Just Answer Just Answer

Ask Your Legal Question. Legal Experts Answer You ASAP
(Not a Legal Question?)

Question

I talked with a florida time share outfit that offered me 4 ...


Sent to Legal Experts March 03 7:51 p.m.

I talked with a florida time share outfit that offered me 4 days and three nights plus two disney park tickets and a few other offers all for $198 to be used in 18 mo. They recorded the call. Next day I knew no one would go with me and according to the confirmation letter I am entitled to cancel within seven days. When I called to cancel I was told that in the recorded call I was told it was nonrefundable so therefore the best I could get was $99 back and 5 years to use the package in. I have a feeling what is in the confirmation letter is what counts more than the recorded call. Can I force them to give me a full refund and if so, how do I make that happen for sure and protect myself?

Optional Information:
Dixon, Illinois

Already Tried:
I haven't tried anything but request my cancellation of my order from the company.
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
March 04 12:11 a.m. (4 hours and 20 minutes later)

THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
PictureDave Kennett  -- Lawyer (JD) -- 100% Positive Feedback on 2373 Legal Accepts
25 years experience in general law, including real estate, criminal, traffic, and domestic relations
6/25/2008 to 7/2/2008
Reply
Sent March 04 1:57 a.m. (1 hour and 46 minutes later)

Attorney David Kennett,

FYI this call took place as I was answering an ad on TV for Kevin T. book "Debt Cures." I was ordering the book and they were coming up with all of these offers knowing that a sucker who needed that book would fall for these offers. Plus I had been in tears because I couldn't go to Disney with my daughter's family this year because I couldn't afford it. And they were offering me this "free" trip to stay by Animal Kingdom!My grandson is two and when he goes through "It's A Small World" I want to see his face. Yes I'm a granny that they took advantage of. I'm a CNA and I make $8 hr. $100 means a bunch to me, however time is scarce because I have to work mega hours to make ends not even meet! I'm 52 and going to school full time so that I can be a medical coder and double my income someday, but right now things are so scarce.

This isn't just about a $100 either. If I have to take the offer it would cost hotel taxes and a plane ticket for my husband who doesn't want to go and certainly not to listen to a time share salesperson. They want a $200 deposit, that is in the confirmation letter but wasn't discussed on the phone. Then if you don't do everything just right they can charge you full price, and if they don't have room for you in the "good" place they can stick you in cheapo land. All in the confirmation letter.

If I have to invest time to get justice I will, but what I want is to make a power call with powerful words tomorrow, and I want to clinch the deal right there. And just be out of it with little harm done.

So, I intend to say, "I called yesterday and asked for a refund as it is written in my confirmation letter that I can have. I was told that since they told me on the phone it is nonrefundable that I couldn't have a refund. I want to make it clear that I was not adviced that my husband had to be along in that conversation. And I wasn't told about all of the other expenses and conditions that are in that letter. My brother is an attorney." (Brother verses son to show experience.)

"My brother has adviced me that the written word will stand in court and that I should file a claim in small claims court and turn your outfit into the attorney general's office for false advertising.This $100 means way more to me than it does to you so would you want to reconsider a full refund before I take this action lettting the public know the truth?"

Before I hit the accept button, I would like to know if there is anything you would revise about this planned conversation to make more impact.

Thank you,

Kathy Ross

Customer (name blocked for privacy)
Answer
March 04 10:03 a.m. (8 hours and 6 minutes later)
ACCEPTED Check Mark

Dear Kathy - I was not trying to make $100 sound irrelevant but in the legal world it is due to the high cost of filing a lawsuit. I don't know what your brother told you but you certainly can say that you checked with a lawyer who told you that. I would also state that you intend to file a complaint for false advertising with your state attorney general. Most companies do not like to deal with government agencies over consumer complaints. Good luck and I hope you get your money back.

Dave Kennett



__________________
Please click "Accept" if you are satisfied with my answer. Thank you for using Just Answer.
David Kennett - JD - Attorney at Law
PictureDave Kennett  -- Lawyer (JD) -- 100% Positive Feedback on 2373 Legal Accepts
25 years experience in general law, including real estate, criminal, traffic, and domestic relations
6/25/2008 to 7/2/2008

Think you can answer this question?
 Login or  Become an Expert









DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the Just Answer service comes from those individuals, not from Just Answer!, and that Just Answer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
   Just Answer! > Legal > Florida Lawyers and Legal Experts