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

[mrSHEiK124]

Originally posted by: maxster
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.

Switching plans with Verizon DID until VERY RECENTLY mean new 2 year contract, except they never really mentioned it. AFAIK they got sued for it and now allow plan switching.

 

[Anonemous]

Originally posted by: sonambulo
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.

Wish there was verizon in my area for FIOS...

 

[jonnyGURU]

Originally posted by: mrSHEiK124

Originally posted by: maxster
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.

Switching plans with Verizon DID until VERY RECENTLY mean new 2 year contract, except they never really mentioned it. AFAIK they got sued for it and now allow plan switching.

Right. It's actually not an uncommon practice. Nextel did the same thing. I tried to switch to Cingular recently from Nextel and they said I'd have to pay an early term fee because I re-did my plan within the last two years. They were good enough to restructure my plan to match the cost savings I would've gotten with Cingular and NOT commit me to another two years.

 

[jonnyGURU]

Originally posted by: Anonemous

Wish there was verizon in my area for FIOS...

Whoa! Off topic for off topic!

Ok.. So I did some looking around and this is what I found out...

I would've been better off staying in FL. Apparently the law down there prohibits phone harrassment. They would only send me letters telling me that they lowered the debt... which I just threw away.

Now that I'm in Illinois, the rules have changed.

The guy that called was apparently not using a scare tactic, which is why he was so mellow. They can call to confirm that I am the person with the debt, aware of the debt and what my current residence is so they can send me a letter.

DAMN ME FOR ANSWERING THE PHONE!

They can and probably will send a letter giving me 30 days to dispute the claim. If I don't dispute the debt, they CAN take it to court and I am responsible for all legal charges if they find I'm responsible for the debt.

If I respond within 30 days contesting my responsibility for the debt, the debt collector has to then find proof that the debt is mine. In this case, some signed contract or proof otherwise that I negotiated a two year contract with Verizon.

If they can't get this proof, it's dropped.

What's funny is I can't find what happens if they DO find some sort of proof. I guess that's when it goes in front of a judge???

 

[gnumantsc]

If you read the Consumerist you can technically cancel your "contract" due to the change in rates of text messages which lets you cancel your contract without ETFs. Here is a link http://consumerist.com/349037/...izon-contract-for-free

 

[jonnyGURU]

Originally posted by: gnumantsc
If you read the Consumerist you can technically cancel your "contract" due to the change in rates of text messages which lets you cancel your contract without ETFs. Here is a link http://consumerist.com/349037/...izon-contract-for-free

Interesting read, but my relationship with Verizon was 5 to 7 years ago, terminated back then and I didn't even have text messaging with them to begin with.

 

[rezinn]

Screw them. They aren't going to take you to court for 300 dollars.

 

[bonkers325]

Originally posted by: rezinn
Screw them. They aren't going to take you to court for 300 dollars.

if they're sure that they will win, they will take you to court and have you pay all their lawyer fees.

 

[Sphexi]

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.

Legally, the longest contract you can verbally agree to is 11 months, AT&T used to have people agree to new contracts for plan changes similar to the one the OP did, but has since stopped doing so. I honestly don't know if Vzn does so anymore, but they did years ago so I can see how he would've possibly been put into a new contract, but not 2 years, and not without them telling him.

 

[DrPizza]

Originally posted by: rezinn
Screw them. They aren't going to take you to court for 300 dollars.

Unfortunately, some of these bottom dwelling collections agencies are counting on people having your attitude. You get a letter saying they're taking you to court, and you dismiss it as a scare tactic. Next thing you find out is that you didn't show in court and they won a judgement against you, including attorney's fees, etc. That small debt that you knew wasn't a real debt and chose to fight by ignoring it can turn into a huge debt.

 

[lokiju]

Maybe this will help you out?

http://www.dslreports.com/show...ver-Class-Action-91448

 

[AlienCraft]

Originally posted by: rezinn
Screw them. They aren't going to take you to court for 300 dollars.

Wrong.

 

[IceBergSLiM]

tell them to back off wesley snipes style.

 

[Double Trouble]

jonnyGURU, looks like you've done some homework, that's good. Answering the phone and talking to a collector in any way shape or form is a bad idea. Nothing they promise or agree to will 'stick', as you have no documentation, and they'll try to extract any information or agreement they can from you. First thing to do is tell them (in writing) to not contact you in any way other than by us mail.

