I need to know .
- Thread starter CCS
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ali777
Senior Member
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Re: I need to know if I can sue my way out of a contract.
Just cancel the contract and go somewhere else??
There must be some law that protects consumers/customers? In the EU, there is generally 14 days cool-off period, during which the service provider must take the product back or agree that a contract is cancelled.
You haven't started using it yet, you are just setting it up now. So, just go to the bank and tell them you don't want it anymore.
Just cancel the contract and go somewhere else??
There must be some law that protects consumers/customers? In the EU, there is generally 14 days cool-off period, during which the service provider must take the product back or agree that a contract is cancelled.
You haven't started using it yet, you are just setting it up now. So, just go to the bank and tell them you don't want it anymore.
Re: I need to know if I can sue them for not following contract.
The judge can't make them give me a wireless card reader. Not at the small claims levela anyway. I don't want to pay $150 to take it to the next level if the small claims level is $17. But since the wireless one is $600, I think I should at least be able to sue them for $600 plus the $35 shipping cost I was charged for the first card reader, and return shipping too. At a minimum I should be able to sue them for $700. I just wonder what the odds are of being approved.
Worst case cinario, they can't counter sue me unless the judge rules that I lied or that the case if frivalous. Do you guys think my case sounds frivalous?
The judge can't make them give me a wireless card reader. Not at the small claims levela anyway. I don't want to pay $150 to take it to the next level if the small claims level is $17. But since the wireless one is $600, I think I should at least be able to sue them for $600 plus the $35 shipping cost I was charged for the first card reader, and return shipping too. At a minimum I should be able to sue them for $700. I just wonder what the odds are of being approved.
Worst case cinario, they can't counter sue me unless the judge rules that I lied or that the case if frivalous. Do you guys think my case sounds frivalous?
Re: I need to know if I can sue them for not following contract.
I can't even sue them. I waved my constitutional right to a judge or jurry when I signed the contract that states that any disputes will be settled by an arbitrator. Arbitrators are private judges who usually are on the side of the corporation.
http://www.suepaypal.org/kangaroocourt.htm
http://www.adrforum.com/
According to that second link, the supreme court has a history of upholding it. So no escape. Fees to file a case usually start at $500, and I can be liable for the other person's fees. They often hire a $1,000 per hour lawyer, who racks up $24,000 fast to make sure they win, and then that gets dumped on the lay person. And if the judge is bribed, I doubt I would be able to even know about it.
As for the first company I signed up with, their contract says the termination fee is zero, but there also is a reference to a handbook the terms of which I agree to. I hope there are not fees in it too.
But I don't know how many years the contract is for. I think 3 years, but who knows how long all the other contracts are with their third party people. Nothing over the phone counts, so I can't ask them. All I can do is ask them to mail me their agreements. Then I actually have to READ the 50+ pages of fine print to see if there are other contracts listed.
It is just so unfair that something so unconciable is upheld by the courts, or legally out of their juristiction.
I can't even sue them. I waved my constitutional right to a judge or jurry when I signed the contract that states that any disputes will be settled by an arbitrator. Arbitrators are private judges who usually are on the side of the corporation.
http://www.suepaypal.org/kangaroocourt.htm
http://www.adrforum.com/
According to that second link, the supreme court has a history of upholding it. So no escape. Fees to file a case usually start at $500, and I can be liable for the other person's fees. They often hire a $1,000 per hour lawyer, who racks up $24,000 fast to make sure they win, and then that gets dumped on the lay person. And if the judge is bribed, I doubt I would be able to even know about it.
As for the first company I signed up with, their contract says the termination fee is zero, but there also is a reference to a handbook the terms of which I agree to. I hope there are not fees in it too.
But I don't know how many years the contract is for. I think 3 years, but who knows how long all the other contracts are with their third party people. Nothing over the phone counts, so I can't ask them. All I can do is ask them to mail me their agreements. Then I actually have to READ the 50+ pages of fine print to see if there are other contracts listed.
It is just so unfair that something so unconciable is upheld by the courts, or legally out of their juristiction.
Re: I need to know if I can sue them for not following contract.
I talked to my friend who is an executive at a big corporation. He said that verbal contracts only exist in civil courts, not with arbitrators. Arbitrators are judges that deal with business contracts, and they only acknowledge what is in writing.
