Cell Phone early termination??? DISPUTE?

[cturboaddict]

Illinois~
My wife and I have a cell phone plan through AT&T. About three years ago, (after my phone broke on my personal plan) I dropped my plan at the time, and got onto her carrier with a family plan. We had to buy a new phone, and we also added her mother who resides out of state.
When i went into the store I wanted an Iphone-they didnt have any, so i opted for an htc windows based phone (irrelevant). After hating the phone for long enough, and her current phone was falling to peices~ We went down to the big At&T store and bought two new Samsungs and upgraded to a data package for her phone. This happened around Jun of 2010 when the phone was released.

We now have received an "early" termination fee from some rinky dink cell phone company for her phone number? We did nothing but upgrade the phones (they contacted att to see if we were eligable). We only took the sim cards out of our phones and put them into the new ones. NOTHING CHANGED beyond that.
This other company is stating that we canceled our contract with them when we bought a new phone? Which never happened. We have had this contract with ATT for many years...

Is there a way i can dispute this before then send it to collections???? We have tried to contact them, but they stated that they could not pull up the information as their system was down, and we didnt hear back from them. Yesterday we received a letter saying they tried to contact us and that since we bought a new cell phone that voided our contract?????? WTF???

 

[cturboaddict]

Please let us know what we can do so this doesnt effect our credit...

 

[FlyingRon]

Absent knowing what the terms you had with the "rinky dink" cellphone company, we can't tell. Upgrades almost always come with new contractual commitments. These reseller phone companies have some of the most onerous terms.

It takes a few months, but the general way I've gotten a hold of intelligent life is to go to the FCC.GOV site and use their online "FILE A COMPLAINT" form.

 

[Kiawah]

You're going to have to understand the specific reason of the charges, more than you referenced above.

However, I suspect the charges might be caused because of your windows based phone. You were probably given the phone for free (or heavily discounted) to commit to a length of service with that phone. You didn't have it long enough, before shifting to a new Samsung.

 

[cturboaddict]

Im going to try and see if there even was a contract. But im looking deeper into it. The letter we received states that when we purchased the new Samsungs we broke our contract with their company??? How i dont know, we paid FULL price for the phones. So if it was a "new contract" we should of gotten the "new contract" price. Our phones were not due for upgrade, and we were about six months out.

All we did was purchase a new phone for me from this store, and the bill isnt even coming for my number, its coming for the phone under her number?
Ill try and contact them tomorrow, and ill def look into the FCC.gov site that you mentioned to file a complaint. I dont really want some silly charge on my wifes credit, and im not just giving away $300 to some company for something i think is wrong just to keep them quiet.

 

[cturboaddict]

You're going to have to understand the specific reason of the charges, more than you referenced above.

However, I suspect the charges might be caused because of your windows based phone. You were probably given the phone for free (or heavily discounted) to commit to a length of service with that phone. You didn't have it long enough, before shifting to a new Samsung.

I doubt over $500 is discounted and its surely not free......

 

[OHRoadwarrior]

Sounds like the one phone came through a reseller, like one of those ATT kiosk things. When you shifted her account to ATT directly and bypassed them, they are claiming you broke the secondary contract with them.

 

[davew128]

However, I suspect the charges might be caused because of your windows based phone. You were probably given the phone for free (or heavily discounted) to commit to a length of service with that phone. You didn't have it long enough, before shifting to a new Samsung.

Highly unlikely since OP remained with the same carrier and UPGRADED THEIR SERVICE. More likely that someone screwed up some paperwork.

Termination fees are based upon continued service through the carrier, not the use of the phone. Had OP purchased their new Samsung phones off of Craigslist for $10 and swapped SIM cards, we would not be reading about this situation.

 

[FlyingRon]

Im going to try and see if there even was a contract. But im looking deeper into it. The letter we received states that when we purchased the new Samsungs we broke our contract with their company???

It's not the NEW phones that were the problem but your attempt to terminate the service they were selling you under the family plan (it matters not if the underlying carrier was the same).

 

[cturboaddict]

I looked through the paper tonight they have sent.

All it says is that when we purchased our Captivates is when we violated our contract. I dont know how??? It all stayed the same with the exception of new phones and added a data package. According to their paperwork with their "rules", we have not violated anything.

I dont want this to end up on my wifes credit. Its rediculous.

 

[TigerD]

I'll bet when the OP got his new phones, he got new phone numbers.
If that is the case, then the place he bought the phones at canceled his old contact -- triggering the fee -- and put him in a new contract in order to get the discount.

OP: You got screwed. But it is your fault. You didn't read and understand what you were signing. You are going to have to pay it.

DC

 

[cturboaddict]

I'll bet when the OP got his new phones, he got new phone numbers.
If that is the case, then the place he bought the phones at canceled his old contact -- triggering the fee -- and put him in a new contract in order to get the discount.

OP: You got screwed. But it is your fault. You didn't read and understand what you were signing. You are going to have to pay it.

DC

Nope~ Same numbers, same contract. Never signed anything at all when i got the new phones. Just came in, swapped out sim cards, upgraded plans to additional data package, and added insurance on account.... Thats all. According to their paperwork-I HAVE NOT VIOLATED MY CONTRACT. It says directly on the back that all i had to do was keep my account with ATT- says nothing of buying new phones... Says, I cannot "downgrade" my plan~ and i did not do that, I upgraded.

 

[FlyingRon]

Whether the phone numbers changed matters not.
Whether you got new phones matters not.
Given the skant information, I'm still going back to the phrase "got onto her carrier with a family plan. We had to buy a new phone, and we also added her mother who resides out of state." This almost certainly started a new contract.

 

[cturboaddict]

But they stated that the violation was WELL after that, and they are stating its around the same time we bought the new samsungs....

We added myself and her mother at the same time at the original place??? Not later down the road....