RE: Did you sign with a possible "Scam Group"
OK ROCKS: IS THERE A WAY OUT AFTER SIGNING?
I HAVE SEEN POSTS ABOUT OTHERS WHO DID SIGN THESE THINGS AND WANT OUT!
HOW IS IT DONE?
I AM NOT AN ATTORNEY BUT I AM HOPING THESE ITEMS I FOUND MAY HELP... UNLESS THEY NEVER HEAR FROM THESE PEOPLE AGAIN, THEN NOTHING WILL HELP!
I PRAY FOR ALL... EVEN THE FOOLISH ONES
HERE IS WHAT I FOUND AND I WOULD HOPE MOTHER COULD CHIME IN IF AT ALL POSSIBLE.
....
OK ROCKS: IS THERE A WAY OUT AFTER SIGNING?
I HAVE SEEN POSTS ABOUT OTHERS WHO DID SIGN THESE THINGS AND WANT OUT!
HOW IS IT DONE?
I AM NOT AN ATTORNEY BUT I AM HOPING THESE ITEMS I FOUND MAY HELP... UNLESS THEY NEVER HEAR FROM THESE PEOPLE AGAIN, THEN NOTHING WILL HELP!
I PRAY FOR ALL... EVEN THE FOOLISH ONES
HERE IS WHAT I FOUND AND I WOULD HOPE MOTHER COULD CHIME IN IF AT ALL POSSIBLE.
....
Canceling a contract... 72 hours/3 day cooling off period
Most states have laws that allow you to cancel written contracts covering the purchase of certain goods or services within a few days of signing. Many states have laws that allow you to cancel contracts for health club memberships, dating services, weight loss programs, dance or martial arts lessons, time share properties, and hearing aids. Call your state consumer protection AND OR AN ATTORNEY!
THERE IS ALSO RESCISSION...
In the case of rescission, each party is required only to do what is necessary to put the other party in the same position that he would have been in if the contract had never been signed in the first place.
Check to see if the contract has consideration ("consideration" is a legal term). A contract has consideration only if both parties offer something to the other, even if only a promise. A promise to give a gift, for example, is not an enforceable contract unless the other party gave or promised something of value in return for it. The amount of consideration is unimportant--a contract to sell a car for one dollar is not lacking in consideration.
Determine if the other party made any misrepresentations to you that are so serious that you wouldn't have signed the contract if you had known the truth. Although it is best to have documentary evidence of the misrepresentation, you may consider rescinding the contract even if the only evidence you have is your own memory.
Deliver a written notice to the other party by registered mail stating your intention to rescind the contract and explaining the reasons why. If you discovered several grounds for rescission, list them all. You should also demand that the other party perform whatever action is necessary to restore you to the position you were in before you signed the contract--if you paid a deposit, for example, the deposit should be returned.
Return to the other party anything that is rightfully his--if you purchased goods, for example, you will need to return the goods.
Address your letter to the other party with the address provided in the notice provision of your contract. In the subject line, state, "letter to rescind." In the introductory paragraph of your letter, state when and where you signed the contract, your contact information, the subject matter of the contract and any other information that will help the other party identify you.
In your second paragraph, state why you wish to rescind the agreement. For example, state that you have changed your mind about the agreement or you wish to rescind and why
Let the other party know how to contact you if she accepts your offer to rescind. Send your letter by certified mail, especially if the rescission period is time-sensitive. Additionally, you should make a copy of the contract and attach it to your letter as a reference point.
SAVE A COPY FOR YOURSELF! AND RECEIPT OF SENDING CERTIFIED MAIL!
**********
Clutch: Forget all this! Just don't send the currency, keep it in your possession. If you already sent it then you can complete this common phrase..."Grab your ankles and kiss .... ... Goodbye!"
***********
OK ROCKS: Listen there are some who did this and I care about what happens to them! yes all have been warned so many times ....yet it happens!
I just want to help those who are now awake and realize the error of their ways!
I did email an atty friend and got pretty much the same answer I stated above....
This is it: As along as they still have their currency they are ok and in my opinion can simply ignore. Or they can rescind by sending a letter to whomever saying:
Please accept this as "NOTICE" I am not longer a participant nor wish to be a part of this group. Please remove me from all email lists, all phone number lists and destroy all my information. Please acknowledge the same.
Then to scare the crap out of them at the bottom of the letter, have them cc: "Mr. Attorney", they need to put in a real name but they do not need to say where or give his/her phone number. That will put whomever on notice that this letter was written under the auspices of an attorney with his/her knowledge.
