We signed a contract with a dog training company before we saw that the trainer was not adequate. She left. We called her the next day to cancel the contract. She said she cashed the check and would get back to us. The check was for around $500. We subsequently cancelled the check and called and told her we did so. We sent her $100 (for one short lesson--contract was a lifetime guarantee) stating that we thought that was more than fair. She cashed that check but has since sent us two letters stating that the charge for one session is $195 plus she wants other fees. If we do not pay, she will send us to collections. I understand that you can cancel a contract within 3 days. Please advise.
You can only rescind certain contracts within the 3 day period. Those includes loans and if a contract was made in your home by a door to door salesperson or other solicitor who came to your home unsolicited.
You have made a good offer to her and you feel that it is more than fair for what you received. She can send it to collections, but before anything can be done as far as showing up on a credit report - the matter would need to go to court and a judgment would have to be obtained. If you feel that you want to hold your ground on this, let her send it to collections, let them take you to court for the monies and you go and present your case to the judge asking that the case be dismissed. The best scenario is a judge would find that you have been more than reasonable and dismiss the matter. The worst is the judge rules in her favor, you will need to pay the monies as ordered, which then could also include fees for the collection agency and any attorney that she might engage in the matter.
Best to you in this matter,
If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle
Should I have my lawyer write her a letter? These letter are not coming from her corporate office and I feel that we should contact them. She was very new at her job and said she had never seen a dog like ours. Subsequently we went to a group training session for a total of $80 and it went well. We feel she misrepresented herself and she even admitted that the training did not go well.
A letter from an attorney stating that you feel you have made a good faith offer for the services (or lack thereof) rendered might help if sent to the corporate office. I was under the impression that she was solo.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).