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

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  • JohnnyCache
    replied
    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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  • Doctor X
    replied
    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. . . .

    Leave a comment:


  • Bokfutopher
    replied
    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.

    Leave a comment:


  • Jitsuman
    replied
    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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  • Sam Browning
    replied
    Is there only one Serra academy? Where is it located? Thanks

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  • Jitsuman
    replied
    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.

    Leave a comment:


  • Sam Browning
    replied
    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.

    Leave a comment:


  • Lane
    replied
    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.

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  • kurrimasta
    replied
    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

    Leave a comment:


  • Sam Browning
    replied
    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, .

    Leave a comment:


  • Jay Zarella
    replied
    Originally posted by Samuel Browning
    First I'm not licensed to practice law in California so your demand for me to prove you wrong is Bullshit. I simply can't hop on a plane from Connecticut and represent him there. Secondly no, not everyone cheats on their wife. And even fewer brag about it on the internet as you originally did.

    Next you bring in your service status when I didn't go there, and never have. Its irrelevant to this discussion.

    You simply didn't ask enough questions to provide meaningful advice such as "what was the wording of the contract", "what are you claiming that they didn't do that they were obligated to do" or "how long ago did you walk away from this contract."

    "Now how the fuck are you going to run this by a judge? Dont you think He/She's going to ask "Why were you enrolled for so long"? What happens Westwind countersue's and they lose.......Geez now your in a real jackpot arent you!"

    Almost hidden in this atrocity of the English Language is the question "what is the theory of the case" which you never dug deep enough to find and evaluate. Secondly if the person sues Westwind and wins and Westwind does not want to pay the relevant question is whether 1) California allows bank executions, and 2) whether the person who started this thread knows where West Wind keeps their cash. If they ever wrote him a check for some reason he might know this information. But you didn't ask.

    And your Brown Belt, which post on that thread? Its an epic, while you are gone I will be happy to research the matter or just say the name of the BJJ Black Belt who supposedly awarded your Brown Belt, the year of this award, and the town where he was located and I will find him. Do you have any other claims like you were then using a different name that I should know about?
    The informations there in the JFS Asia thread im not going to run around all over again posting URLs it's a long thread and as you say ample oppurtunity to research it out while im gone. In the meantime:

    Why did it take 16 months for said individual to come forward with a request refund for services not performed properly? That's what the Judge is going to ask! Well im assuming $100 a month though since West Wind from all accounts is a McDojo they probably rooked them out of $3-500 dollars in bullshit charges ie: seminars, Gi etc etc..........Then the person has to specify exactly why they want a judgement for and let me tell you a Judge is going to want alot more then "well i saw it on bullshido so it must be true". There are some things on Bullshido whereas a Judge could look and say "well it sure looks like bullshido to me" You may even be responsible for some of these projects. Im sure most of the people here respect your sleuthing capabilities. I admit some of the shit you've done has had me crackin up so whatever. Opinions, everyones got one ,and this is mine on westwind and i believe im correct.


    Now i have a flight to catch in a few hours. Im simply amazed at how much free time some of the people have here! It's a wonder they ever get out from behind the keyboard and actually train. Whatever, i'll be back in a few months unless we decide to invade Iran. Who knows maybe they'll offer me a better reenlistment package, although i dont see what possibly at this point would "measure up". One more thing i was also a big fan of Sir Arthur Conan Doyle growing up. In fact i own a highly sought after copy of the "Hound of the Baskervilles" UK first edition. So just because someones grammar isnt up to snuff doesnt equate to intellect. That spellcheck police is basically garbage imho.....I really hope you arent going to start travelling down that slippery slope.

    Why dont you join the service we could really use your help ferreting out the shamers every morning at sick call. Hell a guy like yourself would love to hand out a few article 15s to some of the Y gen fuckheads we have running around.

    Leave a comment:


  • Sam Browning
    replied
    I did run the words "brown belt" through the Beast v. Evil Asia thread and found nothing concerning you and such BJJ rank. Care to be more specific?

    Leave a comment:


  • Sam Browning
    replied
    First I'm not licensed to practice law in California so your demand for me to prove you wrong is Bullshit. I simply can't hop on a plane from Connecticut and represent him there. Secondly no, not everyone cheats on their wife. And even fewer brag about it on the internet as you originally did.

    Next you bring in your service status when I didn't go there, and never have. Its irrelevant to this discussion.

    You simply didn't ask enough questions to provide meaningful advice such as "what was the wording of the contract", "what are you claiming that they didn't do that they were obligated to do" or "how long ago did you walk away from this contract."

