Hi,
I was taking kung fu lessons for a few months, and became injured and am unable to continue. I signed what I thought was simply an agreement to allow the other party to bill my credit card w/o my signature for services rendered. The contract states:
"I authorize (name of party) to keep my signature on file and to charge my credit card account, on an ongoing basis, for amounts I owe.
I understand that this authorization is valid for one year from the date below. I also agree to contact the merchant if there are any changes to my credit card account information."
It than states my name, address, last four of the credit card, and the date. There are no dollar amounts stipulated and there is no cancellation clause or instructions. I signed it.
I sent the merchant an email on 8-2-06 advising them that I was changing banks and not to charge the card anymore. I also advised that I was injured and would return and provide a new credit card number when I healed.
The merchant charged my card anyway. I sent a registered return receipt letter asking wny, and also included a copy of the email I sent in august. I received no reply. The merchant refuses to refund me, even though I have not received any services. Further, the merchant charged my card AGAIN in September and October, even though I received no services during those months either. The merchant claims the above quoted contract authorizes them to bill me $125.00 every month for a year, even if Im not receiving any services from them. I disagree entirely and want my money back.
I intend to file a suit in small claims court. Do I have a case? Thanks much!
I was taking kung fu lessons for a few months, and became injured and am unable to continue. I signed what I thought was simply an agreement to allow the other party to bill my credit card w/o my signature for services rendered. The contract states:
"I authorize (name of party) to keep my signature on file and to charge my credit card account, on an ongoing basis, for amounts I owe.
I understand that this authorization is valid for one year from the date below. I also agree to contact the merchant if there are any changes to my credit card account information."
It than states my name, address, last four of the credit card, and the date. There are no dollar amounts stipulated and there is no cancellation clause or instructions. I signed it.
I sent the merchant an email on 8-2-06 advising them that I was changing banks and not to charge the card anymore. I also advised that I was injured and would return and provide a new credit card number when I healed.
The merchant charged my card anyway. I sent a registered return receipt letter asking wny, and also included a copy of the email I sent in august. I received no reply. The merchant refuses to refund me, even though I have not received any services. Further, the merchant charged my card AGAIN in September and October, even though I received no services during those months either. The merchant claims the above quoted contract authorizes them to bill me $125.00 every month for a year, even if Im not receiving any services from them. I disagree entirely and want my money back.
I intend to file a suit in small claims court. Do I have a case? Thanks much!
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