Basically, the whole 30 day dispute window is baloney. If you get a letter saying you owe something, notice that usually it says in there that if you don't dispute it within 30 days they will 'assume the debt to be valid' etc etc. They can assume anything they want, it doesn't make it more (or less) legally obligating. They can take you to court if they choose, in which case you'll have to defend yourself in court. Most companies don't bother to do so for such small sums, but they can. Either way, you won't just "end up with a judgment against you" or something, there is a whole court process (and potentially a trial) to go through before you get to that point.

The arbitration issue clouds the picture. More than likely, they have a clause in their contract that says any disputes between you and the provider have to go to the arbitrator. That's becoming a favorite of these companies and CC companies because the arbitrator is paid by them and will always rule in their favor. If that's the case, you have to go on the angle that you never agreed to any such provision, and no, sending a check does not mean you agreed to that provision.

Go read up on creditboards, there's lots of pitfalls you have to be aware of when dealing with the snakes.....

 

[darkxshade]

It would be sort of funny if you told them if they did bring you to court and won, now they won't be receiving 300 + lawyer fees so they may as well beat a dead horse for a few more years and sue you for 300 + lawyer fees + lawyer fees.

 

[mcvickj]

I just made a change to my plan over the phone with Sprint/Nextel in December and the person I was talking to told me that I would be agreeing to a new 2 year contract. I didn't sign anything but I'm now with them for the next 2 years unless I want to bend over and pay the fees. Obviously not the same company but some food for thought.

 

[Mxylplyx]

Sprint pulled similar shit on me several years ago. Both me and my wife switched plans. They renewed her contract, and not mine, and made no mention in either call of a contract extension. I cancelled with no issue, and they dinged her for the cancellation fee when she cancelled. When I called them up, they claimed they had 3rd party verification of her agreeing to the contract extension, however they refused to produce any such verification when asked. I finally said fuck it since we never use her credit anyways. Those fuckers will never get a dime from me, and I hope they rot in hell.

 

[manowar821]

Originally posted by: Mxylplyx
Sprint pulled similar shit on me several years ago. Both me and my wife switched plans. They renewed her contract, and not mine, and made no mention in either call of a contract extension. I cancelled with no issue, and they dinged her for the cancellation fee when she cancelled. When I called them up, they claimed they had 3rd party verification of her agreeing to the contract extension, however they refused to produce any such verification when asked. I finally said fuck it since we never use her credit anyways. Those fuckers will never get a dime from me, and I hope they rot in hell.

:thumbsup:

 

[jonnyGURU]

Originally posted by: tagej
Basically, the whole 30 day dispute window is baloney. If you get a letter saying you owe something, notice that usually it says in there that if you don't dispute it within 30 days they will 'assume the debt to be valid' etc etc. They can assume anything they want, it doesn't make it more (or less) legally obligating. They can take you to court if they choose, in which case you'll have to defend yourself in court. Most companies don't bother to do so for such small sums, but they can. Either way, you won't just "end up with a judgment against you" or something, there is a whole court process (and potentially a trial) to go through before you get to that point.

It's no baloney depending on what state you're in, which is why all of this BS cropped up after I moved to Illinois.

But the letter does have to be sent registered so they have proof that I even RECEIVED the letter.

But I'm back to thinking it was just a ploy because last night I got a call from "UNKNOWN CALLER" and there was the same recording I had before that said "Please wait on the line for an important call for <bad computer voice>GENE CLOD GOAROROREW</bad computer voice>.

Hmm..... If they had sent me a registered letter telling me that they were taking my supposed debt to litigation... why would they need to call me a week after the last call? If I had received a registered letter, I would have to sign for it. And when I signed for it, they would know it!

So I do think it's all a scam from a debt collector.

 

[RagingBITCH]

Pound sand? lol... Good luck jonny!

 

[adairusmc]

Originally posted by: sonambulo
man I hate Verizon. I hate Verizon so much

:thumbsup:

http://verizonpathetic.com/

 

[Chadder007]

Counter sue for 2 Million dollars for Mental Anguish that they have caused you.

 

[OutHouse]

its no bluff. collection agencies are the devil when it comes to court. you better settle with them now it will be a lot cheaper for you because if they take you to court you will pay a whole lot more.

 

[jonnyGURU]

Citrix: Works for collection agency.

 

[xboxist]

I'd ask yourself this:

Can I afford to be wrong about this and be taken to court and be stuck with a $300 balance + my lawyer fees + their lawyer fees?

If the answer is no, suck it up and pay them off. Yeah, being stubborn and fighting for principle and nice and shit, but your wallet doesn't give a damn about that crap.