does it help that the contract is for auto charge to a credit card?

I canceled verbally, I canceled via email (per the contract, but don't have proof). Maybe AMEX is stricter and requires dated signatures to charge to a credit card?

Thanks.

-William
 

JETX

Senior Member
"Does it help that the contract is for auto charge to a credit card?"
*** No, and in my opinion, it actually 'hurts' the situation since the parties are removed from the situation and most credit card transactions are done so without 'human' actions.

Read the agreement and see what, if any, processes are required to cancel the charge order. Then, comply with them. At the very least, you need to send your instructions via 'real' USPS mail.... certified RRR.

Or, you may have the remedy of 'charge-back' as provided by the FCBA.
 

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