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PrincessP
Big sister!!!!!!!!!!
Member since 12/05 17450 total posts
Name:
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Re: Kinda wedding related...???
Posted by prncssrachel
Make SURE they have not booked your date yet and are just telling you they haven't. I would have someone call and say they are interested in that date adn see what they say. I am always so skeptical of these places.
Good thinking! Could you imagine!!!
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Posted 12/28/05 10:08 AM  |
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BaroqueMama
Chase is one!
Member since 5/05 27530 total posts
Name:
me
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Re: Kinda wedding related...???
Posted by PrincessP
Posted by prncssrachel
Make SURE they have not booked your date yet and are just telling you they haven't. I would have someone call and say they are interested in that date adn see what they say. I am always so skeptical of these places.
Good thinking! Could you imagine!!!
I trust NO ONE when it comes to my money!
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| Posted 12/28/05 10:10 AM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: Kinda wedding related...???
Presumed means that it's a given (without evidence needed) that they will rebook the date. According to the law 6-months is Enough time of notice. The law is ABOVE what the contract states. So should get your money back 100% (less the $100 as required by law of course).
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| Posted 12/28/05 10:15 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
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<3 Mommy <3
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Re: Kinda wedding related...???
Posted by Elbee
Presumed means that it's a given (without evidence needed) that they will rebook the date. According to the law 6-months is Enough time of notice. The law is ABOVE what the contract states. So should get your money back 100% (less the $100 as required by law of course).
Yea....thats how I interpreted it...but there telling me Im wrong
I tried to contact the number on the law website...and they said they couldnt help me!
Grrr.... what do I do?
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| Posted 12/28/05 10:23 AM |
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Cheryl
Horray for 3 boys!!
Member since 5/05 2354 total posts
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Mikey, Greg & TJ's Mommy
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Re: Kinda wedding related...???
Don't give up hope yet Marissa!!!
With Christmas & Hanukkah and New Years right now... SOOO many people are getting engaged.
I'm sure someone will pick up the date-- esp if it's May!!!
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| Posted 12/28/05 10:28 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
Posted by Cheryl
Don't give up hope yet Marissa!!!
With Christmas & Hanukkah and New Years right now... SOOO many people are getting engaged.
I'm sure someone will pick up the date-- esp if it's May!!!
It dosent matter if they rebook or not...according to this law they HAVE to give it back....
I just dont know how to enforce it!
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| Posted 12/28/05 10:29 AM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: Kinda wedding related...???
Posted by Princessmaris
Grrr.... what do I do?
Small Claims Court FAQ's
Small Claims Court Complaint Form
Guide to Small Claims Court in Suffolk County, NY
QUICK OVERVIEW Read the appropriate section in this book for detailed information.
* You must be 18 or over to sue
* Sue for money only - up to $5000
* Only an individual claimant can sue, however...
**** A partnership may bring a lawsuit in Small Claims Court in SUFFOLK County District Court.
* Simple form available at clerk's office. State your name, address, reason for suit, amount, who you want to sue (defendant), and defendant's address.
* Fee is $15 for claims up to $1000 - - $20 for claims up to $5000
* Clerk will give you a court date and notify the defendant. Court starts at either 9:30 a.m. or 6:00 p.m. in SUFFOLK County
* If the defendant can't be served by mail, the clerk will give you additional instructions
Message edited 12/28/2005 10:33:11 AM.
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| Posted 12/28/05 10:31 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
Posted by Elbee
Posted by Princessmaris
Grrr.... what do I do?
Small Claims Court FAQ's
Small Claims Court Complaint Form
Guide to Small Claims Court in Suffolk County, NY
QUICK OVERVIEW Read the appropriate section in this book for detailed information.
* You must be 18 or over to sue
* Sue for money only - up to $5000
* Only an individual claimant can sue, however...
**** A partnership may bring a lawsuit in Small Claims Court in SUFFOLK County District Court.
* Simple form available at clerk's office. State your name, address, reason for suit, amount, who you want to sue (defendant), and defendant's address.
* Fee is $15 for claims up to $1000 - - $20 for claims up to $5000
* Clerk will give you a court date and notify the defendant. Court starts at either 9:30 a.m. or 6:00 p.m. in SUFFOLK County
* If the defendant can't be served by mail, the clerk will give you additional instructions
Is there a phone number I can call...I really just wanna make sure Im interpreting this law correctly!
I think they might have over 5grand
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| Posted 12/28/05 10:35 AM |
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PrincessP
Big sister!!!!!!!!!!
Member since 12/05 17450 total posts
Name:
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Re: Kinda wedding related...???
I would file your suit now...not after the wedding date. Go to small claims court. There is one in patchogue on main street I believe. BUT for now send them a certified letter stating u want your money back. This will show the court that you attempted to make things right.
