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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4624
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I switched my phone carrier over because of bad reception,I

Resolved Question:

I switched my phone carrier over because of bad reception,I was in contract so I have been making monthly payments of 50.00 a collection agency just called and said they received my account,I have not missed any months in paying is that legal to go to a collection agency when a I've been paying?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 2 years ago.

LegalGems :

Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum. The monthly sum you have been paying - is it consistent with the terms of the contract?

LegalGems :

Were you able to see my reply?

Customer: I'm not sure what you mean,one of the ladies at t moble who collected a payment said I could not go to collections as long as I pay them something every month which I have,so now I'm upset because its not about paying the bill it's just the fact it went to collections in the first case we moved in foothills I kept loosing reception I told t moble that but they didn't care the still charged me for breaking contract after five years with them.
LegalGems :

If someone pays less than the amount due, they can still be sent to collections for the outstanding amount; unless the parties have mutually agreed upon a payment plan contrary to the original contract. However, have you read the cancellation clause in the policy? It may be cheaper to pay the cancellation fee, versus $50/month.

Customer: Yes they are charging me $600.00 for early termination fee which I sent them a letter explaining why I switched Carriers and the people who excepted my payment assured me it wouldn't go to collections,so there is pretty much nothing I can legally do on my behalf?
LegalGems :

Are you still within their service area? Because if you are, then their inability to give you effective service could result in a breach of contract, thus negating the termination fee.

Customer: I think I am because I am able to get the service here however the called gets dropped alot due to the foothills I tried explaining that to them I even wrote a letter but they said they didn't receive it.I personally feel like there mad that I broke contract,I mean what's the difference paying t moble 50 a month or this new agency $50.00 a month it's irritating.
LegalGems :

Some companies will give you a micro cell tower if you are within their service area but having difficulties getting reception. However, that doesn't help you because you probably have a contract with the new company. But essentially, yes, a company can send you to collections unless you pay the agreed upon amount. You can see if they will agree to a lesser sum, in writing, with the stipulation that you are not sent to collections. If they refuse to compromise, and you are already being sent to collections and taking the ding on your credit report, it technically removes the incentive to pay - unless they go to court and get a court judgment, which is even more damaging to a credit score.

Customer: Well thank you for your help I'm just going to continue to pay I don't want anything harming my credit I just think that as long as a customer that has been with a company as long as I have and had good history I feel they should just except the payments without it going any further like they said they were going to.My lesson I will never go through t moble again..I'm giving you a great rating thanks for your advice ...:) Carrie
LegalGems :

You are very welcome. I understand your frustration - I now use a go phone because I too got fed up with waiting hours to complain about bad reception. I like the no contract option. If you continue to pay, you should get an agreement from them to remove any negative credit reports - in writing.

Customer: Well if I pay it won't hit my credit cause I'm going to pay it withen the 30 days so that it doesn't mess my credit up,could they still put it on my credit if I pay withen the 30 day period?
LegalGems :

If you pay the full amount owing per month, by the stated due date, no, they cannot. However, if you are paying a portion of the bill (not agreed to in writing), then they could still report it as delinquent (because the full amount owing per month is not being paid).

Customer: There was nothing in agreement , well I take that back t moble said they will let you pay it off in three pmts,well it was over 600.00 by the time they added fees and last amount owing it was 768.00 which is crazy so I ad there is no way I can pay over200.00 a month right now will you guys except 50.00 a month the lady ad we are supposed to let you pay in three pmts but as long as you pay something every month you should be fine, I said ok ill pay $50.00 she as that wd be fine so idk ill figure it out ill pay it.It just doesn't seem fair we went through them for five yrs and moved reception was bad and they slam us with these outrages fees its not wright to me......:(
LegalGems :

Agreed. I would get that statement in writing - they should be willing to do so, otherwise you can say you have no motive to pay. If they accept an alternate payment plan, and you comply with it, they can't send you to collections, and your credit will be preserved.

Customer: Even though someone called me through a collection agency today, I can still call t moble and see if they will except something less..
LegalGems :

Yes; or you can call the collection agency. Generally the collection agency is authorized to negotiate on behalf of the creditor. You actually might want to call the collection agency, because you may get a quicker turn around (they usually have standardized agreements re: payment modifications).

Customer: Thank you that's what I will do, do I ask them to send agreement to my email?and what if they say they can't for some reason do I once again just take there word for it?
LegalGems :

No, do not take their word for it or you will be in the same boat. They generally email, mail or fax it for your signature.

LegalGems :

Verbal contracts, while binding, are almost impossible to prove!

Customer: That is so true I wouldn't be in this boat if I could prove what they told me,thank you very much I gave you an excellent rating I really appreciate you taking the time for me.I'm new to this collection thing what a pain!!!!! Have a wonderful day:)
LegalGems :

You too. Take Care!

LegalGems :

And thank you for rating me. If you have future questions, you can request me by putting To Legal Gems (for estate law and consumer protection).

Customer: Our you allowed to email that to me it'sXXX@XXXXXX.XXX I will for sure request you if I ever have to in the future;)
LegalGems :

Thanks! And no, we aren't allowed to email - in fact the site automatically blocks emails - your email appears as XX's! However, if you copy and paste the URL in to your email, you can always come back to this chat.

Customer: Ok thanks...;)
LegalGems :

Very welcome!

LegalGems, Lawyer
Satisfied Customers: 4624
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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