Ask a Lawyer and Get Answers to Your Legal Questions
Hi there. My name is ***** ***** I look forward to helping you.
They are in breach of contract and you do have recourse. Since they won't resolve this voluntarily, you want to raise the stakes on them. Send them a certified, return receipt requested letter detailing the history and their default, and demand they allow you to take these last two courses for no additional charge and refund your overpayment within a short specified period of time. Inform them that if they do not timely comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!