Now if they have already mailed their currency or given it to a person. They need to do the same thing. Be nice but request its return. Do so first over a phone or by email. If they do not get a favorable reply then they need to do it in writing sent via certified mail by making formal demand.
At that point if the currency is still not returned then they need to engage a real attorney and have that attorney contact the party and make a demand. Attorneys cannot threaten but they can inspire let me say it that way. I can not threaten I can say, "Mr Scam Artist" you have in your possession assets that belong to my client - my client has been nice and requested the same back.
You have not been forthcoming so I am making formal demand and you have 48 hours or 72 hours to comply or my client will consider other remedies to acquire repossession of the property.
Honestly that ought to be enough. These folks do not have a leg to stand on because they have made false representations and had not fully disclosed.
Hope this all helps in some way. Just have your friends draw a line in the sand. Hopefully they have not given their currency to anyone.
*************
DAZ: TS NEVER A BAD IDEA TO ATTEMPT TO RESCIND A SIGNATURE IF THERE ARE GROUNDS AND DESIRE TO DO SO.
IF A CONTRACT HAS BEEN SIGNED IT SEEMS IT WOULD REMAIN EFFECTIVE UNTIL SOME DOCUMENTED AND VERIFIABLE ACTION WAS TAKEN AND INTENT WAS DISPLAYED.
JUST KEEPING THE CURRENCY AND IGNORING THE CONTRACTUAL OBLIGATIONS PUTS THAT PARTY AT RISK DUE TO BREACH OF CONTRACT. THERE ARE ACTIONABLE CAUSES TO BRING SUIT AND CLAIM FOR ANY BREACH OF CONTRACT WITH SPECIFIC PENALTIES FOR DAMAGES BECAUSE OF THE BREACH.
THE DAMAGED PARTY WILL HAVE TO SHOW CAUSE AND BRING A CLAIM TO RECOVER ANY DAMAGES AND IN THIS SITUATION THAT MAY BE A LITTLE LESS LIKELY BUT THERES STILL A SIGNIFICANT FINANCIAL MOTIVATION FOR THEM TO DO THAT POST RV.
SO I AGREE....KEEP YOUR CURRENCY BUT...CONSIDER TAKING DEFINITIVE DOCUMENTED ACTION TO CANCEL/RESCIND IF POSSIBLE.
THIS IS NOT LEGAL ADVICE BUT IT MAKES SENSE TO ME UNTIL I CAN SEE IT DOESN’T
Most states have laws that allow you to cancel written contracts covering the purchase of certain goods or services within a few days of signing. Many states have laws that allow you to cancel contracts for health club memberships, dating services, weight loss programs, dance or martial arts lessons, time share properties, and hearing aids. Call your state consumer protection AND OR AN ATTORNEY!
THERE IS ALSO RESCISSION...
In the case of rescission, each party is required only to do what is necessary to put the other party in the same position that he would have been in if the contract had never been signed in the first place.
Check to see if the contract has consideration ("consideration" is a legal term). A contract has consideration only if both parties offer something to the other, even if only a promise. A promise to give a gift, for example, is not an enforceable contract unless the other party gave or promised something of value in return for it. The amount of consideration is unimportant--a contract to sell a car for one dollar is not lacking in consideration.
Determine if the other party made any misrepresentations to you that are so serious that you wouldn't have signed the contract if you had known the truth. Although it is best to have documentary evidence of the misrepresentation, you may consider rescinding the contract even if the only evidence you have is your own memory.
Deliver a written notice to the other party by registered mail stating your intention to rescind the contract and explaining the reasons why. If you discovered several grounds for rescission, list them all. You should also demand that the other party perform whatever action is necessary to restore you to the position you were in before you signed the contract--if you paid a deposit, for example, the deposit should be returned.
Return to the other party anything that is rightfully his--if you purchased goods, for example, you will need to return the goods.
Address your letter to the other party with the address provided in the notice provision of your contract. In the subject line, state, "letter to rescind." In the introductory paragraph of your letter, state when and where you signed the contract, your contact information, the subject matter of the contract and any other information that will help the other party identify you.
In your second paragraph, state why you wish to rescind the agreement. For example, state that you have changed your mind about the agreement or you wish to rescind and why
Let the other party know how to contact you if she accepts your offer to rescind. Send your letter by certified mail, especially if the rescission period is time-sensitive. Additionally, you should make a copy of the contract and attach it to your letter as a reference point.
SAVE A COPY FOR YOURSELF! AND RECEIPT OF SENDING CERTIFIED MAIL!
