Ask Me Help Desk - Is it too late for legal action?

We joined a travel club in July this year. It sounded like a great way to be able to save at the time. It was one of these "sign today as you will never be invited to join again" deals.
I feel so stupid for having fallen for this. Since then, the company has "closed its membership" and is moving offices. They have been very vague with replies of questions I have asked. I have now done some research (I know... should have done that FIRST) and have found that there have been others who have reported the club to the Better Business Bureau.
I am wondering... is there anything I can do now to cancel our membership and recoup some of the money we've paid? Can I legally put stop payments on the automatic withdrawals that are coming out of my account each month?
I live in Ontario, Canada and would appreciate any input you can give me in regards to the provincial laws and my rights.
Thanks.:(

I would definitely put stop payments on them. How can they legally take payments out if they aren't living up to their side of the deal??
Tell the bank the problem and stop the payments.
Also our local news has a consumer report part where you can make a complaint about a company and usually it ends up getting results of some sort -even if it is so others don't fall for the scams. Try to find others that are in the same boat and file a class action suit.
You can also call the attorney general to find out all your rights, what you can do and file a complaint.
It is worth looking into to make sure if they are doing something illegal!
The problem with this type company is often when they shut down in one place they move to another state under another name and it takes the law to find them to do something.

Quote:

Originally Posted by flossie

We joined a travel club in July this year. It sounded like a great way to be able to save at the time. It was one of these "sign today as you will never be invited to join again" deals.
I feel so stupid for having fallen for this. Since then, the company has "closed its membership" and is moving offices. They have been very vague with replies of questions I have asked. I have now done some research (I know...should have done that FIRST) and have found that there have been others who have reported the club to the Better Business Bureau.
I am wondering...is there anything I can do now to cancel our membership and recoup some of the money we've paid? Can I legally put stop payments on the automatic withdrawls that are coming out of my account each month??
I live in Ontario, Canada and would appreciate any input you can give me in regards to the provincial laws and my rights.
Thanks.:(

In the US if you have a contract you cannot simply stop the automatic payments because you feel there's a significant breach and walk away - they can (and probably will) sue you on the face of the contract and then you would have to defend.

Would you win - ? I don't know if a court would consider closing the membership and moving the offices to be a significant breach of contract on their part, voiding the contract and enabling you to stop payments.

This is a matter of Canadian contract law.

I agree with Judy, you haven't specified any breach of contract. Just some actions that have you concerned. You called this a travel club, what where you supposed to get for your membership?

I would not stop payments unless you can document a breach of contract.

I would say first I would stop the payments, and then let them come to you if they want to try. So at that point, the worst that can happen is they bill you and sue you for not paying them, But beyond stopping paying them, I would sue them for the other part of your money back and let a judge decide.

Again, I do NOT recommend stopping payments. I don't thinkl we have heard enough details to determine whether there are grounds to stop the payments. Maybe if we heard more, then it might be the correct move. But on the basis of what we know now, its not the correct action.

I had attended a bridal show in February this year and the Fun For Life Club called in March to tell me that they wanted to introduce me to a way to save money on travel. I would received a 2 night accommodation voucher for attending to listen to their program.

In July my husband and I finally agreed to attend after they had called a number of times. I figured it couldn't hurt (ha!) and we'd get a weekend away out of it.

Well, once we got their and listened to the presentation which sounded wonderful we were escorted out of a theatre and into a room with a number of tables and chairs. Everyone that was there had a designated sales person at their table with them. They showed us printouts from their website (that we would have access to as paid members) showing incredible discounts for timeshare units and all inclusive vacations.

It sounded great and we wanted to go home and think about it. Here's the kicker... if we didn't join that day, there wouldn't be another opportunity, this was a one time chance... you were not allowed to attend another presentation or call back to join. So under duress, we paid $3400 on a credit card with the balance being withdrawn at$79/mth for 48 months in order to join this "club". For having done this, we were allowed to draw another "prize". It was a weeks accommodation in Mexico.

Once summer was over (we boat in the summer months(not thinking of travelling)) I contacted the club to find out how to redeem our vouchers for the prizes we'd won. I had to leave a voicemail. Coincidentally, I had a message on my phone from the club asking me to return their call but it wasn't for the reason I'd called them. They were offering me the chance to pay off the balance owing! When I called back and spoke to a real person asking about the travel vouchers she told me that I'd have to send them the original voucher (handwritten on the top of these were instructions to fax them). She then told me that a certificate and brochure would be sent to me explaining how to go about booking these trips... but, these certificates and brochures are on back order she said and would be sent as soon as they arrived to the office. I still have the originals, I faxed as per the instructions on the top of the pages. It's now December, nothing has arrived.

This past week we received an email telling us their "exciting news". The club has reached it's maximum membership and now they'll be able to offer us all sorts of new products at discounts too! Whoopee!! NOT! They also notified us that they are moving out of their offices in the 905 area code and gave us a 416 area code to contact them at. I emailed asking for their new address and was told that "they will notify us as soon as they are settled." To me that sounds like there is no new address? I also asked about my certificates and was told that things are in such a disarray at the office they will be sent once they get moved.

I'm losing sleep over this, my stomach is in knots. I really don't want to lose anymore money than we already have. I'd love to find out if there has been a class action suit filed.
Once again... HELP!!

