Is it possible to end up the Immigration Consultant contract?

[Tiaa]

Hi everyone,

I hired an immigration agency one year ago to help me with the PR application because I was not confident enough about my English back then.
However, I did not have enough points to apply PR until this month as I was waiting for one year of Canadian work experience. ( I signed the contract so early because the consultant told me that he can lock my age by submitting the application before my birthday in order to get more points for me, which I know it is not true now). I paid for the first part of the money already.

Anyway, in the past year, many things did not go well.
1. They changed at least 3 agents to take care of my case, which caused I explained my situation at least three times. In the meantime. they keep asking me to provide the documents which I had provided more than two times to them.
2. The agency closed its office where I paid for the service and signed the contract without informing me. Fortunately, I did research and found one another office in downtown.
3. I went to the office in downtown and tried to ask for a refund but they persuaded me to trust them one more time so I did.
4. Since I got close points this time 443., they tried to help me submit the application this time. Although I had known every step of application, I still asked them to do so for me as I have paid the first part of the payment. The bad thing is they sent me screenshots with a lot of mistakes and typos even after I told them. I kept all the emails for communication and I feel I was doing the consultant for them not they were doing for me. Honestly, I really doubted their expertise.
5. I told them that I want to apply from my own existing profile and they said I can't coz I have contract with them and they need to create a new profile for me but they can leave my email. I agreed. However, when AINP sent nomination email. I did not receive and they did. I don't know why and they could not explain it to me as well.

Now, I need to go back to my country in a few days because of a family emergency. Therefore, I asked the consultant to send me a checklist which will be needed after being nominated. She requested me to pay for the second part of the payment in order to get the list although it is not the time for sure because in the contract, it says the scend payment due at ITA.

I feel so upset and really don't want to pay for the second part of the money. I actually have had the checklist from one of you guys. I just don't want to be in trouble coz I have the contract with them. I try to use their service is not because I trust them and just because I paid thousands of money.

Can anybody or lawyer advise me what to do? If I told them I am not going to use their service and not paying the second part of the money. What kind of responsibility will I need to take?

Really appreciate! Thank you!

 

[russ6970]

What did the contract actually say. Did it state you had to pay a certain amount? It all depends what this contract you signed and if it is in fact legally binding.

 

[Tiaa]

What did the contract actually say. Did it state you had to pay a certain amount? It all depends what this contract you signed and if it is in fact legally binding.

Please see below:
7. Refund policy
The client(s) acknowledge that the decision and time for a decision to be rendered for processing this application is at the sole discretion of the government and not the RCIC.

RCIC is delighted to assist client(s) in its entire case. The RCIC is aware that some clients may decide to lodge their own case and just take RCIC's knowledge. Other clients may:
i. Change their mind and no longer which to proceed with this application
ii. Find they are unable to secure the documents they claimed to have during our consultation, etc.
iii. Which to withdraw prior to obtaining their status.
As clients can appreciate the RCIC cannot demand a client to proceed with their application, we do understand when circumstances change in a person's life, however, once the RCIC has provided its knowledge and advise the client fees are payable in full.

If , however, the application is denied because of an error or omission on the part of the RCIC a refund for all professional fees collected will be provided. The clients agree that the fees paid are for services indicated above, and any refund is strictly limited to the amount of fees paid. The RCIC will not be legally responsible for the clients decision to cancel this agreement and for any amounts of fees, disbursements etc. the clients has paid.
In the event a copy of the client's file is requested an administration fee of $50.00 will be charged plus 2 cents per page for copying plus courier costs. This must be paid in full prior work being done on this request. An invoice will be provided to the client prior to the start of this request. A request must be made in writing and can only be made with authorization from the client.

 

[Tiaa]

8. Dispute Resolution

Please be advised that Ooma Wendy Ramroop is a member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC), and as such, is bound by its By-laws, Code of Professional Ethics, and associated Regulations.

In the event of a dispute, the client and RCIC are to make every effort to resolve the matter between the two parties. In the event resolution cannot be reached, the clients are to present the complaint in writing to the RCIC and allow the RCIC 30 days to respond to the client. In the event the dispute is still unresolved, the client may follow the complaint and discipline procedure outlined by ICCRC on their website.

 

[russ6970]

Well it looks like from that you are free to leave any time you want. Also, as the application had errors in it (and you can prove it was their fault and not yours), according to this contract you should get a refund.

 

[Tiaa]

Well it looks like from that you are free to leave any time you want. Also, as the application had errors in it (and you can prove it was their fault and not yours), according to this contract you should get a refund.

how about this part"we do understand when circumstances change in a person's life, however, once the RCIC has provided its knowledge and advise the client fees are payable in full."
"

 

[russ6970]

Totally contradicts itself as it says the complete opposite in stating the client can leave with a refund anytime. If I were you, I would leave them. If they want payment, take them to court. If you stay with them, you will never get PR, as they seem to care more about the money than they do about your application.