Comments on: Contracts With Rogers http://www.dryfly.ca/blog/2009/06/19/contracts-with-rogers.html where the fishing is always good. Mon, 19 Dec 2011 03:57:00 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: sluggo http://www.dryfly.ca/blog/2009/06/19/contracts-with-rogers.html/comment-page-1#comment-71795 sluggo Sat, 27 Jun 2009 16:42:22 +0000 http://www.dryfly.ca/blog/?p=746#comment-71795 How does a person determine the appropriate person/position to send the letter to? How does a person determine the appropriate person/position to send the letter to?

]]> By: mulch http://www.dryfly.ca/blog/2009/06/19/contracts-with-rogers.html/comment-page-1#comment-72420 mulch Sat, 27 Jun 2009 00:07:04 +0000 http://www.dryfly.ca/blog/?p=746#comment-72420 I am officially firing that deabbeat Dhillon and hiring you as my legal cousnel. I am officially firing that deabbeat Dhillon and hiring you as my legal cousnel.

]]> By: Graeme http://www.dryfly.ca/blog/2009/06/19/contracts-with-rogers.html/comment-page-1#comment-71409 Graeme Sun, 21 Jun 2009 00:53:53 +0000 http://www.dryfly.ca/blog/?p=746#comment-71409 Assumsit contracts (contracts that are forced upon you without your knowledge or consent) have been illegal for centuries - since around the time of the Magna Carta. Don't bother calling and trying to talk to managers, that doesn't really give you any thing you can use against them and almost certainly will not get you the results you want. Put your time to good use and write them a letter instead. Deny any knowledge of the existence of a contract. State that you will be happy to fulfill any and all obligations upon their producing a copy of contract you supposedly entered into. Give them 30 days from the date of receipt to do so. State that if they fail to produce the contract within that time they will be considered to have vacated their position: Qui tacet consentire videtur - he who does not object, consents. That is a legal maxim and will hold up in any court. Advise them to send any and all correspondence via registered mail and that they alone are responsible for ensuring that their correspondence to you arrives within the specified time frame. Be reasonable and give them every opportunity to prove their position. State that if they are unable to produce a written contract, they may respond in writing within the 30 day time period to request additional time in order to produce voice tapes that prove your verbal consent over the phone and that upon such a request, an additional 30 or 60 or 90 days, whatever you think is fair, will be granted. Remember, your stance is that there is no contract so don't be pushed around by them - you are in control of the situation so you dictate the terms, not them. Be firm. State that if they are completely unable to prove the existence of any contract then they are to cease sending you any bills pertaining to that supposed contract. State that any and all future bills sent will be used as forensic evidence of extortion should they wish to pursue action against you, either in court or through collections. Keep a copy of the letter for yourself and send the original via registered mail. That way you will be able to prove receipt, and the exact date of receipt. Unless they can produce the contract, you got them by the short and curlies. You will probably never hear from them again. Think about it: if they can't prove existence of a contract to you, they won't be able to prove it to a court either and the burden of proof is always on the plaintiff. Should they bypass court and refer you directly to collections, you can turn around and sue them for harassment. With all your paperwork, the burden of proof is no problem for you and you will be sustain your claim. Though, as above, you will probably never hear from them. Assumsit contracts (contracts that are forced upon you without your knowledge or consent) have been illegal for centuries – since around the time of the Magna Carta. Don’t bother calling and trying to talk to managers, that doesn’t really give you any thing you can use against them and almost certainly will not get you the results you want.

Put your time to good use and write them a letter instead. Deny any knowledge of the existence of a contract. State that you will be happy to fulfill any and all obligations upon their producing a copy of contract you supposedly entered into. Give them 30 days from the date of receipt to do so. State that if they fail to produce the contract within that time they will be considered to have vacated their position: Qui tacet consentire videtur – he who does not object, consents. That is a legal maxim and will hold up in any court. Advise them to send any and all correspondence via registered mail and that they alone are responsible for ensuring that their correspondence to you arrives within the specified time frame.

Be reasonable and give them every opportunity to prove their position. State that if they are unable to produce a written contract, they may respond in writing within the 30 day time period to request additional time in order to produce voice tapes that prove your verbal consent over the phone and that upon such a request, an additional 30 or 60 or 90 days, whatever you think is fair, will be granted. Remember, your stance is that there is no contract so don’t be pushed around by them – you are in control of the situation so you dictate the terms, not them.

Be firm. State that if they are completely unable to prove the existence of any contract then they are to cease sending you any bills pertaining to that supposed contract. State that any and all future bills sent will be used as forensic evidence of extortion should they wish to pursue action against you, either in court or through collections.

Keep a copy of the letter for yourself and send the original via registered mail. That way you will be able to prove receipt, and the exact date of receipt. Unless they can produce the contract, you got them by the short and curlies.

You will probably never hear from them again. Think about it: if they can’t prove existence of a contract to you, they won’t be able to prove it to a court either and the burden of proof is always on the plaintiff.

Should they bypass court and refer you directly to collections, you can turn around and sue them for harassment. With all your paperwork, the burden of proof is no problem for you and you will be sustain your claim. Though, as above, you will probably never hear from them.

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