Archived from groups: alt.cellular.verizon,alt.cellular.attws (
More info?)
"Upset" <cgive@hotmail.com> wrote in message
news:87ca3fcb.0407061835.2b4b400e@posting.google.com...
> "Jeremy" <jeremy@nospam.thanks.com> wrote in message
news:<8RBGc.3837$sD4.433@newsread3.news.atl.earthlink.net>...
> > "Steven J Sobol" <sjsobol@JustThe.net> wrote in message
> > news
P-dneXNS-2GQHfdRVn-jg@lmi.net...
> > >
> > > It is against the law to collect on any portion of the balance that is
> > > in dispute.
> >
> > That is inaccurate. If it were "against the law" to attempt to collect
any
> > disputed amount, then anyone could easily thwart the collection process
just
> > by trumping up a dispute.
> >
> > The Fair Debt Collection Practices Act does require that the debtor be
> > provided with documentation in substantiation of the debt, but once that
is
> > provided, the agency may proceed with collection calls or even forward
the
> > account to an attorney for suit. The mere fact that a deebtor has
indicated
> > that they disagree with the validity of the debt imposes no burden upon
the
> > agency to close their file.
> >
> > Especially in service industries, where the service provided is
intangible
> > (as opposed to manufactured products) there is a greater degree of
> > disagreement as to whether the service was fit for the purpose for which
it
> > was intended. As an example, if I buy a load of widgets, and they
arrive
> > missing pieces, it is relatively easy to demonstrate that I was sold
> > deficient merchandise, and I can reject the shipment, putting the burden
of
> > proof back with the manufacturer. But if I say that I had a lot of
dropped
> > calls, given the nature of radiotelephone signal transmission, it is
> > doubtful that I could cancel my contract early--especially in view of
ATTWS'
> > 30-day trial period, and their automatically crediting dropped calls.
The
> > presumption is that, if I kept the service beyond the trial period, it
> > probably was acceptable in terms of its quality.
> >
> > Also, it is common knowledge on this NG that ATTWS routinely offers
> > concessions to dissatisfied customers, in terms of additional minutes or
> > free perks. It will be somewhat more difficult for a customer to
establish
> > his dispute if he only raised it once he was placed for collection.
> > Typically, consumers dig in and refuse to pay any portion of their debt,
> > even though some of the charges are undisputed. This serves only to
give
> > the moral high ground to the creditor, should the case come up in court.
> >
> > Since the OP focused not on resolving the dispute, but upon stopping
> > collection steps, I suspect that if all of the facts came out we might
even
> > side with ATTWS. I'd be hard pressed to believe that ATTWS was just
playing
> > hardball with a good customer. There has got to be more to this.
>
>
> Actually no. The dispute is with Verizon Wireless. I left them and
> went to ATTWS. The complaint I filed with the FCC was back in
> December. Verizon wrote the FCC a little over 4 months later pretty
> much telling them that "Everything is ok now, nothing to worry about".
> So the FCC closed the complaint and considered it resolved. I
> received a letter from the FCC saying that it was closed and that
> everything was fine now. Excuse me? Say what? The FCC closed my
> complaint because Verizon Wireless said there weren't any problems
> anymore. What about asking me? So I wrote them another letter
> requesting that it be reopened, and that nothing had been solved. So
> now it's about 8 months since that initial complaint was filed. And
> it is now that Verizon Wireless is sending me to collections. And it
> turns out that this reopening of this complaint may not occur for
> another few months. So, my credit is going to be ruined with all of
> this. And this will all happen long before anything is addressed.
> And I doubt you would side with Verizon Wireless, if their own reps
> agreed that the service I was receiving was not satisfactory. But...
> they don't have the authority to waive a termination.
>
> And like I said, the people at the FCC told me this morning that yes
> it is legal for them to send me to collections. Even though this
> complaint is still being addressed, Verizon Wireless is still allowed
> to proceed with collections.
You are arguing over an Early Termination Fee? Why not just pay it, noting
on your check that you are doing so under duress, then file an action
against Verizon in Small Claims Court, charging them with improperly
charging the fee (you may find that the Court rules against you).
The cost of having your credit negatively impacted is going to be higher
than the amount of the Termination Fee.
Your biggest obstacle is that you did have a 2-week evaluation period, and
if you continued the service, it is presumed that you found it to be
acceptable.
You really need to speak to an attorney, because you may not have a case,
and it would be better for you to act based on facts, rather than
supposition. A NG is not a good place to get legal advice. Call a lawyer.
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