• Report: #72571

Complaint Review: Bernard Haldane Associates

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  • Submitted: Thu, November 20, 2003
  • Updated: Thu, November 20, 2003

  • Reported By:Hayward California
Bernard Haldane Associates
1340 Treat Blvd, Suite 150 Walnut Creek, California U.S.A.

Bernard Haldane Associates Ripoff! FALSE PROMISES and BIG LIES TO STEAL BIG BUCKS. MULTIPLE CALIFORNIA CIVIL CODE VIOLATIONS. Walnut Creek California

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My complaint is best summarized by the following refund-demand letter that I sent. I have "blanked out" specific names because I do not want to run a risk (no matter how remote) of incurring any legal liability. Please do NOT construe this action of mine to indicate that I don't stand 100% behind every charge that I make.

Dear Mr. ______:

I am writing to you to demand an immediate refund of the $6150 that I paid to you on April 9th of this year.

My reason for making such a demand is that I possess concrete proof that you have violated multiple provisions of the California Civil Code. Because the remainder of my letter will make many references to the California Civil Code, I want you to read the law for yourself at
Violation #1:

On March 6, 2003 I received the following email (which remains archived in my web-based Lycos email account) which was an advertisement from Bernard Haldane. This is the email that lead to our first meeting. The email message reads:

Thank you,
JobSniper; Search Less, Find More>

This email is a violation of California Civil Code Section 1812.513(a)(2), which states that all advertisements of an employment counseling service shall contain the correct name of the employment counseling service. Bernard Haldane is the correct name, not JobSniper. You might be able to argue that when I click on the link provided, I am brought to a webpage that states the site is sponsored by Bernard Haldane. However, section 1812.513(a)(2) also requires that either the street address of the employment counseling service or the phone number of the employment counseling service be contained in the advertisement.

Violation #2:

You provided me a money back guarantee that I would find employment from your services. California Civil Code Section 1812.513(c) states that No employment counseling service shall make any verbal or written promise or guarantee of any job or employment.

(Note: This violation is the easiest to prove. All I have to do is hand the written document to the bailiff and watch him carry it to the judge.)

Violation #3:

California Civil Code Section 1812.512(a)(1) states that An employment counseling service shall provide a copy of its fee schedule and payment terms to any customer from whom a fee or deposit is to be received, PRIOR to the customer being interviewed by a counselor, agent, or employee. As we both know, I was not given a copy of Bernard Haldane's fee schedule before I was interviewed. Now you might claim that this issue comes down to my word against your word. However, I have multiple names of current and former BHA clients (via my research on the internet) who will testify that they were not given a fee schedule prior to being interviewed. By the way, does the name Thomas _____________ sound familiar to you. I have his cooperation as well as the full cooperation of many others. If you go to the website, www.badbusinessbureau.com, and do a search on Bernard Haldane, you will find 444 detailed written complaints of people who have been victimized by Bernard Haldane's fraudulent and deceptive business practices. A good number of these reports make direct reference to your name and the Walnut Creek office. Just to give you an idea of how shocking it is for Bernard Haldane to have 444 written complaints on this website, the multi-billion dollar phone company of AT&T, which has millions upon millions of customers, has only 251 registered complaints on the website. I am sure you are aware that BHA is being investigated or has been investigated for fraud by the Attorney Generals of the following states: Virginia, Illinois, Kansas, Colorado, and California. Please go to the following CBS webpage if you need evidence of this:



There are several other violations that you have committed that I am not going to explain here. You should be aware that I only need to establish one violation, and one violation only, to be legally entitled to a complete contract cancellation and a full immediate refund. I will now quote for you sections 1812.523(c) and 1812.523(d) of the California Civil Code as proof of what I just said.


(c) If any person uses any untrue or misleading statement, information, or advertisement to sell its services or FAILS TO COMPLY WITH THE APPLICABLE PROVISIONS OF THIS TITLE, or the contract does not comply with the applicable provisions of this title, then THE CONTRACT SHALL BE VOID and unenforceable as contrary to public policy and the JOBSEEKER, customer, or nurse SHALL BE ENTITLED TO THE RETURN OF ALL SUMS PAID.

(d) Any person who is injured by any violation of this title or by the breach of a contract subject to this title may bring an action for the recovery of damages, an equity proceeding to restrain and enjoin those violations, or both. The amount awarded may be up to three times the damages actually incurred, but in no event less than the amount paid by the jobseeker, customer, or nurse to the person subject to this title. If the person subject to this title refuses or is unwilling to pay the damages awarded, the amount awarded may be satisfied out of the security required by this title. If the plaintiff prevails, the plaintiff shall be awarded a reasonable
attorney's fee and costs. If the court determines that the breach or violation was willful, by clear and convincing evidence, the court,in its discretion, may award punitive damages in addition to the amounts set forth above.

Here is the bottom line Mr. _____, I want a full refund of $6150 credited to my Mastercard before 5:00pm today. If you do this, each of us can go on our merry way and we never need to cross each other's path again. If you choose not to give me an immediate refund, I am quite happy with that option too. Your failure to provide me an immediate refund means that I can take you to court where I will prove that you blatantly violated multiple provisions of the EMPLOYMENT AGENCY, EMPLOYMENT COUNSELING, AND JOB LISTING SERVICES ACT. As I have already made you aware (see sections 1812.523(c) and 1812.523(d) of the California Civil Code shown above), once this dispute goes to litigation, I will be able to seek three times the refund amount that I am currently requesting. Furthermore, section 1812.523(d) says that if the plaintiff (i.e., that will be me) prevails, the plaintiff shall be awarded reasonable attorney's fees and costs. (Note: I have an attorney who is very willing and very eager to take my case on a contingency basis.) This section also states that the court may award punitive damages.

The ball is now in your court (no pun intended) Mr. ____. I await your response.

PS: I want you to understand, Mr. ____, that it is not my intention to be picky by searching for minor violations (as you would probably say). The real issue here, which makes me very upset, is that you lied to me when we first met. You told me that you had a vast array of professional contacts (e.g., CEOs, Vice-presidents, etc) that you would introduce me to. As you know, I have been introduced to nobody through you. Unfortunately, I can't legally prove in a court of law what you said to me at our first meeting and what you didn't say to me. The matter comes down to my word against your word. Therefore, in order for me to prevail quickly and efficiently, I need to argue and prove points that don't involve my word versus you word. But please make no mistake about this, the real underlying issue here is that you secured $6150 from me based on a lie.

David
Walnut Creek, California
U.S.A.

Click here to read other Rip Off Reports on Bernard Haldane Associates

CLICK HERE, You must read this!! ..Financial Post Article LINK - Haldane not up to the job ..exposing this company for what it really is - a huge scam

Click here to see why we deleted either a phone number, link or e-mail address from this report.

This report was posted on Ripoff Report on 11/20/2003 02:28 PM and is a permanent record located here: http://www.ripoffreport.com/r/Bernard-Haldane-Associates/Walnut-Creek-California-94596/Bernard-Haldane-Associates-Ripoff-FALSE-PROMISES-and-BIG-LIES-TO-STEAL-BIG-BUCKS-MULTIPL-72571. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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