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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I was turned over to collections that are not listed

Customer Question

i was turned over to collections for fees that are not listed in the service agreement that i entered into, i have paid all the fees that a were listed for the early termination of the contract. the contract was a 1 year agreement for internet service but when the service went out at about month 9 they would not restore the service. what is the best way to get restitution and this removed from collections
Submitted: 1 year ago.
Category: Legal
Expert:  Bappelman replied 1 year ago.
Hello,I can certainly help you with this.You entered into a contract for internet services, and at the 9 month mark the service went out, and you refused to continue to pay for it? Is that what happened?Now the internet company has hired a debt collection firm to collect from you, and they have put this on your credit report?Are these the facts? Please let me know, and then I can advise you on your best course of action.Thank you.
Customer: replied 1 year ago.
yes
Expert:  Bappelman replied 1 year ago.
If the service was out and they were no longer providing the internet to you, you were no longer any obligation to continue to pay for it, UNLESS the reason it was turned off was due to you breaching the contract.Was the internet turned off due to you not paying the bill? Do you know the reason they stopped providing you with internet service?
Customer: replied 1 year ago.
it was a service outage of more than 2 weeks I was current on my bill
Expert:  Bappelman replied 1 year ago.
OK. Thank you for the answer.So they essentially stopped providing you with the services that you had contracted with them to provide, and you had paid all of you bills up to that point. Clearly they breached the agreement and you no longer needed to pay them unless there was a clause in the contract that allowed them to have outages without you being able to end the contract.If they did not, if in fact you could legally break the contract at that point, you certainly did not have to pay them any further monies.Are they coming after you for the remaining 3 months of the fees? How much is the total they are asking for? Have they added on any other costs or fees, such as "Collection costs" or "legal fees"?
Customer: replied 1 year ago.
$200 + some fees, but my biggest issue is the hit my credit score has taken
Expert:  Bappelman replied 1 year ago.
You have the right to put a "Statement" on your credit reports challenging this alleged debt. You can also dispute the debt with each credit reporting company. They then have 30 days to investigate and determine if the debt is legit or not. The credit reporting companies should make the internet company prove that you owe them the debt. Make sure that all of your disputes and statements are in writing, and keep copies for your own files. Many times they will remove fraudulent info from your credit report after the investigation.If that does not fix the problem you can sue the internet company, and likely the collection agency, for Fraud. It is illegal to put fraudulent information on someone's credit report.
Customer: replied 1 year ago.
so small claims court is not the right choice then ?
Expert:  Bappelman replied 1 year ago.
Small claims court is normally limited to disputes over money. If you were going to sue them to get your money back that you paid to them, you would do that in small claims.You are looking to get relief in "equity", that is non-money matters. You want them to stop putting fraudulent info about you on your credit reports. You also want them to contact all of the credit reporting agencies and REMOVE the fraudulent info they already have put on your reports.Equity actions are normally heard in your local District Court. You could sue them in that court for monetary damages up to $5,500 and for an injunction.
Customer: replied 1 year ago.
thanks
Expert:  Bappelman replied 1 year ago.
Is there anything else I can answer for you?If you are satisfied, please hit the Accept button.Thank you!
Customer: replied 1 year ago.
i am satisfied but dont have an accept button to click