Legal advice required
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Originally Posted by RoadWarriorFromLP
I would suggest that you not do this, unless you find that the method I've suggested doesn't work.
Here's why: In situations like this, the last person with whom you want to negotiate is an attorney. Attorneys are generally quite quick to resort to quoting legalese and chapter-and-verse, rather than viewing your problem as as a customer service/ damage control issue that can be easily resolved by making the customer happy (i.e. making the customer go away with a cash payment and an apology.)
Unlike the uber-complaints department, whose job it is to shield the execs from getting your annoying phone calls, an attorney couldn't care less if you are happy or not, unless you have the power to litigate or bring state power to bear, which you likely do not. Accordingly, your case will likely get very little of the legal department's attention.
At this stage of the game, the issue at hand isn't whether your agreement or the law was violated, but whether someone with genuine customer service skills (not the grunts in the call center who make a few pennies above minimum wage) can make you happy enough to leave the bigwigs alone and turn you back into a satisfied customer.
The beauty of the go-to-the-top method is that you are one of a very small number of people who ever think to do this, while most people with serious issues get stuck in the customer service quagmire and whinge about it without ever escalating things to a level where they can actually get results. (Think of Customer "Service" as a distraction ploy, meant to keep you from bothering the people who really count.)
The "President's Office" is designed to cope with the very few who figure out the system, and to make them go away as quickly as possible. You will get good results if (a) you aren't rude, (b) you are more-or-less in the right (even if not in a strict contractual sense), and (c) you are amenable to a reasonable solution, i.e. one that includes reimbursing you and perhaps giving you a bit more. Going legal is going to put things into a realm that you're better off avoiding if you can.
Here's why: In situations like this, the last person with whom you want to negotiate is an attorney. Attorneys are generally quite quick to resort to quoting legalese and chapter-and-verse, rather than viewing your problem as as a customer service/ damage control issue that can be easily resolved by making the customer happy (i.e. making the customer go away with a cash payment and an apology.)
Unlike the uber-complaints department, whose job it is to shield the execs from getting your annoying phone calls, an attorney couldn't care less if you are happy or not, unless you have the power to litigate or bring state power to bear, which you likely do not. Accordingly, your case will likely get very little of the legal department's attention.
At this stage of the game, the issue at hand isn't whether your agreement or the law was violated, but whether someone with genuine customer service skills (not the grunts in the call center who make a few pennies above minimum wage) can make you happy enough to leave the bigwigs alone and turn you back into a satisfied customer.
The beauty of the go-to-the-top method is that you are one of a very small number of people who ever think to do this, while most people with serious issues get stuck in the customer service quagmire and whinge about it without ever escalating things to a level where they can actually get results. (Think of Customer "Service" as a distraction ploy, meant to keep you from bothering the people who really count.)
The "President's Office" is designed to cope with the very few who figure out the system, and to make them go away as quickly as possible. You will get good results if (a) you aren't rude, (b) you are more-or-less in the right (even if not in a strict contractual sense), and (c) you are amenable to a reasonable solution, i.e. one that includes reimbursing you and perhaps giving you a bit more. Going legal is going to put things into a realm that you're better off avoiding if you can.
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Originally Posted by Ray
Sounds like a bit of UPL going on....
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Originally Posted by Jerseygirl
Wondered what had happened to you today Ray. What's UPL? ![Confused](https://britishexpats.com/forum/images/smilies/confused.gif)
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UPL The unlicensed practice of law ...
A sore point on other section of this site ...
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#35
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Originally Posted by Ray
Been busy insulting and being rude to real people...pretty normal day
UPL The unlicensed practice of law ...
A sore point on other section of this site ...
UPL The unlicensed practice of law ...
A sore point on other section of this site ...
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#36
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Originally Posted by Vicky88
Were your instructions in writing or verbal?
... Once a contract is written and signed, both parties are obliged to abide by the terms.