**********
Clutch: Forget all this! Just don't send the currency, keep it in your possession. If you already sent it then you can complete this common phrase..."Grab your ankles and kiss .... ... Goodbye!"
***********
OK ROCKS: Listen there are some who did this and I care about what happens to them! yes all have been warned so many times ....yet it happens!
I just want to help those who are now awake and realize the error of their ways!
I did email an atty friend and got pretty much the same answer I stated above....
This is it: As along as they still have their currency they are ok and in my opinion can simply ignore. Or they can rescind by sending a letter to whomever saying:
Please accept this as "NOTICE" I am not longer a participant nor wish to be a part of this group. Please remove me from all email lists, all phone number lists and destroy all my information. Please acknowledge the same.
Then to scare the crap out of them at the bottom of the letter, have them cc: "Mr. Attorney", they need to put in a real name but they do not need to say where or give his/her phone number. That will put whomever on notice that this letter was written under the auspices of an attorney with his/her knowledge.
Now if they have already mailed their currency or given it to a person. They need to do the same thing. Be nice but request its return. Do so first over a phone or by email. If they do not get a favorable reply then they need to do it in writing sent via certified mail by making formal demand.
At that point if the currency is still not returned then they need to engage a real attorney and have that attorney contact the party and make a demand. Attorneys cannot threaten but they can inspire let me say it that way. I can not threaten I can say, "Mr Scam Artist" you have in your possession assets that belong to my client - my client has been nice and requested the same back.
You have not been forthcoming so I am making formal demand and you have 48 hours or 72 hours to comply or my client will consider other remedies to acquire repossession of the property.
Honestly that ought to be enough. These folks do not have a leg to stand on because they have made false representations and had not fully disclosed.
Hope this all helps in some way. Just have your friends draw a line in the sand. Hopefully they have not given their currency to anyone.
*************
DAZ: TS NEVER A BAD IDEA TO ATTEMPT TO RESCIND A SIGNATURE IF THERE ARE GROUNDS AND DESIRE TO DO SO.
IF A CONTRACT HAS BEEN SIGNED IT SEEMS IT WOULD REMAIN EFFECTIVE UNTIL SOME DOCUMENTED AND VERIFIABLE ACTION WAS TAKEN AND INTENT WAS DISPLAYED.
JUST KEEPING THE CURRENCY AND IGNORING THE CONTRACTUAL OBLIGATIONS PUTS THAT PARTY AT RISK DUE TO BREACH OF CONTRACT. THERE ARE ACTIONABLE CAUSES TO BRING SUIT AND CLAIM FOR ANY BREACH OF CONTRACT WITH SPECIFIC PENALTIES FOR DAMAGES BECAUSE OF THE BREACH.
THE DAMAGED PARTY WILL HAVE TO SHOW CAUSE AND BRING A CLAIM TO RECOVER ANY DAMAGES AND IN THIS SITUATION THAT MAY BE A LITTLE LESS LIKELY BUT THERES STILL A SIGNIFICANT FINANCIAL MOTIVATION FOR THEM TO DO THAT POST RV.
SO I AGREE....KEEP YOUR CURRENCY BUT...CONSIDER TAKING DEFINITIVE DOCUMENTED ACTION TO CANCEL/RESCIND IF POSSIBLE.
THIS IS NOT LEGAL ADVICE BUT IT MAKES SENSE TO ME UNTIL I CAN SEE IT DOESN’T
Mother : Hey …Daz and Okrocks have given good advice.
I would admonish just be courteous at all times. Do not threaten remain calm, cool, collected and methodical.
Go through the steps to rescind. Honestly, anyone who is doing this to someone is on thin ice already so I am confident they do not want the exposure or entanglements of a lawsuit etc or worse investigation.
Do not threaten, read what Okrocks said above. Be courteous and nice.
Daz has likewise shared wisdom - pay attention.
Bless you all always Mother, Esq
*************
OK Rocks: Thank you Daz & Mother! I appreciate this! We have had members here speak of friends who fell for this and sent in their currency!
It just made me so sick to think of it!
I would admonish just be courteous at all times. Do not threaten remain calm, cool, collected and methodical.
Go through the steps to rescind. Honestly, anyone who is doing this to someone is on thin ice already so I am confident they do not want the exposure or entanglements of a lawsuit etc or worse investigation.
Do not threaten, read what Okrocks said above. Be courteous and nice.
Daz has likewise shared wisdom - pay attention.
Bless you all always Mother, Esq
*************
OK Rocks: Thank you Daz & Mother! I appreciate this! We have had members here speak of friends who fell for this and sent in their currency!
It just made me so sick to think of it!
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