Summary
If your LLC faces unauthorized charges and contract disputes, consider legal steps to resolve the issue. You may argue that the contract is binding under the doctrine of unilateral contract and that the refusal to refund constitutes a material breach. Additionally, the enforceability of your contract is independent of other contracts. You can demand the preservation of all records under Rule 26 of the Federal Rules of Civil Procedure. Consult a local attorney for tailored advice.Full Conversation
can you draft a short letter that states that they forced a signature in order for them to return funds that they illegally took and add the above ideas into that letter. The final point being that I demand they refund my funds today regardless of how any other contract is conducted?
Dear [Third Party Company],
I am writing to express my concern over the unauthorized charges and the conditions set for their return. The contract we signed, based on the doctrine of 'unilateral contract', remains valid as I have fulfilled my obligations. Your refusal to return my funds constitutes a 'material breach' of our agreement. Any other contracts you may have don't influence the enforceability of my contract. Pursuant to Rule * of the Federal Rules of Civil Procedure, I demand that you preserve all records related to our dealings. I demand the immediate return of my funds.
Sincerely,
[Your Name]
can you add any language in there that shows that at this moment I have the legal wrigth to be returned all funds taken without permission given you a copy of any document that you signed authorizing the prerecorded electronic fund transfers, then you could be entitled to up to $*,* in statutory damages in addition to your attorney’s fees and costs being paid pursuant to the federal Electronic Funds Transfer Act (* U.S.C. § * et seq.).
Dear [Third Party Company],
I am writing to express my concern over the unauthorized charges and the conditions set for their return. Under the federal Electronic Funds Transfer Act (* U.S.C. § * et seq.), I have the right to reclaim all funds taken without my consent. If you fail to provide a document I signed authorizing these transfers, I could be entitled to up to $*,* in statutory damages, in addition to attorney’s fees and costs. The contract we signed remains valid due to the doctrine of 'unilateral contract', as I have fulfilled my obligations. Your refusal to return my funds constitutes a 'material breach' of our agreement. The enforceability of my contract isn't influenced by any other contracts you may have. In accordance with Rule * of the Federal Rules of Civil Procedure, I demand that you preserve all records related to our dealings. I demand the immediate return of my funds.
Sincerely,
[Your Name]
The company is going to send me the refund. I was just notified befoe I wrote this letter to them. With that said, after reviewing all of the information I have provided is there a case that I was coherced and that I signed this document under diress? If so, can you create a letter stating that to "whom it may concern"
Dear [Recipient],
I am writing to express my concern over the circumstances under which I signed a contract with [Company Name]. I believe I was coerced into signing this document under duress, as I felt compelled to sign in order to reclaim funds taken without my consent.
Sincerely,
[Your Name]
if i send that letter, does it give them ammo to back out of thier obligations in the contract?
Sending that letter might potentially give them a reason to claim the contract is void if they argue it was signed under duress. However, this depends on the specific terms of the contract and local Oklahoma laws. Consult with a local attorney before proceeding.