... Once a contract is written and signed, both parties are obliged to abide by the terms.
... if a court decides that a contract lacks legal consideration (e.g., one party gets nothing from the contract while the other party gets something from the contract), then there is no contract and the terms of the contract are null and void on their face -regardless of what either party signed. Then there is the legal doctrine of ... if party A knew there was a fundamental error that party B missed and party A signed a contract with party B knowing there was a fundamental error in the contract and a court so found, the court will be obliged to void the contract as a matter of law. Contracts are supposed to be about fair dealing, not party A getting one over on party B.
Disclaimer: this post is not legal advice, but provided merely for general discussion purposes. I am not your lawyer. The post is merely one of general comment about an aspect of law called Contract Law. No explicit or implicit warranty as to fitness. NOT LEGAL ADVICE. If you need legal advice, seek out professional counsel from a competent lawyer.
Last edited by User Name; Mar 15th 2006 at 3:24 pm. Reason: disclaimer
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Originally Posted by RoadWarriorFromLP
As a preface, you should know that no lawyer will take your case, so contacting one won't help. A complaint to the BBB might be fun, but on the whole, it's pretty useless, and might help only if you feel better for having done it.
What I'm about to tell you will work like a charm with any customer service problem that can't be resolved through normal channels:
Firstly, I would try just once more to resolve it with the regular customer service. No, it won't probably work, but it gives you leverage when you can tell the next person you call (I'll get to that in a moment) that you spoke to so-and-so and couldn't get any resolution. Important: Be sure that you get the name of the customer service person (preferably before it becomes a pissing contest) so that you can reference this person during your next step.
Next, contact one of the executive officers of the company. (#16 above posted a list; otherwise, for any public company, you should be able to get this from Yahoo Finance, the company website or other sources.)
I would suggest that you NOT contact the CEO -- it's too difficult to get through to his/her office, and your real objective at this stage isn't to actually speak to them. Instead, choose anyone else on the list, it really doesn't matter who it is. Phone them up, and try to work your way through the phone system to locate that person's secretary.
Once you've found this person's admin, begin by getting his/her name. Then in a calm but determined voice, tell the assistant something like this: "Hi, I'm hoping that you can help me. I've had a horrendous experience with your customer service department, and I've about given up working with them. So before I start resort to phoning _____ (name of officer), _____ (name of another officer) and every other executive and member of the Board of Directors to complain about this, I would appreciate it if you could direct me to someone outside of Customer Service who can help me." (If you reach the actual executive -- unlikely -- then modify this speech accordingly.)
At this point, you will likely be asked for your contact details. Be prepared thereafter to get a call from someone in a special complaints department that won't be labelled as such. (My guess is that it will be called "The President's Office" or "The Office of the President.") Explain to this person your problem,and have a reasonable resolution in mind to match.
My guess is that if you address them politely but firmly, and your problem is reasonably legitimate that you will quite promptly get a full refund, plus something extra for your trouble.
By the way, this method is highly effective, but don't resort to it for every run-of-the-mill problem. Save it for situations like this, where the service has been extremely rude, you have lost a fair bit of money or promises haven't been kept. But for this sort of situation, it is ideal.
Good luck.
What I'm about to tell you will work like a charm with any customer service problem that can't be resolved through normal channels:
Firstly, I would try just once more to resolve it with the regular customer service. No, it won't probably work, but it gives you leverage when you can tell the next person you call (I'll get to that in a moment) that you spoke to so-and-so and couldn't get any resolution. Important: Be sure that you get the name of the customer service person (preferably before it becomes a pissing contest) so that you can reference this person during your next step.
Next, contact one of the executive officers of the company. (#16 above posted a list; otherwise, for any public company, you should be able to get this from Yahoo Finance, the company website or other sources.)
I would suggest that you NOT contact the CEO -- it's too difficult to get through to his/her office, and your real objective at this stage isn't to actually speak to them. Instead, choose anyone else on the list, it really doesn't matter who it is. Phone them up, and try to work your way through the phone system to locate that person's secretary.
