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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114019
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Good morning, I entered into a two year contract for services

Resolved Question:

Good morning,
I entered into a two year contract for services with Direct TVof Tampa, FL in Aug. of 2004. After one year, I relocated to an area that did not provide services. The representative told me that if I returned the equipment I would be released from my contractual obligations. I returned the equipment as agreed, and heard nothing from them for more than three years. In November of 2009, I received a phone call from a representative seeking the $170.00 "broken contract" fee. Is there a statute of limitations for collecting this fee? Also, am I obliged to pay this if they were unable to provide service to me?
Thanks,
Doreen O'Rourke
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
Unfortunately, under FL law the statute of limitations is 5 years from the date of the breach of the contract. Also, if the representative gave you the assurance in writing that the contract could be canceled without fees, then you would have grounds to fight them over the fee. However, if you got no written release from the contract, then I am afraid that you would be obligated to pay and DirectTV has a reputation for pursuing these claims.


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Law Educator, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.

Thank you. This is very frustrating. I always assume that others maintain a minimal level of integrity. The collecting agency is AFNI, which is notorious for dredging old accounts and seeking partial compensation.

Thanks,

Doreen

Expert:  Law Educator, Esq. replied 7 years ago.
I understand and what you need to do with the collection agency is send them a letter denying you owe any money and tell them as is your right under the Fair Debt Collection Practices Act you are demanding they provide you with proof that this debt is yours with copies of all signed contracts and also demand they provide you an itemized statement of the account and proof that they have authority to collect this debt. Tell them that failure to provide this upon your demand is a violation of the Fair Debt Collection Practices Act and will lead to you suing them for violations of the Act and for attorney's fees as provided for in the Act. Many times these credit collectors do not have the proper information to even collect on a debt and these letters cause them to stop bothering you and transfer the debt to someone else to try to collect.
Customer: replied 7 years ago.

Thank you very much. I've composed my letter and will send a copy to the FTC in Atlanta as well. I appreciate your time.

 

Expert:  Law Educator, Esq. replied 7 years ago.
Good luck to you on this and thank you. Please do not forget to click accept to release your deposit.

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