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Old 07-09-2001, 04:59 PM
blacklm
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Posts: n/a
new york state
i had a contract with celluar one i canceled the contract before the date it was up because they were cheating me. i have been paying monthly payments. i asked the associates that the contract was turned over to for a statement. once verbally and twice in writing. i never received a statement or anything in writing from the company only phone calls. the last check i sent them (because i had not recieved any thing in writing from them) i wrote account paid in full. do i owe them any more money since they cashed my check and i did send them a letter stating that this is what i would be doing if they did not contact me, is this valid? do they have the right not to send me a statement?

blacklm@freeadvice.com
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Old 07-09-2001, 06:16 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,544
If the service contract was for a definite period of time (and if it is like most cell phone agreements) you can either pay the agreed monthly amount for the full contract or you will be billed a cancelation fee.

If I understand your post correctly, you are making two claims:
1) That you asked for a 'statement' (??). They failed to provide so you feel that is sufficient breach to support your cancellation.
Was providing a 'statement' part of the contract?? If so, did you comply with any agreed procedure for obtaining the statement, etc??
And
2) You endorsed the check with payment in full and sent it in. They cashed it, you feel this cancels the contract.
Though their have been some claims that by cashing the check they accepted alteration or cancellation of the contract, but this is not finalized. Also, there are some cases where the courts would find against you unless you had done other specific action (sending a letter to them disputing the amount charged and that you were going to pay with a 'paid in full' endorsed check). If they cash it, they accept. Did you send them any pre-notice of your intent??

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