Verizon: Can they do something legally at this juncture or is this a scare tactic?

jonnyGURU

Moderator <BR> Power Supplies
Moderator
Oct 30, 1999
11,815
102
106
Sorry this is so long, but I'm freaking out right now....

Over seven years ago, I had PrimeCo as a cell phone provider. No problems.

Then GTE bought PrimeCo. Still no problems.

Then Verizon bought GTE.

After that, every single month my bill came in it was wrong. I would have to call Verizon and have them correct it.. which they did.

When I asked them WHY my bill was always wrong, I was told that the old calling plans that PrimeCo and GTE had were simply not adopted by Verizon and that Verizon only had their own calling plans. Verizon had to essentially charge me a base rate and then a per minute charge, but even if I was "under my alloted minutes" from my prior contract with PrimeCo the bill would still be over because cost per minute is very high and unless I only used half of my alloted minutes I would pay more than what my previous billing plan offered me.

Fortunately, it's very easy for Verizon to just issue a credit, so I never paid more than I was supposed to for my cell phone. But it's a hassle to have to call Verizon every month to have a phone bill adjusted. So I called them and asked them once and for all how can we get this straight.

Apparently, Verizon had a "similar" plan. It wouldn't cost me any more and I would not "lose" any minutes. For the sake of not having to call them every month, I told them to please put me on the Verizon plan. I did not accept any "free phones", I was very happy with my old Nokia phones, and I did not sign any contracts. This was all done over the phone.

After about a year, I got a job with a company that provided me with a cell phone. Because it was on a different network and the Nokia's were now getting a bit long in the tooth, I decided to change my wife's phone too. This completely severed any need I had for Verizon.

Verizon said I was under contractual obligation for them for two yearsand if I were to terminate this contract I would have to pay them a penalty.

Why? Because I changed the plan. New plan. New contract. I didn't sign a contract, but Verizon says that the first check I write to make payment on the "new plan" is essentially an agreement to the contract.

So... cliffs....

Because Verizon bought my cell phone provider I HAD TO change plans.

When I changed plans, that put me in a two year obligation with Verizon.

After only a year, I needed to cancel with Verizon and they said I would have to pay a penalty.

I believe the penalty was $300 or something. Not a lot of money, but more than I would ever think of paying a cell phone company for cancelling a contract, so I told them to pound sand. They reported me to the credit bureau and I had a bad mark on otherwise perfect credit. In fact, because the credit was otherwise perfect, the bad mark really had little effect on my life and I moved on.

Over the years, I could see my debt being sold to different collection agencies. Sometimes the debt would go down to as little as $150. But why should I pay? Out of principle, I did not CHOOSE to partner with Verizon. They've already whacked my credit score. This is ancient history to me.

For the last month, I've been getting a call from "CALLER UNKNOWN". I answered the phone a couple weeks ago and it was a nice lady asking me why I wouldn't pay Verizon what I owed them. I explained everything to her, she acknowledged and hung up. Just now, I received another call from "CALLER UNKNOWN." I answered it and this time it was a man. He told me he was aware of the my prior conversation and wanted to let me know that I did have an opportunity to pay the debt and that although he can sympathize I did have an option to go with another cell phone provider and not enter into the contract I had entered into. I told him that Verizon used deception and that out of principle I simply would not pay them. The bad credit score is now reversed and I'm under the impression that I can move on.

He then says that the company he represents is actually an arbitration firm that wishes to take the debt to court and that if I lose I am responsible for all lawyer costs, etc.

Thinking this is just a scare tactic, I say "OK."

He then wishes me luck with the arbitration, have a nice weekend and hangs up.....

Umm.... That was rather subtle for a scare tactic. Am I screwed???
 

Cobalt

Diamond Member
Apr 3, 2000
4,642
1
81
I work for AT&T and their excuse of paying the first bill is like agreeing to a contract is total BS. We can't do anything with a customer until they actually sign something. Fight it they have nothing on you.
 

Capt Caveman

Lifer
Jan 30, 2005
34,547
651
126
Originally posted by: cobalt
I work for AT&T and their excuse of paying the first bill is like agreeing to a contract is total BS. We can't do anything with a customer until they actually sign something. Fight it they have nothing on you.

I'm pretty sure he doesn't have to sign anything to be placed in a contract. All he needs to do is say yes to a new contract/plan over the recorded phone conversation.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
No. Its a fucking cell phone. They won't take you to debt over $200. It would cost them more. Just a scare tactic by some collection agency.
 

videogames101

Diamond Member
Aug 24, 2005
6,777
19
81
If it does go to court...

Any decent lawyer will win you this case, and btw, verizon will never pay up for a lawyer just to get $300 from you.

Your fine.
 

Specop 007

Diamond Member
Jan 31, 2005
9,454
0
0
Take you to court over 300? Almost certain they wouldnt.

