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William B. Esq.
William B. Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2959
Experience:  I am a civil litigation attorney with experience representing individuals and businesses.
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Hi, Id like to schedule a follow up appointment with CalAttorney2

Customer Question

Hi, I'd like to schedule a follow up appointment with CalAttorney2 on Friday, May 23, 2013 at 10:00am PST.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  William B. Esq. replied 1 year ago.

CalAttorney2 : Dear Customer, thank you for your kind request. Can we make the appointment for the 24th at the same time? Thank you for your consideration, Bill.
Customer: Saturday, correct. That would be fine. Thank you
CalAttorney2 : I show the 24th as Friday, but I can be available on Saturday as well (your choice). Best regards, Bill
Customer: This is a copy of the enrollment agreement that I was e-mailed through docu-sign. Nowhere on there does it state the name of the business. I didn't find out the true name until after the 3 day recision period. I had asked at one point and the said something like e-commerce. It was nothing having to do with Daeus Financial. That is when I looked up the information about them and their tactics. I realize it isn't a scam but they do mislead you saying that you will have your debt paid off in a couple of months. That was told to me many times from all different people who called me from there. The second fee they charged me was for setting up a tax ID number and an Unlimited Foundation. I am finding out that if you do that locally it's less than a $1,000.00. I never signed anything for that so I am definitely going to dispute that with my credit card company if they don't refund me my money tomorrow when I talk to their customer relations dept. I had to make an appt. I just wanted to give you a heads up on this information. Thanks, Wendi
CalAttorney2 :

Hi Wendi, thank you for the additional information. As far as disputing your contract with this company you have a couple of options which escalate based on the amount of cooperation you get from them and the amount of time and energy you are willing (or forced) to put into this matter to resolve it. Assuming they are willing to do the right thing and work with you through their customer service and rescind the contract under their recision plan, you will not have to go any further. It may be worthwhile to document your request to exercise this option in writing through an e-mail (as it is instant) and follow it with a letter which references your e-mail and phone calls. Assuming that does not work, you may get some cooperation with your credit card company to dispute this contract. Finally, the better business bureau offers some assistance to consumers in situations such as yours through mediation or similar consumer dispute procedures (even though this company is in poor standing with the BBB does not mean that the BBB would not be effective, and it is usually free or of low cost to consumers to use).

CalAttorney2 :

If the above procedures do not work, your last step would be to bring the matter to small claims court. If I recall correctly, you are in California. The small claims jurisdiction in California was just raised to $10,000.00 which allows you to bring suits against companies such as this without an attorney and for relatively low cost (it will take some of your time, but it is fairly effective). Here is some information on small claims court procedures if you need it: http://www.courts.ca.gov/selfhelp-smallclaims.htm The documentation of your discussions and efforts with the company to rescind your contract now will likely be very important in any court action against them, so keep documents, and make sure that any conversations you have with them are confirmed by letter and that you keep a copy of any letters you send to them.

William B. Esq., Lawyer
Satisfied Customers: 2959
Experience: I am a civil litigation attorney with experience representing individuals and businesses.
William B. Esq. and 4 other Consumer Protection Law Specialists are ready to help you
Expert:  William B. Esq. replied 1 year ago.
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Customer: replied 1 year ago.

Hi Bill,


 


I finally found the answers. I think I can record my call also on my I-Phone. I am actually in Washington State. How does anyone know who the Enrollment Agreement was with since they don't have their company name on there anywhere?


 

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

I apologize for the delay. Your follow up question was just routed back to me. Unfortunately I do not have your contract in front of me, but the document should say on it somewhere who you entered into the contract with (although many companies like that use one company "as agent for" or similar language).

I am happy you have the additional information, and the recorded phone calls will be helpful. I would still advise the use of written correspondence in addition to the phone calls as they are easier to compile into written discovery and pleading papers.

The information regarding small claims is still roughly the same for Washington State, although there is less information on line (you can still locate information through the Washington State Court website, it is just not as comprehensive as California's).

Best regards,
Bill

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