Do i need a lawyer? Hexagram 21 2.3.4.6 > Hex 11

catbrown · Aug 4, 2011

HI everyone, I have a client who has pre-paid a session with me and has now cancelled.
I offered to credit her to another session if she wanted to change times - but she says she wants a refund although my terms and conditions say no refund if the client cancels - and now she is threatening me with lawyers. I asked the IC what the best way to resolve the issue and received Hexagram 21 2.3.4.6 > Hex 11 ....
ok, so the good part is the resolution looks like peace, but I'm a little confused by each of the moving lines? Do you have any suggestions.
Thank you, I'm really really stressed about this.

steve · Aug 4, 2011

Hi Yes
The main thing is did they sign the terms and conditions from a legal point of view. I mean you just need to watch Judge Judy and a contarct is a contract
I think the yi is advisng you to stick to your policies I think personally that this person is difficult and this possibly isnt the first time they have done this sought of thing . If someone signs something most people know there is not much hope of a refund
Someone is not listening at all here and I tend to think that it is the person you speak of as it appears you are being amicable by offering an alternative session. Are they becoming Irrate??. I think this is the case or are they quietly suggesting lawyers i get the image of a person that simply cant be pleased.
I would possibly get legal advise but maybe not go so far as to HIRE a lawyer however I also get an image of an upleasant person but at the end of the day if they signed well thats it I am afraid. I mean if this is standard paperwork for your business. In my business I have the same policy I have had people say that and I just ignore it I mean I respond to them but I am confident in my paper work.
Good luck keep me posted be interested in seeing what happens

Steve

icastes · Aug 4, 2011

21 is favorable for invoking the law. The issue is very simple: What does the law say. If the law is on your side, you will have no problem. If it isn't, then you will lose. 21 is good for you. Be defiant and strong, but be prepared to compromise or settle and 11 will work for you.

steve · Aug 4, 2011

Yes well said I noticed that in 21
one is the punisher the other punishee so i can see what you are saying in the right or wrong aspect in the eyes of the law

Steve

catbrown · Aug 5, 2011

HI Steve and icastes .... this is my big problem. She did not sign my contract! I sent her the terms and conditions and contract at the outset of our business relationship and instead of filling them in and sending them back, she just said she wanted to book me and made the payment for the service, and I hadn't gotten around to chasing up the paperwork when she cancelled 4 months later.
I had taken two other bookings for the day but turned them both down because of her booking, so now I've lost them and she's being very difficult.
My terms and conditions say that payment is non-refundable if she cancels the booking.
She's threatening me with legal action, and going to the media etc etc "my sister in law is a reporter and she thinks it's unfair and will do a story on your business being bad..."
It's a really challenging situation.
I just asked the IC again what would be the outcome if I don't pay her in the 10 days she is saying I have to, and i received 26 4.6 > 34 .... what do you think guys??

cris · Aug 5, 2011

Catbrown,

can your terms and conditions be considered vexatory under your local laws? If they are not they may not need an explicit acceptance and your client may have agreed to them simply by making the payment for your services. You could consult a free legal advisor, maybe one of your memberships (e.g. credit cards, trade associations) includes this service (we never know until we need it desperately!). In the country where I live, getting a lawyer to merely send a damn letter costs money - how much can one of your sessions possibly be to get to the point of involving lawyers? And even more, to be of public relevance for the media??

Sorry - completely unrelated to your reading, but these questions come to mind. If I were in your shoes I would consider the matter from an objective standpoint first. If your client has legal grounds to her claim you may want to try and find an amicable solution (giving back only a portion of the fee, offering discounts on other services, etc.) or under the worst circumstances adhere to her request. If she doesn't, I would think she's simply playing tough by threatening you but would have no way to start a legal action.

Hope this helps...

cris · Aug 5, 2011

And FWIW, I think the last casting you tossed couldn't be more reassuring. It encourages you to litterally keep firm in your position and refuse the claim (line 4). Success should be ensured (line 6 and hex 34!).

Good luck

but don't forget that the final decision is as always only yours...

steve · Aug 5, 2011

I could add maybe get some legal advice for your own comfort, but I am pretty sure if they accepted the paperwork then PAID the fee then that is a contract. A contract in most western countrys is simply a verbal aggreement. The paper work is there to cement what is said, this isnt simply your word against theirs. If they paid the fee then you would assume they read the contarct. If it does go to court and you are found to be in the right then reporter friend would be liable for business lost. Also that is verging on black mail seriously. Its an attack on your lively hood this person sounds foolish and this to me just sounds like a case of buyers remorse, 4moths is getting a bit tired also
So like i said in the begining just stick to the facts & policys

Steve

icastes · Aug 6, 2011

If she didn't sign a contract, then there is only a verbal agreement under the basic terms and agreements that were understood before a contract was signed. I think you are perfectly in good stead not to give a refund, and I wouldn't be afraid of her going to a reporter, especially one that is a relative. If anything, that has a very extortive character to it, and can be very well countered. Play hard ball.

catbrown · Aug 6, 2011

Thanks you guys .... I will keep you posted on what happens. I really, really appreciate your input and support

steve · Aug 6, 2011

One last thing is there anyway to get free legal advice, you can in Australia this might just solve the whole issue.

Steve

cris · Aug 14, 2011

So have there been any improvements?

...life can be translucent

Do i need a lawyer? Hexagram 21 2.3.4.6 > Hex 11

catbrown

visitor

steve

visitor

icastes

visitor

steve

visitor

catbrown

visitor

cris

visitor

cris

visitor

steve

visitor

icastes

visitor

catbrown

visitor

steve

visitor

cris

visitor