Screw the phone companies

[Humodour]

They just disconnected my mobile after a month of a 2 year plan. Claim they don't have a certificate proving my proof of residence or signature because the driver's license they scanned is expired. **** those bastards.

 

The dickheads can't keep charging me each month or anything can they? I did kind of get the phone free on the proviso that $20 minimum would be charged to my account each month, but it's one of the "that's $20 worth of calls you get" things, so if I'm not calling...?

 

Dammit to hell.

Edited December 15, 2007 by Fionavar
Some of the tone - though understandable - was not completely appropriate.

[samm]

The dickheads can't keep charging me each month or anything can they? I did kind of get the phone free on the proviso that $20 minimum would be charged to my account each month, but it's one of the "that's $20 worth of calls you get" things, so if I'm not calling...?

Yes, I'm afraid they can. I've been to a phone store lately because my old mobile phone needed to be replaced, and there was someone whose phone had been stolen, so he had his sim deactivated by the company. He was at the store asking why he had to pay monthly bills even though he was unable to use his phone even if he had it, because the sim was disabled. They told him he agreed to paying a monthly fee of XX CHF for two years when signing the contract, that did not state that you don't have to pay when you cannot use your phone.

In your case, I assume you have to pay $20 anyway, you'd just not have to pay for calls until their cost hits those $20. Reread your contract, and get to their store as fast as possible with a valid ID, or frustration could be great.

 

Note though, I'm living in a different country, so my guesses may be wrong.

[Humodour]

Everything you said sounds correct. *sigh* right then, some nasty phone calls on Monday.

 

EDIT: Hmmm... not as horrible as I thought. It'd be a total of $460 wasted over 2 years (Not bad considering the phone is like $400 and was free with he plan). I believe the phone is not network locked, either, so it could be worse. I'll definitely be trying to get reconnected though.

Edited December 15, 2007 by Krezack

[SteveThaiBinh]

Whatever the outcome, make sure you report them to your national consumer association, whatever it's called. They may also be able to give you advice if the phone company don't reconnect you speedily. There are bound to be others in the same position as you, and the phone company may have some legal obligations that it would rather you didn't know about - always worth checking.

[Humodour]

Ok, thanks - good idea. I just checked the consumer watchdog website and it appears that contractually if a phone is lost/stolen they are allowed to keep charging.

 

My points of contention are: Why was I not given prior notice of the disconnection if my details weren't valid, is the contract valid if my details aren't all there, is it not the company's fault for not getting the correct details from me before they themselves signed the contract? Well, I'll take it up with them.

[tarna]

Everything you said sounds correct. *sigh* right then, some nasty phone calls on Monday.

Buckethead...if they continue to bill you, tell them to shove it up their ass. They accepted your contract under the accepted conditions. If there is an error, it is typically weighted against the contract writer ( as they are expectd to know what they are doing ). If they continue to bill you, protest the billing with you credit card as fraud as they are billing you but not providing you with the agreed upon service. They broke the service agreement, not you. You simply acted as the agent required you to do so. If there is a flaw in the transaction, it is upon the 'agent' to correct the problem not you! This is law. If some slack-jawed piece of crap decides to push the issue, remind them of the Magnisun Loss Act in which case in which case all legal fees will be religated to the looser of the law suit as it is a 'specific performanance' loss. In a nutshell...If you buy a refrigerator, it is not unreaseonable ( sp? ) to expect it to behave as a refrigerator for a reasonable amount of time, reguardless of what the warranty states. Your contract was accepted by a recognised agent of the service provider and it woud be reasonable to expect that they hold up their end of the agreement as they are the professionals. They accepted your contract under the information supplied and in is reasonable to expect that their agent 'had a clue' as to what was required to fullfill the requirements, NOT YOU! They are the profionals ( WTF!!!! Sp? ) and and expected to know how to write a contract.

One of the nice thing about the Magisun Loss Act is the legal fees are covered in the suit IF you win. Your legum will know this. If the maggots threaten to mark you credit with an unpaid contract agreement, tell them that you will will file against them with a 'Slander of Credit' with the Federal Trade Commission ( and be ready to do so.). It could get ugly at this point but contact me if you need to and I will let know how to do so as I am in the process of the with my daughter ( and you better believe I am a viscious, knife-in-the-ear, son-of-a-bitch where my daughter is concerned!!! ).

[Blank]

Enter: Tarna.

 

Good to see you around ol' chap.

Edited December 15, 2007 by Blank

[Guard Dog]

Everything you said sounds correct. *sigh* right then, some nasty phone calls on Monday.

Buckethead...if they continue to bill you, tell them to shove it up their ass. They accepted your contract under the accepted conditions. If there is an error, it is typically weighted against the contract writer ( as they are expectd to know what they are doing ). If they continue to bill you, protest the billing with you credit card as fraud as they are billing you but not providing you with the agreed upon service. They broke the service agreement, not you. You simply acted as the agent required you to do so. If there is a flaw in the transaction, it is upon the 'agent' to correct the problem not you! This is law. If some slack-jawed piece of crap decides to push the issue, remind them of the Magnisun Loss Act in which case in which case all legal fees will be religated to the looser of the law suit as it is a 'specific performanance' loss. In a nutshell...If you buy a refrigerator, it is not unreaseonable ( sp? ) to expect it to behave as a refrigerator for a reasonable amount of time, reguardless of what the warranty states. Your contract was accepted by a recognised agent of the service provider and it woud be reasonable to expect that they hold up their end of the agreement as they are the professionals. They accepted your contract under the information supplied and in is reasonable to expect that their agent 'had a clue' as to what was required to fullfill the requirements, NOT YOU! They are the profionals ( WTF!!!! Sp? ) and and expected to know how to write a contract.

