Author Topic: Idea on Sprint early termination fee  (Read 2153 times)

0 Members and 1 Guest are viewing this topic.

gordoha

  • Valued Member
  • Posts: 32
Idea on Sprint early termination fee
« on: January 25, 2010 06:36:49 PM »
Hi folks, new to the board.

On the $200 Sprint early termination fee:  I dispute that I owe it.  They say that it was in the contract that I signed.  I have asked them repeatedly to produce said contract, and they can't do it.  Not only that, they say it's my responsibility to find it.

Anyway, I sent them a letter asking them not to call me anymore (big mistake, now that I am aware on how to catch them in an FDCPA mistake) and that they need to produce for me the contract or else if they ding my credit I will sue them.

Anyone have any thoughts on this strategy?  It seems to me that if they claim I signed a contract, they ought to be able to produce it.

Thanks

Kitten

  • Valued Member
  • Posts: 1992
    • MCSD
Re: Idea on Sprint early termination fee
« Reply #1 on: January 25, 2010 07:53:59 PM »
Contract? I didn't sign any contract, unless you have evidence to the contrary.  :vbrofl:

This is a collection agency, not Sprint?

Did your letter also contain language that would give the collectors the idea that you dispute the alleged debt? If so, and it was mailed no later than 30 days after you received your first letter from them, then you've protected your rights.

If your letter demanded that they cease and desist, then their choices boil down to leaving you alone or suing you. They can contact you once more to tell you what they intend to do. But, if you disputed, the collection agency can't sue you until they obtain validation from Sprint and forward it to you.

Flyingifr

  • -DEAN EMERITUS-
  • Valued Member
  • Posts: 6635
  • Thank you Sears, NCO, AA and the rest for my toy
Re: Idea on Sprint early termination fee
« Reply #2 on: January 25, 2010 09:18:18 PM »
"The contract I have has no early termination fee...."

Watch how fast they produce one. The laziness of some collectors never ceases to amaze me.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

madcredit

  • Valued Member
  • Posts: 75
Re: Idea on Sprint early termination fee
« Reply #3 on: January 28, 2010 07:02:15 PM »
I have a similar story I am about to fight. T-mobile states I owe them 800 for a bill and early termination fees. I put down 600 for a deposit in 2004 which should have been credit back to me but they denied it was paid and therefore I owe the bill plus ETF which equal about 800. It is in collections now of course because I told them I would only pay the bill, not the ETFs. I have not recieved anything from the CA as of yet though. Can I dispute it with them or Credit Report Agency first?


CleaningUp

  • Valued Member
  • Posts: 8431
Re: Idea on Sprint early termination fee
« Reply #4 on: January 28, 2010 09:32:11 PM »
I hope you have a written record of your disputing things with T-Mobile. It it is best to get the underlying situation in hand before you go worrying about credit report entries.

Many states have laws governing deposits and their return.  You might find some help there.

madcredit

  • Valued Member
  • Posts: 75
Re: Idea on Sprint early termination fee
« Reply #5 on: January 29, 2010 03:16:59 AM »
too bad i was a credit repair virgin when i talked to them on the phone at the time. i even went to the store at the mall where i paid them the money and they said they don't keep records past 2 years so they couldn't help me out. i guess i should have written them.

madcredit

  • Valued Member
  • Posts: 75
Re: Idea on Sprint early termination fee
« Reply #6 on: February 05, 2010 09:00:36 PM »
although if they dont have the paperwork doesn't that consider it invalid? No signed contract then how do I owe them anything?

Mistly

  • Valued Member
  • Posts: 45
Re: Idea on Sprint early termination fee
« Reply #7 on: February 06, 2010 01:42:04 PM »
Those early termination fees are actually illegal. However the cell phone companies get around it. Sprint is the worst. What state are you in? In Cal a judge recently ruled ona case against sprint in regauds to early termination fees.

madcredit

  • Valued Member
  • Posts: 75
Re: Idea on Sprint early termination fee
« Reply #8 on: February 07, 2010 02:30:10 PM »
I had the contract open in Florida. I no longer live in Florida though.

motherofmany

  • Valued Member
  • Posts: 22
Re: Idea on Sprint early termination fee
« Reply #9 on: February 08, 2010 01:37:57 AM »
Did you get an email in aug to opt out /in to the classaction suite
here is the site!

www.sprintetfsettlement.com

fk1

  • Valued Member
  • Posts: 1
Re: Idea on Sprint early termination fee
« Reply #10 on: February 23, 2010 06:15:36 AM »
I'm having a similar issue with Verizon. They raised some of the administrative fees and I used contacted them within the required 60 days to cancel my account without early termination fees. Their CSR's refused to cancel on those grounds. I told them I was terminating the contract on those grounds. 

Now their CSR's have been trained to refuse these cancellations and offer a credit for the remainder of the contract. IANAL but I recall from biz school that once you take the steps to terminate a contract any other offer by them is an opportunity to agree to a new contract and I don't have to accept a modification. 

At the time that I canceled this was the clause in the agreement. 

Quote
Our Rights to Make Changes
Your service is subject to our business policies, practices and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.

Now I got a  few bills from them and sent a letter disputing the debt and explained why my cancellation is valid without ETF fees. I got a letter back acknowledging my letter with a number to their collections dept asking me to call them. I attempted once but after that I basically ignored it since I am not interested in arguing with CSR people who are just going to quote me from their book.

Now they have a collection agency sending me a demand for payment. I sent them a dispute letter and I informed that I had already disputed the debt with Verizon, I have proof the original letter was received and requested that they not contact me about the debt again and basically the boilerplate about my rights etc.

In addition I highly doubt they have my signature on file for the contract extension on the line they claim I owe a termination fee for.


I'm not looking to counterattack but just to protect myself, but depending on how much they fight over a lousy $125 they have no right to in the first place, I guess we will see.

I seem to have beaten Comcast the last time I had an issue like this. In that case, I couldn't even figure out if I owed the money or not and neither could they since they could not produce the full statement of account from that address.  When it came up on my credit report, I disputed it successfully, plus I had a stub from a refund they sent me when the account closed so I had more proof my balance was 0.00 than they had that I owed them.

The most frustrating part of dealing with these companies is that even when you don't owe the money and can prove it or have a legitimate contract dispute, there is no way to get the message through their wall of script reading CSR's and JDB companies.

 Technically Verizon owes me a couple bucks since my account would have a positive balance without the ETF. I should be able to put a black mark on their credit report.   :soapbox:


itsmeagain

  • Valued Member
  • Posts: 1488
  • No Fear
Re: Idea on Sprint early termination fee
« Reply #11 on: February 23, 2010 08:57:10 AM »
So, get out the magic marker and start filing complaints.  I suggest the FCC http://esupport.fcc.gov/complaints.htm; The BBB https://odr.bbb.org/odrweb/public/getstarted.aspx; and the Attorney General of your state.

Mischievous Smurfy

  • Valued Member
  • Posts: 5595
Re: Idea on Sprint early termination fee
« Reply #12 on: February 23, 2010 09:16:22 PM »
Oh there is a way to get through to them ...

terminate the contract via certified letter to the address provided for communication...

dispute by certified letter through their registered agent.

if it were me I would write ... the agreement allows me to terminate without penalty if I objected to any material changes in it's terms .... cut and paste and image of the clause that allows it...   

you changed your terms .... cut and paste an image of the changes....

I terminated the contract on [date] ... and cut and paste an image of your call detail showing the call ...

also include full copies of the documents ...112
Ease of Use - Smurfy's Quick Reference


why are we requesting validation instead of disputing???  Why Why Why

 

credit