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楼主 / Caribou
- 时间: 2010-9-18 13:10基本情况：
去年6月被电话call 去 downtown 听一个 有关 xxx 的介绍， 在那里被 sales 忽悠地签了合同，买了xxx 计划，今年7月一用才发现有很多与介绍不符的地方，每年有很多收费的，订住的时候还要交各种费，订房也不方便，才知道受骗了。已向BC小额法庭立案告该公司， 下月法庭调解。我没请律师。
在网上看到有其他受害人也在告这家公司。我联系了一下，他们有六个人，年初请了个律师， 要到明年一月开庭，律师不预收费，打赢后收25%。
主要有以下的基本事实供讨论：
1. 起诉时已是签了合同的第13个月。有无时效问题。
2. 被忽悠的度假计划， sales 的描述与实际有很多不符。卖的时候说一年交400元的管理费，可实际一年下来交了近千元的管理费，memeber费。 订的时候还要交200左右的 transfer费,住完结帐的时候还要交清洁费。 卖的时候不让看合同， 只是讲。 到同意买的时候才把合同拿出来让你签， 厚厚的合同很难一下看明白。所以， 我认为这不是一个 fare trade.
3. 在他给我的是合同的复印件， 在这复印件上， 很多内容被覆盖了， 没印出来。 象公司名称地址，还有 timeshare 合同必须的“ 如何10天内无条件 cancel 合同” 都没有在我的合同复印件中出现。所以我拿到的是一份不完整的合同。
www.bclaws.ca/EPLibrar...2_02#part2
Division 2 — Direct Sales, Future Performance and Time Share Contracts
Required contents
19 A direct sales contract, future performance contract or time share contract must contain the following information:
(a) the supplier's name and, if different, the name under which the supplier carries on business; <-----My contract copy did not has this part!!!
(b) the supplier's business address and, if different, the supplier's mailing address; <-----My contract copy did not has this part!!!
(c) the supplier's telephone number and, if available, facsimile number; <-----My contract copy did not has this part!!!
(d) the date on which the contract is entered into;
(e) a detailed description of the goods or services to be supplied under the contract;
(f) an itemized purchase price for the goods or services to be supplied under the contract;
(g) other costs payable by the consumer, including taxes and shipping charges;
(h) if any customs duties, brokerage fees or other additional charges that may apply to the contract cannot reasonably be determined by the supplier, a description of those charges;
(i) a detailed statement of the terms of payment;
(j) the total price under the contract, including the total cost of credit;
(k) if applicable, a description and dollar value of any trade-in;
(l) if credit is extended or arranged by the supplier, a description of the subject matter of any security interest in accordance with Part 5 [Disclosure of the Cost of Consumer Credit];
(m) a notice of the consumer's rights of cancellation, in the prescribed form and manner, if any; <-----My contract copy did not has this part!!!
(n) any other restrictions, limitations or other terms or conditions that may apply to the supply of the goods or services;
(o) any other prescribed information.
www.bclaws.ca/EPLibrar...2_02#part2
Part 2 — Unfair Practices
Division 1 — Deceptive Acts or Practices
Deceptive acts or practices
4 (1) In this Division:
"deceptive act or practice" means, in relation to a consumer transaction,
(a) an oral, written, visual, descriptive or other representation by a supplier, or
(b) any conduct by a supplier
that has the capability, tendency or effect of deceiving or misleading a consumer or guarantor;
"representation" includes any term or form of a contract, notice or other document used or relied on by a supplier in connection with a consumer transaction.
2) A deceptive act or practice by a supplier may occur before, during or after the consumer transaction.
(3) Without limiting subsection (1), one or more of the following constitutes a deceptive act or practice:
(a) a representation by a supplier that goods or services
(i) have sponsorship, approval, performance characteristics, accessories, ingredients, quantities, components, uses or benefits that they do not have,
(ii) are of a particular standard, quality, grade, style or model if they are not,
(iii) have a particular prior history or usage that they do not have, including a representation that they are new if they are not,
(iv) are available for a reason that differs from the fact,
(v) are available if they are not available as represented,
(vi) were available in accordance with a previous representation if they were not,
(vii) are available in quantities greater than is the fact, or
(viii) will be supplied within a stated period if the supplier knows or ought to know that they will not;
(b) a representation by a supplier
(i) that the supplier has a sponsorship, approval, status, affiliation or connection that the supplier does not have,
(ii) that a service, part, replacement or repair is needed if it is not,
(iii) that the purpose or intent of a solicitation of, or a communication with, a consumer by a supplier is for a purpose or intent that differs from the fact,
(iv) that a consumer transaction involves or does not involve rights, remedies or obligations that differs from the fact,
(v) about the authority of a representative, employee or agent to negotiate the final terms of a consumer transaction if the representation differs from the fact,
(vi) that uses exaggeration, innuendo or ambiguity about a material fact or that fails to state a material fact, if the effect is misleading,
(vii) that a consumer will obtain a benefit for helping the supplier to find other potential customers if it is unlikely that the consumer will obtain the benefit,
(viii) that appears in an objective form such as an editorial, documentary or scientific report if the representation is primarily made to sell goods or services, unless the representation states that it is an advertisement or promotion, or
(ix) to arrange for the consumer an extension of credit for a fee, unless the fee is deducted from the advance, as defined in section 57 [definitions];
(c) a representation by a supplier about the total price of goods or services if
(i) a person could reasonably conclude that a price benefit or advantage exists but it does not,
(ii) the price of a unit or installment is given in the representation, and the total price of the goods or services is not given at least the same prominence(突出), or
(iii) the supplier's estimate of the price is materially less than the price subsequently determined or demanded by the supplier unless the consumer has expressly consented to the higher price before the goods or services are supplied;
(d) a prescribed act or practice.