If the contract says I owe them $1,000,000 for nothing, the only way out is if I declair bankrutcy. That is why many people incorporate, so they are not personally liable. Probably also why a lot of people never go into business.
My friend told me if I sign a dumb contract, then I'm even dumber than the contract. He said you always should read all the fine print, and if there is too much to read, don't do business with them.
He agreed with me I was baited and switched. But he said if I want to fight it, there is a chance I might lose. The contract must specifically say I was going to get a wireless terminal. If it does not say that, then none of what was said over the phone will count in an arbitrator court, even if the contract implies my side of the story.
If I lose, I would have to pay all their legal fees and mine.
But since the contract does not state all their fees, they can raise the ones it does not state. So my best bet is probably to take the wireless one. Better yet, I'll use the internet terminal of the first company, and just pay the minimums for my second company. I just got to look through it and see what they are. But basically they got me for $900 payable over the next 3 years.
The contract might even say that I'm in breach of contract if I do business with any other providers. They communicate with each other.
I talked to my friend who is an executive at a big corporation. He said that verbal contracts only exist in civil courts, not with arbitrators. Arbitrators are judges that deal with business contracts, and they only acknowledge what is in writing.
If the contract says I owe them $1,000,000 for nothing, the only way out is if I declair bankrutcy. That is why many people incorporate, so they are not personally liable. Probably also why a lot of people never go into business.
My friend told me if I sign a dumb contract, then I'm even dumber than the contract. He said you always should read all the fine print, and if there is too much to read, don't do business with them.
He agreed with me I was baited and switched. But he said if I want to fight it, there is a chance I might lose. The contract must specifically say I was going to get a wireless terminal. If it does not say that, then none of what was said over the phone will count in an arbitrator court, even if the contract implies my side of the story.
If I lose, I would have to pay all their legal fees and mine.
But since the contract does not state all their fees, they can raise the ones it does not state. So my best bet is probably to take the wireless one. Better yet, I'll use the internet terminal of the first company, and just pay the minimums for my second company. I just got to look through it and see what they are. But basically they got me for $900 payable over the next 3 years.
The contract might even say that I'm in breach of contract if I do business with any other providers. They communicate with each other.
Re: I need to know if I can sue them for not following contract.
But this is the free market. I don't know if I should blame the libertarians, or if the libertarians would even enforce contracts. But if you don't have government to enforce stuff, people do it with their own guns.
But this is the free market. I don't know if I should blame the libertarians, or if the libertarians would even enforce contracts. But if you don't have government to enforce stuff, people do it with their own guns.
The Gardener
Senior Member
- Reaction score
- 25
Re: I need to know if I can sue them for not following contract.
Yes you can sue them, and a court would seek to "make you whole" by getting all of the documented monitary damage you incurred reimbursed to you by the card reader company.
Ignore the "arbitration" clause in the contract. Once one part of the contract (by engaging in bait and switch) has been breached by your counter-party, then the entire contract is null and void. The card reader company can't break one clause of the contract, and then choose to honor another.
You might want to contact the Better Business Bureau, they may have some assistance to give you.
Yes you can sue them, and a court would seek to "make you whole" by getting all of the documented monitary damage you incurred reimbursed to you by the card reader company.
Ignore the "arbitration" clause in the contract. Once one part of the contract (by engaging in bait and switch) has been breached by your counter-party, then the entire contract is null and void. The card reader company can't break one clause of the contract, and then choose to honor another.
You might want to contact the Better Business Bureau, they may have some assistance to give you.
Re: I need to know if I can sue them for not following contract.
Gardener,
Thanks for the reply. How sure are you though? What is your source? The BBB sounds like a safe source to get info from. I'm just afraid if I sue, and the judge is not completely convinced, that they may have recourse to counter sue with an arbitrator. I just don't want to get hit with huge arbitrator fees or lawyer fees.
Gardener,
Thanks for the reply. How sure are you though? What is your source? The BBB sounds like a safe source to get info from. I'm just afraid if I sue, and the judge is not completely convinced, that they may have recourse to counter sue with an arbitrator. I just don't want to get hit with huge arbitrator fees or lawyer fees.