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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32243
Experience:  16 years legal experience including consumer protection law.
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I had a security system in my home which I had to short sale,

Customer Question

I had a security system in my home which I had to short sale, the company is saying I am still liable to make the monthly payments on the system even though I don't live there anymore. Unfortunately the new owners have not agreed to take over the system even though its in their home. It was a 3 yr. verbal agreement over the phone, which they claim was recorded. I told them I had to cancel the service because I was selling the home and they said they would reinstall it anywhere I wanted for free. I live in one bedroom apt complex and it would not be needed here. Am I still liable for this charge? I was paying $17 a month for the service, and there is nothing in writing.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Tina replied 1 year ago.
Hello again, Judy.

This appears to involve an unenforceable contract with the service provider since there is nothing in writing. Under AZ law, a contract which cannot be performed in less than one year must typically be in writing in order to be enforceable.

Therefore, the statute of frauds would typically prevent the provider from successfully pursuing legal action against you. Here is a link which sets out the language of the SOF:

http://www.azleg.state.az.us/ars/44/00101.htm

I would inform the company in writing by certified mail that you have terminated the contract and you are not liable on any balance they claim is owed since there is no written agreement, which violates the SOF.

Hopefully they will stop contacting you with regard to this debt after receiving this communication.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Satisfied Customers: 32243
Experience: 16 years legal experience including consumer protection law.
Tina and 3 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much, this is what I needed to know. I will get on this asap.


 


Thank you again,


Judy

Expert:  Tina replied 1 year ago.
You are very welcome, Judy, and thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Customer: replied 1 year ago.

I took your advice and informed the company in writing by certified mail that I have terminated the contract and I am not liable on any balance they claim is owed since there is no written agreement, which violates the SOF., and they are still sending me bills and harrassing me by phone calls threating to ruin my credit. Is there any other steps I can take?

Expert:  Tina replied 1 year ago.
Yes, you can file a complaint with the BBB and state consumer protection agency. You can also send them a written demand to stop harassing you or you may take legal action against them. Under the Fair Debt Collection Practices Act, they cannot legally harass you about the debt and must stop contacting you if you request that in writing by certified mail. If they continue to harass you, it would be best to retain a local consumer protection attorney to communicate with them or take legal action against them.

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