Players DO NOT accept this offer!!

  • Thread starter Thread starter Timberly
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Timberly

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Do not accept this offer right off the bat. Educate yourselves with lawyers on this matter first.

Right now there are numerous players saying that they are not going to accept this offer. I urge everyone to take a deep breath and THINK and EDUCATE yourself on this matter before making a decision.

There are still people that have NOT gotten the call. This offer so far has been selective at best.

Another thing... Players under contract with Mark Trainer... you'd better get in touch with him to see how this would play out for you.

Take your time on this matter players.
 
Timberly said:
Do not accept this offer right off the bat. Educate yourselves with lawyers on this matter first.

Right now there are numerous players saying that they are not going to accept this offer. I urge everyone to take a deep breath and THINK and EDUCATE yourself on this matter before making a decision.

There are still people that have NOT gotten the call. This offer so far has been selective at best.

Another thing... Players under contract with Mark Trainer... you'd better get in touch with him to see how this would play out for you.

Take your time on this matter players.
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Absolutely right! As a warning, if you receive and cash that first check, you may lose your legal right to be a part of any further settlements. Even if the amount is small, you should check with an attorney before making your next move!!!!!!!

This sucks!
 
Is there a legal reason they cannot accept the 1/3 payment now and still sue for the other 2/3rds? Is there any contract they are being made to sign that means they formally recind all claims to the full prize money they are owed? Will saying yes or no to someone on the phone be legally binding? Will the act of cashing the 1/9th check (The initial payment of 1/3rd, assuming it actually turns up) be treated as some kind of tacit legal agreement of the deal?
 
I am in contact with a player that A) has not gotten the call and B) is in constant contact with the players in Manilla and quite a few here. Thank goodness, many of the players he's talking to are saying they're not going to accept.

The beauty of the IPT taking so long is that it's taught them patience. They've done a great job in exercising it and not speaking out against the IPT, lets hope they can maintain the same level of patience about the money and not jumping right away. <fingers crossed>
 
Legalities

I just spoke with my friend, a member of the IPT, and we are wondering if anyone knows if it is legal for phone conversations to be recorded in the state of Illinois in case they are trying to record the reactions of the players they are calling. The IPT member was not asked if this is acceptable and the IPT member never said "deal or no deal". He was then told if he had any questions to call the IPT..........

Beckyzilla
 
Beckyzilla said:
I just spoke with my friend, a member of the IPT, and we are wondering if anyone knows if it is legal for phone conversations to be recorded in the state of Illinois in case they are trying to record the reactions of the players they are calling. The IPT member was not asked if this is acceptable and the IPT member never said "deal or no deal". He was then told if he had any questions to call the IPT..........

Beckyzilla
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I believe he never told them he would take the deal either, but they said they would be sending out the check on Monday. I just talked to your friend on the phone.
 
Beckyzilla said:
I just spoke with my friend, a member of the IPT, and we are wondering if anyone knows if it is legal for phone conversations to be recorded in the state of Illinois in case they are trying to record the reactions of the players they are calling. The IPT member was not asked if this is acceptable and the IPT member never said "deal or no deal". He was then told if he had any questions to call the IPT..........

Beckyzilla
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I believe in most states you have to inform the person you are speaking to that you are recording the call in order for that call to be used in the future for legal purposes. Many companies will say 'this call may be recorded for quality assurance'
 
AuntyDan said:
Is there a legal reason they cannot accept the 1/3 payment now and still sue for the other 2/3rds? Is there any contract they are being made to sign that means they formally recind all claims to the full prize money they are owed? Will saying yes or no to someone on the phone be legally binding? Will the act of cashing the 1/9th check (The initial payment of 1/3rd, assuming it actually turns up) be treated as some kind of tacit legal agreement of the deal?
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Yes, it is quite possible that by cashing the 1st installment check, you will by many courts, be considered to have accepted the offer to settle the debt on the 1/3rd terms described. Once it's clear that you have accepted this offer, then you will have a very very difficult time trying to go after the remaining 2/3rd's. All I'm saying is don't do anything that could possibly be considered accepting this offer without consulting your attorney first. Don't stay on the phone a long time with anyone from the IPT, don't give an address correction, don't do $hit without talking to your attorney.
 
rackmsuckr said:
I believe he never told them he would take the deal either, but they said they would be sending out the check on Monday. I just talked to your friend on the phone.
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Given their history this makes sense. They are not giving anyone the choice either way, just telling them what they going to do like it or not. The people making the calls are presumbably minimally trained customer service reps. from one of KT's many telesales operations.
 