Having said that, sometimes collection agents try to bullshit you with that line which is illegal. Next time they say that ask for their name, phone number and tell him your attorney will be contacting him, then request to speak to his supervisor.

If they are bluffing, the agent will be shitting little golden bricks by that point.
 

jonnyGURU

Moderator <BR> Power Supplies
Moderator
Oct 30, 1999
11,815
102
106
God, I hope so.

I mean... never mind the whole "contract" thing. Assuming that I was in fact under contract, which probably is true as shady as Verizon managed to pull it off, the debt is very old and the amount... in the grand scheme of things... is really small. Certainly not worth "arbitration."

I would just hate for a $300 default for not paying a penalty would turn into three or four times as much because some dumb cell phone company wants to make an example out of me.
 

Mermaidman

Diamond Member
Sep 4, 2003
7,987
93
91
Your timeline is confusing. Mostly likely a collection agency "bought" the debt from Verizon for a small % of the amount you owed. You can settle with the collector for a fraction of what you owed with the stipulation in writing that they report the debt as settled to the credit agencies. Also, pay with a money order or cashier's check, but not a personal check.

When did you incur the amount owed? If it's really old, no one can sue you for it and you can tell the collector to fcuk off. (But I'm not sure what the time limit is.)
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
136
If your profile is accurate (Illinois) then this suggests the statute of limitations could be 10 years (in which case you are still legally liable for the debt).

You really need to head over to http://www.creditboards.com/forums/, they'll show you exactly how to handle this. All of the selling/reselling of debt is helpful to you, the odds of them being able to verify the debt after all those is relatively unlikely.

First thing you need to do is quit answering the phone. Notify them in writing to contact you only via US Mail. Next you need to verify the statute of limitations that applies. If you're outside of that it's an affirmative defense & you can tell them to piss off. They can still harass you (though not by phone or its an FDCPA violation) but they can't legally extract any money from you.

Again, CreditBoards is your best friend right now. Go there.

Viper GTS
 

mayonnaise

Senior member
Apr 2, 2006
391
0
0
If you pay in a way you are acknowledging that you are indeed responsible for the debt.

I had a situation with Nextel where they tried to screw me on a cancellation fee. I had 2-3 collection agencies try to collect but they never got shit from me. Eventually I called Nextel for the 100th time and got promoted to higher people probably around 5-6 times. I specifically asked for the person that can solve the issue because a lot of representatives will say "I dont have that kind of authority."

After about 2 hours on the phone the guy figured out that he'll never see a dime from me and gave in. I requested an official letter stating that the problem was resolved and I owe nothing to them etc etc.

(As a side note, Nextel sold me a contract under the assurance that I was able to get service in a certain area, which I was not able to receive.)

Contact Verizon and dont give up until they fix it.
 

imported_Baloo

Golden Member
Feb 2, 2006
1,782
0
0
Yep, for this plan you canceled last year, not 7+ as you say in your title, you have to pay the cancellation fee. A verbal contract is binding - and you can bet they have a recording of you agreeing to the terms.
 

HyTekJosh

Golden Member
Jan 20, 2001
1,500
0
0
There was a similar post here on AT maybe this past summer? Basically there is a statue of limitations when a company can come after you for a debt. However, a certain action on your part (don't remember precisely perhaps starting to make payments or acknowledging the debt) can renew the debt and restart the statue. Be very careful in your communications! In certain states at 7+ years the debt may be null. You need to read up on state laws.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: Viper GTS
If your profile is accurate (Illinois) then this suggests the statute of limitations could be 10 years (in which case you are still legally liable for the debt).

You really need to head over to http://www.creditboards.com/forums/, they'll show you exactly how to handle this. All of the selling/reselling of debt is helpful to you, the odds of them being able to verify the debt after all those is relatively unlikely.

First thing you need to do is quit answering the phone. Notify them in writing to contact you only via US Mail. Next you need to verify the statute of limitations that applies. If you're outside of that it's an affirmative defense & you can tell them to piss off. They can still harass you (though not by phone or its an FDCPA violation) but they can't legally extract any money from you.

Again, CreditBoards is your best friend right now. Go there.

Viper GTS

Exactly.

Quit answering phone, make all contact in writing.Keep copys of all correspondence.
In the first letter to them make them verify the debt. Only copies of the originalare appropriate.Most bought debts will not be able todo this, if there has been a long passage of time, and / or several changes of hand.

Fight it, do not let it go unattended anymore.
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
Originally posted by: Capt Caveman
Originally posted by: cobalt
I work for AT&T and their excuse of paying the first bill is like agreeing to a contract is total BS. We can't do anything with a customer until they actually sign something. Fight it they have nothing on you.

I'm pretty sure he doesn't have to sign anything to be placed in a contract. All he needs to do is say yes to a new contract/plan over the recorded phone conversation.

