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| Debt Collection Debt collection statutes, state and federal law, etc. |
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#1 |
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Hi Guys, any idea would be appreciated. Here's the case:
one year ago, a long distance phone company called my home and spoke to my mother (in a foreign language cause she doesn't speak English very well) about a long distance phone plan. My mother agreed to the plan without letting me know (I was away on a trip at the moment). The company has switched the service without my agreement, I didn't want the hassle of switching back upon my return. Therefore we used the new long distance phone company for a period of time. and I paid the bill using my credit card online. Then in the beginning of this year, I used the service for one week (total of $4.82), and left for a long holiday (4 months), when I came back from my trip, I found my bill went up to $23.39. I then learned the company has been charging a $4.99 + tax monthly late fee. I checked with the company and they said it is written on the back of the bill which I have never read (I paid via online bill since the start). So I immediately switched to another long distance phone company and refused to pay the accumulated late fee. I offered to pay the full amount of my long distance usage ($4.82) plus a reasonable amount of interest accumulated over the months, but got refused by the company. They have been kept mailing me a new bill each month with a $4.99+ fee for the last few months (even after I switched to another company). I'd like to know what can I do at this point. It's not just about the $40+, I don't think they have the right to charge their customer a penalty fee without their original agreement and almost 200% of the actual service usage. Your suggests are much appreciated!!! |
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#2 |
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Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior... You may also report them to your state attorney general's office. Our attorneys could also become directly involved, though we normally do charge a fee for that.
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#3 |
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Ask them for a signed contract or something signed by you or whoever's name appears on the bill. They don't have one, I'm sure because your mother agreed over the phone. If they are charging you for something they have to have proof of your approval. If they cannot come up with that tell them you will take them to court. Chances are they will back down.
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#4 |
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hi guys. thanks for your reply. As stated above, it's not just a money thing, but rather a principle thing. The company has no written agreement nor contract from any of my family members. They simply switched my long distance service from the previous company with a "yes" from my mom who doesn't even speak English well. I wonder if they even have a case?! Sure they can sell this to a collecting agency, but so what? I am willing to risk my credit rating over this stupid company. I will also file all the complaints against the company on all consumer's protection networks... Any more ideas would be greatly appreciated!
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