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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26804
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have a signed contract from a furniture company. They messed

Resolved Question:

I have a signed contract from a furniture company. They messed up and are now trying to force me to sign a new contract. Are they allowed to force me to sign a new contract when I was not the one who made the error?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 9 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

There is no legal means by which they can force you to sign a new contract. The most they can do is is void the old one which would require you to turn the items back in and for them to refund any money you have paid.

Dwayne B. :

They are allowed to do this under the contract theory known as "mistake".

Dwayne B. :

However, there is no way to force you to actually put your signature on another contract with different terms.

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer:

I have attached a copy of the events in the order they happened. Can you take a look and let me know, should I sign the new contract or do I have room to stand my ground? Thank you and I look forward to hearing from you.

Customer:

Conn’s Dispute


On Thursday Oct 17th Dee Dee from Conn’s in Waco called to tell me they made a mistake on the contract that I signed back on Oct 5th. She stated she wanted me to come in and sign another contract which would make my payment go up 40 dollars. I informed her that I could not have my payment change. When I was in the store I asked her on multiple occasions what buying certain things would do to my payment amount. I reminded her of this discussion and that I told her then I didn’t want the payment to go beyond 250.00. Dee Dee assured me when I was in the store that the payment would be 250.59 and I told her that was perfect and signed the documentation. She then stated that was accurate but she wasn’t aware of the mistake until today. I informed her that I would not sign another contract based on the fact that when I was there I was adamant about the payment amount the entire time and she was well aware of that fact. I then said I was willing to give back the most expensive item which was the refrigerator. At that time she stated that I could not do that because that would be considered a repossession. I informed her that the mistake was there fault and the fact that I was even entertaining a solution was only because I wanted to be fair. She stated she understood and asked me if she could call me back. I told her that would be fine. Dee Dee called me back and stated that they could remove the insurance off the account and then the payment would only go up 8.00, I thought about it and then stated no I didn’t want my payment to go up at all. Besides, when I was in the store she was adamant that the insurance had to be on the account and that it could not be removed, now all of a sudden it can be removed. Which one is it? I signed the contract understanding the insurance was in play, so I don’t want it removed. She then said if I come in to sign the paperwork she would pay the 8 dollar difference. I informed her that I would not agree to that because there is no guarantee or anything in writing stating that is the agreement for the term of the loan. She then stated well the only other thing would be to split the two contracts apart again and that would cost more money. I told her that too was unacceptable because I already signed the letter giving up the cash option on the first contract so the loans could combine. She stated those were the only options. I then asked for the number to the Conn’s Corporate Office and the number I was given was XXX-XXX-XXXX and told to hit 00 for assistance.


On Thursday Oct 17th I called the number that I was given and a gentleman answered the phone. He did not verify any account information. He stated he could not assist with the contract issue and stated he would transfer me to the correct person. The next person that answered the phone listened to the issue and then stated he was the wrong department to resolve the issue (sales) he then transferred me back to customer service and another gentleman answered the phone. He verified the account and listened to the issue. He put me on hold to go check on something and came back to the line and stated he had to transfer me. When the next person answered I asked for a manager and she asked could she help, I said no and she transferred me. The person that answered next stated he couldn’t help because “your account is in good standing. You don’t owe us, so I don’t know why they sent you to my department.” He went on to say that what they were doing did not sound correct and that he would have the issue escalated. A lady then came on the line to do the escalation to the District Manager. After she got the information she stated it would be 24 – 72 hours. I have been patiently awaiting that call.


 


Dee Dee called me back on Oct 18th and asked me was I coming in to sign a new contact. I informed her that I waiting on the DM to contact me and that I would call her if necessary after I spoke with the DM.


