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TexLaw
TexLaw, Attorney
Category: Business Law
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Experience:  Internationational Commercial Attorney
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I purchased a service agreement .the term I was told by my

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I purchased a service agreement .the term I was told by my salesperson is it is for 1 yr and if you choose you can extend it for another.on the contract itself it says one yr with one year renewals .I wanted to clarify that at the time I signed and was told we cant write a new paragraph on the the form, but I have his word that he stands behind his explaination. near the end of the term I sent them a leter that i would not be renewing the contract.I did not even think it was nec because it was a 1 yr contract.well, now im being called by collections .stating I did not inform them by certified mail that I was not renewing and thefore the contrct is still in effect. it does not state anywher that a certified letter is required.
Hi,

If it doesn't say it, then you need to dispute with the debt collector and on your credit report. The problem will be in that you cannot prove other than through your own testimony that you sent the cancellation letter. That's why sending the letter certified is always a good idea.

Is it possible for you to scan in the document and email it to me? I'd like to check out the language to see for myself.

Customer: replied 3 years ago.

YES WHERE SHOULD I FAX IT TO

Great. OK, I need you to scan and email it [email protected]

attn: ZDNlaw regarding: http://www.justanswer.com/business-law/7m26z-purchased-service-agreement-the-term-told.html

This might take a while to get to me, so I'm going to need you to be patient. Once I get it, I'll review it and email you back.

-ZDN
Thank you for your patience. I've reviewed the contract and it states only that you must provide written notice of termination which is delivered to the address listed on the agreement. Thus there is no strict requirement for certified mail.

So, the question is what kind of evidence do you have that you sent the letter. Did you keep a copy of the letter? Have you contacted the company to confirm that they received the letter?
Customer: replied 3 years ago.

thank you so much for your reply.
I have a copy of the letter ,and of course I could have typed it yesterday. I actually wrote the letter to tell them what I thought of thier service..But then again it would be customary for anyone who is under contract to call for maintenence ,as I had when under contract.However after I terminated the contract I never called and they never called me to schedule maintenance. I infered all was fine.

Ok,

So the first thing to do is to call them and ask them to admit that they have a copy of the letter you sent. Bluff them and tell them that you sent it by certified mail so you know they received it, and ask them to confirm.

If they do confirm, then ask for a confirmation of the receipt of the letter to be emailed to you. Then, tell them that you would like to record them confirming on the phone that they are confirming they received the cancellation letter.

Then you would send this information to the debt collector and demand that they immediately halt all debt collection.

If they do not confirm and deny, then you are going to have to actively dispute that you owe anything with the debt collector. The way you do this is you send a written denial of the account and demand that they do not continue to contact you in any attempts to collect the debt unless they are willing to sue you on the debt. Copy this letter to the three credit reporting agencies. Their contact information will be found on the following page: http://www.usa.gov/topics/money/credit/credit-reports/bureaus-scoring.shtml

If they do not drop the claim, then you may file a lawsuit against the debt collector in small claims court for violations of the Fair Debt Collection Practices Act and seek monetary sanctions against them (if you want to handle it yourself).

If you want to hire an attorney, he/she can file the debt collection act case in a higher court and have both sanctions and an injunction entered against the the debt collector, and a declaratory judgment that the contract was cancelled. Because it is a contract case, you can win an award for reimbursement of any attorneys fees you've paid out to file the lawsuit.

Please let me know if you need further information. Please also consider rating my answer positively so that I am compensated by the website for the work I've done on your question.

Thanks,
ZDN
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