Breech of contract???

[Jezzy]

i have some concerns about a breech of contract sceme i have unraveled.
a place called castle credit corp is offering to finance a set of encyclopedias for you at a payment of 60 bucks a month.
if you are not satisfied with the set that is tough they so elequantly put it.
after contacting them i found that they do not ship the items out the encyclopedia co does.
we have not recieved several of the items we were signed to obtain, and yet they insist i cannot send them back for refund, i am going to send them back to the encyclopedia company and have them contact the financing dept for refund.
i do not think it is fair to be billed for something u do not have, i am currently fileing a claim with the bbb.
If you have another opinion and any advice you have would be appreciated please.
thank you for your time

 

[Tracey]

In another post you said you were 17 & 18. If the person who signed the contract was under 18 at the time, the contract is probably void and you can cancel it any time you want.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Jezzy]

WE MENTIONED THAT TO THEM AND THEY STATED THAT IT DID NOT MATTER BECAUSE WE BOTH SIGNED
IT.THE THING WE ARE TRYING TO GET THEM WITH IS THE FACT THEY DID NOT SEND US EVERYTHING
THAT WAS SUPPOSSED TO BE INCLUDED.SO THEREFORE THEY CANNOT CHARGE US THE FULL AMOUNT UNTIL WE RECIEVE ALL OF IT...RIGHT?
JEZZY

 

[Tracey]

First, it does matter. The 17-yr-old can't be held liable for the contract. The company can only go after the 18 yr old.

Second, when a seller is in material breach, the buyer usually may suspend performance until the breach is cured. If seller can't effect a cure within a reasonable time, the buyer may terminate the contract. A breach is material when a reasonable person would say that the breach REALLY mattered. For example, delivering red house paint when you ordered white is a material breach; delivering white paint a day late is probably not material.

Read the sales contract carefully and make sure that the stuff you haven't received yet was really supposed to be delivered by now. Also read the remedies for breach section of the contract. There are probably specific steps you have to follow. Follow them exactly. If you follow the contractual remedy procedure and they still don't cure the breach, you get to declare that the contractual remedies have "failed of their essential purpose" and use any remedies availaible under the Uniform Commercial Code, Article 2.

If there is no remedies clause, send the company a letter (certified, return receipt) stating that they are in material breach of the contract in the following ways: __________ ___________ ____________ __________, and that you are suspending performance of your contractual obligations until all breaches are cured. Also tell them that if the breaches are not cured within a reasonable time, you will recind the contract. If you have already followed the contractual process, go directly to recinding the contract.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 04, 2000).]