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Legal advise for taking business to court for refund
    #14807528 -

OK so background:

A little over two years ago I signed up for voice over internet service with an Ontario based company (same province I live in) called voipgo.

I got the annual plan, because it was cheaper. It auto renewed in 2010 and I continued using their service until April 2011. It then again auto renewed in June 2011, I noticed it on my CC statement, and immediately contacted them and had the account canceled.

A few weeks later and still no refund, they have absolutely NO customer service, and keep on telling me they will get back to me.

Their TOS on their website states:

Quote:
3.1.2 Annual Services: The services that are offered on a yearly basis will be charged one time for 12 months. In case of cancellation, Voipgo will charge each used month at the regular monthly rate of $17.95. Voipgo will refund the remaining balance minus long distance fees and shipping fees; the total amount to pay will be refunded to the credit card that is in Voipgo�s records.


I have cancellation proof.

I am opening a dispute with my CC company, but in the case the dispute doesn't work can I bring them to small claims court?

I don't have service anymore, its not even like they refused to cancel the account. They state they will refund it, its been long past the maximum time allowed for refunds, and they simply ignore me or hang up / cancel chat sessions when I try to communicate.

Their business has an "F" in the better business bureau ratings for this exact issue (them refusing to refund)


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One

Edited by Cyclohexylamine (07/22/11 09:11 AM)

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Re: Legal advise for taking business to court for refund [Re: Cyclohexylamine]
    #14807543 -

Are you in Canada as well?

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Re: Legal advise for taking business to court for refund [Re: abltsandwich]
    #14807579 -

Yes, in Ontario


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One

Extras: Filter Print Post Top
Re: Legal advise for taking business to court for refund [Re: Cyclohexylamine]
    #14807611 -

It seems like you have a legitimate case, I would find a lawyer to talk to. But it seems like you could most likely have this settled out of court possibly by just scaring the company a bit, a latter sent from a lawyer would usually do the trick.


--------------------


∞
I am incapable of conceiving infinity, and yet I do not accept finity.
- Simone de Beauvoir -

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Re: Legal advise for taking business to court for refund [Re: snoot]
    #14807620 -

Here in the U.S., the cost of a lawyer will be more than the annual fee.

I'd keep on top of customer service.


--------------------
...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436

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Re: Legal advise for taking business to court for refund [Re: snoot]
    #14807625 -

badchad said:
Here in the U.S., the cost of a lawyer will be more than the annual fee.

I'd keep on top of customer service.


If I win in small claims court they will have to pay legal fees (most likely)


snoot said:
It seems like you have a legitimate case, I would find a lawyer to talk to. But it seems like you could most likely have this settled out of court possibly by just scaring the company a bit, a latter sent from a lawyer would usually do the trick.


Yeah but if I get a letter from a lawyer its gonna cost $$$


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One

Extras: Filter Print Post Top
Re: Legal advise for taking business to court for refund [Re: Cyclohexylamine]
    #14807635 -

tymoteusz3 said:
badchad said:
Here in the U.S., the cost of a lawyer will be more than the annual fee.

I'd keep on top of customer service.


If I win in small claims court they will have to pay legal fees (most likely)


snoot said:
It seems like you have a legitimate case, I would find a lawyer to talk to. But it seems like you could most likely have this settled out of court possibly by just scaring the company a bit, a latter sent from a lawyer would usually do the trick.


Yeah but if I get a letter from a lawyer its gonna cost $$$



No one in the legal field you know of that you can talk to? Family friend , past lawyer? Is there a storefront that you can go to and actually talk to someone? Avoid phone calls.


--------------------


∞
I am incapable of conceiving infinity, and yet I do not accept finity.
- Simone de Beauvoir -

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Re: Legal advise for taking business to court for refund [Re: snoot]
    #14807643 -

No they have a mailing address but its goes to a PO box.

I think what I am going to do is:
- Have the dispute with the CC company (currently being filed)
- Send out a formal legal letter requesting that they refund or legal action will be taken to recover the costs PLUS any and all court fees
- Send the letter by registered mail so that I have proof of receipt or refusal
If I do not get satisfactory results, take them to small claims court and sue their asses.


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One

Extras: Filter Print Post Top
Re: Legal advise for taking business to court for refund [Re: Cyclohexylamine]
    #14807648 -

tymoteusz3 said:
If I win in small claims court they will have to pay legal fees (most likely)



True.  My understanding (which isn't very in-depth) is that the purpose of "small claims" court is to avoid high legal fees.  You don't need to be represented by a lawyer.


--------------------
...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436

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Re: Legal advise for taking business to court for refund [Re: snoot]
    #14807652 -

You have nothing to worry about.  I guarantee you the CC dispute will work.

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Re: Legal advise for taking business to court for refund [Re: pwnasaurus]
    #14807663 -

pwnasaurus said:
You have nothing to worry about.  I guarantee you the CC dispute will work.


I want to sue their sorry asses anyways


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One

Extras: Filter Print Post Top
Re: Legal advise for taking business to court for refund [Re: Cyclohexylamine]
    #14807673 -

tymoteusz3 said:
pwnasaurus said:
You have nothing to worry about.  I guarantee you the CC dispute will work.


I want to sue their sorry asses anyways


:awewtf:

...for what?  You're going to get your money back.  CC companies are GREAT about that when dealing with shady companies.

In Canada, you can only sue for damages, and once you get your money back, what damages are you suing for?

That kind of attitude is part of the reason the states is so fucked up and the court systems are clogged.

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