This is usually only if they have you signed on file. Some places do use voice recordings as agreement, but these probably would not stand up in trial as it would be easy to rerecord a new question.
 

jonnyGURU

Moderator <BR> Power Supplies
Moderator
Oct 30, 1999
11,815
102
106
Originally posted by: Baloo
Yep, for this plan you canceled last year, not 7+ as you say in your title, you have to pay the cancellation fee. A verbal contract is binding - and you can bet they have a recording of you agreeing to the terms.

No. Why is it one year?

I said, in the body of the post, that over seven years ago I had PrimeCo. PrimeCo was bought by GTE and the GTE was bought by Verizon. I only kept Verizon for a little over a year after that.

Where in my post did I say the plan was canceled last year?

Originally posted by: Mermaidman
Your timeline is confusing. Mostly likely a collection agency "bought" the debt from Verizon for a small % of the amount you owed. You can settle with the collector for a fraction of what you owed with the stipulation in writing that they report the debt as settled to the credit agencies. Also, pay with a money order or cashier's check, but not a personal check.

When did you incur the amount owed? If it's really old, no one can sue you for it and you can tell the collector to fcuk off. (But I'm not sure what the time limit is.)

I don't think the timeline is confusing if you read the post. See my reply to Baloo above.

I know a collection agency bought the debt from Verizon for a small % of the amount owed because I said in my post "Over the years, I could see my debt being sold to different collection agencies. Sometimes the debt would go down to as little as $150."

That's one of the main reasons I think I'm "safe". The debt no longer "belongs" to Verizon, does it? They sold it to someone else that thought they could collect it from me. It shouldn't "all of the sudden", years later go to litigation, should it?

Originally posted by: Viper GTS
If your profile is accurate (Illinois) then this suggests the statute of limitations could be 10 years (in which case you are still legally liable for the debt).

Actually, I'm in Illinois now. I was in Florida when I was with PrimeCo/GTE/Verizon.
 

jonnyGURU

Moderator <BR> Power Supplies
Moderator
Oct 30, 1999
11,815
102
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This is interesting:

http://www.lawyersandsettlemen...phone-legislation.html

Specifically this:

Last year, Verizon Wireless settled a class-action suit claiming that the company over-billed customers and engaged in deceptive business practices. Customers who were involved in the lawsuit received two vouchers in the mail for discounts on various Verizon products and services. Verizon was also required to make its fees and charges more clear to customers and eliminate previous charges that consumer advocates felt were unfair.

Other cell phone companies are now facing lawsuits arguing that early termination fees are illegal. Those include a lawsuit against T-Mobile USA, filed in November, 2006, which claims that T-Mobile's $200 early termination fee violates consumer protection laws in 13 states.

Hmm....
 

xeemzor

Platinum Member
Mar 27, 2005
2,599
1
71
Originally posted by: sonambulo
man I hate Verizon. I hate Verizon so much

So switch? I read something on slickdeals that can allow some people to break out of the verizon contract without paying the ETF recently.
 

sonambulo

Diamond Member
Feb 22, 2004
4,783
1
0
I don't use them. I used to have them for landline until I moved and they couldn't get it to work for two weeks yet billed me for the whole entire time. Got frustrated, cancelled service, contested the charges, won, and waited about 6 months to see my money.

For cell phones I've got one phone on a Unicel contract line and a prepaid sim and a Virgin prepaid phone.
 

CptObvious

Platinum Member
Mar 5, 2004
2,500
1
76
I have to respectfully disagree with those who say that a collection agency won't file a suit for a couple hundred dollar debt. I've seen it done time and time again when I worked at a firm that sometimes defended these cases. The principal debt might only be a couple hundred dollars, but usually there is a contractual right for them to reclaim attorney's fees. On top of that, there was pre-judgment interest (at least in FL, but probably in your state as well). So when you get the summons it's probably claiming well over $3-4K.

I agree with the suggestions to look into some resources on debt collection. Verizon no longer has anything to do with the debt; they've written it off a long time ago. But the collection agency that bought the debt (that bought the debt from another, and so on) are subject to some federal and possibly state laws on debt collecting. If they violated any of them, you can use it as leverage during arbitration.

I did a quick search on IL statute of limitations, and it appears it's 10 years on written contracts. BUT, if the contract was entered into in Florida, then Florida law may apply, and the statute of limitations on written contracts there is only 5 years.

(BTW, I should add a disclaimer that you should talk to a lawyer in IL and not rely on what I said as legal advice)
 

xeemzor

Platinum Member
Mar 27, 2005
2,599
1
71
If they can't produce a contract of any sort, doesn't that kind of make their argument null and void?
 

maxster

Banned
Sep 19, 2007
628
0
0
You should have sued Verizon the first time they try to bill you for cancelling a contract which you did not enter into and try to get a Class Action against them.

Switching plan does not = new 2 year contract.

Should have sued and made millions.
 
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