Tuesday, July 27, 2010

I need some advice on a legal issue. My husband and I started paying on an ATV for our kids for Christmas...?

and so far we've paid $518.00 for it. The total price is $1000. Anyway, my husband lost his job about a month ago and although he is looking for work, he hasn't found anything yet. We have all the usual bills to pay (mortgage, car payment, etc.) and now we are down to our last $20. So, we decided the only thing we could do is go back to the ATV store, get our $500 back and get the kids something less expensive for Christmas. Then we would have enough money left over to live off of (hopefully) until he finds a job. Yesterday, we went back to the place to get out money and the man said ';there are absolutely no refunds.'; We explained that we have 5 kids and no money. Still, he said he couldn't help us. There is nothing in our contract about ';no refunds.'; This is a new business and I know for sure that when we initially went to layaway the 4 wheeler, the sign he showed us yesterday that says ';No refunds on layaways'; was not posted yet. My question is Can he legally do this?I need some advice on a legal issue. My husband and I started paying on an ATV for our kids for Christmas...?
if you have a signed contract they are legally bound to honor it, and if it doesn't say anything about refunds they must honor that. A signed contract supercedes any other agreement.





I would call your distric attorney or better business buerea represenitive to find out what your rights are.





Ususally if it wasn't posted and you can prove it you'll get your refund back.I need some advice on a legal issue. My husband and I started paying on an ATV for our kids for Christmas...?
Contact your local television station(s). Most of them have a consumer reporter who'll show up at this guy's store with a camera crew.
Legally he can do it. Regardless of ';no refunds'; on a contract or not you signed an agreement saying that you agree to pay such and such an amount in such and such a manner...... really.





You saying you have no money could hurt you. The business could just go that since that is the case you have no means to make this a legal issue. But on the other hand if you told this to the owner himself that might sway him. You could tell him that you fully intend to buy an ATV later.





You are going to have to deal w. him eventually as if you miss a payment later he can sue you for the rest easy. He can put this on your credit report. This could effect current credit card rates, homeowner insurance rates, car insurance rates, mortgage rates, etc. etc. costing far more that the $500 you owe. If he won't give you the money outright you might look into some other kind of payment plan....... this would look good in court.





If things go bad w. the owner you could mention a few things to the owner. You WILL speak to the BBB, you will later make it a legal issue and you WILL speak to the local TV station. You may lose but publicity would not help him in any way.





I don't know your situation but your husband can't find ANY WORK? It has been a month. If it was me and it was coming down to presents for the kids I would take ANY job...... regardless of pay or if it was somewhat demeaning.





You said less expensive Christmas. That implies that you were going to spend way more than $500. Money you don't have. The ATV..... obviously not necessary. That money should have been stashed away just for such emergencies. What happens later when bills come due next month?
Try the owner; tell him that this isnt the kind of publicty a new business needs.
Depends on the terms of the contract, which none of us have read.





You apparently signed an agreement to pay a total of $1000 for an ATV, and the salesperson is ready to perform. You have breached by telling him you don't want to continue paying on your contract.





If he goes to court, his damages are $482 plus interest and court costs...the benefit of the bargain to which you agreed. Of course, then you get an ATV.
maybe you can sell the layaway on craigslist.com or something - maybe someone will take over the payments for 400 or so.
If the sign wasn't posted yet, contact the state consumer fraud division. This is a good example of why lay-a-ways are a bad deal for the consumer. Next time save your money in the bank when you want to make a large purchase, then pay cash when you have enough.

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