|
Hot Ticket-----Holder
Mr. P was a season ticket holder for a local sports franchise. In order to reserve his seats for the upcoming season, he was required to remit $1500 or establish a payment plan by the season ticket renewal deadline date. Mr. P established a payment plan prior to the renewal deadline and had remitted $1000 of the $1500 via credit card according to the terms of his payment plan. He allegedly remitted the remaining $500 in cash as a lump sum payment. Subsequently, Mr. P was notified by the team that his account was delinquent and that his tickets for next season were no longer available. Feeling like he had been counted out before the season even started, Mr. P. requested that the team refund his money. The team stood behind their no refund policy regarding delinquent accounts. At crunch time, Mr. P contacted the Miami-Dade County Consumer Services Department Mediation Center (The Mediation Center) seeking assistance with the apparent shut out.
The Mediation Center contacted the team regarding Mr. P’s situation. The team verified that they had received $1000 of the required $1500 and indicated that several attempts were made to clarify the account with Mr. P prior to cancellation of the season tickets. The team went on to explain that neither they nor Mr. P had any record of a $500 cash payment. However, the Mediation Center was able to negotiate a $500 dollar refund of the $1000 payment that Mr. P made with his credit card.
While credit card statements or other forms of documentation may help you support your assertion that a purchase was made, a receipt or bill of sale is your only definitive means of proving that you actually purchased a particular item or made a payment. Keep your receipts until you are absolutely sure you will not need them for any purpose. This is particularly important when dealing with items purchased with cash or with big ticket items with which you may require future assistance.
TOP
Paved Over
Ms. G contracted to have a brick paver driveway installed at her home. The contractor took a deposit of $2000 and began digging up Ms. G’s yard. Additionally, he had $6000 worth of materials delivered to Ms. G’s house. After the materials were delivered, the contractor disappeared. Ms. G made numerous unsuccessful attempts to locate the contractor. After a period of time, the company that delivered the materials contacted Ms. G for payment. That company had not been paid by the contractor for the materials that had been delivered. Ms. G contacted the Miami-Dade County Consumer Services Department Mediation Center (The Mediation Center) to help her dig herself out of the hole.
The Mediation Center made several unsuccessful attempts to contact the contractor. Additionally, it was determined that the contractor had not applied for a permit nor was he licensed by the County or the State. Because the contractor seemingly disappeared, the Mediation Center turned its attention to the company that delivered the materials. The Mediation Center explained Ms. G’s circumstances to the company and negotiated the return of the materials for a full refund. Subsequently, Ms. G found a licensed contractor with good references to complete the job.
Most people assume that because they have entered into a contract with a contractor, the contractor is responsible for obtaining and paying for the materials required to complete a job. The contract may actually spell that out. However, per the Florida Construction Lien Law (PDF) homeowner’s are ultimately responsible for paying for materials delivered to their home even if the delivery was arranged by a third party (in this case the contractor). It is highly important for homeowners to research the contractors with which they choose to do business.
TOP
Please Allow Me to Introduce Myself
Ms. A signed a contract with a satellite television provider to receive satellite television service for the price of $40 dollars per month. After the first three months of service, Ms. A began receiving bills for $100 per month. She continued to pay $40 per month until the satellite company discontinued her service. She called the company regarding the discontinued service and was told that she had been discontinued because her account was past due. Ms. A contended that the company did not explain that the $40 per month was an introductory offer nor did they explain that she was committed to one year of service. Ms. A contacted the Miami-Dade County Consumer Services Department Mediation Center (The Mediation Center) to help her get the picture.
The Mediation Center contacted the satellite company regarding Ms. A’s account. The company explained that Ms. A was offered satellite television at a discounted, introductory rate of $40 per month for the first three months of service. That rate included all of the premium channels. At the end of the first three months, her plan would revert to the normal price for the premium channels she was receiving. At that time, Ms. A could have specified the premium channels she wished to keep or opted out of premium channels altogether. However, she did sign an agreement for one year of service. The satellite company provided the Mediation Center with signed copies of the agreement. The Mediation Center was able to negotiate a reduced rate for the months that Ms. A’s account was past due provided that she pay the full amount for services from that point forward.
Many types of products and services such as satellite television, cellular phones, and credit cards are marketed with introductory rates to entice consumers to try them. While it is required by law that the terms of these rates be disclosed, it is the responsibility of the consumer to understand the terms and conditions of introductory rates prior to entering into an agreement with the provider.
|
