Cindy from Ontario emailed me last week. The subject was very surprising. “They stole my COAT!!” Well I certainly felt that help was needed.
So here is what happened. Cindy was out during an office Christmas party. The group of revelers went to a club district establishment, to sew the night together with a few night caps. The club required all coats be checked into their coat check. Cindy gleefully complied, handed over a couple dollars, her jacket, and received her claim ticket.
When the night was over, Cindy went to collect her coat. After standing in line for a few minutes, she handed over her ticket. Some surly overworked, underpaid staff member said.
“We can’t find it; you need to wait till all the other coats are gone. Someone will bring it back”.
After nearly an hour of waiting, and being the last “civilians” in the joint, no coat. Cindy asked very nicely, “Where is my coat, and when will I get it back?”
The manager was called and he advised that she return the next day. Cindy returned the following day. No luck. Her jacket was still missing. The manager explained to Cindy, that their policy is clear; they are not responsible for lost or stolen goods. So they will keep her number on file and if a jacket is returned they will call her. Other then that, she is out of luck... So she thought.
That’s why Cindy asked for my help.
Cindy, you do have a right to be compensated by the club. You contracted with them to hold your coat, until the end of the night. This is called a bailment. In Ontario if the club takes your coat, and then damages or loses it, they need to prove that they were not negligent, or at fault. Otherwise they are responsible for the replacement value.
In some locations there is a set value for lost items under certain bailment conditions. This is called a capped liability, or statutory maximum, say $200 or $300. The general principle is the same. You let your coat with someone who says they will take care of it, and they don't, you may have recourse.
The clubs policy, or “disclaimer” does not mean they are not responsible. You had an expectation that your coat would be there. You paid for the service, and they need to honour it. The biggest problem in a situation like this is convincing the club they are responsible. They will stand fast behind their policy because they just dont know any better.
So Cindy, I have written a letter on your behalf to the club, outlining the facts, in a very straightforward, and polite way. We have asked for the replacement value. To show what I asked for is reasonable, I found a few types of this jacket on eBay, and have used those prices as a ball park.
After a few phone calls back and forth, the club agreed to pay up to a maximum of $200 for a replacement to be bought. The club was very stubborn at first about their very clear policy. I asked if they could show, even in a convincing manner that it was not their fault.
I asked them to review the security tapes from the coat check area and then they realized my argument was solid. Unless they could prove they did not make a mistake, I was not going to leave them alone.
In the end Cindy decided to buy a new coat, and the club honoured their agreement and gave Cindy $200 towards the purchase.
There are times when a disclaimer does not apply. There are times that it does apply.
If the company has total control of a situation, then a general disclaimer usually won’t work.
When you pay for something to be done, and they fail, a general disclaimer wont usually work.
When you are entitled to have something replaced, it is the replacement value, not brand new. Try to work with those that you feel are responsible in a respectful and polite tone. And always remember. A well written letter can be a saving grace.
Copyright © 2009 Peter MacSweeney. All rights reserved. Reproduction in whole or in part without the express written consent of the author is forbidden. Contact the author through the comment form for all inquiries, including media.
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Monday, February 02, 2009
Sunday, February 01, 2009
The Deposit.
We have all been through it. Going shopping, seeing something we like, and then putting down a deposit. And just like Dan, sometimes there is a problem with the deposit.
Dan went to buy a couch from a shop in Detroit. After looking around, a sales agent approached him and showed him a display model on sale. After some thinking, and taking a few photos with his cell phone, Dan asked for the couch to be put on hold.
'Our policy is to take a deposit for all layaway's”. The sales agent says.
“$50 should do it. Let me get the paperwork”.
Sounds reasonable. Dan hands over cash for the deposit, and signs some piece of paper, that he thinks is a receipt.
Dan gets home and shows his wife the photos. She hates the colour, and the style of the pillows. She mumbles something about their style being more of a baroque, instead of neoclassic, or something like that.
Dan goes back to the store, tracks down the sales agent, and explains he just received a lecture on interior design styles. The couch is not suitable. He asks for his deposit back.
That’s when it all falls apart.
The agents explains to Dan that the deposit is non-refundable, however it can be used towards another couch. The agent points to a small bit of writing at the bottom of the receipt. Looks like Dan got hooked into signing something he did not intend or understand.
