[Hidden-tech] Thoughts on best wording of "Cease & Desist" to Accompany a Deposit Refund?

[McK66 Productions]

Thanks so much to those who have taken the time to send me their thoughts on this unfortunate matter... Your time and interest has been greatly appreciated!

Many responses have advised me to consider hiring an attorney for assistance in bringing this to a close... The reasons I hesitate to do so are numerous... 

1) The dollar amount in question is all of @$150.00 (For 3HRS - at a discounted rate, no less!)

2) The "client" stated in the paperwork that no further proceeding would take place as long as I refunded that initial amount 

3) The threat is that if I do *not* return the money in the indicated time-frame, that I will be sued for @$3000.00 - a figure that covers that deposit, assorted costs, and the cash value of a lost contract that he directly attributes to his [quite bizarre] dismissal of my services...

4) I can barely afford to refund the $150.00, I *definitely* can't afford to even *risk* the possibility of losing the case and the $3,000.00, and I can't really afford an Attorney even if I wanted to *take* that risk...

5) All I have on my side are numerous emails, the set-up and study of an intricate development environment, an extended telephone conference, the identification of a probable trouble-spot, and the reading of lots of instruction manuals - Does that add up to three hours? Yes - and *then* some... But what if the presiding official doesn't see things that way??? I just can't take that chance.

So... without many avenues for recourse, and one good chance to make it all "go away"  - this is the letter as it stands... Hopefully my wording is appropriate and sufficient, and at least I have his guarantee in writing that he will call this off with the receipt of the refund...

"Please find enclosed a check in the amount of $xxx.xx, which constitutes a full & complete refund of monies sent to this party on August xx, 2012, in consideration of work to be performed for your firm. By cashing this check, you agree to a formal conclusion of this matter, hereby waiving any further legal action, and are restrained from any further contact of any sort, (voice, person, letter, electronic, etc.) either directly or through any agent - personal, professional, or governmental."


I'm still looking for a nice hook to close this out, but I think I'm well on my way to finished...

As for the future... MANY lessons have been learned and many changes will be applied...
My own Grandmother will not get anything done without a *very* specific contract in place!
There will be sections regarding deposits/retainers, there will be sections regarding disputes...
If only there were a delicate way to formally word an INSANITY clause....

Meanwhile, I'll be sending this out in a registered letter of my own that will hold the check, and a second, standard-delivery letter that advises of the contents enclosed within the registered letter - making it worth his while to go sign for the check - and I will have two documented exchanges for future reference - the signature for the registered letter, and (hopefully) the cancelled check that will bring this nightmare to a close!

If anybody has further thoughts on the wording of this letter, they will be gratefully accepted!

Thank you all again - your assistance is *greatly* appreciated!!

Best wishes to all,

- Sean McKernan

 
McK66 Productions
Website Service Center
5 Chapel Street
Easthampton, MA 01027
401.486.5209
www.mck66productions.com
    
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________________________________
 From: McK66 Productions <mck66productions at yahoo.com>
To: "'Hidden Tech ' <Hidden-discuss at lists.hidden-tech.net>" <Hidden-discuss at lists.hidden-tech.net> 
Cc: McK66 Productions <mck66productions at yahoo.com> 
Sent: Thursday, October 18, 2012 9:50 AM
Subject: Thoughts on best wording of "Cease & Desist" to Accompany a Deposit Refund?
 

Hello!

I am trying to put together a letter that is worded in such a way that an abusive ex-client will not dare to make any further contact - by himself or through any representatives...

The primary concern would be for the ex-client to stop further threats of legal action.

This all revolves around a very strange Jekyll/Hyde incident where I was fine one day, but fired the next  - accompanied by verbal haranguing, abusive language, and character attacks.

Next I received a certified letter demanding return of a very small initial deposit (which wouldn't have covered a third of the short time I had spent) or that I would be facing a law suit for about *twenty times* the amount in question!

While fairly sure that I would survive a court challenge, I don't dare risk even the slightest possibility of losing that larger amount - so it is worth my while to give-in to the bullying behavior and send the small amount of money back to make this all go away...

I'm thinking something along the lines of:

"Please find enclosed a check in the amount of $xxx.xx, which constitutes a full & complete refund of monies sent to this party on August xx, 2012, in consideration of work to be performed for your firm. By cashing this check, you agree to a formal conclusion of this matter, hereby waiving any further legal action, and are restrained from any further contact of any sort, (voice, person, letter, electronic, etc.) either directly or through any agent - personal, professional, or governmental."

How does that sound?

Any thoughts, suggestions?

Thanks to all for your time!

- Sean McKernan


 
McK66 Productions
Website Service Center
5 Chapel Street
Easthampton, MA 01027
401.486.5209
www.mck66productions.com
    
Get a signature like this.  Click here.    
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