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CONSUMER ALERT

Leaving a check is an invitation to trouble

By Mitch Lipka
Globe Correspondent / April 26, 2009
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Q. My daughter was to join the Sacred Heart ski team this past winter, but we were not sure if prior commitments would keep her from practicing at Blue Hills Ski Area during the week.

We were told to give her a check for $199 for the season pass, but that it would not be cashed until she actually showed up to ski and at that time her pass would be issued.

She did not ski at Blue Hills, and, as it turns out, the check was cashed the day after we gave it to her.

What might you suggest we do to recover our money?

Caryn Donnelly
Pembroke

A. Obviously, there was a lot of miscommunication here. Leaving a signed check to fend for itself is an invitation for trouble.

The best chance to make a strong case was the day you decided your daughter would not be able to make it to ski practices. After that, rightly or wrongly, you begin to take on the appearance of someone unhappy that they paid for a season pass that wasn't used. And that doesn't put you in the best bargaining position.

It's a lousy feeling to be going through your checks and realize you paid for something that never was used. But absent a generous gesture from Blue Hills, you probably will be stuck with this.

You could file complaints with the state Consumer Affairs and Business Regulation office or Better Business Bureau, both of which mediate consumer disputes with businesses. But both will want to see some documentation of the arrangement.

A manager at the ski area briefly explained the difficulty in giving refunds to people who complain they didn't use the passes that they purchased. She offered to take a day to look into the situation, but then didn't respond to phone messages or e-mails asking for the result.

Good will is inexpensive, and it might behoove the company to either refund the money or explain its side to the customer.

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