Earthlink DSL Cancellation nightmare...

[scmb33]

I am in Atlanta, Georgia and have a question regarding cancellation of a contract. Earthlink has a stipulation that you must have DSL service for a year before canceling their service. Here is my situation. I have been an Earthlink DSL user since 1999. I had their service for over 2 years and then moved down the hall in the same complex in Nov. 2001. At that time, Earthlink stated I was an existing customer and had to go through some hoops to get my service up and running. Note: Had I been a new customer I would have had the service in less than 72 hours. However, it took over 2 months to get my service re-established. Several months down the line, they experienced problems with MAC users. I went without service for over 3 weeks. I emailed, called and they could not give me a time frame of when I would have service again. So I found another provider and cancelled their service. From my point of view it was a breach of service. They are now saying that I was a "new customer" and did not have my service for a year and have billed me for the $150 cancellation fee. How convenient for them to NOW decide I'm a new customer. I did not sign a contract during this new move and believe I signed something back in 1999. I spoke to someone on the phone and with all the problems I've had he agreed to waive the cancellation fee. Earthlink sent me a bill anyway. After sending multiple correspondence regarding the issue they refused to speak to me. They sent it to collections where I disputed it. It is now in their legal department. They are asking for a written statement of my side. What should I do? Should I find out if they are trying to negotiate or waive the fee? Or do you think they are building a case? What are my rights as a consumer? Any legislation? I shouldn't be expected to pay for service they cannot provide. Their stance was that I didn't give them long enough to fix the problem. How long am I suppose to go without service? I didn’t care about them refunding me for that duration I was down...I needed service. Their failure caused me to struggle in my business since I am self-employed. Additionally, they also tried stating that they had no record of my “difficulties”. I kept my correspondence with the technicians that were working on the problem, which negates this fact. Thanks for your advice.

 

[madforce]

Sue them in small claims court for the business you lost while they couldn't provide service to you. In your suit, add $150 for the charge they're trying to pin on you.

Figure our what your business earns per day (average), then calculate the number of days you lost and come up with a number. Don't get greedy or you'll lose your case. If you're honest and have all your facts and data neatly organized and easy to read, you can win this. Don't let them bully you.

I had a similar experience with Time-Warner and I let them have it big time over the phone. Because I had my facts straight, and I knew I was right, they eventually wiped off the extra charges they so conveniently double billed me for. Stick to your guns!