I entered into a contract with MasterPlans to provide me with a "ready business plan" as per the "Scope of Work" stated in my project contract. While Masterplans insisted on 5/30 that I sign the pre-authorization for the remaining payment of $1,750.00 via my credit card, I refused advising them I would not give them the authorization to bill my credit card until I'd received the draft and "approved" it.
MasterPlans "baulked" but finally acquiesced by changing the "original" standard agreement... To the binding agreement to read: "$1,750.00 due at the draft delivery (With Approval)". I did not sign the "Payment Information and Authorization" until two days later (6/1) when MasterPlans had agreed to my new terms requiring my approval before billing my card.
It should be further noted, that their Terms and Conditions paragraph 3; 3rd, 4th & 5th sentences..."The second payment will be pre-authorized prior to delivery of the rough draft to ensure the card on file is still active. Once the rough draft is delivered to the client, the transaction will be conditionally settled electronically. As used in these Terms and Conditions "Rough Draft" shall refer to Scope of Work as per attached page one."
On Friday, June 15th at 3:43 PM EST (15:43 hours), MasterPlans "swiped" my card billing my credit card without my approval and prior to providing me with the "Rough Draft". Approximately five (5) hours, 8:38 PM EST (20:38 hours) after billing my credit card, MasterPlans emailed me the "Rough Draft".
My contention is that MasterPlans violated the contract by not delivering the rough draft and getting my approval before billing my account. MasterPlans knowingly and willfully defrauded me by providing me with a sub-standard/elementary product that MasterPlans knew would not be accepted or meet the "approval" that was necessary for the charge.
While it is my position that the aforementioned is more than sufficient to support my case for non-payment of the monies in question, reviews of the MasterPlan product and recommendations to terminate MasterPlan contract by a well-respected third party that has vastly more experience in business plans... And a complied list of extensive number of nine (9) pages of consumer complaints and emails concerning my case addresses the secondary issues of an unacceptable product.
I contended that I should be refunded my investment in MasterPlans being that they have violated the contract that was set forth and agreed to by both parties.in addition, now that I have spent my money and received a product that was obviously known by them to be sub-standard (why they charged my card violating the terms of the contract in the first place)...
I have also had to spend valuable time to drop all projects to redo the business plan to include hiring my CPA to do a professional project financial analysis. Anyone who decides to use this supposed "well-qualified and reputable company" should definitely think twice. I have written many business plans in my lifetime in over 30 years in business. Deciding to choose this company to lighten my load has actually caused me more of a burden than I thought possible.
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