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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 45622
Experience:  32 years of experience practicing law and a businessman.
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We have a company that we signed a contract with for Home Security.

Customer Question

We have a company that we signed a contract with for Home Security. This company failed to provide us with accurate, info, welcome packet and on top of that their monitoring service did not work. 4 times our alarm went off and the Police or EMS was not alerted. We stopped paying them as they could not even find our account when we called. They now have a company harassing us for payment. BBA was not helpful at all in mediating this matter.
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard replied 1 year ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. This is really typical of these home security companies...they overpromise, overcharge and then underperform. But, that practice is what is going to give you the leverage you need. Since they are not going to be willing to deal with you voluntarily at this point, raise the stakes on them. Send them
a certified, return receipt requested letter detailing the history (including their promises and then failures to perform) and demanding that they agree to terminate this contract, refund all your money in total, and drop all further collection efforts for amounts allegedly owed by you
within a short specified period of time. Inform them that if your demand is not
timely complied with, you will have no choice but to file a suit against them
for your damages. Be sure to specifically mention that you will be filing this claim
not only as a breach of contract case, but also as fraud and deceptive trade practice
actions, which will entitle you not only to your damages, but also an additional
amount equal to 3 times that as punitive damages. That should provide plenty of
incentive to comply with your demands; but, if it does not, file your suit and contact the state attorney general's office.



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Customer: replied 1 year ago.

Thank you so much for your response. I already tried to negotiate with them via the BBB but apparently the BBB is more ept at going the way of their members in their respective cities. The company is now demanding the full price of the contract remaining months plus all of their collection fees. Their collection service was rude and harsh listening to no reasons given. Do you think I should have an attorney write them a letter to mae sure they know I am serious? The reason I say that is that since the very beginning they pretty much did not care. I dont think they will pay much attention to whatever I write to them. On the other hand given the treatment and deceptive way in which they have treated me do you think I have a very good chance to win against them if I file a suit?

Expert:  Richard replied 1 year ago.
You're welcome...it's my pleasure! I know just what you are talking about. I've had to deal with these types multiple times...their gall and audacity when they are the culpable party is unbelievable! I do think a letter from a lawyer would be beneficial...tends to have a chilling effect on them. You will win the suit if you have to file it, but I've yet to have a situation where I had to do anything more than actually file it. In most instances the letter from the lawyer is sufficient to resolve this in your favor because they know they have no chance of prevailing if this goes to a hearing.
Richard, Attorney
Category: Business Law
Satisfied Customers: 45622
Experience: 32 years of experience practicing law and a businessman.
Richard and 4 other Business Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.


Thanks so much for the positive rating and the bonus! I appreciate your generosity and the
opportunity to serve you! If I can be of
assistance to you in the future, just look me up and I will be happy to help!

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