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Cell Phone Contract Dispute

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mfavery

Junior Member
What is the name of your state? Virginia

My husband purchased Alltel service and equipment from a small company (Alltalk) at our local mall. They required a signed Alltel contract and a signed Alltalk contract. The Alltalk contract required that we maintain service with the phone numbers given for one year. A few days later, he started experiencing a lot of problems with his phone so we returned to Alltalk to get the phone fixed or to get a new phone. The manager was rude, uncooperative and mean. He verbally threatened to physically harm me and he hit my hand, knocking the phone to the floor causing it to shatter into several pieces. I called the police and he was arrested for assault and battery and destruction of property. We tried on several occasions to contact the corporate office of Alltalk, but they hung up on us several times and when someone would finally talk to us, they promised to have someone in authority call us back. This was seven months ago and we still have not talked to anyone at the corporate office, except the man that answers the phone. The person we spoke to at the corporate office called me a liar when I told him what happened, hung up on us as soon as we told him our name and would never transfer us to anyone else, stating that no one else was available. By the way, the manager that attacked me was found guilty in court of assault and battery and sentenced to 6 mos in jail (supended), a fine, anger management counseling, community service and the judge granted a restraining order upon the request of the Commonwealth Attorney.

In desperation, we contacted Alltel since our service was with them. They instructed us to go to one of their stores for help. The rep at the Alltel store looked at our phones and determined they were refurbished and told us the phone should have been given to us free (we paid $29 each). He canceled our contract with Alltalk and wrote a new contract directly with Alltel, establishing new service and provided new phones and numbers. We asked him about the cancelation clause in the Alltalk contract, he assured us that the contract was not valid stating that Alltalk was not permitted to require any Alltel customer to sign a secondary contract. We paid for the service from the old contract in full. We also spoke with the Indirect Account Manager for Alltel who also assured us that secondary contracts were not permitted and requested that we fax a copy of the secondary contract to him for his review. He also instructed us to contact him if Alltalk tried to pursue any collection activity. Unfortunately, none of this about the secondary contract is in writing.

Yesterday, we received a letter from an attorney stating that we owed Alltalk $650 for the cancelation ($250 per phone) and legal fees. In the seven months since this incident, we have not had one conversation with anyone (other than the man that answers the phone at Alltalk) and we have not received one bill stating that we owe anything. Nothing, until this letter from the lawyer demanding payment or letter of dispute within 30 days.

We had absolutely no intention of canceling our service until I was attacked. It was the recommendation of Alltel to cancel the contract. Do we really owe this money to this insane company?
 



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