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Any Lawyers around?? I got an important question!! PLEASE HELP!

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jab105 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:03 AM
Original message
Any Lawyers around?? I got an important question!! PLEASE HELP!
I got a security system installed in Dec. 2000 (because my neighbor had gotten raped at gunpoint, and I was scared to death!)

At the time, I was in school, and the alarm was for a rental apartment.

I signed a three year contract, and paid in full for it (my parents paid for it cause they were pretty freaked out about my neighbor also).

I ended up moving out of the apartment after a year, and called the company and told them that I had moved, and that they could either transfer the contract to the new lesee, or cancel it. I thought that was the end of it. I never asked for my money back, so basically, they got two years of free payment.

However, they still called a number of times over the years. Every single time, I told them that I had moved out, and to cancel the contract. They wanted me to write a letter to them to cancel the contract. But since I didnt remember the pin at this point, I couldn't do it the way the specified. So, the only way to cancel the contract was to go down to their office in person, and sign something (this of course being incredibly inconvenient since I work all day, and their office is all the way on the other side of the town). So...I never made this a priority, only because since my contract was paid in full, and I never really wanted my money back, and it would be over in three years anyways.

Well, yesterday, I get a phone call from a debt collector that says that I owe this alarm company $1400. I had no idea why, and I was very upset (I have - HAD?!?!?- perfect credit)

So, I call the alarm company, and they said that since I didn't put in writing that I wanted to cancel my alarm system, that the three year contract is automatically extended, that's why I owe them the money etc. Well, this time, they say that I can write down my SS# and driver's license number in the letter and that they can then cancel the extended three year contract (THEY NEVER TOLD ME THIS BEFORE!!!!!!!!!)

And, it DOES say that in the contract (in the very fine print) that you need to put a cancel request in writing...

But, is this actually LEGAL!!! I mean, seriously, you can not verbally say to cancel a contract, even if they KNOW that you don't live there (the president of the company said that he knew I didn't live there any more)...

Please, if you can help, is this legal...

I'm writing the letter to tell them to cancel the contract now, but it just seems like such a scam to me. If I'd known, I never have signed the contract!!

I mean, what if I had moved out of the state...

PLEASE HELP!!
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Kali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:11 AM
Response to Original message
1. not a lawyer
but my busybody advice would be just to do a credit check on yourself in a couple months and see what it says - if there is anything write your version and have it place in the file - or maybe even do it now? Also demand the alarm company write to the collection company that the matter is settled.
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jab105 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:17 AM
Response to Reply #1
4. The matter isn't settled...alarm company still says that I owe the
money for the renewed three years...I'm sending them the cancellation notice, but that is all they will do with me...

They refuse to deal with me except through the debt company!!
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Kali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:27 AM
Response to Reply #1
10. Great customer service!
this is probably REALLY bad advice but I would go on the offensive. Complain to ANYBODY and any agency you can think of. Write a letter to the editor if you are in a small town. Is this anyway for a business to treat a customer that let them keep fees AFTER you moved away??? This kind of crap really irritates me. It might not work but I've had cell phone companies back off when they try to pull this kind of contract crap.
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jab105 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:33 AM
Response to Reply #10
13. I'm 100% positive that the reason for it is to get money out of people...
this is a college town, the apartment was a rental...

The response I got from them was harsh...really harsh...which means to me that this happens all the time to them...

Its a scam to get money out of people...how can you refuse to cancel the service of a person if they dont live there any more and have told you ten times...

It makes no sense if it isn't that...
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Kali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:47 AM
Response to Reply #13
15. I wouldn't pay it and I would write and tell them why and keep
copies. Send the copies to any relevant consumer agency, credit agency. Try to remember and write down the dates you told them to cancel. Keep the whole "journal" and from here till its settled (to YOUR satisfaction) write down every contact and ALWAYS ask for FULL names of anybody you talk to - that often intimidates these kind of jerks - also always try to go over their heads. Demand to talk to supervisors, whoever on up to the owner. Threaten that you will tell everyone you know about how rotten they are behaving etc.

