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Cell Phone Contract Problems

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JohnErick

Member
What is the name of your state? California

Hi. I recently completed a one year contract with TMobile. They offered me an upgrade price on a new phone and I decided to try it. This also locked me into a 2 year contract extention. Their policy is to return within 14 days of purchase to obtain a release from the new contract.

The phone ended up not working properly (no signal) where I had always managed to have a strong signal with the old phone. I called and they said my 14 days was up the next day, and if I returned the phone postmarked in time I would be ok. I also explained at the time that I had applied for the rebate as I usually do right away and it was not going to be a problem. I enclosed a copy of the side of the box that was sent for the rebate so they would have all of the identifying information at the return center.

I put tracking and insurance on the return. The tracking stated the phone was returned 2 weeks ago this Labor Day, but they state they don't know where the phone is. The deadline for a reply was Sept. 2 but in that reply they said they have not found anything yet... they extended it to Monday which is Labor Day.

At this point, I told them I want to cancel. After I did all of this mess, I found out they dont even service the area I will be moving to by the end of the year. They said as of now, I would be held to the price of the phone $120, the early term fee of $200 and all of my billing. I have no new phone now.

My question is, can I file a small claims action, even if I'm disputing the billing for the lost phone, even if I do not pay that portion of the bill? I also have never received a statement that clearly shows the price for the phone so it may be hard to claim with the post office.

There have been many other problems with them and I'm an idiot for even considering a new contract; this I admit. Can I file a small claims case in my county? This service was all signed up for online; does my county have jurisdiction? I am seriously afraid I'm going to be stuck for this contract and phone that is LOST! All I want is out of the contract, no phone charge - I did as I was asked by them. I don't want it on my credit down the line and I don't want collection agencies bothering me and damaging my credit.

HELP!!
 


racer72

Senior Member
JohnErick said:
My question is, can I file a small claims action, even if I'm disputing the billing for the lost phone, even if I do not pay that portion of the bill?
You have not suffered any damages or losses, you cannot file a lawsuit, especially small claims.
 

JohnErick

Member
Small Claims

Thank you for the reply. So if I do pay the cost of the lost phone and the early termination fee, do I have a case to file a small claims action to try and recover any of the payments made not relating to actual service?

A note on the early term fee, they said when the phone is returned, it can take up to 30 days to adjust the billing. Of course this means if I cancel before they either admit they found or lost the phone, I am still liable for the early term fee as the maximum 30 day adjustment period hasn't arrived. Is there a point past this waiting period, phone found or not, that I can cancel (regardless if I have to pay the $200 term fee) that I can claim I am rightfully entitled to a refund of that early term fee? (again this is all hedging on if I would still have any right to try and reclaim lost money paid).

Thank you for your time!
 

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