 


Dee Dee called me On Oct 19th today and informed me that her manager stated if I don’t come in and sign the new contract (paperwork) he would just split the contracts up. I told her that was unacceptable as I had signed all the paperwork and agreements that were presented on my part. I informed her that I have a signed contract and Conn’s is acting like it doesn’t exist. I told her I don’t appreciate the threats that are being sent my way by Conn’s i.e. repos, contract splits etc. I informed her that the DM had not called. She stated the manager had sent the info to the DM and that he was trying to state it was all her fault. I said “that is between her and Conn’s, however to keep everyone honest, when I was in the store he helped her with my transaction. She brought the price of the range I purchased to his attention. They spoke about something and then she came back to me. I saw him sitting in front of the computer at least twice. . She stated he told her what to do so she didn’t understand why he was saying it was all her fault. I informed her that is between them, but I don’t want her to call my phone anymore. She can’t fix this issue so I have no idea why her manager is continuing to send threatening messages to me through her. He is aware of the situation and has not done the proper thing by picking this up and trying to resolve it in a fair manner. I told Dee Dee to tell her boss he can call me and give me the number to his boss which I would think is the DM or he can call me with a resolution. But since he apparently could care less about the outcome of this issue for me, I informed her that on Monday I will be contacting an attorney to see what my legal rights are in this instance. I also informed her that if Conn’s would like to involve their attorney’s feel free. This should not be an issue I am dealing with as you all made the mistake. If the shoe were on the other foot and I was in total breach of contract i.e. not paying my bill, which would not be accepted by Conn’s. So why is it that Conn’s feels like they can put anything on a contract and have a customer sign it and then just redo numbers, go back to the consumer and demand the person sign a new contract, seriously. I told Dee Dee give my message to her boss but she is not to call my phone anymore. She can inform him that I don’t appreciate the threats, have his DM call me and all future communications must come from him and tell him I will be recording the calls. I have had enough and I didn’t make this ugly they did.


- I signed a contract at Conn’s in Waco on Oct 5


- They called me about changing the contract on Oct 17th twelve days later


- They are uttering threats to consider things repos or split contracts and force me to pay more


- They are offering to just pay the additional 8.00 after removing the insurance that they stated was mandatory.


- The calls are frequent and annoying (pull a copy of my phone bill)


- Two days later and still no call from the DM


- Since the beginning of this issue no call from the manager.


I informed Dee Dee that this has been a fiascal since the failed delivery date. I was adamant that I needed the appliances delivered on Tuesday and I was told if I would take the stove off the store floor a Tuesday delivery was doable.


(Note) The Tuesday date was missed, the Wednesday date was missed and finally on Thursday it was delivered. The manager called and blamed the debacle on the Warehouse in Austin. I asked who I could inform of the poor service and he stated it wouldn’t do any good they would just say it wasn’t them. He stated the delivery came out of Dallas and I informed him that when that survey called me I would take it if it was for the Dallas crew. He stated it would be, I still haven’t received a call from the number they told me would call. A He said he would put the delivery fee back on my account and I informed him that was not necessary as the furniture was indeed delivered. He stated that was not good service and that charge should be credited. I informed him to do as he pleased.


 

Customer:

My confusion is if they do it under some mistake rule, does that mean I must do what they say. Just because I don't sign a new contract, if they say mistake can they enforce the terms of a new contract?

Dwayne B. :

No, they can't hold you to new figures. If they don't like the terms of the contract that is in place they can ask you to void the contract and allow you to give the merchandise back and they give you back any money you spent or, if you don;t agree, then they can file suit and ask the court to do so.

Dwayne B. :

However, under your facts they cannot make you sign a new contract or hold you to a higher payment than you agreed.

Customer:

Should I seek legal representation in this matter do you think? Well, that is in the event I can't resolve it with the company.

Dwayne B. :

I think you'd be better off going ahead and hiring a lawyer to send them a letter and explain why they can't change the contract.That will put the file into the hands of the litigation section and they will know they have to just live with their mistake.

Dwayne B. :

Plus, it would prevent everyone from hassling you.

Dwayne B. :

But I'm sure they can't change the contract and make you sign off on it.

Customer:

Thank you for your assistance, it was very helpful.

Dwayne B. :

You're very welcome and est wishes to you on this. Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

Don't let them bully you, you're in a good position.

Customer:

Thanks, XXXXX XXXXX and excellent is what I will be choosing, take care.

Dwayne B. :

Thanks!

Dwayne B., Lawyer
Satisfied Customers: 26804
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
Dwayne B. and 2 other Consumer Protection Law Specialists are ready to help you
Expert:  Dwayne B. replied 9 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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