Today i cancelled the CW Post Center for my ceremony bc FI and i have decided to get married at the hall. Well they are only refunding me 50%. The contract DOES say that they are entitled to 50% if cancelled up to 2 wksprior to event. I contacted my lawyer and he thinks i can take them to small claims court. Can i win? What rights do they have to legally keep my money if they have over 7 MONTHS to rebook and then take someones elses $ too?
HELP
nov04LIbride
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Re: Any lawyers out there
I'm not a lawyer, but what grounds do you have to take them to court if the contract says cancelling when you did, you are responsible for 50%? Many contracts say responsible for 50% (or whatever percent) if the hall or location is NOT rebooked, but if that isn't mentioned, it looks like they've covered it so that they can collect both if rebooked.
ETA: Or are they entitled to 50% if you cancel 2 weeks or less before the event?
conigs25
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Re: Any lawyers out there
Posted by nov04LIbride
I'm not a lawyer, but what grounds do you have to take them to court if the contract says cancelling when you did, you are responsible for 50%? Many contracts say responsible for 50% (or whatever percent) if the hall or location is NOT rebooked, but if that isn't mentioned, it looks like they've covered it so that they can collect both if rebooked.
ETA: Or are they entitled to 50% if you cancel 2 weeks or less before the event?
I know and what right do they have to take 2 monies if only ONE is using the center My lawyer thinks i have a claim and i was wondering f other lawyers thought the same
Laura&Phil
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Re: Any lawyers out there
I'm only a legal assistant and we don't deal with contacts but....
They should have given the money back. I'd talk to them and explain that they have 7 months and the contract only states keeping the money if 2 weeks...blah, blah....
Based on your contract- they don't have the right at all. The problem is this- it may (and probably will) cost you more to sue than you gave them (tho I don't know how much you gave them!). That's how they'll get away with it. Maybe your lawyer can include legal fees in the claim to make it worth it but if on some fluke you don't win it'll be a problem. Plus, the fees may push you out of small claims territory-I forget the cap on small claims.
Tell them that you'll sue if you have to on principle (or you have a relative who'll do it for free) and try to contact someone at the college too. I'm surprised they would do that...sorry to hear about it.
Good luck and let us know how it works out!
Laura&Phil
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Re: Any lawyers out there
Wait, I just read what's above- does the contract say that they get the 50% is you cancel anytime up until 2 weeks or if you cancel within the 2 week time frame.
If it says up until the 2 weeks I personally wouldn't sue but you probably could. Honestly, it's not worth it unless you shelled out a few thou. Filing fees can get up to $500 and then there are the legal fees....it can get high and more than you are loosing.
lcherian
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Re: Any lawyers out there
what does the exact wording of the contract say? it sounds like the clause states that if you cancel 2 weeks or less prior to the date then they are entitled to the money. here, you are cancelling more than 2 weeks prior to the date, so i think you have a claim (but again depends on the exact wording of the clause).
if you take it to court, the judge will construe ambiguities in the contract against the drafter. if the judge thinks the contract can be interpreted as the way that i stated earlier, he should enter a judgment for you.
i hope that makes sense.
103005FallBride
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Re: Any lawyers out there
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
nov04LIbride
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Re: Any lawyers out there
Posted by 103005FallBride
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
That's how I interpreted it too.
lcherian
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Re: Any lawyers out there
Posted by 103005FallBride
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
ya that probably makes more sense!
ChrissynRicky
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Re: Any lawyers out there
Posted by 103005FallBride
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
I'm in agreement.
If you cancel from the second you sign the contract until two weeks before the date, you are entitled to receive 50% back.
If you cancel two weeks or after you will not receive anything.
Did you see this when you signed? I honestly (unfortunately) think they are covered and since it's stated clearly in the contract you will only get 50% back.
conigs25
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Re: Any lawyers out there
Posted by 103005FallBride
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
That was a rather rude way to put it dont you think? Im obviously looking for professional advice and SOL isnt very professional. Im not trying to be mean, Im just upset right now and that bothered me alittle
mbm750
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Re: Any lawyers out there
I have to ask, why does your lawyer think you have a claim? And from your posts, you don't seem particularly confidant in his or her analysis - why's that? Does something seem off to you?
suven
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Re: Any lawyers out there
Posted by conigs25
Posted by 103005FallBride
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
That was a rather rude way to put it dont you think? Im obviously looking for professional advice and SOL isnt very professional. Im not trying to be mean, Im just upset right now and that bothered me alittle
It really wasn't rude. I'm not trying to be mean, but you seem to behave this way whenever anyone gives you an answer that you don't like.
Also, LIW BHB may not be the best place to look for 'professional advice'
Laura&Phil
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Re: Any lawyers out there
Posted by ChristineAE
Posted by 103005FallBride
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
I'm in agreement.
If you cancel from the second you sign the contract until two weeks before the date, you are entitled to receive 50% back.
If you cancel two weeks or after you will not receive anything.
Did you see this when you signed? I honestly (unfortunately) think they are covered and since it's stated clearly in the contract you will only get 50% back.
I think Christine said what I was trying to but said it much better!! If that's the way it is, then you are prob out that money. Technically, your lawyer may want to sue to get money for themselves (I don't know your lawyer so he/she may not be like that). Even if you could fight it, like I said above, it's prob not worth it.
Either way, it ***** b/c I'm sure that they will rebook with 7 months to go...maybe you can ask them if they rebook can you get some money back? Write to the school and plead your case...
having the ceremony at the hall saves on limos tho! so that's something! I wish FH let us do that!
ChrissynRicky
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Re: Any lawyers out there
Posted by suven
Posted by conigs25
Posted by 103005FallBride
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
That was a rather rude way to put it dont you think? Im obviously looking for professional advice and SOL isnt very professional. Im not trying to be mean, Im just upset right now and that bothered me alittle
It really wasn't rude. I'm not trying to be mean, but you seem to behave this way whenever anyone gives you an answer that you don't like.
Also, LIW BHB may not be the best place to look for 'professional advice'
I agree completely.
We have to each learn how not to 'lash' out on others and take things to heart when it's obvious we're all here trying to HELP one another - not HURT one another.
conigs25
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Re: Any lawyers out there
Posted by mbm750
I have to ask, why does your lawyer think you have a claim? And from your posts, you don't seem particularly confidant in his or her analysis - why's that? Does something seem off to you?
Oh no, just looking for 2nd opinions is all
conigs25
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Re: Any lawyers out there
Posted by suven
Posted by conigs25
Posted by 103005FallBride
From what you wrote...it sounds like if you cancel 2 wks prior you get 50% of your deposit back....
If you cancel 2 wks to the day you get zip.
Sounds like you're s.o.l. to me...
That was a rather rude way to put it dont you think? Im obviously looking for professional advice and SOL isnt very professional. Im not trying to be mean, Im just upset right now and that bothered me alittle
It really wasn't rude. I'm not trying to be mean, but you seem to behave this way whenever anyone gives you an answer that you don't like.
Also, LIW BHB may not be the best place to look for 'professional advice'
Listen Im not gonna cause problems. I need some PROFESSIONAL advice. Besides that- i have nothing to say.
If any lawyers are out there, please FM me w/ thoughts,suggestions
Thanks everyone. And 103005FallBride thanks for the FM