Prohibition and burden of proof
5 (1) A supplier must not commit or engage in a deceptive act or practice in respect of a consumer transaction.
(2) If it is alleged that a supplier committed or engaged in a deceptive act or practice, the burden of proof that the deceptive act or practice was not committed or engaged in is on the supplier.
还有这两个文件， 是ALBERTA 省的，BC 没有单立 act, 但有类似的bill。
Unfair_Practices_the_Fair_Trading_Act.pdf：
www.servicealberta.ca/...ng_Act.pdf
timeshare-act.pdf： http://www.westca.com/Forums/posting/mode=newtopic/f=134/lang=schinese.html -
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- 时间: 2010-9-18 13:15
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- 时间: 2010-9-18 13:50
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- 时间: 2010-9-18 14:00
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- 时间: 2010-9-18 15:54
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- 时间: 2010-9-18 18:161)Small Claims Court, with a claims limit of up to $25,000, (limit varies by province)
2)Getting a judgement is fairly easy. Collecting is an entirely different story.
如何准备:
YOUR HOMEWORK INVOLVES: In order to successfully sue in Small Claims Court in your province, you must do your homework. You need to look at the rules concerning procedures for filing claims, defences, and counterclaims. You must meet the stipulated time limits, obey the rules for service and proof of service of documents. You will need to know a little about default judgements and proceedings. Usually there will be a pre-trial conference which may lead to an offer to settle. A rejected offer to settle will have cost consequences at trial.
You need to have all your evidence available at trial. Read up on trial procedures (watch Judge Judy for tips). You will also need some understanding of what costs you can ask for, the reimbursement of costs, and the enforcement of judgments and orders.
Small claims trials are adversarial in nature which means that there will be a winner and a loser. Judges usually permit very informal procedures and take an active role in questioning the parties to get to the facts. Judgments are awarded on the balance of probabilities.
看,就是赢了也拿不到钱:
If I win my case, am I guaranteed to get my money?
Unfortunately, no. The court can give you tools you can use to collect your money - such as a payment hearing or a garnishing order. In the most extreme cases, when someone deliberately ignores a court order, a judge can send a debtor to jail. But some people will not pay and some cannot.
我早遇到过好几个老油条了
It is frustrating to spend time and money to prove a claim in court and then still be unable to collect what is owing to you. If you are thinking about making a claim in small claims court - or in any court, for that matter - you should first consider what your chances are of collecting, if you should win.
所以,刚才我提及的,欠你钱的公司的银行帐号信息,你拿到手很要紧
帮你查了查,时效问题.中国,我知道是二年.但这两年是可以更新的,即,你有证据证明你一直在问他追讨最后那一日起的二年.这里,只找到这个:
If a notice of claim has not been served within 12 months after it was filed it expires, but the claimant may apply to have it renewed (see Rule 16 (3)).
有网站供你参考:
www.bclaws.ca/EPLibrar...261_93_00b
www.ag.gov.bc.ca/court...hat_is.htm
俺是坏人,俺现在只相信拳头里面有真理.
祝LZ好运,也期待这次您遇到的是只初鸟
等您的好消息 -
- 时间: 2010-9-18 18:20
election 写道:提醒一下LZ,动作要快,以下几种情况,就算你赢了官司,可还是拿不到钱:
1公司宣布倒闭,换手
2就算在法庭你赢了,他可以和你讲数;可以半价打折.可以分期付款,然后拖一阵,把帐号关了,钱转移了.法庭不负责帮你去查他的银行帐号
3有种公司是在美国/加国租用一个邮箱注册的,要换个名字,分分秒秒
4俺现在比较强悍,----你知道我采取的方法了吧 当然手段也要讲究,软的硬的都要同时上
5 如果钱数不是太大,最好的办法是选择遗忘
1. 这公司在 Vancouver 也有几年的历史了， 不会一下倒闭 ， 会也没啥, 免了交它的 member fee (它是 RCI member， 我还要交 RCI 的member fee) 。
4. 我不知道你的强悍方法。
5. 能赢最好。$1.4万。 最坏的情况是钱拿不回来。就像现在这样。遗忘，我也认了。
真实案例： Timeshare 合同的法律问题----要去BC小额法庭了。。。