Dan asked for my help.
So Dan, here is how you would get your deposit back.
Make some notes about what happened when you went into the store. Be specific. What was asked, answered and said. It is important that you have your facts straight. Crisp and clear.
Contact the General Manager of the store, and explain to him/her that had the sales agent properly informed you this was a non-refundable deposit, you would not have placed it. You must establish a "but for". Show the cause and affect, and show how the affect would have been different with a different cause.
The key here is to show that the sales agent made the error, and without the error you would not have made the deposit. If the store was not clear in their deposit policy, and the staff knew you did not understand the policy, you are entitled to it being returned.
If the manager is being uncooperative, then contact the store headquarters. Ask for the regional manager and explain the issue. If the store is locally owned, and not part of a national chain, then ask for the owners.
Should you still get no response, put your issue in writing, and mail it to the store’s address, attention owners. Keep your letter brief, and ask for a deadline to have the money returned. At this point it is probably worth your while to file a complaint with the Attorney Generals Office.
In the U.S. the majority of States' Attorney General Office, has a Consumer Complaints Division. They will take formal complaints from citizens who feel they have been wronged. Google your state, with the words Attorney General. Go to the Consumer section. You should see where to file a complaint.
Ultimately Dan you could go to small claims court.
I contacted the store on behalf of Dan, and was able to get the money refunded. The store also assured me that they will change the policy on how deposits are taken to avoid confusion.
Before you give a deposit, make sure you understand the terms. Do not sign something without reading it. Give the store a chance to fix their issues by being calm and polite. And finally a well written letter can be a saving grace.
Copyright © 2009 Peter MacSweeney. All rights reserved. Reproduction in whole or in part without the express written consent of the author is forbidden. Contact the author through the comment form for all inquiries, including media.
Please Click Here to Read More..
Dan went to buy a couch from a shop in Detroit. After looking around, a sales agent approached him and showed him a display model on sale. After some thinking, and taking a few photos with his cell phone, Dan asked for the couch to be put on hold.
'Our policy is to take a deposit for all layaway's”. The sales agent says.
“$50 should do it. Let me get the paperwork”.
Sounds reasonable. Dan hands over cash for the deposit, and signs some piece of paper, that he thinks is a receipt.
Dan gets home and shows his wife the photos. She hates the colour, and the style of the pillows. She mumbles something about their style being more of a baroque, instead of neoclassic, or something like that.
Dan goes back to the store, tracks down the sales agent, and explains he just received a lecture on interior design styles. The couch is not suitable. He asks for his deposit back.
That’s when it all falls apart.
The agents explains to Dan that the deposit is non-refundable, however it can be used towards another couch. The agent points to a small bit of writing at the bottom of the receipt. Looks like Dan got hooked into signing something he did not intend or understand.
Dan asked for my help.
So Dan, here is how you would get your deposit back.
Make some notes about what happened when you went into the store. Be specific. What was asked, answered and said. It is important that you have your facts straight. Crisp and clear.
Contact the General Manager of the store, and explain to him/her that had the sales agent properly informed you this was a non-refundable deposit, you would not have placed it. You must establish a "but for". Show the cause and affect, and show how the affect would have been different with a different cause.
The key here is to show that the sales agent made the error, and without the error you would not have made the deposit. If the store was not clear in their deposit policy, and the staff knew you did not understand the policy, you are entitled to it being returned.
If the manager is being uncooperative, then contact the store headquarters. Ask for the regional manager and explain the issue. If the store is locally owned, and not part of a national chain, then ask for the owners.
Should you still get no response, put your issue in writing, and mail it to the store’s address, attention owners. Keep your letter brief, and ask for a deadline to have the money returned. At this point it is probably worth your while to file a complaint with the Attorney Generals Office.
In the U.S. the majority of States' Attorney General Office, has a Consumer Complaints Division. They will take formal complaints from citizens who feel they have been wronged. Google your state, with the words Attorney General. Go to the Consumer section. You should see where to file a complaint.
Ultimately Dan you could go to small claims court.
I contacted the store on behalf of Dan, and was able to get the money refunded. The store also assured me that they will change the policy on how deposits are taken to avoid confusion.
