Questions and Professional Answers

• Refund for Services

  We provide a service and have an unsatisfied customer demanding refund for payment made. We are willing to give a partial refund and want to know how to word her refund letter in a way that will release us from further obligation or responsibility, and to ''request'' that she not slander our business. We don't want it to sound as if our service is unreliable or of poor quality. We have many satisfied customers who return again and again, it just didn't work for her. Can you help?

• tax return refund

  I know after filing a chapter 13, the money from any refund is supposed to go to the trustee to pay creditors. Can we request the tax refund be used for college tuition?

  • Re: tax return refund

    You can ask, but how the money is used is entirely up the Trustee, and it is usually used to pay your creditors - depends on where you are in the phase of your chapter 13, if you've made all payments, etc. If you otherwise have enough money to cover your monthly payments, and can demonstrate the financial need to use it for tuition, then perhaps it is possible. Discuss this with your bankruptcy lawyer or the trustee's assistant who can better answer this question since they will know the details of your case.

    Audra Arndt
    Audra A. Arndt & Associates, PLLC
    6689 Orchard Lake Road #284
    West Bloomfield, MI 48322

• deposit

  put a down payment on a log home shell in nov.99 request to get my money back in feb.2000. was told the company would send it. then recieved a letter stating the company would send it in a couple of months. still no refund. call the company the off and on over the next months again said they would send the refund before christmas. instead recieved a letter stating due to the unsettled legal issues a settlement has not been reached and as soon as this legal issue is settled our office will contact me. i need to know what i need to do to get my deposit back at this time and this company is liable to refund my deposit. also if this company is going to file bankrupty. what will happen then

  • Re: deposit

    This really depends on the amount of refund coming to you. You should first contact the attorney general's consumer protection office and then the BBB. Failing that, I would take them to court.

    David Leon
    David L. Leon, P.C.
    3500 Oak Lawn Ave., Ste. 205
    Dallas, TX 75219

• Getting a Refund from Loan Modification Program

  Hi, I hired a company called ''The Firm'' to work on modifying my first and second morgages on my home. After four months of waiting both lenders sent me a letter stating that I don't qualify for any modification because I am not delinquent on my payments and my rates are already low. The one thing I wanted to do was to modify my principal because I'm about 120k upside down, but they will not settle. ''The Firm'' has refused to refund me $6500 because they claim their still working with my lenders. I have spoken to both lenders who said the request have been closed for weeks. What's the best way to receive my refund from these guys, I even have a signed document with the fee agreement stating they will refund me my $6500 minus a $750 admin fee. Please help, I have enough to worry about...

  • Re: Getting a Refund from Loan Modification Program

    Contact me asap. "The Firm" has likely violated MANY laws. You probably have a solid claim.There are many companies doing this stuff. I've had a close look at about ten and EVERY ONE was violating applicable laws.

    Benjamin Berger
    Berger-Harrison, A Professional Corporation
    2700 W. Pacific Coast Highway, Suite 200
    Newport Beach, CA 92663

• Overpayment refund request

  What is the law for a non- participating provider to pay back an refund request for an overpayment. The error was completely on the insurance company. Nothing fraudulent was done on the physicians side.

  • Re: Overpayment refund request

    Regardless of fault for the error, a claim for unjust enrichment attaches to any overpayment; that is, the person receiving the overpayment was unjustly enriched by it (ie. they received more than they were entitled to under the agreement to provide compensation). This claim is recognized by the courts and is often the basis of collection/subrogation lawsuits. The insure would have a claim against the insured as well since the payment was made on their behalf.

    Raymond Weicker
    Qua, Hall, Harvey & Walsh
    25 Fletcher Street
    Chelmsford, MA 01824-2746

  • Re: Overpayment refund request

    These cases can be very complex. One has to pay atention to the fact pattern, since a small difference in the facts that led up to the erroneous payment can make a significant difference in the outcome.The other response that was posted did mention the primary avenue by which an insurer can seek relief: restitution to prevent unjust enrichment. But sez who the payment is UNJUST? If you rendered services and were paid a reasonable amount for those services, you have not been enriched unjustly! On the other hand, the patient/insured may be in a bit of hot water, since the terms of his or her coverage might not have provided for payments at this level to an out-of-network provider. Indeed, I think the insurer is, legally, on better ground going against the insured, who has benefited from payments that are not supposed to have been made under the coverage. Practically, it may be a tad bit harder to collect from an insured than from a physician. But none of that goes to the provider's exposure. Assuming that you have no agreement of any kind with the carrier and you did not file an application for payment as an in-network provider, there does not appear to be any exposure at all on your part.Please bear in mind that this posting is not legal advice. The cute phrase is "If it was legal advice, it would come with an invoice." The reality is that without actually taking a close, professional look at all of the facts (you understand the importance of Hx in arriving at a proper Dx and prescribing the right Tx), a lawyer cannot advise about your legal rights and liabilities any more than you would diagnose strep pharyngitis over the telephone. Especially if the patient turned up a week later with Lemierre Syndrome (such a case, I am now handling and it ain't pretty).

    Kevin Connolly
    Anderson Kill & Olick, P.C.
    1251 Avenue of the Americas
    New York, NY 10020

• Refused a refund from Loan Modification Company...