One of the nice thing about the Magisun Loss Act is the legal fees are covered in the suit IF you win. Your legum will know this. If the maggots threaten to mark you credit with an unpaid contract agreement, tell them that you will will file against them with a 'Slander of Credit' with the Federal Trade Commission ( and be ready to do so.). It could get ugly at this point but contact me if you need to and I will let know how to do so as I am in the process of the with my daughter ( and you better believe I am a viscious, knife-in-the-ear, son-of-a-bitch where my daughter is concerned!!! ).

 

Good advice for rattling someone on the phone. It won't work with some one on the other side who knows what they are doing. I've never heard of the Magisun Loss Act and a google turned up nada. The short answer is if the contract states "Thou shalt pay at least X$ no matter what" you really don't have a leg to stand on. However, US law will not help Krezack much I'm afraid, I believe he is in Austrailia.

 

Krezack, I doubt they will continue to bill you. Most contracts have out clauses for both parties. If you wished to terminate a cell service contract early there is usually an agreed upon fee based on how long you have been in the contract spelled out. If the cell company subsidized a phone they would ask you to pay for it (pro-rated value). If THEY terminate it, as in your case, they will probably ask for the phone back. I would get your contract out and read it over and see exactly what their and your responsibilities are. Since the contact is not being terminated due to any faliure to comply with terms on your part (as in non-payment) you will probablt not have a very hard time with them.

Edited December 15, 2007 by Guard Dog

[LadyCrimson]

It does seem odd that the cell company would accept the contract in the first place, if the ID was expired at the time of signing. I'd definitely be irritated over that. As some others said, just try to give them a current ID or something and get rehooked up.

 

I still personally dislike cellphones on general principle, and those contracts suck any way you slice it, but I do like my little pre-paid phone, that I aquired recently so hubby (and only hubby) can call me. If you plan on not using a cell for too much yakking/texting/work etc, pre-paid is the way to go, imo. Unless you want a really specific cell unit, that is. The selection for pre-paid is usually limited.

[tarna]

Enter: Tarna.

 

Good to see you around ol' chap.

Good to see you as well buddy.

I've never heard of the Magisun Loss Act and a google turned up nada.

That's because I wrote so badly that even Google didn't know what I was talking about.

Magnuson-Moss Act

http://en.wikipedia.org/wiki/Magnuson-Moss_Warranty_Act

Purpose of the Magnuson-Moss Act

According to the Report of the House of Representatives which accompanied the law (House Report No. 93-1197, 93d Cong 2d Sess.) the Magnuson-Moss act was enacted by Congress in response to the widespread misuse by merchants of express warranties and disclaimers. The legislative history indicates that the purpose of the Act is to make warranties on consumer products more readily understood and enforceable and to provide the Federal Trade Commission with means to better protect consumers (Davis v. Southern Energy Homes, Inc. 305 F.3d 1268 (11th Cir. 2002)).

 

The statute is remedial in nature and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act.

 

However, US law will not help Krezack much I'm afraid, I believe he is in Austrailia.

Yeah, I should have remembered that. I've 'known' Krezack so long that I think of him as a neighbor and don't tend to remember where he actually lives. That's why I called him by an old nick-name that he earned at Black Isle.

 

As you said though, nothing of what I recommended would be usefull in his situation.

[Sand]

This sort of contract thingies is why I will not ever get a cellphone. Phones are evil.

[Nick_i_am]

But what about all the people who want to talk to you?

[Sand]

They can email me or come to these forums and PM me.

Edited December 15, 2007 by Sand

[Nick_i_am]

Understandable.

[Krookie]

Eh, Sand doesn't really need a cell phone anyway. I mean (and I'm not trying to sound like a jerk), but as far as we know he's unmarried without children and doesn't speak to his family much. So who's gonna really, urgently need to reach him? Waste of money for him it sounds like.

Edited December 15, 2007 by Krookie

[Blank]

Eh, Sand doesn't really need a cell phone anyway. I mean (and I'm not trying to sound like a jerk), but as far as we know he's unmarried without children and doesn't speak to his family much. So who's gonna really, urgently need to reach him? Waste of money for him it sounds like.

So is the solution for him to find Mrs. Hades? I think she should post here more and stop hogging Sand all to herself. As his close friends it is only proper for them to be around us as they interact.

 

...

 

What did I eat today?

Edited December 16, 2007 by Blank

[Sand]

Eh, Sand doesn't really need a cell phone anyway. I mean (and I'm not trying to sound like a jerk), but as far as we know he's unmarried without children and doesn't speak to his family much. So who's gonna really, urgently need to reach him? Waste of money for him it sounds like.

 

That is pretty much the long and short of it. I do have a normal, corded phone which my Internet goes through. Most of the time I just let the answering machine deal with any incoming calls.

[Walsingham]

Phones are the devil's work. I believe only in email, the cable telegraph, and dispatch riders.