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.
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.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating