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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Letter Canceling Contract Not Received, Automatic Renewal

    My question involves a consumer law issue in the State of: Viriginia

    My wife and I signed up for a karate class along with my niece for 300 a month. For 1 year it stated in the contact that they need a 30 day notice prior to the contact ending or it would be automatically renewed. I sent a certified letter to them saying to cancel well they apparently never recieved it and I can not locate the reciept from the letter. So i called the owner and he told me to go ahead and send in another letter and even though it was after the date they would cancel the contract but I would most likely have to pay for 2 months from when they recieved the letter which I was like ok that sounds fair to me. Well now they are taking me to court for $2100 for the remainder of the contract term they did cancel my membership but said that since it was after the 30 days I was automatically enrolled for another 12 months. I talked to the owner again and he completely back tracked on his story I wish I recorded that call and he is actually the reason I record all my phone calls now! Is there anything I can do to fight this? I mean if I have to pay the $2100 I will I just cant beleive this is absolutly legal in viriginia let alone any other state. Even if you hvae that clause if you send a cancellation notice you should be able to cancel anytime after you initial contract.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Letter Canceling Contract Not Received, Automatic Renewal

    By "receipt," you mean proof that you mailed the letter?

    If you send a certified letter and it is not accepted by the intended recipient, it is returned. If it is received you get the signature card. If you find the receipt, you can track the envelope.

    Your transaction is governed by the terms of your contract. I can't tell from what you posted if you're claiming to have a recording of the manager agreeing that he told you he would release you from the contract and then changed his mind, or if you're stating that you have a recording of him stating that he never made such an offer.

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