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How can I get my refund from West-wind Berkeley?

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    #46
    I searched the word Brown Belt on that thread and a post providing your qualifications does not show up.

    I'll buy anyone other then Jay a supporting membership to Bullshido if they can point out the post on that thread in which Jay provides the full name who awarded him his Brown Belt in BJJ. Full name means a first and last name.

    I'm calling Bullshit on you Jay.

    Edit: I forgot how much trouble Jay has with spelling and found this on post 1205, the word search failed because Jay spelled brownbelt as one word.

    "This isnt a big deal my creds are simple im a machado brownbelt GI trained with leaning toward gracie and Serra jj. I train enough to keep in shape really im working quite a bit so this is hard. Besides this is just a throwdown i'll show you JJ you show me the Katana. No hard feelings"

    then in post 1333 Jay says Jay Zarella is not his real name. To be continued when he comes back from Iraq.
    Last edited by Sam Browning; 4/04/2006 5:45pm, .

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      #47
      thanks for all the replies and information to everyone...even though some of you get caught in funny tangents.

      so far i haven't gone before a judge, mainly because i've been so caught up between school and some other things. i plan to still go forward with the suit. i feel like my case is pretty open and shut. i mean, i signed a contract, fulfilled my duties listed on the contract, and followed the directions to rightfully cancel the contract. plus i gave them months to send me a check, willing to lose 700 out of 1600 bucks just on their cancellation fees. but alas they have been shady, and breached the goodwill of the contract. collecting the money after the ruling [on the assumption i win] will be more of an issue i suppose.
      does anyone know if there is an upper limit to how much time it could take? also, what kind of questions will the judge probably ask?

      thanksss

      Comment


        #48
        Originally posted by kurrimasta
        thanks for all the replies and information to everyone...even though some of you get caught in funny tangents.

        so far i haven't gone before a judge, mainly because i've been so caught up between school and some other things. i plan to still go forward with the suit. i feel like my case is pretty open and shut. i mean, i signed a contract, fulfilled my duties listed on the contract, and followed the directions to rightfully cancel the contract. plus i gave them months to send me a check, willing to lose 700 out of 1600 bucks just on their cancellation fees. but alas they have been shady, and breached the goodwill of the contract. collecting the money after the ruling [on the assumption i win] will be more of an issue i suppose.
        does anyone know if there is an upper limit to how much time it could take? also, what kind of questions will the judge probably ask?

        thanksss
        Have you talked to a lawyer and let him review the contract? If you haven't, I'd suggest doing so. I can't give you any actual legal advice (still a student) but I can tell you that without the professional advice of a lawyer familiar with California contract law you may not know whether or not you rightfully discharged your obligations under the contract or whether you're entitled to a refund.

        A lawyer is the only one who can competently advise you on the manner of collecting a judgment should you prevail in court. Please ask them. Search for Legal Aid in your area if money is a problem; if you're in college, usually your school will provide free advocacy for you in small claims court, but no one here (with the exception of Mr. Browning) can give you actual legal advice.
        --
        L.

        Comment


          #49
          Mantis could as well, since he's licensed in Ohio.


          Any California lawyer will ask to see the text of the contract you signed, and I do not know what you mean when you say goodwill. The proper language would involve breaching the conditions of the contract.

          Any contract has an offer, an acceptance, and consideration. (in this case money) Your goal would be to prove that 1) the contract has provisions for cancelation. and 2) via your own testimony you will show that they did not live up to its provisions and you did. I would bring in a copy of the relevant documents showing payment and how you notified them of cancelation. Please go talk to a local lawyer as soon as possible. If you are a college student your college may even have corporate counsel that would be willing to speak to a student. Otherwise any family friends who are lawyers may be helpful.

          Comment


            #50
            Originally posted by Samuel Browning
            I searched the word Brown Belt on that thread and a post providing your qualifications does not show up.

            I'll buy anyone other then Jay a supporting membership to Bullshido if they can point out the post on that thread in which Jay provides the full name who awarded him his Brown Belt in BJJ. Full name means a first and last name.

            I'm calling Bullshit on you Jay.

            Edit: I forgot how much trouble Jay has with spelling and found this on post 1205, the word search failed because Jay spelled brownbelt as one word.

            "This isnt a big deal my creds are simple im a machado brownbelt GI trained with leaning toward gracie and Serra jj. I train enough to keep in shape really im working quite a bit so this is hard. Besides this is just a throwdown i'll show you JJ you show me the Katana. No hard feelings"

            then in post 1333 Jay says Jay Zarella is not his real name. To be continued when he comes back from Iraq.
            Just to help you out (not that you need it) but Jay is certainly not a brown belt at the Serra academy. If he were, I would most certainly know.

            Comment


              #51
              Is there only one Serra academy? Where is it located? Thanks

              Comment


                #52
                There are 2. 15 minutes apart from eachother on Long Island. One is located in Huntington, the other in East Meadow.

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                  #53
                  I used to study kenpo with them in 1994 and ended up teaching for them for 2 years. I severed my relationship with them in 2003. Unless they totally changed the contracts, the one loop hole that it used to have was for moving. If you tell them that you are moving and it is too far to drive, like 50 miles or more, they used to let people out of their contracts. It is really hard to get out of their contracts, for any other reason. I dont know all the legal aspects of this, but I can speak from experience. I did not see any body get out of their contracts for any other reason. If you paid and you cant get the money back you might as well use your lessons, get your moneys worth, and after your final lesson RUN and I mean RUN from West Wind Schools as fast as you can. At least that way they dont get your money for nothing.

                  Comment


                    #54
                    Normally I am not big into . . .

                    :eatbabies t3h D34dly Thr34d N3crom4ncy!!!:eatbabies

                    but it is the right place, and it was fun to read Samuel/Ninja Claus verbally kicking someone's ass.

                    --J.D.

                    P.S. Welcome to Bullshido!

                    P.P.S. Two drink minimum. . . .
                    Why yes, I still have sand in my vagina! It is because I am a lying cowardly child who got buttfucked by MEANIE Doctor X! I also do not know the Latin and it makes me cry!!--Phrost

                    Comment


                      #55
                      If we're going to pick old scabs, I think Jay Zarella is actually back from Iraq and visting once in a while now.

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