Ask Experts Questions for FREE Help !
Ask
    russharv63's Avatar
    russharv63 Posts: 65, Reputation: 1
    Junior Member
     
    #1

    Oct 24, 2015, 08:51 AM
    How should I respond to a breach of contract notice reply?
    I sent a breach of contract notice to a unemployment benefits representative business that I found on the internet. I paid $400.00 for a unemployment representative to help my wife with her unemployment appeal. We live in Virginia and the business is based in Pennsylvania. The representative did not do her job correctly when helping my wife with her appeal. She committed procedure errors that ended up with her not getting the transcripts of the appeal examiner's hearing. Without them the representative could not write a written argument. Ask a result my wife stood no chance of winning her appeal. So I sent a breach of contract notice to the business without asking for any compensatory damages yet. I gave them 30 days. They sent me a check for $400.00 which covers the cost of their service. I have not wrote back and accepted this amount as a settlement. I just got the check a few days ago. I want to ask for a lot more than $400.00. I want to ask for the full amount of my wife's unemployment benefits which she stood a better chance of getting with a competent representative. The amount I am talking about is $4,070.00. We did not just suffer a loss of $400.00 but also a loss of her not getting her unemployment benefits. How should I respond? Is their a legal document that I should send the business asking for the $4,070.00? What should I say in response to the their letter and a check for $400.00? Should I send the $400.00 check back with my response?
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #2

    Oct 24, 2015, 09:11 AM
    To get anything beyond a refund then you are most likely going to need a lawyer. Your question is impossible to answer without seeing all the documentation involved. You may have signed or agreed to something that your not aware of. You may at this time only have been entitled to a refund and not damages. There is no way of knowing.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #3

    Oct 24, 2015, 09:55 AM
    I don't think you have ANY chance of collecting that full amount because there was no guarantee she would have even gotten it had errors not been made and even then maybe at a reduced amount.

    Also... errors do not qualify as breach of contract, even the best places (in any field) make errors from time to time.. They did refund what you paid, and quickly... and to get more you are going to likely spend a LOT more in legal fees than its worth. And might cost you money you will never get back.

    I do know first hand West Virginia does have some rather different ways of doing things than neighboring states do. (Both of them were old stomping grounds of mine)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Oct 24, 2015, 10:06 AM
    Over and above the issue of liability for the $4,070.00, OP's wife would also have to prove that she would have received the full $4,070.00 If she becomes employed again in the near future, she wouldn't have received that anyway.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Oct 24, 2015, 03:50 PM
    Breach of contract means that one party to the contract did not perform as per the terms of the contract. Have you read the contract carefully? It doesn't sound like a breach but more like malpractice. And that would only exist if you can prove that the firm acted with incompetence.

    Frankly, I think you got lucky to get a refund. Without seeing the contract and understanding the terms we can't even guess whether you have any sort of a case or not.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,278, Reputation: 7690
    Expert
     
    #6

    Oct 24, 2015, 11:29 PM
    They are only liable for the amount of the Contract, now your wife's unemployment. Which may or may not have been won.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Seller breach of contract for contract for deed [ 12 Answers ]

We have a contract for deed created by a real estate lawyer, signed and notarized. We are in year 11 of 15 years on the contract. We have never been late and pay all property taxes and insurance on the house since day 1 of the contract. The Sellers are getting a divorce. The Sellers lawyers are...

Breach of Contract [ 4 Answers ]

On the tenant behalf... what is the right of... when the owner does the breaching? This is a lease 2 contract... (lease to option purchase)... where the owner is requesting the home back to rezide in himself... can this be considered a breach, and what are the (if there is) legal reclaims for...

Breach of contract [ 2 Answers ]

What if your tenant breach the contract by letting unauthorized occupants stay on the premise, what are your rights as a Landlord?

Breach of Contract [ 6 Answers ]

Hi, I have question to ask, I signed my lease for a certain amount, and I received a note saying that I owed money, when I went to go see what my note was about, they raised my rent and said they made a mistake on my original lease agreement, when I asked to see a copy of my lease agreement they...

Breach of contract [ 15 Answers ]

Greetings, My daughter is 14 and has been raised Catholic since birth. She now lives with me and goes to a Catholic school for girls. I had applied for a scholarship for the school and it asked what church we are members of. I named the parish and everything was fine. The due date to turn in...


View more questions Search