I feel so stupid for falling for this scam and even worse for talking my new husband into agreeing to join. :(

Quote:

Originally Posted by flossie

I had attended a bridal show in February this year and the Fun For Life Club called in March to tell me that they wanted to introduce me to a way to save money on travel. I would received a 2 night accommodation voucher for attending to listen to their program.

In July my husband and I finally agreed to attend after they had called a number of times. I figured it couldn't hurt (ha!) and we'd get a weekend away out of it.

Well, once we got their and listened to the presentation which sounded wonderful we were escorted out of a theatre and into a room with a number of tables and chairs. Everyone that was there had a designated sales person at their table with them. They showed us printouts from their website (that we would have access to as paid members) showing incredible discounts for timeshare units and all inclusive vacations.

It sounded great and we wanted to go home and think about it. Here's the kicker...if we didn't join that day, there wouldn't be another opportunity, this was a one time chance...you were not allowed to attend another presentation or call back to join. So under duress, we paid $3400 on a credit card with the balance being withdrawn at$79/mth for 48 months in order to join this "club". For having done this, we were allowed to draw another "prize". It was a weeks accommodation in Mexico.

Once summer was over (we boat in the summer months(not thinking of travelling)) I contacted the club to find out how to redeem our vouchers for the prizes we'd won. I had to leave a voicemail. Coincidentally, I had a message on my phone from the club asking me to return their call but it wasn't for the reason I'd called them. They were offering me the chance to pay off the balance owing! When I called back and spoke to a real person asking about the travel vouchers she told me that I'd have to send them the original voucher (handwritten on the top of these were instructions to fax them). She then told me that a certificate and brochure would be sent to me explaining how to go about booking these trips...but, these certificates and brochures are on back order she said and would be sent as soon as they arrived to the office. I still have the originals, I faxed as per the instructions on the top of the pages. It's now December, nothing has arrived.

This past week we received an email telling us their "exciting news". The club has reached it's maximum membership and now they'll be able to offer us all sorts of new products at discounts too! Whoopee!!! NOT! They also notified us that they are moving out of their offices in the 905 area code and gave us a 416 area code to contact them at. I emailed asking for their new address and was told that "they will notify us as soon as they are settled." To me that sounds like there is no new address? I also asked about my certificates and was told that things are in such a disarray at the office they will be sent once they get moved.

I'm losing sleep over this, my stomach is in knots. I really don't want to lose anymore money than we already have. I'd love to find out if there has been a class action suit filed.
Once again....HELP!!!!!

I feel so stupid for falling for this scam and even worse for talking my new husband into agreeing to join. :(

I don't think they've breached your contract.

I believe the comment concerning the phone lines and cancelling a contract is a different scenario - this question seems to involve services, however vague, and the phones would appear to involve something more specific and, perhaps, equipment, an easier breach to prove.

I have to agree with Judy, these people seem shady, but they have yet to breach your contract. So, I would go back and re read the contract. See exactly what was promised to you. Then send them a certified, return receipt letter (if you don't have the current address use the previous one) demanding they fulfill the terms of the contract or you will consider them in breach and take appropriate action. If they don't respond then you can stop payments and try to sue for the balance you paid.

I'm not so sure that there's no case here. This could be something called an "anticipatory breach". If the OP is reasonable in thinking that this company is breaching, or about to breach, then she has the right to terminate.

The way to go about it is to send a letter to the company, to the most recent address you have for them, and send the letter by certified mail with a copy by regular mail. In the letter you tell them that you have requested information from them in order to use the services you've paid for but they haven't provided you with any information after several months. Then tell them that, if they don't provide the information and the opportunity for you to use the services you paid for within 10 business days you will consider that they have breached the contract and you will take appropriate action, including notification to your credit card company.

If you don't hear from them within the 10 business days, then I would stop the automatic payments and also notify the credit card company that you want the original charge charged back.

Quote:

Originally Posted by LisaB4657

I'm not so sure that there's no case here. This could be something called an "anticipatory breach". If the OP is reasonable in thinking that this company is breaching, or about to breach, then she has the right to terminate.

The way to go about it is to send a letter to the company, to the most recent address you have for them, and send the letter by certified mail with a copy by regular mail. In the letter you tell them that you have requested information from them in order to use the services you've paid for but they haven't provided you with any information after several months. Then tell them that, if they don't provide the information and the opportunity for you to use the services you paid for within 10 business days you will consider that they have breached the contract and you will take appropriate action, including notification to your credit card company.

If you don't hear from them within the 10 business days, then I would stop the automatic payments and also notify the credit card company that you want the original charge charged back.

When you say to send a letter and take the opportunity to use their services does this mean the poster would have to make definite arrangements for travel/condo? I don't see any other services that are covered by the contract or services which have been denied.

Quote:

Originally Posted by JudyKayTee

When you say to send a letter and take the opportunity to use their services does this mean the poster would have to make definite arrangements for travel/condo? I don't see any other services that are covered by the contract or services which have been denied.

No, she wouldn't have to make definite arrangements. But she previously requested instructions on how to go about making arrangements and she was never provided with those instructions. A reasonable person (the court's standard) might be led to conclude that the company would not make it possible for her to make travel arrangements if they haven't even provided her with the information on how to do so. That's what is meant by an anticipatory breach.

Lisa is saying pretty much what I said. Before you can stop payments you need to establish a breach. You do that by making a formal, documented request for the services you contracted for.

Thanks! I will prepare a letter and send them a registered copy as well as one in regular mail. I will keep you posted.