canceling service

[landlord51]

What is the name of your state (only U.S. law)? Pennsylvania

Hi,

I have a 3-yr contract with a telecommunications company for four telephone lines in four apartment buildings that were installed because of township requirements for the fire department.

So, I'm about 1.5 years into this contract and from the get-go service has been HORRIBLE. Customer service is non-responsive, the bills were higher than what was promised, and in addition to the deceptive billing practices, the bills often get screwed up and this problem has been reoccurring.

I've already added another provider for the job because the competitor was offering these lines at a much lower cost (and the bills prove it).

I'm trying to cancel service with this other provider and what I seemed to have singed off on initially is that I would be subject to cancellation fees if I terminate early. When I called just now I learned those fees would be about $350 per line ($1400 total).

They faxed me a 'letter of disconnect" and are making me sign off on MORE terms - 1) that I agree to cancelation fees 2) that they will still bill me 30 days in advance after the cancellation.

So - MY QUESTION: Suppose I don't sign these new terms for cancellation? Why can't they just TERMINATE asap without me signing their "letter of disconnect" - and I've already faxed them a letter ordering service to be disconnected a month ago and they are just now responding by faxing me this 'letter of disconnect' I'm supposed to sign and fax back (oh and they sent a new bill in the meantime). Is there anything I can do or a way to do this to order them to cancel without signing off on their newest terms?

Thanks in advance for any advice!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[George1776]

You would have to refer back to the original contract to see if these fees would even have the glimmer of them being able to collect. (and/or any updates to the contract between ordering and now).

But even if they are in the contract, the question remains: did they perform? You say no. They'll say yes.

If they wish to take you to court they can (if you paid my credit card then you'll need to contact you cc company & discuss this issue with them prior to disconnecting ... they may be able to refuse them to charge you after a certain date w/o the need to cancel the card).

We don't know exactly what services are being provided so help here will be limited & opinions should be seen by you as questionable.

 

[landlord51]

thanks, George.

The service being provided is for telephone landline.

I wrote:

I have a 3-yr contract with a telecommunications company for four telephone lines in four apartment buildings that were installed because of township requirements for the fire department.

The reason for the lines are because the township required them for emergency services. So the telephone lines functioned as they were supposed to (they are never used, but that's beyond the point).

The reason why customer service was called on in the past is that they kept screwing up the bills by sending them to the next door apt complex. This took about 6 billing cycles to rectify and a number of late fees I had to dispute. The response to customer service was unacceptably slow, to say the least, but I was also dissatisfied with them because they advertised that my bill would be (and yes, the sales guy included all of the fed taxes and fees) and $50 more per line per month than it actually was. They gave me a lot of lip service about why the monthly was this amount and not the other amount but it was all too late because I was stuck in the contract already.

opinions should be seen by you as questionable.

um, okay, I suppose. Did you need more information so I don't come off as "questionable" - just trying to keep my post short and readable, not trying to elude information.

But no credit card involved. I'm at a stand off with them because I'm not signing their long-winded-fine-print "letter of disconnect" contract and I'm insisting they disconnect my service asap. They seem to be covering themselves a little too much by making me sign AGAIN I agree to cancellation fees - why would this be legally necessary for them? Any insight?

 

[justalayman]

If you don't want to sign the new termination notice or whatever it is, then don't. As long as you can prove you sent them a notice to terminate , quit paying them, except for the termination fee you agreed to.

Just make sure you are fulfilling all of the requirements of the contract.

Then, if they continue to bill you, I would simply send a copy of the original termination letter with some proof of payment of the termination fee and a note telling them you have cancelled and paid the required termination fee as of the date shown on the correspondence.

What happens after that is up to them. Hopefully they will let it go. If not, you will have to deal with whatever they do then.

 

[landlord51]

okay, thanks, justalayman.

I just dug out the original contract and have to really go over it. It's 6 pages long and in 7-point type, and it's written in a lot of legalese so hard for me to make out. I know it was a mistake to go with these guys, they are not a high-profile company like their competitor, and the contract I signed said I would pay $66 total for four lines and then when my bill came up as $149 I was floored (the first bill had all of the activation fees, pro-rates, etc., so that one I was expecting to be higher, but then when the next one came I was floored and felt deceived. And then the screw-up with the address...and the lack of response to customer service. I can't imagine if there was an actual problem or technical problem I'd have to deal with them. But this company stinks. And was all over the internet that this company stinks, I just didn't do my research.

But if they have a legal obligation to cancel when I tell them to cancel then I won't sign their form.

Also - there is nothing in the original contract (and no revises to contract in the meantime) about the $ amount of the cancellation fee or how it might be computed, which is why it must be to their advantage for me to sign this letter, but I don't know. And yes, I do have the original order to terminate letter I faxed to them and they have it too because they faxed it back to me already.

Alright, I'll continue with my stand-off and see what happens.

thanks again, and i'll check back again if there are additional comments.

 

[justalayman]

Depending on what proof you may have regarding the monthly fees, if you can support they were deceptive or outright lied, you might have been able to terminate the contract back when first discovered. The fact you had not for 1 1/2 years would cause you to lose that right.

But if they have a legal obligation to cancel when I tell them to cancel then I won't sign their form.

they have a legal obligation to abide by the contract. That is why I couched my answer with:

Just make sure you are fulfilling all of the requirements of the contract.

You are both bound by the terms of the contract.

lso - there is nothing in the original contract (and no revises to contract in the meantime) about the $ amount of the cancellation fee or how it might be computed, which is why it must be to their advantage for me to sign this letter, but I don't know. And yes, I do have the original order to terminate letter I faxed to them and they have it too because they faxed it back to me already.

is there even a right to cancel? If not, then you do not have a right to cancel...at all. You are bound to the terms of the contract for the stated duration of the contract. If they allow you to cancel for a fee, then what they charge is up to them. Again, you are both bound to the terms of the contract. If you both agree to an addendum (such as a right to terminate for a fee), you can both alter the contract as long as it is agreed upon by both parties.

That may be why the cancellation agreement now. There may be no right to terminate within the contract and this is an addendum. If so, your failure to accept the addendum means you have no right to cancel, at all.

Read the contract before taking any further actions.

 

[landlord51]

Gotcha.

The fact you had not for 1 1/2 years would cause you to lose that right.

figured this already.

is there even a right to cancel? If not, then you do not have a right to cancel...at all. You are bound to the terms of the contract for the stated duration of the contract. If they allow you to cancel for a fee, then what they charge is up to them. Again, you are both bound to the terms of the contract. If you both agree to an addendum (such as a right to terminate for a fee), you can both alter the contract as long as it is agreed upon by both parties.

not an issue here - there's a section on canceling - mentions there will be cancellation fees incurred upon cancellation.

So why the addendum at cancellation then? Any other insights (by the way, thanks for your help, justalayman, this is all helpful!)

 

[landlord51]

Just an update that this is resolved today. Posting if anyone might be in a similar situation. But I was in a stand-off w/this co. for five days refusing to sign their new "terms of cancellation" document. They stopped faxing me the letter of disconnect and finally called today. I settled with them on the phone for $600 to end all contractual obligations. This is better than the $1400 + next 30 day billing for $149. They put it all in writing in a fax and I sent them a check.

 

[justalayman]

congratulations.