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LADY LAWYER
LADY LAWYER, Lawyer
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I signed a contract that was non-cancellable for membership

Resolved Question:

I signed a contract that was "non-cancellable" for membership in a Travel Services Unlimited at a place in Hilton Head,SC. I realize now that I made a mistake and want to get out of the contract. I let the salesman put the $3995. charge on my Amex card, but I have called Amex and told them not to pay. The sales company says I cannot renege on the contract. I don't have the funds that I thought I had to pay for this service, and now I will have to borrow the $ to pay off Amex if they pay the charge. I am unsure about the quality and possibly the legitimacy of the sales company, Hilton Head International. Is there any way to simply get out of the contract?
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  LADY LAWYER replied 4 years ago.

Hello,

 

When did you sign the contract?

 

Did you sign the contract at HHI's normal place of business or somewhere else?

 

What was the result of your attorney's conversation with the attorney in HHI?

Customer: replied 4 years ago.
I signed the contract on April 6 at HH International's place of business. I drove to Hilton Head. The attorney in HH said I should try to beg and plead my way out of it, or that he could possibly write a letter (for a $) that might not do any good.
Expert:  LADY LAWYER replied 4 years ago.

Hi,

 

Thank you. If you had tried to cancel within 3 days, you may have had a chance (there is a federal 3-day cooling off period that may have applied). As of right now, however, there are really no legal options available to you to cancel this contract. You can imagine how much businesses would suffer if none of their contracts were legally binding, thus, the law presumes you enter into a contract knowingly and having done your homework. If you did not, there are not a lot of legal options available to rescind the contract. Of course, the contract you signed with them will govern. If they give you a cancellation period, they have to honor it. If not, and Amex does honor your request not to pay them, they can sue you for the original amount, plus other damages, court costs, and attorney's fees as well--meaning you will be out much more than the original $3995. Additionally, the judgment will be on your credit report. So technically, I agree with the HHI attorney here--you can try to beg your way out of unwinding it and hope that they sympathize. Otherwise, I don't think paying an attorney to write you a letter will help you here. Sorry to be the bearer of bad news, but you need to know the cold, hard facts under the law. Telling you anything different would do you no good and may force you to make further decisions that will hurt you in the long run. If you have more questions about this, please let me know--I am happy to keep helping you. If not, please don't forget to accept my answer as it is the only way I can receive compensation for my time. You will be charged nothing further for pressing accept. Thank you!

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Satisfied Customers: 6531
Experience: Consumer Lawyer
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