In May 2010. We have signed a contract with a After School Care Program.
By the end of august, we totally paid the company $1459.
On August 30th 2010. We called the company. We told them that our family financial situation changed for the worse due to unexpected unemployment in August 2010, which is beyond our control. We discussed our situation with the director. The purpose of this call was discussion/negotiation to work out a best solution, not terminate the contract right away. Both sides reached the agreement on the phone that my daughter would stay in the after school program until a replacement is found.
Sept 7th, 2010, the first day of the school. This is the day the company performance was supposed to take place, we surprisingly found our daughter’s name was not on the After School list, our daughter was denied entry into program without any form of advanced notice. The Director clearly refuses to perform under the contract as promised, even after we repeat ask for the service. Finally We filed a written request to the company president on the same day. In the request we asked for the service we have paid for. This written request is clearly restate our right under the contract. We want the company to fix the problem. It was not too late for the company to give a solution on the first day of the performance.
On Sep 16th, 2010. We sent a 30 day demand letter by e-mail to the company president.
On Sep 18th, 2010. We sent the 30 day demand letter again by certified mail to the company president.
Editor's Response
I don't understand the question. Do you want your money back, or do you want your daughter to stay in the program? I'm assuming you paid for the month of September, but then told them you need to withdraw???
Thank you for your reply. I
Thank you for your reply. I have paid two month tuition for September and October. First I want to put my daughter into the program in Sep and October, which I stated in my written request, the company ignored my request and refused to provide service. Then I asked my money back in my 30 day demand letter.
Editor's Response
OK. Then I would say you are on the right track with your demand letter. I have not read the contract or agreement you signed, so this answer is just guesswork. For example, I do not know if the contract contained any liquidated damages clauses for early termination or other clauses that might impact your recovery. However, the beauty of the 93A demand letter is that it forces the business to give you a written explanation of their actions. Given the amount of money involved, and because you may be entitled to attorney's fees, I would consult a Massachusetts lawyer with consumer law or litigation experience and have her look over the documentation. Good luck.
Thank you
Thank you. very helpful.
A bad check
The company agreed to refund half of my payment after I sent them a 30 day demand letter. They sent me a postdated check which I can't cash it. The date on the check is Dec.2010. What should I do? Can I get remain half money back in small claim court?