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Is this legal? Contract question.

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bfit01

Junior Member
What is the name of your state? AZ

Hello,

On January 31,2005, I was contacted by a company regarding consulting services for a business that I wanted to start. I had previously contacted this company requesting information.

Over the phone, we agreed that consulting services would be provided for a six month period. I paid a considerable sum via my credit card. I was told that I had three days to cancel the contract and after that there would be no refunds. I was also told that I would receive a written contract that I needed to sign and mail back. I was also told that I would receive a welcome package in the mail with information that I need to fill out and send back. I have not received the welcome package.

On February 6th, I was informed that I am being deployed to Iraq for 7-8 months. This was totally out of the blue as I had been slated to rotate off "see duty" in April. February 9th I received the written contract, which I have not returned. I notified the company of the situation and have not heard back.

As I will be unable to use the services, I would like to get a refund, less administrative fees, which I understand.

Is this a valid contract?
Can I dispute with CC company for services not received?

I realize that I may be splitting hairs, but it seems to me that I should get a refund for the following reasons: 1. I didn't receive the written contract until 9 days after the phone conversation. (When does the 3 business days start?) 2. I have not received the welcome package which was part of the verbal agreement. (If they have not sent it because I didn't return the signed contract, does it imply that the contract is not in effect until they receive it?)

Are they legally required to issue a refund?
 


Dandy Don

Senior Member
Have you officially notified them in writing that you are not accepting the contract? Does the contract mention anything about the welcome package? You shouldn't be expecting to receive the welcome package if you aren't fulfilling the terms of the contract. Exactly what type of product/service did you order?

You need to be disputing this with your credit card company immediately. And mention the name and address of this company so I can check Better Business Bureau records to see if there are any other complaints against this company.

DANDY DON IN OKLAHOMA ([email protected])
 
S

seniorjudge

Guest
I think you have been scammed.

Q: Is this a valid contract?
A: It appears so.

Q: Can I dispute with CC company for services not received?
A: Yes, but I doubt that they will be very interested.
 

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