Before you give a deposit, make sure you understand the terms. Do not sign something without reading it. Give the store a chance to fix their issues by being calm and polite. And finally a well written letter can be a saving grace.
Copyright © 2009 Peter MacSweeney. All rights reserved. Reproduction in whole or in part without the express written consent of the author is forbidden. Contact the author through the comment form for all inquiries, including media.
Please Click Here to Read More..
Friday, January 30, 2009
Verbal Contracts and Bartering.
The times have been hard for Ben, a single father in Toronto. He can't afford to pay for his daughters piano lessons anymore. He approaches her teacher. “I will fix your computer if you teach my daughter piano.”
The teacher replies, “Cash is better for me, but my computer does need some work, so O.K.”.
Straight forward enough? Unfortunately it's not.
Verbal contracts are at risk of being misinterpreted. When there is a verbal exchange of promises, it is critical that both people are on the same page. To do that both need to be clear and concise.
Ben has made an offer to exchange services. A great idea given the times. But what he has offered may be different than what piano teacher expects. Does Ben have to buy all the computer parts that may be broken? What if the computer can't be fixed despite his best efforts? How many lessons are included?
Verbal contracts are enforceable in many circumstances. You can sue someone for breaching a verbal contract. But to sue someone, and win, you need to prove your case. To prove your case you need to convince the judge that what you are claiming is what happened. Ultimately the judge needs to be convinced that both people had an agreement. Therefore protection all starts at the time of the agreement.
Here are the things you should do when you are agreeing to something verbally. This will help make things clear for both parties. Should you be in a situation where this ends up in court, you make it easier for the judge to agree with the facts.
Think, ask, agree and follow up.
Think. Think about what you want. It may sound obvious, but most people don’t think about what they want. They allow the offer to drive the bargain, rather than what they want to drive the bargain.
In Ben's case, he wanted lessons for his daughter. So he should think about that and build on it. How many lessons, and for how long? Now he has a rough idea of the value, and can present a barter offer that is fair and balanced.
Ask. Ben did not ask what the teacher needed for her computer. He just threw out the computer offer. When the teacher agreed, he did not ask about limits. He did not clarify. Asking before agreeing will bring the clarity. Try to make sure that there is an “end” to the offer. 10 lessons, for 10 hours of computer repair.
Agree. Once the basic elements are understood, then agree. When you are agreeing, repeat the basic elements. While shaking the other persons hand simply sum up the key points. Always look the other person in the eye, with a smile. That will show sincerity, and demonstrate you are both on the same page.
Follow-up. Finally, follow-up. Sending an email to confirm what was agreed is always a great idea. But if email is not an option, a phone call is fine. In your follow-up make sure you point out that if there are questions or problems to let you know. That offer of clarity can help significantly if this agreement goes south.
Now you have an agreement. The facts are clear, the obligations are clear, and should this end up in court, your complaint will be clear.
So the next time you are going to barter or exchange, THINK, ASK, AGREE and FOLLOW-UP.
Happy bartering.
Copyright © 2009 Peter MacSweeney. All rights reserved. Reproduction in whole or in part without the express written consent of the author is forbidden. Contact the author through the comment form for all inquiries, including media.
Please Click Here to Read More..
The teacher replies, “Cash is better for me, but my computer does need some work, so O.K.”.
Straight forward enough? Unfortunately it's not.
Verbal contracts are at risk of being misinterpreted. When there is a verbal exchange of promises, it is critical that both people are on the same page. To do that both need to be clear and concise.
Ben has made an offer to exchange services. A great idea given the times. But what he has offered may be different than what piano teacher expects. Does Ben have to buy all the computer parts that may be broken? What if the computer can't be fixed despite his best efforts? How many lessons are included?
The devil is in the details.
Verbal contracts are enforceable in many circumstances. You can sue someone for breaching a verbal contract. But to sue someone, and win, you need to prove your case. To prove your case you need to convince the judge that what you are claiming is what happened. Ultimately the judge needs to be convinced that both people had an agreement. Therefore protection all starts at the time of the agreement.
Here are the things you should do when you are agreeing to something verbally. This will help make things clear for both parties. Should you be in a situation where this ends up in court, you make it easier for the judge to agree with the facts.
