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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88153
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have had Muzak for years. In 2011 I cancelled my contract

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I have had Muzak for years. In 2011 I cancelled my contract in writing in accordance with the contract, which renews automatically every 5 years. When I did, they sent out a sales representative with a new contract in hand. This contract offered me the same plan I had but at a reduced price. I told them I had plans to retire and was not able to renew a lengthy contract, but would be willing to stay on month to month. The sales person told me that if I was on a month to month it would be at the old rate and the new lower rate would not apply. I told her that was ok for now because I was unsure when I would close up. She left the contract for me to look over and I reminded her again as she left that I couldn't sign it.

Here it is now 2013 and I asked them to come get their equipment and they refuse. They told me I was in a contract until 2015. I told them to look at their records and they would see the cancellation notice dated 2011. They now refuse to take my calls and are billing me every month. I do not receive any service from them.

I still have the new contract they offered, a copy of my cancellation notice. What kind of recourse do I have? These people and their practices are so pernicious. They are making me stressed out and ill.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Just to clarify:

1) You never signed the new contract in 2011, correct?
2) What kind of "equipment" is this?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

It's Muzak (music) service equipment to my business. I never signed another contract and had a verbal agreement with the sales rep for month to month service. She was told I was retiring.

Expert:  Ely replied 1 year ago.
Thank you, friend. Apologies in advance for the momentary wait as I am typing out the answer, which will include a sample letter...
Customer: replied 1 year ago.

Take your time and I appreciate the advice.

Expert:  Ely replied 1 year ago.
My apologies for the wait.

What has happened here is that the company's sales person really, really wanted to make the commission. So what happened is that the sales person simply left the equipment, but had told their office that you agreed not to a month to month, but, to a longer contract.

By default, it is month to month (or rather, the cycle renews every time you make a payment for another cycle, which I am guessing is month to month) if there is nothing in writing. The company was hoping you could simply be bullied into the matter.

Someone in your situation may wish to write the company back, explaining what has happened, and that you are going to get rid of their equipment unless they pick it up. Example below:

To Whom It May Concern:

Re: (contract number, name, etc)

This correspondence is in regards XXXXX XXXXX claim that this contract has been extended in 2011 for another __ years. It has not. Please understand what has happened below:

1) I have cancelled the contract in writing in __ of 2011 as required;
2) A salesperson came out and attempted to pressure me into another __ year contract, which I refused;
3) The salesperson then suggested and I agreed to a month to month agreement; and
4) The equipment was left.

I had never signed the renewal. Your salesperson either faked my signature, or, has wrongly and fraudulently proclaimed that I had renewed the contract, wherein I had not.

At this time, demand is hereby made to:
1) cease all communications for collection, since there is no contract in place and my default month to month contract has ended; and
2) pick up the equipment from my residence at (adrs) within ____ days, Notice is hereby given that unless this equipment is picked up in __ days of your receipt of this certified letter, the property in questions will be donated and otherwise disposed of.

Please contact me via ____tel and/or ___address____ to coordinate your pick up of the equipment.

If this matter continues to be billed and/or if the equipment is not picked up, I shall have no choice but to:

1) File a suit under Tex. R. of Civil Procedure Chapter 27's declaratory judgment and seek the Court's relief in this matter;
2) File a complaint with the Attorney General's office, and
3) Dispose of the equipment as necessary.

Sincerely,

Signature

Name


1) The declaratory judgment is a request from the court to have the Judge affirm the parties' rights/duties in an unclear situation such as this;

2) By giving them notice to pick up their items or else, one is giving them notice. There is no law in Texas statutory codes of "how long one should keep the other's property." While the statutes are vast, some things are bound to be left out. Ergo, we fall back on the doctrine of "common law." The system has come up with a way to deal with this matter that is called "estoppel by aquiescence." Estoppel by acquiescence may arise when one person gives a legal warning to another based on some clearly asserted facts or legal principle, and the other does not respond within "a reasonable period of time". By acquiescing, the other person is generally considered to have lost the legal right to assert the contrary;

3) They are likely to want to avoid an Attorney General's claim as well.

Very likely, they would act to close and dispose of the matter if/when such a certified letter is sent to them.

I hope this helps and clarifies. Best of luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88153
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your generosity.
Customer: replied 1 year ago.

Hi Ely, Two questions here. Should or could I insert a statement regarding the fact that my account was paid in full and the $243.80 they claim I owe is erroneous. We didn't mention that and I'm not sure that it matters at this point.


If so where would I insert it?


 


I feel comfortable stating; "The salesperson and I agreed to a month to month agreement; . . . " because it would match a previous correspondence I had. Will that statement carry the same weight as the one you suggested?

Expert:  Ely replied 1 year ago.
Hello again.

The choice is yours as how to phrase the letter - the above was merely a sample.

Should or could I insert a statement regarding the fact that my account was paid in full and the $243.80 they claim I owe is erroneous. We didn't mention that and I'm not sure that it matters at this point.

You can and it is a good idea, yes.

If so where would I insert it?

Perhaps after "I had never signed the renewal. Your salesperson either faked my signature, or, has wrongly and fraudulently proclaimed that I had renewed the contract, wherein I had not."

I feel comfortable stating; "The salesperson and I agreed to a month to month agreement; . . . " because it would match a previous correspondence I had. Will that statement carry the same weight as the one you suggested?

Indeed.

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