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View Full Version : Prepaid Service Contract Cancelling/Refund?


roob1
04-17-2018, 04:09 AM
Has anyone been able to cancel a prepaid service contract i.e. prepaid for a year, pest and lawn application, and receive a refund for unused service?

Competing company tells me state law does not allow them to keep monies. I have consulted state agencies...not very helpful other than telling me to file complaint. Contract states can cancel w/in 3 days of signing; no other mention of cancelling option.

Is anyone aware of state law that addresses this? If so, please reference it.

Thanks

Chatbrat
04-17-2018, 04:48 AM
Hope you did not sign with Service Smart, if you did--"good luck"

roob1
04-17-2018, 05:24 AM
"Hope you did not sign with Service Smart, if you did--"good luck" "

Thanks for the helpful, on-point response.......

Toymeister
04-17-2018, 05:41 AM
In general the request must be made in writing and sent via certified mail to the home office.

David73
04-17-2018, 06:05 AM
Why in the world would any thinking adult PREPAY for anything related to future services. I do not prepay my doctor OR dentist. Seniors VS Crime is well versed in this subject because it keeps them in business. Good luck ever getting any monies returned. :pray:

Toymeister
04-17-2018, 07:21 AM
Here is a comment that will actually help the poster, the Attorney General's page on the cooling off rule. As I indicated on my post a post or two up, regarding the three days notification, Florida Law only specifies "written notice" I recommend certified mail to prove that you have met the three day requirement.

Florida Attorney General - How to Protect Yourself: The Cooling-Off Rule (http://myfloridalegal.com/pages.nsf/main/18c35b713adbd1ad85256cc90053b3bc!opendocument)

If you have failed to meet the three day rule your remedy is limited to a civil action against the firm, small claims...

Edit to add: The webpage does mention impossibility of performance as a reason for cancelation, or in English you are not able to receive the services contracted for.

dewilson58
04-17-2018, 07:34 AM
Why in the world would any thinking adult PREPAY for anything related to future services. I do not prepay my doctor OR dentist. Seniors VS Crime is well versed in this subject because it keeps them in business. Good luck ever getting any monies returned. :pray:

Prepay for:
Health Insurance
Car Insurance
Airline Flights
Movie Theater
Cable TV
Funeral Services (sometimes)
Homeowners Insurance
Retain an Attorney (sometimes)
Disneyland
Parking Meter
Postage Stamps

To name a few............probably many more.

:sing:

TommyT
04-17-2018, 08:13 AM
Why in the world would any thinking adult PREPAY for anything related to future services. I do not prepay my doctor OR dentist. Seniors VS Crime is well versed in this subject because it keeps them in business. Good luck ever getting any monies returned. :pray:

People here in the Villages do it ALL THE TIME !! Folks when are you going to lean ??

:22yikes: :22yikes: :shrug: :shrug: :shrug:

roob1
04-18-2018, 04:50 AM
Thanks! And thanks for focusing on the question asked!

The forum is replete with responses that are non pertinent to the questions people ask......


Here is a comment that will actually help the poster, the Attorney General's page on the cooling off rule. As I indicated on my post a post or two up, regarding the three days notification, Florida Law only specifies "written notice" I recommend certified mail to prove that you have met the three day requirement.

Florida Attorney General - How to Protect Yourself: The Cooling-Off Rule (http://myfloridalegal.com/pages.nsf/main/18c35b713adbd1ad85256cc90053b3bc!opendocument)

If you have failed to meet the three day rule your remedy is limited to a civil action against the firm, small claims...

Edit to add: The webpage does mention impossibility of performance as a reason for cancelation, or in English you are not able to receive the services contracted for.

roob1
04-18-2018, 04:53 AM
Thanks for the helpful response to my qustion:ohdear:

Why in the world would any thinking adult PREPAY for anything related to future services. I do not prepay my doctor OR dentist. Seniors VS Crime is well versed in this subject because it keeps them in business. Good luck ever getting any monies returned. :pray:

graciegirl
04-18-2018, 06:13 AM
I have taken down my comment because it does not directly relate to the problem the OP is having.

We have not rented either of our homes here and never rented out a home we owned. If we did, we would probably have to have direct control, because that is how we are wired. We would hire The Cunninghams or Mary Edwards or someone like them to keep an eye on the place and see that it is cleaned and not damaged. And worry that someone was messing things up. However, most villagers have rented and stayed in a home here if just for a lifestyle visit and many have the old fashioned motto in their heads; "Leave a place better than you found it".

I would do almost anything to keep from hiring a lawyer because they are very expensive. We have had some young ones join our family and they are doing quite well financially.

Oh dear. I have just posted ANOTHER comment not directly related to the problem. sigh.

Mrs. Robinson
04-18-2018, 06:23 AM
Thanks! And thanks for focusing on the question asked!

The forum is replete with responses that are non pertinent to the questions people ask......

TOTV posters may make a comment unrelated to what an actual thread is referencing, however, usually, their comments are informative and/or interesting.

So what is the problem???

EdFNJ
04-18-2018, 07:38 AM
As Judge Judy always says, one should read the contract they sign before paying. She also says contracts are to protect both parties and are legally binding except for fraud and/or non-performance. If you have signed a contract your recourse to break that contract would seem to be a small claims court to prove one of those 2 things. She also says that a signature isn't necessarily required to have a legal contract and that sometimes just paying is enough. She's on TV so she must be right. [emoji6]

roob1
04-18-2018, 10:31 AM
TOTV posters may make a comment unrelated to what an actual thread is referencing, however, usually, their comments are informative and/or interesting.

So what is the problem???

Questions I asked: "Has anyone been able to cancel a prepaid service contract?" "Is anyone aware of state law that addresses this?"

Responses received:

"Hope you did not sign with Service Smart, if you did--"good luck" "

"Why in the world would any thinking adult PREPAY for anything related to future services."

Yes I agree posters can make an unrelated comment, such as above. Informative and interesting: NO. Condescending: YES. Helpful to OP: NO

This should probably be a topic for another thread. But I do thank those who actually addressed my original post!

EdFNJ
04-18-2018, 11:17 AM
While I heartily agree with your last post, having been around (and run) forums/BBS's since the early 80's long before Al Gore invented the Internet the (non)responses you have received is what is to be expected and will always happen. The only way to avoid that would probably be to hire an attorney or some third party to read and pre-filter the responses. :D

Toymeister
04-18-2018, 11:31 AM
Thanks! And thanks for focusing on the question asked!

The forum is replete with responses that are non pertinent to the questions people ask......

You are welcome for my answer that actually addressed your question. You simply do not get your question answered often enough on this forum.

EdFNJ
04-19-2018, 07:41 AM
You are welcome for my answer that actually addressed your question. You simply do not get your question answered often enough on this forum.

It's not just THIS forum it's any PUBLIC forum or online service anywhere. Good, bad or otherwise that's just the nature of the beast. One has to separate the gold from the glitter to get some info (or hire a specialist related to ones inquiry!). Then once you find the gold you have to make sure it isn't fool's gold.