A
arr
Guest
Hello....Please excuse me if this is not the appropriate board for this post/question......On 9/3/99, I contracted with a company called First Financial Freedom Corporation (FFFC). The initial transaction was by phone and the money was debited directly from my checking account. There was NO mention that the application fee was non-refundable during that conversation. For $99, I was to get credtit with FFFC to purchase from their catalog and they also GUARANTEED that I'd receive a Visa card. There was NO requirement that I make a purchase from their catalog to get the Visa. I received package on 9/28/99. I signed and dated the pre-approved form to get the Visa and mailed as instructed. The Visa was supposed to arrive in approx. 2 weeks. At the bottom of the intro letter, there was a note that read "DUE TO THE NATURE OF THIS PRODUCT, THERE CAN BE NO RFUND OF THE APPLICATION FEE." That was the 1st I heard of that stipulation and they were already in possession of my money.......Anyway, the Visa card DIDN'T arrive. I called FFFC in mid Oct. and made them aware of that, they gave me the name of the processing center in Florida, stating my file was there. I spent the rst of Oct. and Nov. calling Florida only to be lied to and given the runaround. I called FFFC and explained the problems I was having with the processing center. FFFC said they spke with the center and my claim for the card was going to be resubmitted (it had already been resubmitted 3 times by the processing center - OR SO THEY SAID!) to the bank and I needed to wait another week or two. Still no card arrived. On 12/4/99, I was fed up and called FFFC and askd for a refund of my money, the entire $99. I was told the refund had been authorized and it would take 30 days to process, so I should receive it by 1/10/00. But no refund arrived. I called FFFC to inquire as to whether the refund had been mailed and was handed over to a supervisor named Sherrie. She apologized for all the trouble I'd had, said that the relationship with the bank and processing center had been severed and theyhad corrected all the problems. She then said if I still wanted the Visa, I would get one AND a partial refund of $29 for all the time and aggravation I'd put into this situation. Like an idiot, I agreed. I did receive the $29 refund on 2/8/00, but no Visa arrived. I called FFFC to inquire, bt was given the runaround for the next 2 months. In mid March, I called again and spoke with Sherrie who said if I hadn't received the Visa, I probably wasn't going to get one. I then requested the remainder of my money, $70. Sherrie said I was only entitled to aother $21 because there was a $49 application fee that was nonrefundable. I told her that was not acceptable o me ad she said that was the way it was, and there was nothing more she could do. I hung up and tried to figure what my rights were.....After a bit of research, I feel that I am entitled to a full refund for these reasons...... 1) Once one party of a contract breaches an agreement, the contract becomes null and void and ALL monies paid by the other party had to be returned...... 2) Since the "no refund" policy was not disclosed prior to my paying the $99, I don't believe it should be enforced...... 3) FFFC can't breach their part of the contract and hold me to the part of the contract that benefits them.
I know the best thing to do is sue in small claims court, but there are several problems with that. I live in NY and FFFC is based in SC. Its just not cost effective to fly there to retrieve $70, the plane fare alone would be 3 times that. Also, I an disabled and have been diagnosised with agoraphobia, among other things. My only income is from SS Disability, which is why $70 is a lot of oney to me, money I can't afford to lose. So, my questions are this...... 1) Can I file a suit in SC by mail?...... 2) If the answer to question 1 is "yes" and I can fly (doubtful) to SC, would I be able to sue for expenses like plane fare, hotel, meals, etc?...... 3) Would a judge disallow question 2 due to mitigation of damages?..... 4) Because of the fraud, would I be entitled to treble damages?...... 5) If I can prove that FFFC has a habit of defrauding people, can I get punitive damages? I CAN prove that because they were expelled from the BBB due to cases such as mine...... 6) Is it possible to find a lawyer who will assist me with this Pro Bono and if so, how would I find one in SC. When I spoke with Sherrie on 4/4/00 and she told me if I feel I'd been defrauded, I should have a lawyer contact her. I'm sure she knows that a single consultation with a lawyer would cost about $70, making it an impractical thing to do....... I have already filed reports with all the appropriate agencies, but they can only take a report, they can't advocate for me personally. I don't know what else to do. I'm fed up and sick of these companies taking advantage of people in desperate situations. I would like to get my money back in addition to punitive damages......Any assistance or advice anyone can give me would be greatly appreciated.........Thank You, A.R.
I know the best thing to do is sue in small claims court, but there are several problems with that. I live in NY and FFFC is based in SC. Its just not cost effective to fly there to retrieve $70, the plane fare alone would be 3 times that. Also, I an disabled and have been diagnosised with agoraphobia, among other things. My only income is from SS Disability, which is why $70 is a lot of oney to me, money I can't afford to lose. So, my questions are this...... 1) Can I file a suit in SC by mail?...... 2) If the answer to question 1 is "yes" and I can fly (doubtful) to SC, would I be able to sue for expenses like plane fare, hotel, meals, etc?...... 3) Would a judge disallow question 2 due to mitigation of damages?..... 4) Because of the fraud, would I be entitled to treble damages?...... 5) If I can prove that FFFC has a habit of defrauding people, can I get punitive damages? I CAN prove that because they were expelled from the BBB due to cases such as mine...... 6) Is it possible to find a lawyer who will assist me with this Pro Bono and if so, how would I find one in SC. When I spoke with Sherrie on 4/4/00 and she told me if I feel I'd been defrauded, I should have a lawyer contact her. I'm sure she knows that a single consultation with a lawyer would cost about $70, making it an impractical thing to do....... I have already filed reports with all the appropriate agencies, but they can only take a report, they can't advocate for me personally. I don't know what else to do. I'm fed up and sick of these companies taking advantage of people in desperate situations. I would like to get my money back in addition to punitive damages......Any assistance or advice anyone can give me would be greatly appreciated.........Thank You, A.R.