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Gingerhardboil

Making sure the agreement is not valid/binding

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I'm in a dispute with a moving company. I am in Vermont. The company is in Florida. I thought I was working to get money back. They came back and said they would offer me $450 but did not provide the basis for the agreement. I stated fine and she sent me the agreement. Here the the original agreement (I've removed the original names): "company can credit you back $450.00 to your VISA or MASTERCARD you paid your deposit with or via check. Please reply back to this email that you agree to this credit and that you understand a larger discount will not be applied. You also agree to not charge back any funds collected by the company and john doe have come to a binding agreement for this dispute/settlement.

Company and john joe are referred to individually as "Party" or collectively as "Parties" within this Notice and Release.

It is also agreed that there will be no written or oral statements any actions, directly or indirectly, which they know or reasonably should know to be disparaging or negative concerning the other “Parties”. The “Parties” recognize and agree that the terms of this paragraph are a material inducement to this Agreement and the breach (or threatened breach) of any of these terms will be presumed to cause irreparable injury that can be remedied by injunctive relief without showing the absence of a legal remedy."

This was not explained over the phone at the time of the offer. I wrote back : "I agree to the terms of the settlement for the issues with the company, however, this settlement does not include the carpet issue we previously discussed when the movers made a mess of my carpet. Your company has previously stated the carpet bill can be sent and negotiated when it is received. Once the bill is received, we can work on resolving the carpet."

I received the response:"450 is a settlement, meaning we will no longer be doing anything further. Let me know what you would like to do moving forward."

I replied: "Your company was in violation of your contract. You were supposed to send me reliable, professional movers. My contract was with your company. Now you only want to provide less than half the amount. You failed to mention it also included a gag order. Which I do not agree to. I do not agree to the settlement because you will not agree to certain terms and failed to provide certain aspects of the settlement."

Please note I also made this very clear over the phone. I have not received the money either. I want to make sure I have no entered into the agreement because my agreement contained conditions which were not met and then the company asked me how to proceed. What I really want to know if I'm safe to put this company on blast on the internet for what it's done to me. I don't want to be summons for the gag order.

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No, you haven't entered into the agreement. You made it clear that you declined it.

 

However, if you don't want to accept their gag order, or want more than $450, you will have to sue for it.

 

Anything you were previously "told" is moot.

 

What counts is what's on an agreement that you sign.

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