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

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

    hey guys,


    i wish i had seen this forum before enrolling at west-wind, but oh well. i signed up for a 16-week trial program for $1600 in october. After two weeks of training I requested a refund and de-enrolled from the school. till this day they have been giving the weirdest run-around why they can't pay my refund. at first they said wait till november, then till january when i'll get it "for sure." now apparently there are 12 people ahead of me to get a refund and they are using all their resources to pay their rent. it's all a bunch of lies, and a shit-poor organization. It seems like I might have to take a legal route sometime soon...


    can anyone offer me advice to get my money back?



    thanks

    #2
    Take them to small claims court. Did you read the contract before you signed it? You might be out of money if you did not use certified mail to send them your requests as well as document sending them those particular documents.







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      #3
      take them to court - check to see if one of the local news channels has an "on your side" program and get them involved... I seem to remember it being channel 5 for some odd reason in the bay area but its been almost 7 years since the last time I lived there so I'm probably way way off...

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        #4
        channel 7 on youur side actually
        "Its not important to be strong, its just important not to be weak."

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          #5
          This is why LONG term contracts are not a good idea, for the consumer that is. Hell I bitch about cell contracts and now my ISP wants a one year commitment. You don't know how well the service will be and they want you to commit to for a long time!!!

          Anyways maybe one of the Legal types on the board can give you some advice.
          ______
          Xiao Ao Jiang Hu Zhi Dong Fang Bu Bai (Laughing Proud Warrior Invincible Asia) Dark Emperor of Baji!!!

          RIP SOLDIER

          Didn't anyone ever tell him a fat man could never be a ninja
          -Gene, GODHAND

          You can't practice Judo just to win a Judo Match! You practice so that no matter what happens, you can win using Judo!
          The key to fighting two men at once is to be much tougher than both of them.
          -Daniel Tosh

          Comment


            #6
            Originally posted by kurrimasta
            hey guys,


            i wish i had seen this forum before enrolling at west-wind, but oh well. i signed up for a 16-week trial program for $1600 in october. After two weeks of training I requested a refund and de-enrolled from the school. till this day they have been giving the weirdest run-around why they can't pay my refund. at first they said wait till november, then till january when i'll get it "for sure." now apparently there are 12 people ahead of me to get a refund and they are using all their resources to pay their rent. it's all a bunch of lies, and a shit-poor organization. It seems like I might have to take a legal route sometime soon...


            can anyone offer me advice to get my money back?



            thanks
            OK, wait a second. First of all, did you SERIOUSLY pay $1600 for 16 WEEKS? Is there a typo in there somewhere?

            Anyway... The main issue you need to tell us before you can get advice is "Why did you leave?" That's the question his attorney and anyone hearing the case will ask. Also, you really need to give us some info on the contract. Did it have a clause describing how you could be released from any financial obligations? Did you follow those obligations? I'm not intimately familiar with California law; I practice in PA (And there are a few people here on Bullshido who can vouch for me, including Matt Bernius). But if you didn't read the fine print and just decided to stop going, you should probably count yourself lucky the school hasn't decided to take you to court for breach of contract.

            If you give the requested info, some of us may be able to give a better opinion.

            Comment


              #7
              Please print a full copy of the contract language here.

              Comment


                #8
                Whatever happens,write it up for Bullshido if you can (after the legal smoke has cleared).it would be a good follw up to Bunyip's piece.
                "You know what I like about you, William? You like guns AND meditation."

                Comment


                  #9
                  Everytime I go by one of those west wind schools, I want to yell-" run for your lives", having beem a former member. But no way was it nearly as expensive as it is now, on even adjusted for inflation. good luck in court- I'm sure their contracts are iron clad, though.
                  "Coffee is for Closers" GlenGarry Glenross

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                    #10
                    Holy hell, $400 a month? What do they teach you there?? How to use martial arts to rob a bank?? If thats the case, you found the right teachers.

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                      #11
                      Take them to court. They have been sued a number of times in Alameda, Contra-Costa, and Solano counties. They have not once showed up in court, so you will automatically win.

                      You will probably have to hire someone to serve them their papers, as they generally try to avoid any acceptance of court documents.

                      If you need help figuring out exactly who to serve, or where to potentially send papers, just let me know. I know the names and the haunts.

                      Comment


                        #12
                        thanks for the replies.


                        When i de-enrolled i followed all the contract's instructions, which included sending all necessary documents via certified mail to their CORE office. I have receipts of the certified mail and the contracts, payments etc. i also went to their office one day and got the sensei to sign a form stating that i only received two weeks of training, because i anticipated this shit. im pretty sure i stayed within all the contracts bounds, and i hope this clarified things. im going to withold from pasting the contract verbatim until the legal dust settles.

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                          #13
                          Which sensei signed this for you? If for some strange reason you feel uncomfortable writing their whole names, use initials, I will know who it is.

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                            #14
                            I am not a lawyer.

                            For anything under $5000 (in California) you can go to small claims court.

                            They don't allow people to bring laywers in to speak, each person gets one shot to state their case, and that's it. It helps to bring notes (for the speech) and any evidence.

                            I don't like to think of myself as particularly litigious, but I've found satasfaction there on a couple of occasions, having a hard time finding honest roomates, landlords, and (yes, for shame) girlfriends in this happy little world.

                            My biggest caution on the process: appearance won my two of three cases, over reaching may have lost my third (I was, of course, right).

                            If they never appear (as Beka says) they lose, so keep in mind this: losers have to pay court costs (not much, actually, but still) and there are cheap, horrid ways of having the summons served (last time I checked you could trouble the Napa Sherrif's Dept. to do it for less than $15 in some cases).

                            Cheers!

                            //edit: and by "appearance" I mean: my opponants showed up looking shoddy.
                            Last edited by Somerreign; 1/17/2006 4:22am, . Reason: addendum

                            Comment


                              #15
                              I wonder if some kind of voodoo sacrifice might help.
                              Monkey Ninjas! Attack!

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