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xinmin
Guest
What is the name of your state? NJ
I have signed up with AT&T Wireless on January 31, 2003 at a dealer in NJ called Hong Kong Wireless. The contract I have signed is in Attachment I.
Since I was expecting a move, so I asked the sales lady whether I could change my phone number. I was told I could change it but I should tell them my new number once I changed it. Unfortunatelly, didn't get this in writing.
I then moved to MA and changed my phone number in March, and called Hong Kong Wireless to tell them my new number.
However, Hong Kong Wireless now says that I have broken the contract by changing phone nunber, and they are going to fine me for $250. Their argument is in Attachment II. I was told that "service" consists of phone number and rate plan, so changing phone number or rate plan is disconnecting service.
But except what the sales lady has told me when I signed up in January, the contract doesn't explicitly say anything about phone number. The contract mentioned about changing rate plan, though.
Could you please give me some advice whether I could avoid this fine? And if so, what should I do?
Thanks!
===============Attachment I==============
In consideration of receiving a cellular phone from Hong Kong
Wireless at the price of $250, i agree to stay connected to the
designated cellular carrier assigned for a minimum of 365 days from
the date of activation.
I further agree that if for any reason due to the act of omission(s)
on my part, the service is disconnected, suspended, or disconnected
in less than 365 days from the date of this agreement, due to the
difficulty for Hong Kong Wireless to calculate the damages
sustained. I agree to pay to Hong Kong Wireless the sum of $250 for
liquidated damages. I further authorize Hong Kong Wireless to debit
my credit card for $250, or I will deposit with Hong Kong Wireless
as security to be used in the event of disconnection of service as
aforesaid which the sum can be retained by Hong Kong Wireless as
liquidated damages.
If the authorized user or any member of the authorized user�?s
household has cancelled existing designated cellular carrier service
within the last six months or is currently engaged in a designated
cellular carrier contract 9other than the one this contract
represents) and cancels this current account before six months of
this new activation date, the authorized user will be charged $250 t
Hong Kong Wireless for damages incurred by the cancellation.
Designated cellular carrier does not allow the cancellation of one
contact in order to start another.
The authorized user agrees that he must receive permission from Hong
Kong Wireless in order to change rate plans, if not, authorized user
will be charged $250 paid to Hong Kong Wireless for damages incurred
by the rate plan change.
I also acknowledge that this agreement is between Hong Kong Wireless
and myself and there are no other parties to say for this agreement.
It is also understood that Hong Kong Wireless has no control over
fees imposed by the cellular carriers. Also Hong Kong Wireless makes
no representation as to the fees which will be assessed by the
carriers.
In the event that Hong Kong Wireless has to proceed with legal
alternatives to enforce this agreement, the customer knowingly
agrees to pay any court costs, legal or collection fees expended by
Hong Kong Wireless.
My signature below confirms the truth and completeness of the above
information and acknowledges that I have carefully read and
understand all terms and conditions of this agreement.
===============Attachment II==============
According to our agreement which you singed on January 31, 2003, you agreed if for any reason due to the act of omissions(s) on your part, the service is disconnected, suspended, or disconnected, or disconnected in thess than 365 days from the date of this agreement, due to the difficulty for Hong Kong Wireless to calculate the
damages sustained. You agreed to pay to HongKong Wireless the sum of $250 for liquidated damages. Also authorize HongKong Wireless to
debit your credit card for $250.
Since your account has been switched out of the original market which means the wireless number you were signed with is no longer active or has been disconnected less than 365 days. AT&T had penalized HongKong wireless due to violations of the contract. Therefore, your credit card was charged the amount of $250 based on
the agreement you singed with us.
I have signed up with AT&T Wireless on January 31, 2003 at a dealer in NJ called Hong Kong Wireless. The contract I have signed is in Attachment I.
Since I was expecting a move, so I asked the sales lady whether I could change my phone number. I was told I could change it but I should tell them my new number once I changed it. Unfortunatelly, didn't get this in writing.
I then moved to MA and changed my phone number in March, and called Hong Kong Wireless to tell them my new number.
However, Hong Kong Wireless now says that I have broken the contract by changing phone nunber, and they are going to fine me for $250. Their argument is in Attachment II. I was told that "service" consists of phone number and rate plan, so changing phone number or rate plan is disconnecting service.
But except what the sales lady has told me when I signed up in January, the contract doesn't explicitly say anything about phone number. The contract mentioned about changing rate plan, though.
Could you please give me some advice whether I could avoid this fine? And if so, what should I do?
Thanks!
===============Attachment I==============
In consideration of receiving a cellular phone from Hong Kong
Wireless at the price of $250, i agree to stay connected to the
designated cellular carrier assigned for a minimum of 365 days from
the date of activation.
I further agree that if for any reason due to the act of omission(s)
on my part, the service is disconnected, suspended, or disconnected
in less than 365 days from the date of this agreement, due to the
difficulty for Hong Kong Wireless to calculate the damages
sustained. I agree to pay to Hong Kong Wireless the sum of $250 for
liquidated damages. I further authorize Hong Kong Wireless to debit
my credit card for $250, or I will deposit with Hong Kong Wireless
as security to be used in the event of disconnection of service as
aforesaid which the sum can be retained by Hong Kong Wireless as
liquidated damages.
If the authorized user or any member of the authorized user�?s
household has cancelled existing designated cellular carrier service
within the last six months or is currently engaged in a designated
cellular carrier contract 9other than the one this contract
represents) and cancels this current account before six months of
this new activation date, the authorized user will be charged $250 t
Hong Kong Wireless for damages incurred by the cancellation.
Designated cellular carrier does not allow the cancellation of one
contact in order to start another.
The authorized user agrees that he must receive permission from Hong
Kong Wireless in order to change rate plans, if not, authorized user
will be charged $250 paid to Hong Kong Wireless for damages incurred
by the rate plan change.
I also acknowledge that this agreement is between Hong Kong Wireless
and myself and there are no other parties to say for this agreement.
It is also understood that Hong Kong Wireless has no control over
fees imposed by the cellular carriers. Also Hong Kong Wireless makes
no representation as to the fees which will be assessed by the
carriers.
In the event that Hong Kong Wireless has to proceed with legal
alternatives to enforce this agreement, the customer knowingly
agrees to pay any court costs, legal or collection fees expended by
Hong Kong Wireless.
My signature below confirms the truth and completeness of the above
information and acknowledges that I have carefully read and
understand all terms and conditions of this agreement.
===============Attachment II==============
According to our agreement which you singed on January 31, 2003, you agreed if for any reason due to the act of omissions(s) on your part, the service is disconnected, suspended, or disconnected, or disconnected in thess than 365 days from the date of this agreement, due to the difficulty for Hong Kong Wireless to calculate the
damages sustained. You agreed to pay to HongKong Wireless the sum of $250 for liquidated damages. Also authorize HongKong Wireless to
debit your credit card for $250.
Since your account has been switched out of the original market which means the wireless number you were signed with is no longer active or has been disconnected less than 365 days. AT&T had penalized HongKong wireless due to violations of the contract. Therefore, your credit card was charged the amount of $250 based on
the agreement you singed with us.