Consumer

[Plackers]

Kindly read the following & provide your opinion if my rights have been violated and refund entitlement?
I signed a contract with a local Media Center to transfer home video movie cassettes onto DVD discs to be completion in 2 weeks, but didn’t receive a copy of the contract. Contracts in New York State are cancelable within 72 hours. The merchant wanted payment in full, so I gave him my credit card.
The next day, less than 24 hours of signing the contact at 1:20 pm on 3/18/21 I left a message to cancel the contract and will pick up the cassettes shortly. I arrived at 2:15 pm, only to be turned away. At 4:03 pm I emailed a demand to stop the project.
In my plea upon my return at 5:30 pm to reclaim my property the owner highbrowed me with excuses and told me to return Friday or Saturday stalling me off to buy time to force his rejected service on me and refused to return my property despite my ownership and cancelled contract. In essence he held my property hostage determined to complete the project as not to issue the credit.
My only recourse to retrieve my property was to wait until he was willing to release them at 6:30 pm. Therefore at his directive I returned at 6:10 pm when he completed the entire project that I am willing to return.

 

[quincy]

Kindly read the following & provide your opinion if my rights have been violated and refund entitlement?
I signed a contract with a local Media Center to transfer home video movie cassettes onto DVD discs to be completion in 2 weeks, but didn’t receive a copy of the contract. Contracts in New York State are cancelable within 72 hours. The merchant wanted payment in full, so I gave him my credit card.
The next day, less than 24 hours of signing the contact at 1:20 pm on 3/18/21 I left a message to cancel the contract and will pick up the cassettes shortly. I arrived at 2:15 pm, only to be turned away. At 4:03 pm I emailed a demand to stop the project.
In my plea upon my return at 5:30 pm to reclaim my property the owner highbrowed me with excuses and told me to return Friday or Saturday stalling me off to buy time to force his rejected service on me and refused to return my property despite my ownership and cancelled contract. In essence he held my property hostage determined to complete the project as not to issue the credit.
My only recourse to retrieve my property was to wait until he was willing to release them at 6:30 pm. Therefore at his directive I returned at 6:10 pm when he completed the entire project that I am willing to return.

The 72-hour cancellation period (aka cooling-off period) applies to very few contracts.

Why did you decide to cancel the project?

 

[Just Blue]

As an FYI, the state is NY per the other started thread.

 

[quincy]

Here is a link to the law:

https://nyassembly.gov/comm/Consumer/20041123/

Please read paragraph 5, which starts “However.”

 

[adjusterjack]

I signed a contract with a local Media Center to transfer home video movie cassettes onto DVD discs to be completion in 2 weeks, but didn’t receive a copy of the contract.

That's on you. Did you have the contract in your hand when you signed it? Did you ask for a copy on the spot? Did you have a cel phone with a camera in it? These days there's no excuse for not getting a copy of anything you sign.

Even if you signed online you could take screen shots of the document. That ability has been around for at least 20 years.

Contracts in New York State are cancelable within 72 hours.

Unless your contract said that, it wasn't.

The merchant wanted payment in full, so I gave him my credit card.

That would have been a red flag for me and time to turn around and leave. Last time I had a transfer done, I paid on completion.

provide your opinion if my rights have been violated and refund entitlement?

My opinion for the 2 cents that it's worth is your rights have not been violated and you're not entitled to a refund.

Unless your contract has a cancellation provision.

 

[quincy]

I share adjusterjack’s opinion, based strictly on what you have said so far. The 3-day cooling off rule does not appear to apply to your cassette-to-DVD transfer transaction. I don’t think you are entitled to a refund.

 

[Taxing Matters]

Kindly read the following & provide your opinion if my rights have been violated and refund entitlement?

The vast majority of contracts you enter into are not covered by a law that gives a right to cancel within some period of time (e.g. 3 days) after entering into them. Under federal law, the right to cancel a contract primarily occurs in two instances: (1) consumer contracts that are entered into in your home (e.g. door to door sales), dormitory, or workplace or made at some temporary sales location of the vendor, like a trade show, convention, hotel room, etc and (2) and certain loan contracts subject to the federal Truth-in-Lending Act (TILA). Obviously (2) doesn't apply here, and you've not indicated that you entered into the contract in place described in (1). So I'm not seeing any protection for you here under federal law. More facts about how and where you entered into the contract would be helpful in sorting that out.

Under NY law, you have a right to terminate contracts within 3 days that involve door-to-door solicitations, dating services, health clubs and home improvement contracts. Your contract does not involve dating services, health clubs or home improvement contracts, and again nothing suggests that the contract was signed in your home. So I don't see help for you either under NY.

If you aren't covered by one of the very limited circumstances in which the law gives you a right to rescind after you enter into a contract then your only right to rescind the contract would be either (1) by the express terms of the contract itself or (2) in certain situations in which the other party has breached the contract. I've not read your contract — does it expressly say you have 3 days to cancel it?

Based on what you've said here, I agree with the others that you are likely out of luck here and are stuck with the deal you made.

 

[Plackers]

The 72-hour cancellation period (aka cooling-off period) applies to very few contracts.

Why did you decide to cancel the project?

I wasn't overly concerned at the time & thought I had time, however received word next morning of surgery (ovarian cancer) moved from May to March 25th. Doctor expressed urgency. I told this to merchant that I would return later. I’m a senior on social security & will have too many, too soon medical expenses. The contract was vague & more like a receipt. No indication of time clause.

 

[adjusterjack]

The contract was vague & more like a receipt. No indication of time clause.

Didn't need one. You paid for the service, the service was performed. You have not been wronged.

 

[quincy]

I wasn't overly concerned at the time & thought I had time, however received word next morning of surgery (ovarian cancer) moved from May to March 25th. Doctor expressed urgency. I told this to merchant that I would return later. I’m a senior on social security & will have too many, too soon medical expenses. The contract was vague & more like a receipt. No indication of time clause.

I am sorry to hear about your ovarian cancer, Plackers, and wish you the best of luck with your upcoming surgery.

I suppose it is good that the Media Center was able to complete your order so rapidly but I am afraid that you will need to pay the company for their work in transferring the cassettes to DVDs. You should be able to enjoy the DVDs during your post-operative recovery.

Again, I am sorry about your cancer diagnosis.

 

[adjusterjack]

I am afraid that you will need to pay the company for their work in transferring the cassettes to DVDs.

Paid up front.

The merchant wanted payment in full, so I gave him my credit card.

 

[quincy]

Paid up front.

Ah. Right.

I don’t see the possibility of a refund.

 

[zddoodah]

I signed a contract with a local Media Center to transfer home video movie cassettes onto DVD discs to be completion in 2 weeks, but didn’t receive a copy of the contract.

You mean you didn't make a copy when it was in your hands and you signed it. Right?

Contracts in New York State are cancelable within 72 hours.

That's not true. Why do you believe that to be true?

Kindly read the following & provide your opinion if my rights have been violated and refund entitlement?

Assuming you eventually got your property back, no violation of your rights occurred. Nor are you entitled to a refund because, as noted above, your belief about contracts being cancelable is wrong. Some types of contracts may, as a matter of law, be cancelled within a certain time after they are made, but those are the exceptions, not the general rule.

You can try disputing the charge with your credit card issuer, but you shouldn't expect to be successful.

 

[quincy]

There seems to be no reason to dispute the credit card charge. It is unfortunate, on many levels, that Plackers’ cancer surgery makes the agreement with the Media Center less important to Plackers but, unless the agreement allowed for 72-hour cancellation (which is unlikely), the Media Center apparently fulfilled their end of the agreement and Plackers needed to fulfill her end.