I am totally ticked off at the moment.

[IdaBriggs]

No, it isn't DU related.

I signed a contract that said "no refunds" and paid in advance. I inquired about the language, and specifically asked "what if it doesn't work out?" and was told in thirty years, it had only "not worked out" ONCE.

Well, welcome to TWICE.

The other party has decided they will no longer provide the service, and has indicated they will not refund the balance of the money because of the "no refund" policy.

Yes, I can fight it, and might win (except there were big bold letters saying "NO REFUNDS" so it isn't like I didn't know!), but the whole idea of *having* to fight when *they* are the ones refusing to continue providing the service (making it so that I now have to jump through a bunch of hoops elsewhere), and plan on keeping my money is PISSING ME OFF.

We have done everything we can to resolve the situation; they are not doing the same. BONUS: It turns out we are not *really* twice - apparently, when it hasn't worked out before, our side is usually the first one to walk away because they make it so miserable only a fool would keep working (that's me - FOOL!), but since we've been bending over backwards/were desperate to make this work, they had to be the ones to "pull the plug" on us (since we weren't taking the hint!).

I'm just stupid that way.

If I choose to get lawyers involved, I will end up paying more in fees than the funds are worth, and if I lose, I will end up paying for *their* lawyer, too. (The amount is too much for small claims court.)

We "forgot" to be born rich, and this isn't a "small" amount. And to be fair, they are right - this isn't working out, and it is negatively impacting my entire family. We do need to walk away from them.

But walking away from the money - that is hard!

I am so angry, I can barely type.

ARGH!!!

[Boom Sound 416]

1. A contract is just an agreement

And is only worth the paper it's written on when either of the two parties don't uphold it.

No refunds only works when one party may be only dissatisfied with services, not when services aren't rendered.

Unless I misunderstood your complaint.

[IdaBriggs]

2. No, you didn't misunderstand.

We paid in advance for one year's worth of service. Three months in, they have decided not to continue rendering the service, and are saying "see? NO REFUNDS!"

They are referring me to other decision makers to "review" our situation, who will not be meeting until January.

It is an unpleasant situation.

[Boom Sound 416]

3. Then you are right

No refunds doesn't disallow their fiduciary responsibility. People think a contract is about being beholden only to the signer

Once the signee stops services they are in breach.

I had a similar circumstance with a lawn service.

I'm not a lawyer, but this is what we did:

1. Explain that they are in breach and are fired.

2. You probably won't get it all back, but try to work out an amicable number because they did do some work.

3. Do not let them try to do any more work because they are fired.

4. Explain to them you are referring this to your lawyer. (Even if you don't have one) and all future correspondence will go through them.

5. Contact a lawyer and explain the situation. Again, a contract is an agreement that both parties must uphold. No refunds is only good when they do the work.

Again, I'm not a lawyer, but we did get back about 70%. We contacted a friend who's a lawyer so he sent the emails pro-bono (and a bottle of scotch). Even if you give half to the lawyer, you still get something back and piece of mind.

Good luck

[IdaBriggs]

4. Thank you. Trying to take deep breaths.

It is a very frustrating situation. Sigh.

[Boom Sound 416]

5. Good luck

People like to wave contracts around like that are some sort of shield.

They are just paper.

[avebury]

6. It sounds like a violation of the contract.

So what it says No Rufund. The contract is based upon you receiving a service for what you paid. They reneged on their side of the contract. I don't know how much money you are out but what about the possibility of taking them to small claims court? That should not cost you the attorney's fees.

Edit to add: One of local news channel has a guy that handle In Your Corner items. People are sometimes able to get him to help them out and the issue ends up on the news. You might want to see if any of your local new stations have a similar feature. If they do and they cover your story it should not cost you anything while generating bad publicity for the other guy.

[csziggy]

7. See a lawyer - get a referral from the local bar association

Often those referrals will let you have one visit with an attorney for a minimal amount of money. You can explain the situation and get suggestions as to how to proceed.

The one time I have used this service, it cost me only a little and the attorney told me what language to use in a letter to the other party. One important phrase - "Upon advice from my attorney" - scares the piss out of many people. In my case, the other party did what I needed and the case concluded with no other action.

[Sweet Freedom]

8. I think if it's less than $5000

You can take them to small claims court. (Check your state laws.) I think you would win. At least Judge Judy would look at it as a breach of contract. Good luck!

[Wounded Bear]

9. The above ^^^ plus, the BBB in your area should be notified...

Report them to Angie's list.

[vanlassie]

10. Did you pay with a credit card?

Long shot maybe, but...