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| Posted 12/28/05 10:37 AM |
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PrincessP
Big sister!!!!!!!!!!
Member since 12/05 17450 total posts
Name:
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Re: Kinda wedding related...???
one more thing to add... I would also call the newspaper and tell them how your wedding was cancelled bc your father is in Iraq and this catering hall wont give u back your money. thats not a bad news story.
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| Posted 12/28/05 10:39 AM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: Kinda wedding related...???
* LAWS OF SUFFOLK COUNTY, NEW YORK, v71 Updated 10-20-2005
* PART IV REGULATORY LOCAL LAWS (Chapters 201 -- 500)
* Chapter 237, CATERERS
[HISTORY: Adopted by the Suffolk County Legislature 5-26-1987 by L.L. No. 20-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Consumer protection -- See Ch. 249.
§ 237-1. Legislative findings and intent.
A.The Legislature finds that the Suffolk County Department of Consumer Affairs has received numerous complaints from consumers about catering contracts. These contracts are very often executed long in advance of affairs, at the urging of caterers, to avoid scheduling disappointments.
B.The Legislature further finds that, upon the execution of such a contract, a consumer is required to make an initial payment and may be required to make periodic payments thereafter.
C.The Legislature further finds that those who cancel catering contracts, in most instances, do so for legitimate reasons. The major area of consumer complaints relates to these cancellations and the claims of patrons for restitution of these partial payments and, on the other hand, the caterers' claims to damages due to these cancellations.
D.The Legislature further finds that the common no return of deposit clause too often results in an unconscionable and unjust situation because the caterer often rebooks the room for the contracted date at a price more or less than the original contract price but which has no bearing on the no return of deposit clause.
E.The Legislature further finds that a caterer's delegation of its performance of the contract to another caterer without the consumer's consent is unconscionable.
F.The Legislature intends to cure these inequities by establishing criteria and procedures for cancellation of catering contracts and for the delegating of these contracts.
§ 237-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CATERER -- Any person or business engaged in serving food or beverages for private functions in Suffolk County.
§ 237-3. Cancellations and cancellation fees.
A.A cancellation occurs:
(1)When the consumer mails to the caterer notice of his or her intent to cancel; or
(2)When the caterer has actual notice of the consumer's intent to cancel.
B.With regard to cancellation fees:
(1)If a consumer cancels a catering contract and the caterer is able to rebook the date, the caterer's cancellation fee may not exceed 5% of the total contract price or $100, whichever is less, plus actual expenses reasonably incurred.
(2)If a consumer cancels a catering contract and the caterer is unable to rebook the date, the caterer's cancellation fee may not exceed the difference between the total contract price and the cost of performance, plus actual expenses reasonably incurred. The caterer must be able to show diligent efforts to rebook and most fairly calculate the cost of performance.
(3)It will be presumed that a caterer who receives notice of cancellation six months or more before the scheduled date of the function will be able to rebook.
§ 237-4. Prompt refunds.
As soon as reasonably practicable after cancellation and in no event later than 30 days after rebooking, the caterer must return to the consumer any sum received which exceeds the caterer's permissible cancellation fee.
§ 237-5. Contract forms.
Contract forms used by a caterer must conspicuously disclose the caterer's cancellation fee. This does not apply to contract forms ordered to be printed or set in type before the effective date of this chapter, but such forms may not be used for more than six months after this chapter takes effect.
§ 237-6. Delegation of performance to another caterer.
A caterer may not delegate performance of any contract to another caterer without the consumer's consent. This consent may be obtained only after the caterer advised the consumer of its inability to perform under the contract.
§ 237-7. Penalties for offenses.
The Commissioner of the Department of Consumer Affairs of Suffolk County or his designated representative shall have the power to impose upon any caterer who shall violate any of the provisions of this chapter and/or any regulations duly promulgated with respect thereto a civil penalty of not less than $50 nor more than $500 for each such violation.
Message edited 12/28/2005 11:16:28 AM.
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| Posted 12/28/05 10:43 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
Posted by PrincessP
one more thing to add... I would also call the newspaper and tell them how your wedding was cancelled bc your father is in Iraq and this catering hall wont give u back your money. thats not a bad news story.
my mom said to do the same thing...
I dont wanna take it to court if i dont have too.... I want them to see I know there little trick and settle it privately
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| Posted 12/28/05 10:45 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
I got some # off the website...the girls said she couldnt help me so sent me to someone else...who sent me to someone else who isnt answering the phone...
I need like a direct number!
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| Posted 12/28/05 10:46 AM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: Kinda wedding related...???
County Legislature
Telephone (631) 853-4070
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| Posted 12/28/05 10:48 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
Posted by Elbee
County Legislature
Telephone (631) 853-4070
thats the number I called where they said they couldnt help me
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| Posted 12/28/05 10:58 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
then they sent me to the district attorney who was sooooooooooooooooooooooooo nasty...and says thats not there dept either and to call consumer affairs...