Once you've found this person's admin, begin by getting his/her name. Then in a calm but determined voice, tell the assistant something like this: "Hi, I'm hoping that you can help me. I've had a horrendous experience with your customer service department, and I've about given up working with them. So before I start resort to phoning _____ (name of officer), _____ (name of another officer) and every other executive and member of the Board of Directors to complain about this, I would appreciate it if you could direct me to someone outside of Customer Service who can help me." (If you reach the actual executive -- unlikely -- then modify this speech accordingly.)
At this point, you will likely be asked for your contact details. Be prepared thereafter to get a call from someone in a special complaints department that won't be labelled as such. (My guess is that it will be called "The President's Office" or "The Office of the President.") Explain to this person your problem,and have a reasonable resolution in mind to match.
My guess is that if you address them politely but firmly, and your problem is reasonably legitimate that you will quite promptly get a full refund, plus something extra for your trouble.
By the way, this method is highly effective, but don't resort to it for every run-of-the-mill problem. Save it for situations like this, where the service has been extremely rude, you have lost a fair bit of money or promises haven't been kept. But for this sort of situation, it is ideal.
Good luck.
11.10 just heard back that my complaint has been forwarded to the Executive Office in Chicago.
Within 2 mins I received a call from the Chairman's office, (very impressive)gave them the details of my complaint and was assured that they would get onto it immediately. So your plan seems to be working, thank you.
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Originally Posted by Jerseygirl
At 9.30 this morning I put a call in to Rick Lazio's office (his name stood out as he was the NY congressman who ran against H Clinton for senitor) spoke to his assistant who took my details and said she would get back to me.
11.10 just heard back that my complaint has been forwarded to the Executive Office in Chicago.
Within 2 mins I received a call from the Chairman's office, (very impressive)gave them the details of my complaint and was assured that they would get onto it immediately. So your plan seems to be working, thank you.
11.10 just heard back that my complaint has been forwarded to the Executive Office in Chicago.
Within 2 mins I received a call from the Chairman's office, (very impressive)gave them the details of my complaint and was assured that they would get onto it immediately. So your plan seems to be working, thank you.
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Originally Posted by BigDavyG
"Executive office" - ha ha ![Smile](https://britishexpats.com/forum/images/smilies/smile.gif)
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Originally Posted by BigDavyG
"Executive office" - ha ha ![Smile](https://britishexpats.com/forum/images/smilies/smile.gif)
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#41
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Originally Posted by Jerseygirl
By the way I could understand every word that she said to me and she understood me. So refreshing! ![Big Grin](https://britishexpats.com/forum/images/smilies/biggrin.gif)
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It'll never catch on!
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#42
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Originally Posted by Jerseygirl
At 9.30 this morning I put a call in to Rick Lazio's office (his name stood out as he was the NY congressman who ran against H Clinton for senitor) spoke to his assistant who took my details and said she would get back to me.
Sounds as if things are moving in the right direction. I assume that you have the name and number of the rep from the, er, Chairman's Office with whom you're dealing. You'll probably hear something reasonably soon, hope it goes well.
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Originally Posted by RoadWarriorFromLP
It's nice to hear that Republicans aren't entirely useless!
Sounds as if things are moving in the right direction. I assume that you have the name and number of the rep from the, er, Chairman's Office with whom you're dealing. You'll probably hear something reasonably soon, hope it goes well.
Sounds as if things are moving in the right direction. I assume that you have the name and number of the rep from the, er, Chairman's Office with whom you're dealing. You'll probably hear something reasonably soon, hope it goes well.
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#44
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Finally the bank have put all the money back into my account that they took out in error 2 months ago.
Many thanks to everyone that took the time and trouble to read/reply to my thread. Cheers everybody.
Many thanks to everyone that took the time and trouble to read/reply to my thread. Cheers everybody.
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