Question about whether a contract is valid when the opportunity to cancel within 7 days is passed but the reason to cancel is known to you at 11 days. It should have be given to us within the 7 days.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.What type of contract is it?Are you saying that the contract allowed you to cancel in 7 days?In what state is this?
It is a services contract with a timeshare resale services in Florida. The contract was signed on May 31 using my Amex card. We had 7 days to cancel. On June 11 we received an email stating our credit card was rejected and they requested an alternate means of payment. We call Amex and it was not rejected. They said it was rejected on June 1. If they had contacted us then we would have cancelled at that time for misleading us. Now we are threatened with it being sent to a collection agency. We have not paid yet but they want $1981 (the fee). We are unsure of not paying with this threat. What do we do?
If you signed a contract and the contract stated that you had 7 days to cancel but you did not cancel, then the contract is still valid. Your legal recourse if you believe they committed fraudulent misrepresentation would be sue them for that in court. Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. Do not rate me if we are not finished since rating me "Helped a Little" or "Expected More", counts as a negative against me. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website or the law (since I do not make the laws) and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Thank you for allowing me to assist you today.
Our credit card info was on the contract as payment. Can they legally change the payment method without giving us notice before the 7 days was up.
I see that you left me a negative rating. May I ask what more you expected? I explained that you have the opportunity to continue the dialogue with me if your question has not been fully answered. Please let me know what more you are expecting. I want you to be 100 percent satisfied and don't know what I did to deserve you giving me a negative.
What do you mean when you say that they changed the payment method?
To continue with the question it said to rate lower. I wasn't aware we were done. The question we looked for help on was about the legality of what they did, i.e., not notifing us of a problem within the 7 days. Sorry about the rating confusion.From American Express to a check type payment due to a rejection which we verified with American Express was not true. They never contacted American Express or us at the time of the so called rejection. As I said we received an email looking for alternative payment method 11 days later.
The site made some changes to the system last week and a lot of customers are confused about it. You do not have to rate me to follow up. You can hit the Reply or Continue Conversation button. You only need to rate me when we are finished and you are satisfied that I have answered your question fully. You can erase the negative by rating me a 3 or above when we are done :)I thought that you were asking if the contract is valid. That is why I answered in that way. You are now asking instead whether it was legal for them to not notify you of the payment problem within 7 days. Unless the contract stated that they were required to notify you of such, there is no such law. It would be incumbent upon the consumer - you - to ensure that your method of payment was valid. Therefore, unless the contracted stated that they had 7 days to contact you or else the contract would be invalidated, then they did not do anything illegal by not contacting you.I hope this has now answered your question. If not, please let me know.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. Do not rate me if we are not finished since rating me "Helped a Little" or "Expected More", counts as a negative against me. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website or the law (since I do not make the laws) and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Thank you for allowing me to assist you today.
It was and is a valid form of payment. What more could we do then using the most secure form of payment. What should we have done? Our credit limit is $13,000. We pay off our credit bill every month.
I never said that you didn't make a valid form of payment. I was responding to what you said which is that you were told by the company that your payment was not valid and you asked if they were required by law to notify you of such. Isn't that what you stated - that they claimed your payment was not valid? Isn't that what you meant when you referred to the "so called rejection"?Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. Do not rate me if we are not finished since rating me "Helped a Little" or "Expected More", counts as a negative against me. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website or the law (since I do not make the laws) and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Thank you for allowing me to assist you today.
Last question: it wasn't about the credit card as not valid, it was that the credit card they said was rejected by American Express, when it was not. They made no effort to resolve an issue they knew not to be true. The credit card was not rejected by American Express.
Right, I understand that :) They, however, claimed that your payment was not valid. When a payment is rejected, that means it's not valid. I didn't say that YOU made an invalid payment. I was simply repeating the fact that you claimed that THEY claimed your payment was not valid.You then asked if they were required by law to resolve the issue. The answer is that no, they were not. It would be up to them as to whether they followed up or not.Does that now make things clear? :)Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. Do not rate me if we are not finished since rating me "Helped a Little" or "Expected More", counts as a negative against me. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website or the law (since I do not make the laws) and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Thank you for allowing me to assist you today.
They said it was rejected but it was not rejected. Are you saying they only have to say it was rejected without verification from the credit card company so they can switch payment metrhods? What recourse do we have if that is the case? I can't believe that this is an OK way to do business.
No. I understand that it was not rejected. I think you are focusing on the wrong thing here and are misunderstanding me.The question you asked was whether they had to inform you of a problem within 7 days? That was the second question that I answered for you. Perhaps I misunderstood what you mean by "problem". What problem are you referring to?
A problem with the credit card. When they informed us, after 7 days, we found out they never submitted the charge to American Express. All they said in a phone call to us was that there are many reasons for rejections but never gave us a specific reason because there was none. At this point we no longer felt comfortable with this business practice and wanted to cancel. That's why we said we never had this opportunity to cancel until after 7 days.
Yes, then I understood you correctly :) You asked if they needed to notify you legally of a problem with the credit card within 7 days. The short answer is no, they do not as I explained in more detail in my initial answer. As you stated, they never submitted the charge to Amex. It was their responsibility to submit the charge. You then stated that you wanted to cancel because you did not like the fact that they said that it was rejected when it was not. You stated that the contract stated that you had 7 days to cancel but that the 7 days had passed. But, as I explained, you have to go by the contract terms. If the contract gives you 7 days, then you have 7 days. If you are alleging that they violated the contract, then you can sue them for breach of contract as I explained in my initial answer to you above.To sum it up, you asked two questions. The first question was whether you can cancel after 7 days. Answer is that no, you cannot unless the contract allows you to. When you have a contract, the contract says what your rights are or are not. Your second question was whether the company had an obligation to notify you of a problem with payment within 7 days and the answer is that no, they were not required to notify you of a problem unless the contract stated they were required to do so.I hope this has made the answers more clear for you and if you believe your question has now been answered, I do hope that you rate me a 3 or above so that I may be credit for the time I have taken to help you with this matter.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. Do not rate me if we are not finished since rating me "Helped a Little" or "Expected More", counts as a negative against me. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website or the law (since I do not make the laws) and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Thank you for allowing me to assist you today.
Experience: Experience in consumer litigation and FDCPA matters