Consumer Fraud Breach of contract commited (deleted school)Florida

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Mayberry

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Hello
I am not sure if I categorized this right or not, but I will make this short and simple. From July 9 to July 18 I attended (school) in Florida. It is a grooming school. I attended the first two weeks of school starting in July 9, of 2012 and my last day was July 18th, 2013. I paid for the 16 week program with my credit card. The school tuition was $5,600. I had to quit due to a sickness in the family and sent them a signed certified letter stating my intentions that they received on July 23, 2013. Their contract states that before the 40% period of the schooling I will be prorated for what I did attend and refunded the rest within 30 business days after receiving the certified letter. Well they still have not paid me back. They keep telling me they "can't right now" and promise they will pay me as soon as they get a settlement from BP (British Petroleum). I have asked for anything they can give me and they won't be give me nothing! I have the email correspondence over the last few months with them and all signed contracts including a copy of my certified letter that I did sign and made clearly my intentions of quitting and why I was quitting. They keep telling me to wait and just giving me the "general runaround" but I need my money now! The owner even promised to give me back the FULL tuition because of my wait. Should I get a lawyer or keep waiting? Why can't they give me anything, not even some monthly payments? When I signed up with them, they made me pay everything up front!!
(deleted OP's name)
P.S. school days are tues, wed, thur fri (closed on mon), so I attended a total of 7 school days.
Any advice will help me! Here is their website.
 
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You may end up having to sue - in Fl. you can sue in small claims court up to $5,000. (over that amount you would need to take a general court action & sue in a higher court)
 
No one has to GIVE you something because you DEMAND it.

If an entity breaches a contract, they should honor the terms of the contract.

That said, you shouldn't breach contract terms.

However, if you do, and the breaching party refuses to repair the breach by doing as they agreed to do under the contract's terms; the aggrieved party must seek a remedy in court.

Your remedy is to wait and perhaps get something, or take the dispute to court.

Now, know this, even if you go to court and prevail; you won't get money.

You'll get a judgment that you then must administratively perfect, and TRY to collect.

Florida is a very debtor friendly state.

You might prevail in court and never see a dollar of your award.

Such is the nature of little lawsuits, more of an annoyance than a remedy.
 
I made a typo in my letter. it was from July 9,2013 to July 18, 2013. I accidently put July 9, 2012.
Anyway, so what I am understanding is why bother to go to small claims court at all if this is the result? I am trying to collect now, I don't need to go to court for that. I thought the court would make them pay. How about a chargeback from the credit card company?
Thanks for your response.
is there any way I can edit my original post?
 
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The dates don't matter. We got your point.

Yes, contactIng the credit card company is the mst expedient, efficient solution.

If your credit card company agrees and allows it, WHAMMO, you get your refund IMMEDIATELY.

That is what I'd try to do, convince VISA, MC, DISCOVER, or AMEX to reverse the charges.

Why Small Claims? Because governments like to make citizens feel better, and they create ways to STEAL from you, too!!! Hope makes you feel better, but HOPE ain't FREE!!!
 
Hello
I am not sure if I categorized this right or not, but I will make this short and simple. From July 9 to July 18 I attended (school) in Florida. It is a grooming school. I attended the first two weeks of school starting in July 9, of 2012 and my last day was July 18th, 2013. I paid for the 16 week program with my credit card. The school tuition was $5,600. I had to quit due to a sickness in the family and sent them a signed certified letter stating my intentions that they received on July 23, 2013. Their contract states that before the 40% period of the schooling I will be prorated for what I did attend and refunded the rest within 30 business days after receiving the certified letter. Well they still have not paid me back. They keep telling me they "can't right now" and promise they will pay me as soon as they get a settlement from BP (British Petroleum). I have asked for anything they can give me and they won't be give me nothing! I have the email correspondence over the last few months with them and all signed contracts including a copy of my certified letter that I did sign and made clearly my intentions of quitting and why I was quitting. They keep telling me to wait and just giving me the "general runaround" but I need my money now! The owner even promised to give me back the FULL tuition because of my wait. Should I get a lawyer or keep waiting? Why can't they give me anything, not even some monthly payments? When I signed up with them, they made me pay everything up front!!
(deleted OP's name)
P.S. school days are tues, wed, thur fri (closed on mon), so I attended a total of 7 school days.
Any advice will help me! Here is their website.




What they're saying is that you only get the 7 days refunded.

4. Cancellation after attendance has begun, but prior to 40% completion of the program, will result in a pro
rata refund computed on the number of hours completed to the total program hours, with the exception of
the registration fee

They're not saying you get everything except the 7 days; in fact it's the direct opposite. You only get the 7 days.
 
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Do you have anything in writing that the owner promised to give back full tuition due to your wait?
 
Yes, she promised me this in an email.
could you take the name of the school out of my post? I cannot edit it. I prefer the school to remain anonymous.

Betty3, do you have an email where I can tell you something? I don't want to write anything on here anymore. I don't know who might be reading it.
 
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It would have been better to have something in writing & actually signed. All you can do is follow the advice already given. I don't know what else to tell you in order to try & get any money back.
 
It actually gets a bit worse. Even if the court awards the OP a judgment, trying to collect from an entity already having financial issues may prove to be a waste of time.
 
Pro, edited your post to (per OP's request) remove name of school in quote of OP's post/removed name of OP previously.
 
thank you, I appreciate that.
I called the credit card company tonight and they processed a chargeback. They did tell me I may have waited too long. The credit card rep told me something about 120 days. It has been over 4 1/2 months. The rep did say something about trying to get me more time and asked me the length of the program. She said I may run out of time but she went ahead and processed it. I don't know what will happen.
 
Replying to Army Judge:

that's awful. If I robbed a bank though, I would sure go to jail. Don't see how this is any different.
 
Replying to Army Judge:

that's awful. If I robbed a bank though, I would sure go to jail. Don't see how this is any different.


I'm not disagreeing with you. I'm simply stating that it's best to protect yourself. Governments are in cahoots with the thieves. They simply call it taxation. That way its legal. Or, they call it fines and court costs.
 
Good luck - I hope you get the required amount of refund back.
 
thank you, I appreciate that.
I called the credit card company tonight and they processed a chargeback. They did tell me I may have waited too long. The credit card rep told me something about 120 days. It has been over 4 1/2 months. The rep did say something about trying to get me more time and asked me the length of the program. She said I may run out of time but she went ahead and processed it. I don't know what will happen.

I'm not sure filing a chargeback was the wisest thing to do.

According to their terms and conditions, they are in the right. You are not.
 
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