I need to know our legal rights in reference to a contract that was signed but when we received our copies the info was different than was explained to us at signing. We asked to take the papers to our RV (100 yards away) and look them over and read them to be sure we were actually wanting this membership. We were told NO! but after signing they would give us the contracts copies so we could read everything on them and know what we were getting. We signed but after that found out that the fees were more than they had told us and that we had a NO CANCELLATION CLAUSE in the contract. We were not informed of this prior to signing. On the form that showed the NO CANCELLATION CLAUSE, we were told that this form was just acknowledging to the staff that we were wanting to sign up for membership and that they could go ahead with the paperwork. There were other issues such as telling us that our annual fee would be $395 annually for life, but when we got the form it stated that these fees could be increased but not more than 10% annually. We feel that we were tag teamed and bullied into signing this contract and want to cancel it immediately. Tomorrow will be day #3 since signing. We have given the company a check for downpayment but the balance was to be put on our credit card today. We notified the organization that we wanted to cancel the contract immediately and wanted our check back or a refund from them if they had already cashed the check. I checked today the check had not been cashed as of this morning. What is our legal right in cancelling this contract?
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Consumer Law, Warranties bandit
- Thread Starter bandit41
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army judge
Super Moderator
Your legal rights are few, as long as you are not legal incompetents (minors) or mental incompetents!
You seemingly signed a valid contract without reading the details.
That is your fault.
It doesn't matter what you were told, ONLy what you did.
Unless, of course, you fit into the small minority mentioned above!!!
However, you could stop payment on your check.
That isn't necessarily a legal solution, but it keeps the money in your pocket.
Then the merchant would have to sue you.
That is where you could present your side of the story.
Who knows, the crooked merchant just might NOT sue you.
Crooks like this want easy money.
You should also cancel your credit card.
Tell your bank why you're doing it, because your number was compromised by these shysters.
That way they won't easily be able to bill you monthly.
Again, they may sue you.
But you could and should send them a letter voiding the contract.
Don't cancel it, use the word void the contract.
Or, you could do everything above but send a letter of any type.
Why?
You don't want to make it appear that you ever had a valid contract.
You seemingly signed a valid contract without reading the details.
That is your fault.
It doesn't matter what you were told, ONLy what you did.
Unless, of course, you fit into the small minority mentioned above!!!
However, you could stop payment on your check.
That isn't necessarily a legal solution, but it keeps the money in your pocket.
Then the merchant would have to sue you.
That is where you could present your side of the story.
Who knows, the crooked merchant just might NOT sue you.
Crooks like this want easy money.
You should also cancel your credit card.
Tell your bank why you're doing it, because your number was compromised by these shysters.
That way they won't easily be able to bill you monthly.
Again, they may sue you.
But you could and should send them a letter voiding the contract.
Don't cancel it, use the word void the contract.
Or, you could do everything above but send a letter of any type.
Why?
You don't want to make it appear that you ever had a valid contract.
We never gave them our credit card number so that has not been compromised. We did however, fax and priority mail the original letter to cancel our contract and requested that they return the check but instead they immediately cashed the check so I do not feel that they are willing to work with us. I received info from a lawyer online that advised that they by law were required to tell us at signing that there was a "NO CANCELLATION CLAUSE" but they did not tell us. In the letter we gave them 10 days as advised by this lawyer, to contact us to try to settle the dispute, and after that we will have to hire a lawyer and go after them to cancel the contract. I did not realize that I was supposed to VOID the contract so I guess it is too late for that.
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