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Question DetailsAsked on 1/21/2017

salesman for reputable company took my $1000 check as down payment for future work and cashed it. Help

Down payment was for a 3 day contract which I decided against. I emailed a signed cancellation form to this salesman and 2 days later, my check was cashed. What can be done?

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2 Answers

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Contracting rule number one - don't sign a contract till you are sure you really mean to abide by it - you are just leaving yourself open to trouble otherwise. And don't let yourself be pressured into signing one - especially if they are saying "limited time offer - you have to signn now or lose it" - that is pretty much a sure sign this is a high=pressure sale you do NOT want to be roped into.


I am assuming you mean it was deposited by the company. If you mean the salesman cashed it or deposit in HIS personal account, or it was "cashed" rather than deposited without company endorsement you should talk to your bank about possible banking fraud claim - after you call the accounting person at the company to find out if it was actually deposited in their account or not. Your bank (after a couple of days) should also be able to give you a copy of (or download online through your account) the back of the check showing how it was endorsed and what account (if any) it was deposited to.


Could be the refund is in process because the fact of the cancellation was not passed along to the person who handles checks quick enough o the salesman did not read his eMail for a day oir so - or could have been mailed in or ATM deposited almost immediately after your gave it to them but did not clear until a day or two later.


Assuming when you say "3 day contract" you mean cancellable within 3 days of signing (under state or federal law, as applicable) - then if talking to the accounting person does not satisfy you (commonly they have up to 7 days to refund the money, though in at least one state I have read that they cannot deposit the check till after the 3 days are up), I would talk (preferably in person) to the owner of the company, taking a copy of the eMail INCLUDING proof of the date/time sent (which you might have to blow up and print out the HEADER or SOURCE info on the eMail to document date and time sent) with you as proof of your cancellation. Could be an honest mistake, could be salesman does not know about the law, could be he decided to bury the eMail and hope it would go away because his commission depends on that money.


Also would be a good idea to (before talking to the company) check the federal/state regs on HOW and WHEN you have to give notification of concellation (including any business/calendar day rules) - different in various locales, and in some it has to be sent certified or registered mail to be "legal" notice, so the email may not have met the 3 day notification requirement. If still within 3 day limit, I would resend cancellation in proper form by certified return receipt recipient signature required PRONTO as a backup.


If no relief from the company after above, if eMail was NOT a legal notification means for your locale, you may have to eat some contract cancellation cost depending on what the cancellation policy is in the contract. Attorney would likely be needed to recover move than the $1000 minus that fee if that is the case, though threatening bad web reviews might get some action.


If you cancelled with legal means and in time, and they won't give the money back within the legally mandated time, find out which consumer fraud agency in your area (or Federal Trade Commission if under federal 3 day cancellation notice law) you need to file a consumer fraud or consumer protection violation complaint with.

Answered 1 year ago by LCD

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Answered 1 year ago by Member Services




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