    "Now how the fuck are you going to run this by a judge? Dont you think He/She's going to ask "Why were you enrolled for so long"? What happens Westwind countersue's and they lose.......Geez now your in a real jackpot arent you!"

    Almost hidden in this atrocity of the English Language is the question "what is the theory of the case" which you never dug deep enough to find and evaluate. Secondly if the person sues Westwind and wins and Westwind does not want to pay the relevant question is whether 1) California allows bank executions, and 2) whether the person who started this thread knows where West Wind keeps their cash. If they ever wrote him a check for some reason he might know this information. But you didn't ask.

    And your Brown Belt, which post on that thread? Its an epic, while you are gone I will be happy to research the matter or just say the name of the BJJ Black Belt who supposedly awarded your Brown Belt, the year of this award, and the town where he was located and I will find him. Do you have any other claims like you were then using a different name that I should know about?
    Last edited by Sam Browning; 4/03/2006 4:46pm, .

    Leave a comment:


  • Jay Zarella
    replied
    Originally posted by Samuel Browning
    Jay, neither of us have enought information at this point to know the precise nature of his claim so saying it is a waste of time is premature. You don't even have the brains to ask the questions that would elicit the information that would either prove or disprove your point. Once again like the time you claimed a Brown Belt in BJJ or talked about cheating on your wife I question your sanity. And yes, fuck you.
    Buddy i proved that claim a long time ago, go check the JFS ASIA thread and it's all there layed out for you. Have i cheated on my wife? Yea doesnt everyone? Do i have a GF yea. Will i cheat on her? Why not? I really dont need to ask any questions because ive been to small claims court and it's up to the person your sueing if they really want to pay you. Can you fuck up there credit sure. If there credits already fucked up why would they care about paying you.

    Now how the fuck are you going to run this by a judge? Dont you think He/She's going to ask "Why were you enrolled for so long"? What happens Westwind countersue's and they lose.......Geez now your in a real jackpot arent you!

    The problem with a dude like yourself is thinking you know everything and IM SORRY you just dont. Are you a lawyer? because it would certainly explain the attitude problem. Wanna know why we have so many problems in this Country? Because people like yourself have twisted and perverted the intent of the law beyond recognition. The insanity thing is just bullshit imho! Everyones insane some more then others besides that life must be really fucking boring running around claiming "Look at me im normal" "shouldnt i recieve an achievement award for this"...........So what does your day consist of bilking people out of money, chasin ambulances down. Are you a criminal lawyer that actually helps people or just another money grubbin bitch, my guess would be the latter.

    The biggest problem im having right now is trying to justify going back overseas, so that people who refuse to open there eyes have a better life. So the next time you step in your Ford Explorer why dont you consider the 4+ Marines who are getting smoked everyday, im not even gonna get into prosthetics and the people coming back home with missing apppendetures. Buddy that's what i care about, not someone trying to get $1600 back from a McDojo. I gave my advice and imho it's the correct advice. You want to help them prepare a legal case well then "hats off to you" and i hope you win. Dont try to turn this into a personal vendetta, I gave my advice and if you dont approve of it "well that's just tough".

    Prove me wrong collect the $1600 and i'll apologize otherwise it's a waste of time. Besides that most of these people who fall for this McDojo shit arent real fighters. That's why they get taken. An arguement can be made that at least there asses are out exercizing instead of sitting home eating food and doing nothing. Westwind i gaurantee will roll in a few students and plenty of written statements to back up any bullshit claims there going to make.

    To the poster who lost the $1600 dont get me wrong, I feel for you but sometimes it's just better to let things go and move on, and this certainly looks like one of them.

    Leave a comment:


  • Sam Browning
    replied
    Originally posted by Jay Zarella
    Sure you can sue the problem is even if you win it's another matter collecting the money. IMHO your out $1600 dollars and small claims court would be wasting your time even further. Think about it this way your going to be pleading your case in front of a judge who probably has no MA training and wouldnt know Bullshido if it was right in front of him. All west wind has to do is bring a few of there "brainwashed students" into court and tell the judge how great the place is. Power of numbers Westwind has it and you dont and the judge is going to probably side with them unless you spend a whole lot of money preparing an airtight case again a waste of time.
    Jay, neither of us have enought information at this point to know the precise nature of his claim so saying it is a waste of time is premature. You don't even have the brains to ask the questions that would elicit the information that would either prove or disprove your point. Once again like the time you claimed a Brown Belt in BJJ or talked about cheating on your wife I question your sanity. And yes, fuck you.

    Leave a comment:

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