In small claims court how much can you sue for pain and suffering in the state of Fl.
I was looking for a program where my son would learn responsibility, respect and self confidence. I spoke to a retired police officer, who suggested a Jiu Jitsu class. I found three locations. I selected the one which was the closes to me.
On or about September 7, 2011, my son and I went to the location; the internet showed that they gave a free session. I talked to my son and asked him if he would like to try it and he said yes, we went and met with the owner and manager, I told him that my son was interested in the Jiu Jitsu class, he introduce my son to the group and the class went on.
After the class was over my son told me that he liked it. I talked to the owner about the cost of the program; he told me that the cost was $100.00 registration fee and $100.00 + tax monthly fee. The program was a combination of Mixed Martial Arts (MMA), Jiu Jitsu, Wrestling and Muay Thai. I told him that was great and asked if he planned to move any time soon since I was going to invest my time and money. I want to make sure I was not wasting my time or his; he told me that he had no plans to move.
On or about September 7, 2011, I signed a one year contract with Bogus Martial Arts, he told me that the registration and first month's fees could be paid by check and that future payments needed to be scheduled electronic payments. I agreed to this request and advised that I would give him the banking information the next day.
The next day I send $180.00 (military discount) cash with my daughter. He gave her a regular receipt for the money but failed to provide me with a copy of the contract. Everything was going well and I forgot to ask for it. On September 22, 2011, my son told me that the manager advised him they would be closing the program that weekend and moving to a new location. I thought he was joking, the following Tuesday (September 27) I took my son to the location and I saw a message on the window saying that they moved, at this point I was upset because the owner told me that he was not going anywhere any time soon. I confronted him about this, he told me that it was only seven miles from the old place and as long it was within a 25 miles radius he could do that, plus the rent was less and closer to his home. I told him that was unacceptable because I made it perfectly clear that distance was a problem for me.
I asked him for a copy of the contract to see where in the contract it states that he could to that, he told me that he sent it to his finance people, I asked him for the number because I wanted to close the account due to a breach in contract/promise.
On September 28, 2011, I called his finance company and I told them that I wanted to close my account, they asked why? I told them because I felt there was a breech in the contract when they moved to the new location further from my home. The customer service representative (CSR) told me that as long they were within a 25 miles radius they could do that and if I wished to close the account I would have to pay 80% of the remaining balance. At this point I was furious, I felt like they took me to the cleaners, I told them thanks for nothing and I hung up the telephone.
On October 4, 2011, I left my home around 5pm since the class didn't start until 6pm, it took me 45 minutes to get to the new location. (rush hour traffic) by that time my son was tired and upset for the distance that we had to travel to get there, an hour later he comes out telling me lets go because they're doing wrestling and he doesn't like it. From the beginning we only attended the classes on Tuesdays and Thursdays because those days they had MMA and Jiu Jitsu. I went inside and I asked the owner for a copy of a blank contract and he refuses to give it to me. On the way home my son tells me that the class is not fun and he doesn't like the classes anymore. October 4, was the last time my son attended.
On March 13, 2012, I called the finance company. Customer service to close the account; they charged me $535.00 which was 80% of the course fee to close the account. I asked the CSR for a copy of my contract and a copy of my last payment. The CSR told me to send them a letter requesting a copy of my contract and for a receipt of my last payment which I sent. As of 10/8/12 I have not received the contract or the payment receipt.
On September 1, 2012, they.withdrew $107.00 from my bank account.
On September 29, 2012, my wife put a stop on the account to prevent any more withdrawals. The bank charged us $35.00 to do it.
On October 2, 2012, I called the finance company. Customer service to have them refund the $107.00 and they told me that the account was still open after I paid the 80% back in March 2012.
The CSR informed me that they had not received any letter and if I don't pay October's fee they will send the account into collection. I do not understand why I paid the 80% to close the account back in March and now I am advised that the account was never closed. I have good credit to allow these two entities to ruin it.
I have had enough with the abuse and bad customer service from them. Therefore I'm asking for my money back in the amount of $1,464.00 minus registration fee and first month, plus $35.00 to put a stop to the account. Leaving a balance of $1, 319.00 and $3,000.00 for pain and suffering.
I am a retired military suffering from Post Traumatic Stress Disorder and severe depresion to be dealing with this abuse, What can I do?