Consumer Protection Law
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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?
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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.
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.
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.
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.
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).
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.
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).
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.
Verbal contracts, while binding, are almost impossible to prove!
You too. Take Care!
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