Consumer affairs only wants to hear from me if im filing a claim...and I dont wanna file anything til I know im right!
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| Posted 12/28/05 11:14 AM |
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THUMPER
LIF Adolescent
Member since 5/05 509 total posts
Name:
Laurie
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Re: Kinda wedding related...???
I Usually just lurk on thr board, but I went thru this last year my daughter cancelled her wedding and I was out money. I called sullfolk county counsumer affairs. It is against the law for them to keep money. Call them they will help you. Even if it says they must re book date. Good Luck
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| Posted 12/28/05 11:35 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
Posted by THUMPER
I Usually just lurk on thr board, but I went thru this last year my daughter cancelled her wedding and I was out money. I called sullfolk county counsumer affairs. It is against the law for them to keep money. Call them they will help you. Even if it says they must re book date. Good Luck
Thanks...do you have a number?
Or know how I can get the number?
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| Posted 12/28/05 11:52 AM |
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THUMPER
LIF Adolescent
Member since 5/05 509 total posts
Name:
Laurie
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Re: Kinda wedding related...???
I will look when I go home and see. If you want to call now call 411 I am sure you can get the number there. If I remember correctly they only get to keep either 100 or 500. But once they are contacted by Consumer affairs they only have a certain amount of time to reply. I am sure like everyone else you would like your money asap. By the way your son is gorgeous
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| Posted 12/28/05 12:19 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
Posted by THUMPER
I will look when I go home and see. If you want to call now call 411 I am sure you can get the number there. If I remember correctly they only get to keep either 100 or 500. But once they are contacted by Consumer affairs they only have a certain amount of time to reply. I am sure like everyone else you would like your money asap. By the way your son is gorgeous
I contacted consumer affairs...You guys are right... Im owed my money...less of 100 dollars...
They said currently east wind has 3 of the same cases against them...and they won and got the money back on all 3!
I called east wind again....Stating I would like to settle this privately..however if they dont agree I will be filing...
He said he has to speak to the owner and get back to me
I wonder what gonna happen next!
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| Posted 12/28/05 12:26 PM |
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baghag
:P
Member since 5/05 10278 total posts
Name:
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Re: Kinda wedding related...???
Posted by Princessmaris
I contacted consumer affairs...You guys are right... Im owed my money...less of 100 dollars...
They said currently east wind has 3 of the same cases against them...and they won and got the money back on all 3!
I called east wind again....Stating I would like to settle this privately..however if they dont agree I will be filing...
He said he has to speak to the owner and get back to me
I wonder what gonna happen next!
WOW!!!! Good luck and keep us posted!
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| Posted 12/28/05 12:27 PM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: Kinda wedding related...???
Posted by Princessmaris
Posted by THUMPER
I will look when I go home and see. If you want to call now call 411 I am sure you can get the number there. If I remember correctly they only get to keep either 100 or 500. But once they are contacted by Consumer affairs they only have a certain amount of time to reply. I am sure like everyone else you would like your money asap. By the way your son is gorgeous
I contacted consumer affairs...You guys are right... Im owed my money...less of 100 dollars...
They said currently east wind has 3 of the same cases against them...and they won and got the money back on all 3!
I called east wind again....Stating I would like to settle this privately..however if they dont agree I will be filing...
He said he has to speak to the owner and get back to me
I wonder what gonna happen next!
EXCELLENT ... I hope they settle with you SOON!
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| Posted 12/28/05 12:36 PM |
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THUMPER
LIF Adolescent
Member since 5/05 509 total posts
Name:
Laurie
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Re: Kinda wedding related...???
Glad the info helped.
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| Posted 12/28/05 12:56 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Kinda wedding related...???
Posted by baghag
i'm sure she added that bit about "not entering into a legal relationship" with you as sort of a disclaimer that she's giving you a tip as a bride, not that she is your lawyer. know what i mean?
I agree. She's protecting herself b/c she's giving you legal advice, but doesn't want to be considered your lawyer. It also sounds like she just passed the bar and isn't admitted yet, which could present a problem if she gave you legal advice. She was trying to be helpful without potentially getting herself in trouble. Don't worry about it. Good luck with everything.
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| Posted 12/28/05 1:19 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Kinda wedding related...???
East wind called me back...saying there really busy Jan and Feb so they were wondering...if Id wait til march....
I said do you understand you are breaking a LAW...why would I wait, when if I file through consumer affairs...Ill have my money sooner..????
None the less..the law states I was supposed to have my money 30 days after cancellation...and well we are well over thirty days and I still have nothing...
I dont even know why Im trying to be nice and im not just filing...
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| Posted 12/28/05 4:56 PM |
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