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!!
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!!