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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
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I just made the mistake on Tuesday night of signing up for

Resolved Question:

I just made the mistake on Tuesday night of signing up for eLove and agreeing to pay them $3000. I already gave them $500. I would like to cancel the contract. First of all, if I refuse to pay the rest do they have to take me to small claims court before affecting my credit score?

Worst case scenario I only owe them $1600 if I cancel before they send the first match(I still haven't finished completing the questionnaire that let's them send me matches)

Also Title 16 3 day right of rescission doesn't apply if I've gone to and paid at their place of business. Correct?

Thank you!!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The first step is to read the contract very, very carefully. If there is anything in there that allows you to cancel without penalty, then you may do so. You are unfortunately correct that, if the contract was signed at their place of business, there is no 3 day right of rescission.

If the contract doesn't give you the right to cancel, they can (and likely will) sue for the remaining balance due. Unless you have a valid defense (such as fraud on their part), they will then get a judgment, which does go on your credit report. The negative mark will remain there for several years after the judgment is paid. They could also choose to send you to collections, and a collections agency may report unpaid balances on a debt on your credit even without a judgment. It's entirely up to the company whether to sue or refer the account to collections. They have to pay the collections agency, so they may prefer to go to Small Claims to save themselves some money.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

I appreciate the reply, Unfortunately I took the contract to work in case I had to make any quick decisions and forgot it there. I guess if I don't have a 3 day crunch it isn't as urgent.


 


The contract states that the intro money is owed upon signing the document AND the end of the interview and pays for them doing the matching. Considering that I did not technically finish my interview because I did not finish filling out my interview questions and they cannot finish my matching because I have not finished filling out questions, can I get out of it? Though another clause might state that after 6 months of doing nothing, I lose it all.. really wish I had it in front of me, I might run back up to the office just for it.


 


Would you have any recommendations for finding a local lawyer relatively cheaply who would quickly look at this and see if he/she see any loopholes?


 


I realize I signed it and I screwed up but in hindsight they really played every dirty but legal trick in the book, asked me about my ex who I just got out of a really bad breakup with, and then made me feel bad and making me feel lonely, the sales girl being an attractive flirty female who rushed me and made me feel bad for keeping her there while she was sick but reminding me the offer was time sensitive, and I just really don't want them to have my money if legally possible.


 


I'm guessing I can't stand outside their business but if I do go up there and complain and see anyone else about to go through the process, can I legally try to convince them to run away?


 


Thank you Lucy! I suspect these are the rest of my questions especially if you have advice for finding someone I can talk to.

Expert:  Lucy, Esq. replied 1 year ago.
It really would be helpful to have the language of the contract, but if you're sure there was no right to cancel within three days (and tomorrow is the third day), then I can wait until tomorrow.

Usually, as long as they gave you the opportunity to complete the interview and they were able and available to match you, they are in compliance with the contract. A person can't refuse to use the services as a means of avoiding payment. So, not finishing the interview likely wouldn't make a difference, but it depends on the exact language.

We're unfortunately not able to recommend specific attorneys. However, the Virginia Bar Association has a referral service that may be able recommend someone who can give you an initial consultation at a low cost.
http://www.vsb.org/vlrs/
Customer: replied 1 year ago.

Would it make sense to send them a quick email so that I have it in writing that if at all legally possible I would like to cancel today.

 

I realize you don't have the contract in front of you but I'm thinking:

"If at all legally possible please completely cancel my membership today. If not, do not send me any matches. I would like to invoke clause 3 in the contract and cancel my membership before you send them to me."

 

Doesn't look like a 3 day thing, the $1,595 is nonrefundable

 

I realize it probably doesn't make a difference I should never have signed this and feel a little stupid but the girl working there did lie to me about the terms of the agreement and then tell me to rush to sign it because she hadn't eaten yet and it was getting late and she needed to go. Basically a scam artist because she preyed on me being nice. Doesn't make a difference because I still went ahead and stupidly signed it right?

 

Oh and the contract includes if there are any legal problems I pay their legal fees on top of everything else... I can't believe I fell for this.

 

Thanks!!

Expert:  Lucy, Esq. replied 1 year ago.
If you're sure that Clause 3 is the one that lets you cancel and only lose your deposit, that should be fine.

Unless she threatened you or your family to get you to sign, unfortunately, no, it doesn't make a difference.
Lucy, Esq., Lawyer
Satisfied Customers: 21080
Experience: Lawyer
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