Beckyzilla said:
... we are wondering if anyone knows if it is legal for phone conversations to be recorded in the state of Illinois in case they are trying to record the reactions of the players they are calling. ...
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Illinois is a particularly confused situation as far as recording telephone conversations. See http://www.callcorder.com/phone-recording-law-america.htm but be sure to read the whole thing because parts of it contradict other parts. In any case, it's not clear whether phone recordings would be admissible in court.

There is an FCC rule that requires all-party notification for recording interstate calls, but the only penalty is cancellation of phone service.
 
Da Poet said:
Yes, it is quite possible that by cashing the 1st installment check, you will by many courts, be considered to have accepted the offer to settle the debt on the 1/3rd terms described. Once it's clear that you have accepted this offer, then you will have a very very difficult time trying to go after the remaining 2/3rd's. All I'm saying is don't do anything that could possibly be considered accepting this offer without consulting your attorney first. Don't stay on the phone a long time with anyone from the IPT, don't give an address correction, don't do $hit without talking to your attorney.
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If there is nothing in writing stating that we are accepting the third as payment in full, how can it be shown that by cashing the checks, we didn't believe the full amount was coming later? It's a phone call and not in writing. :confused:
 
rackmsuckr said:
I believe he never told them he would take the deal either, but they said they would be sending out the check on Monday. I just talked to your friend on the phone.
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Cashing the check can be legal proof of accepting the 1/3 deal. This is most definitely a situation where professional legal advice is needed.

Sadly, it is obvious to me KT doesn't care if this tour goes on or not.
 
rackmsuckr said:
If there is nothing in writing stating that we are accepting the third as payment in full, how can it be shown that by cashing the checks, we didn't believe the full amount was coming later? It's a phone call and not in writing. :confused:
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I have been involved in real-estate deals that I didn't like how they were going but I never leave money on the table. Just turn any checks over to your attorney to be put in an escrow account till things get straightened out. I would not agree to anything but I would take what ever money was put in my hand. It may be all you get.
 
Da Poet said:
Cashing the check can be legal proof of accepting the 1/3 deal. This is most definitely a situation where professional legal advice is needed.

Sadly, it is obvious to me KT doesn't care if this tour goes on or not.
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And maybe we thought the other 2/3 was coming at a later date? :rolleyes:
 
rackmsuckr said:
If there is nothing in writing stating that we are accepting the third as payment in full, how can it be shown that by cashing the checks, we didn't believe the full amount was coming later? It's a phone call and not in writing. :confused:
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Linda,

As stated previously in many many threads, IPT players need to be careful when posting regarding this payment issue. As I am sure that posting something on this forum could be used in court.

IOW, it is now public knowledge here that players are being offered a 1/3rd settlement. IMO, if you deposit the $555 it would be considered accepting their offer. You could however tell them on the phone that you do not accept the offer if you choose to go down a legal avenue in an attempt to get the full amount and if they still send the check for $555, just don't deposit it.
 
rackmsuckr said:
So who is to say that we did not understand that the other 2/3 was coming at a later date? :rolleyes:
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Too late, you already stated in this forum that you are aware that it is a 1/3rd offer.
 
rackmsuckr said:
If there is nothing in writing stating that we are accepting the third as payment in full, how can it be shown that by cashing the checks, we didn't believe the full amount was coming later? It's a phone call and not in writing. :confused:
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The check will likely say something on the memo area or have a stub attached to it that says what it is for. I would be shocked if it didn't. If it didn't, then they might have tape backup of the phone calls explaining the reason for the checks or maybe an email or something.

Please check with your attorney on this. Pleeeeze!
 
shanesinnott said:
Too late, you already stated in this forum that you are aware that it is a 1/3rd offer.
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That's easy enough to fix. Get Marissa and Timberly in on this thread and we'll have it deleted in no time ;-)
 
shanesinnott said:
Linda,

As stated previously in many many threads, IPT players need to be careful when posting regarding this payment issue. As I am sure that posting something on this forum could be used in court.

IOW, it is now public knowledge here that players are being offered a 1/3rd settlement. IMO, if you deposit the $555 it would be considered accepting their offer. You could however tell them on the phone that you do not accept the offer if you choose to go down a legal avenue in an attempt to get the full amount and if they still send the check for $555, just don't deposit it.
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I knew that when I posted it. However, if and when I ever get my phone call, I can say no to the offer and if they still send me a check, I would say there is a fine line about being able to cash it. I know that if a salesman calls me and sends me something unasked for in the mail, I can certainly keep it. Just being rhetorical here; I will certainly ask our Uncle Harry Platis.
 
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