If they are absolute assholes and take you to court all the documentation will help you.

Also I beleive there are now rules that they cannot hassle you over the phone for collections - if anybvody calls you have a right to tell them not to contact you by phone EVER. I think that is nationwide - doubt if it would be my state only - we are pretty backward for consumer friendly laws. If you are still in school your college may have a legal aid clinic to help with things like rental disagreements and this sort of crap.

Fear - its really good for profits isn't it?
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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:12 AM
Response to Original message
2. You need to contact a lawyer in your state.
State law on these contracts varies -- it would be impossible to offer any useful suggestions without actually seeing the contract or knowing the specific requirements for contract cancellation and notification under your state's law. No lawyer could offer useful legal advice without knowing that kind of detail. You might have a defense in the nature of waiver or estoppel (that is, they knew you didn't live there but let the charges continue to accrue anyway) -- but state law will govern and it's not the same everywhere. It would also be a good move to get your credit reports from the reporting agencies like Equifax and notify them that there is a dispute over this charge. Good luck with this..
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:12 AM
Response to Original message
3. I'm not a lawyer, but if it states in the contract you signed that
a cancelation must be in writing, they can enforce it. That's why so many citizens rights advocates stress that you should always READ anything you sign.

Send the letter they are requesting now, and get out of this mess. Consider it a lesson you'll never forget.
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jab105 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:23 AM
Response to Reply #3
6. But shouldn't there be some type of reasonable contract law?
I mean...they knew I didn't live there...they knew that I wanted it cancelled...

It seems like the only reason for that clause is to get money out of people...
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radwriter0555 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 09:47 AM
Response to Reply #3
17. A contract is a contract. You violated the rules of the contract by your
Edited on Sat Nov-20-04 09:49 AM by radwriter0555
own admission, I'm afraid. You signed it, and you neglected to fulfill your obligations. The alarm company has done nothing wrong here.

Yes, the alarm company should be more understanding, but they're not OBLIGATED to do anything more or less than what the parties (including you) agreed to.

Do as they're requesting now and chalk it up to experience and new found knowledge about personal responsibility and following through on contractual obligations.
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miss_kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:18 AM
Response to Original message
5. ask your state's attorney general's office
they might be interested in hearing about this...
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jab105 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:23 AM
Response to Reply #5
8. How do you get in touch with them?
n/t
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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:26 AM
Response to Reply #8
9. What state do you live in?
Edited on Sat Nov-20-04 01:27 AM by ocelot
Your state almost certainly has a web site that lists all of the agencies, and the attorney general's office phone number and e-mail address would be there. It probably has a consumer division, and they might be able to offer some suggestions.
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jab105 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:31 AM
Response to Reply #9
12. Got it!
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On the Road Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:23 AM
Response to Original message
7. Prepaid Legal Services is $16 per Month
It's worth it to fight a $1400 bill. I'm sure you have a sound basis to contest it, but it might take a lawyer to make it stick.

http://www.prepaidlegal.com/
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Metatron Donating Member (877 posts) Send PM | Profile | Ignore Sat Nov-20-04 01:29 AM
Response to Original message
11. Call your local Better Business Bureau
At the least, they might at least be able to tell you if the company has a history of this type of thing. Hopefully, they will be able to steer you in the direction of help.

At the national site they have a link to click for locating a local Bureau: http://www.bbb.org/
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jab105 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 01:37 AM
Response to Reply #11
14. I'm shocked...they have a satisfoctory ranking...I'm really surprised!
wow...speechless...
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miss_kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 08:50 AM
Response to Reply #14
16. bbb isn't the be-all and end all
people have to complain to them, I don't know if they check out those complaints...
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Niccolo_Macchiavelli Donating Member (641 posts) Send PM | Profile | Ignore Sat Nov-20-04 09:49 AM
Response to Reply #16
18. The auto-prolong clause is in most 08/15 cell phone contracts
Edited on Sat Nov-20-04 09:49 AM by Niccolo_Macchiavelli
ever thought of readingthe paper before you put your signature at it?

*pats his forehead*

edit: title
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