  Hi, I hired a company called ''The Firm'' to work on modifying my first and second morgages on my home. After four months of waiting both lenders sent me a letter stating that I don't qualify for any modification because I am not delinquent on my payments and my rates are already low. The one thing I wanted to do was to modify my principal because I'm about 120k upside down, but they will not settle. ''The Firm'' has refused to refund me $6500 because they claim their still working with my lenders. I have spoken to both lenders who said the request have been closed for weeks. What's the best way to receive my refund from these guys, I even have a signed document with the fee agreement stating they will refund me my $6500 minus a $750 admin fee. Please help, I have enough to worry about...

  • Re: Refused a refund from Loan Modification Company...

    $7,250 is an awful lot of money to pay someone just to negotiate a new loan. It sounds like "The Firm" (hopefully not as bad as the "Firm" in the John Grisham book and movie of the same name) may be in breach of their contract, if they did not perform as represented. It all depends on what the contract states. You should have it reviewed by a lawyer.

    Thomas Mauriello
    Law Offices of Thomas Mauriello
    209 Avenida Fabricante, Suite 125
    San Clemente, CA 92672

• Deposit Refund on Cars

  I gave a $1,000.00 deposit on a van October 14, 2005 but the dealership could not get financing. I asked for a refund and they will not return it. I talked to my salesman, several managers, and recently sent a letter to the CEO. One of the managers agreed I should get my deposit but has not followed up on issueing a check request. What legal actions can I take to get my deposit returned. The car is still in their position.

  • Re: Deposit Refund on Cars

    If you signed a contract, the failure to get financing is your problem. NEVER buy a car unless you prearrange financing BEFORE you ever see any dealers. Depending on the contract language you may owe the whole price of the car or they may be able to retain your deposit or some part of it. You should have read before you signed, but read it now. You may be out of luck depending on the language. It may be worth paying a lawyer to read the contract to be sure.

    Glen Ashman
    Ashman Law Office
    2791 Main Street
    East Point (metro Atlanta), GA 30344

• security deposit 21-day limit

  According to 1950.5(f), landlords have a 21 day limit to return the security deposit or provide a list of deductions.Does the count exclude holidays and weekends? Is it a strict postmark date limit or a general guideline?I submitted a letter of request for refund of my security deposit after receiving a partial refund with a postmark day of 23. Afterwards, I received a retaliatory letter demanding I write them a check. The landlords claimed they made a ''mistake'' and charged me less than I was liable for. Is the landlord's action legal?Thanks.

  • Re: security deposit 21-day limit

    Unless a law specifies business days or court days (for example), it is calendar days by default.The mailing date is controlling (rather than the date of receipt) and the postmark is strong evidence of the date of mailing, but not conclusive, I would think, since as we all know mail posted late Saturday won't be postmarked until the following Monday, or maybe later if Monday is a postal holiday.In my opinion, there is nothing 'illegal' about anyone asserting a claim against anyone else if it is made with a good-faith belief that the claim is valid. If, however, a claim is blatantly false or made with the intent to harrass, retaliate or defraud, the making of the claim is improper and possibly civilly actionable, although the term 'illegal' is usually reserved for acts that are punishable as crimes, and this isn't.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

• Inability to collect refund from cancelled contract from VW dealership

  I purchased an extended warrenty with my VW in 2003. The extended warrenty allows for cancellation with the refund prorated minus a service fee. I followed the terms of the contract for cancellation, received a letter stating I was due a refund of approximately $1200. I received the letter approximately 4 months ago and have not recieved the refund. I made 5 telephone calls to the dealership, 4 have not been returned. One call I spoke to a finance representative and was assured the matter would be taken care of. It was not. I am tired of being patient and would like to take more formal action. What are my rights and what should my next step be?

  • Re: Inability to collect refund from cancelled contract from VW dealership

    It sounds like you should send a demand letter to the dealership. Send the letter certified/return receipt requested. Finally, it may make sense for you to have an attorney draft the letter on his/her letterhead. If you have $1200 at stake the $50-100 you spend for the letter may make sense.

    Charles Lawler
    Clark Hill PLC
    212 East Grand River Avenue
    Lansing, MI 48906

• Credit Card refund for an online purchase

  I ordered a magazine online. It was a ''one year risk free'' offer. It clearly states that within 1 year, I can cancel at any time and receive a refund.I use this service occassionally because I'm disabled and I like to see if I like a particular magazine before I commit. I always get a prompt refund when I request it.However, the company has refused my last refund. Here is their exact wording:''We have cancelled your subscription as requested, however, we can not issue a refund at this time as we are unable to verify that the credit card account you provided for this cancellation request is associated with the name and address we have on file for this subscription. For security and anti-fraud purposes, it is our policy to only issue refunds to the subscriber of record.''No where in their Terms of Service do they claim the name and address must match up with the cc#. I use my daughter's cc# that allows me to create a ''temporary'' and safe cc# that I can use online and not worry about the real cc# getting stolen.They charged my card with the name and address ''as is'' so can they really now say that they can't give me a refund for the reasons stated above?

  • Re: Credit Card refund for an online purchase

    Just tell them to refund the daughter's credit card. In the future, if you order online, many banks offer temporary credit card numbers (i.e. virtual numbers) that you can use just for that transaction to surf safely. You might want to use that.In the meantime, a letter from an attorney might get their attention.

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

  • Re: Credit Card refund for an online purchase

    They can say it, and they may have an argument if you were not an authorized user on your daughter's credit card. Have your daughter ask for the refund, and if they won't give it, she may have to dispute it with her credit card company. However, in the future, you should only use a credit card with your name on it.

    Jonathan Stein
    Law Offices of Jonathan G. Stein
    5050 Laguna Blvd, Suite 112-325
    Elk Grove, CA 95758