Think, ask, agree and follow up.
Think. Think about what you want. It may sound obvious, but most people don’t think about what they want. They allow the offer to drive the bargain, rather than what they want to drive the bargain.
In Ben's case, he wanted lessons for his daughter. So he should think about that and build on it. How many lessons, and for how long? Now he has a rough idea of the value, and can present a barter offer that is fair and balanced.
Ask. Ben did not ask what the teacher needed for her computer. He just threw out the computer offer. When the teacher agreed, he did not ask about limits. He did not clarify. Asking before agreeing will bring the clarity. Try to make sure that there is an “end” to the offer. 10 lessons, for 10 hours of computer repair.
Agree. Once the basic elements are understood, then agree. When you are agreeing, repeat the basic elements. While shaking the other persons hand simply sum up the key points. Always look the other person in the eye, with a smile. That will show sincerity, and demonstrate you are both on the same page.
Follow-up. Finally, follow-up. Sending an email to confirm what was agreed is always a great idea. But if email is not an option, a phone call is fine. In your follow-up make sure you point out that if there are questions or problems to let you know. That offer of clarity can help significantly if this agreement goes south.
Now you have an agreement. The facts are clear, the obligations are clear, and should this end up in court, your complaint will be clear.
So the next time you are going to barter or exchange, THINK, ASK, AGREE and FOLLOW-UP.
Happy bartering.
Copyright © 2009 Peter MacSweeney. All rights reserved. Reproduction in whole or in part without the express written consent of the author is forbidden. Contact the author through the comment form for all inquiries, including media.
Please Click Here to Read More..
Thursday, January 01, 2009
WELCOME READERS
Thank you for responding to my marketing campaign.
This blog is a very frequently updated series of articles, and posts that deal with every day legal issues.
The reason I invested in a marketing campaign was to get my message out. The information contained in here will help you negotiate, help you spot problems in a contract, and help you handle disputes.
If you need immediate legal help or information you can use the link at the bottom, or on the right sidebar.
Between 10-50 lawyers are online from all over the US, Canada, UK and Australia to answer your particular questions. You will have a response within minutes. Please remember to include your State/Province/Country in your question for quicker response.
If you want a specific topic covered let me know. If you need help dealing with a company or a problem let me know.
There is none!
I am writing a book, of which this blog is a sample of my style and the content. This is advanced out of pocket marketing. More visitors too my blog will mean more buyers of my book. In addition I can also be hired for consulting, or custom writing and speaking engagements.
As a start read this post about verbal contracts and bartering. After that you can subscribe to get the posts sent to you via email.
I look forward to providing you with free, informative and clear articles that will help you and your family every day!
Copyright © 2009 Peter MacSweeney. All rights reserved. Reproduction in whole or in part without the express written consent of the author is forbidden. Contact the author through the comment form for all inquiries, including media.
Please Click Here to Read More..
This blog is a very frequently updated series of articles, and posts that deal with every day legal issues.
The reason I invested in a marketing campaign was to get my message out. The information contained in here will help you negotiate, help you spot problems in a contract, and help you handle disputes.
If you need immediate legal help or information you can use the link at the bottom, or on the right sidebar.
Between 10-50 lawyers are online from all over the US, Canada, UK and Australia to answer your particular questions. You will have a response within minutes. Please remember to include your State/Province/Country in your question for quicker response.
If you want a specific topic covered let me know. If you need help dealing with a company or a problem let me know.
Whats the catch?
There is none!
I am writing a book, of which this blog is a sample of my style and the content. This is advanced out of pocket marketing. More visitors too my blog will mean more buyers of my book. In addition I can also be hired for consulting, or custom writing and speaking engagements.
As a start read this post about verbal contracts and bartering. After that you can subscribe to get the posts sent to you via email.
I look forward to providing you with free, informative and clear articles that will help you and your family every day!
Copyright © 2009 Peter MacSweeney. All rights reserved. Reproduction in whole or in part without the express written consent of the author is forbidden. Contact the author through the comment form for all inquiries, including media.
Ask Your Legal Question Now. Response in MINUTES.
Please Click Here to Read More..
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