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Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 57323
Experience:  Experienced lawyer
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I paid a 200.00 deposit to alltel through wirefly for phone

Customer Question

I paid a 200.00 deposit to alltel through wirefly for phone service last year. Alltel billed me for it again several months later and after a myriad of phone calls on my part advising them that I had already paid the deposit, they turned off my cell phones. I kept the names and dates of the representatives I talked with. On several occasions, Alltel was suppose to investigate and call me back. They never did. I had to call them them over and over again. I had to immediately get service for me and my boys through another carrier. Alltel continued to bill me for the deposit even though I had proof that I had paid the deposit before I even received the phones. I even have an email from wirefly showing they paid alltel the deposit. Alltel added charges for breaking the contract. I refused to pay. I just checked my credit and they have placed a charge-off on my credit report. I would like to sue them in civil court. Please advise. I cannot afford to have this on my credit report
Submitted: 8 years ago.
Category: Business Law
Expert:  Infolawyer replied 8 years ago.
When you break a contract early, there usually is an early termination fee. Is that what was charged and why again is that due to them? To cancel early, both sides would need to consent, in writing.
Customer: replied 8 years ago.
I did not break the contract early. Alltel turned off my phones. They said I still owed for a deposit that I had already paid before I ever received the phones. The kept pressing me to pay the deposit again. As I wrote, I had already paid the deposit and was not going to pay it twice. So, it was Alltel who broke the contract not I. What are my options and how do I sue them? Do I need to get the name of their registered agent and take this matter to court.
Expert:  Infolawyer replied 8 years ago.
You can report this to the BBB and dept of consumer affairs and/or sue in small claims court. see if the BBB can recover for you since the amount is not large so you dont waste time and money in court.
Customer: replied 8 years ago.
I know I can report them to the BBB. Did you even read my question? I am not trying to recover anything. This company has placed something on my credit report and I want to know about filing a civil suit and how to go about it, etc. Alltel has added on charges for breaking acontract I did not break. I believe the amount is over 800.00 plus the damage to my credit report.
Expert:  Infolawyer replied 8 years ago.
If the BBB cannot covince them to remove the mark on the credit report, you would need to sue to obtain that relief. You can also communicate with the credit agencies directly and request it be removed or at least marked as disputed.