I reside in Montreal and tomorrow is my court date..I love this job Anyone of you has ever been the plaintiff or the defender? I'd like to know the story if you've got any to share. Maria
Well i'm suing a beauty salon owner for repair of damages.I am claiming the sum of $655.65 from person X for the following reasons: - Breach of contract as a result of overcharging and non-disclosure of additional excessive hidden fees in advance. -Verbal abuse and mistreatment -Inability to conitnue treatment due to blackmail-refusing to continue treatment if additional fees that were not mentioned in the contract are not paid in full. -Noncooperation in all attempts to resolve the matter diplomatically. Maria
lol that's very funny.. I wish I could but it's the principle of justice that counts. I paid my money to get treatment sessions... My sessions were not completed so I did not get any result.. it's the equivalent of me throwing my money in the garbage.. For this reason , i'm claiming back my money. Maria
Was there a money back guarantee ? Do you have this in writing ? Example : You can join Jenny Craig and pay for a program to lose weight, but they will not guarantee it.....hence, if it does not give you the results you expect you cant ask for you're cash back. Im assuming the salon had a similar program of nature and you did not get the results you were expecting? (Im just assuming)
I assume that you're talking about small claims court. If that's the case, there is a good chance that you will "win" your case (i.e. the judge says you are right). But then youstill have to TRY to get your money... It happened to me twice (once I had to sue a deadbeat tenant in France, the other time a deadbeat landscaper in Quebec); in both cases it would have cost me more to take the additional legal steps to get the money than what I was suing for (EUR 4,000 in France, $1,200 in Canada). So, good luck....a moral victory is not as good as getting your money back, but still better than nothing at all
Yeh ok I understand your presumption.. but that wasn't the situation in my case.I didn't join a losing/gaining weight program..It's a guaranted result treatment after 6 to 7 sessions.After going for 2 times, I started seeing slight results and I was fully happy.However, the problem arosed when I called to schedule for my third session.I called to inquire about my next bill..I was very surprised when she the secretary told me the amount I have to pay for my next session.I knew there was something wrong because prior signing the contract,we had agreed on installments.So anyways,long story short there was a breach of cntract as I had mentioned before, for overcharging and non -disclosure of additional excessive hidden fees in advance.She refused to continue the treatment if additional fees(100$) that were not mentioned in the contract are not paid in full.So there was inability for me to conitnue the treatment due to blackmail.There was noncooperation in all attempts to resolve the matter diplomatically...... I have not shown any bad faith because I tried to resolve the matter before going to court.In return, she has indicated bad faith and frivolous attempt because she countersued me for an unreasonable amount that's 3 times what I am asking for and that is not related to any loss of her income.She tried to intimidate me financially hoping I would stop persuing this matter in court. That's my story. thx to all of ur support, yeh I admit the song I chose to post didn't showcase my talent.. Maria
I note you stated "prior signing the contract,we had agreed on installments." Was that marked anywhere on the contract? Do you have the equivalent of the telephone demand/terms/modification in writing? Referring to "I called to inquire about my next bill..I was very surprised when she the secretary told me the amount I have to pay for my next session." Is there fine print in the contract which states price, terms, recourse may change?
To answer to your question 1- Yes I have the installment paper in my possession. 2- I didn't record the telephone conversation but I asked to talk immediately with the owner of the clinic and I tried to resolve the matter with the owner diplomatically before taking any legal actions.. Thx for asking me those questions, I feel like I'm answering the Judge's questions.. so far I'm getting a good idea at what I might be asked from the judge Maria
I also found some helpful clauses from consumer protection laws etc.. that could be of great help to my case..Should I tell them in court? FROM THE CONSUMER PROTECTION ACT SOME OF THE LEGAL LAWS: In an agreement with a consumer, a merchant cannot add various costs disguised as special charges such as handling charges, fee to open an account, or anything other than the cost of the item and interest on any unpaid amounts, unless these matters are clearly set out in the contract with the amounts shown. Under clause 12 The consumer may demand the nullity of a contract or a reduction in his obligation thereunder where the disproportion between the respective obligations of the parties is so great as to amount to exploitation of the consumer or where the obligation of the consumer is excessive, harsh or unconscionable. Under clause 8 THE OFFERS, PROMISES OR AGREEMENTS PRIOR THAT MUST BE EVIDENCED IN WRITING ARE NOT BINDING (COVERED) ON THE CONSUMER UNLESS THEY ARE CONFIRMED IN THE CONTRACT ENTERED INTO IN ACCORDANCE WITH THIS TITLE. Under clause 24 EVERY PERSON WHO CONTRAVENS THIS`ACT OR ANY REGULATIONS IS GUILTY OF AN OFFENCE. SECT277 FROM THE CAC (CONSUMER ASSOCIATION OF CANADA) Consumer rights: To be informed The right to be heard The right to choose The right to redress against damage. Maria
You've done your homework - good. Keep said clauses at your disposal but don't be surprised if judge reminds you of how much he knows about laws should you choose to mention that before s/he does. More importantly, anything you've got - contract, checks, receipts, etc. which has to do with this case, take, and have it organized.
5'11 201lbs! Get your facts right! Maybe waxing your BARE SCALP would help stimulate some neural activity leading to more intellectual remarks? EDIT: Sorry for hijacking your thread arabian_eyes
You need to have the most documentation possible to back up what you are trying to prove, even the slightest item may help, judges like documentation not heresay. Why not just go down and b1tch slap her instead of the hassle for $600, I'd be happy with that.
You're right , it's a hassle but I enjoy law and litigation... it's my first experience. if I follow your advice i'll end up in jail I'm not physically agressive maria
I was just kidding on the b1tch slap idea, besides it's better to pay someone to do it that way you don't get your hands dirty.
