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The last four months have only proved that there is no
product, no marketing and no organization. It is only a
garage operation. I again request immediate refund of my
money.
On August 17, 1994, petitioner, through a prepaid legal
services plan, engaged an attorney from Norcross, Georgia, who
wrote BMI declaring that the contract with petitioner had been
breached and demanded the return of the amounts petitioner had
paid to BMI. Petitioner also contacted, during 1994, the Better
Business Bureau of Atlanta, Georgia, requesting information for
filing a complaint against BMI. This action by petitioner
apparently prompted BMI to attempt a reworking of the agreement
with petitioner. That was confirmed in a letter by petitioner to
BMI dated August 24, 1994. However, BMI apparently did not live
up to the terms and conditions of that agreement. BMI did ship
MERC and brochures to petitioner but no display stands nor
information as to the locations for the display stands for which
BMI had assumed responsibility in the new agreement. Petitioner
returned the MERC to BMI on October 24, 1994.
On November 21, 1994, petitioner wrote his attorney and
stated: "as of now I seek your help in getting full refund of my
money immediately plus expenses and damages with no ifs, buts, or
any reasoning what-so-ever." On the same date, petitioner wrote
directly to BMI stating: "This is my FINAL notice and request for
REFUND OF MY MONEY." In that letter, petitioner requested
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