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Home Security Contract

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J

Jennjeff

Guest
What is the name of your state? Tennessee

We had a home security system installed in Oct 2000. The stupid thing has never worked correctly. We paid the monthly monoriting charge for one year, then called to cancel the service in October 2001 and got a verbal confirmation that everything was done. In November 2002, I received a notice that our system would now be monitered by another company. Yesterday (March 2003) I receied a letter from a collection attorney that we owe almost $2,000.00 to this company for unpaid monthly charges and interest and of course the collectors fees. What recourse do I have? We never received a statement after calling and cancelling the service, no late notice - nothing until the notice that the monoriting would be handeled by another company. I don't even have a copy of the contract - I don't remember receiving it when they installed it (I keep everything - I have utility bills from 10 years ago). We can go on a payment plan, but we can not afford the payment they offered. Is there anything we can do????? Help.
 


M

mobopp

Guest
Ahhhhhhh the joys of NOT reading your contract

Look you are not to bright, so i will explain it slowly:

You have a contract, you didnot read the contract

The contact says: any terminations must be in writing

You did not write to them

You did not follow their instructions

You screwed up


Now>>>>>>>>We paid the monthly monoriting charge for one year,>>>>>>>>

ADT Slomins and others make you pay for 3 years of monitoring in exchange for free installation

So by cancelling after one year, you might still owe money even if you didnt use it.


OOPS dont have the contract well have the company mail you a copy, then you will think about paying if you really owe the money.
 
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J

Jennjeff

Guest
Thank you! You didn't have to be so rude and condesending. Here are my comments line by line to yours.

1. The joys of reading the contract - I WOULD HAVE READ IT IF THEY WOULD HAVE PROVIDED A COPY.

2. There is absolutely no reason for this comment. I hope it made you feel a little smarter by putting somebody else down.

3. I do not have a physical contract. When the system was installed, I was so ready for the 18 year old kid that kept talking to his girlfreind on his cell phone all evening to leave so I could get my daughter to bed who was 2 at the time so I could then clean the mess that he made and go to bed myself since it was after midnight when he left so I could get up by 5:30 do daycare dropoff and commute to work - that I did not pay as much attention to what I was signing as I should have and did not realize he did not leave a copy of what I signed!!!! SOMETIMES THINGS HAPPEN SO FAST AND EVERYDAY LIFE GETS IN THE WAY OF SMART DECESIONS.

4. If I would have had the contract in hand, I would have realized that the termination must have been in writing and would have done that. If when I had called to cancel the service I would have been told that I was under a 2year contract and would be liable for those months expenses, I WOULD NOT HAVE CANCELED AT THAT TIME - even though the DAMN system didn't even work.

5. No, I did not write them - without a copy of a contract that I did not even know existed, I DID NOT KNOW THE CONDITIONS OF THE CONTRACT.

6. I did follow their verbal instructions!!!! How can I follow instructions if I am not provided with them?

7. Live and Learn!!!! There is some fault on the company also, the system never worked. The terms should have been made clear at the time of installation and during telephone calls. A copy of the contract should have been provided, I remember signing something and was told that it was to start the monoriting. Why did it take over 1 year to inform me of the charges and why immediately go to a collection agency - NO ATTEMPTS TO COLLECT THE UNPAID CHARGES WERE EVER MADE. HOW CAN I PAY SOMEBODY SOMETHING IF I DO NOT KNOW THAT I OWE SOMETHING.

8. WE did not pay anything - I paid the charges for one year and would have paid for the two years if I had known that I was under contract to do so. As for the free installation - it should have been free - it never worked. Even after 3 more attempts to fix it - and by the way, I never signed anything when the attempts were made to fix the system - nobody mentioned a two year obligation.

9. I should have been told when I canceled that I was under contract for another year of service - either on the phone or by mail.

10. Question for you? Are you somehow involved in the home security industry????? You seemed to have taken this a little personal.
 
M

mobopp

Guest
5. No, I did not write them - without a copy of a contract that I did not even know existed, I DID
NOT KNOW THE CONDITIONS OF THE CONTRACT.
========

That is pretty much it, without the contract its your word against theirs and you will lose.

So your job now is to locate a copy of the contract by calling the company or if they have an office to go there and wait and wait till they find or get you a copy of your contract...

Then after you read it, you will be more informed as to wether the charges they are claiming are accurate or bogus.

The ball is in your court, you have to make time to get the contract.
 
J

Jennjeff

Guest
Already done, its on its way - the collection attorney has it and it mailing it. The company was sold - no office to go to now.

I know that I am probablly stuck with the monthly charges. With credit aren't there are all sorts of rules about disclosure and how interest and fees can be accrued. I there was anything similar or if any of those regulations applied in my situation. It all seems highly unfair. I would have paid the monthly monoriting fees had I known I was contractually bound and by now the 2 year period would be long over. Now I have to come up with almost 2000 or a monthly fee of over 100?????? I just flat out don't have it and am scared.
 

djohnson

Senior Member
Have you contacted the company itself? It might be worth a try if they did not continue to bill you. You may have only had a year contract and there is some kind of error when the other company took over. Looking at your contract will help. Make sure it is the one you signed and not just a blank one they say everyone signs. I understand your frustration. I know alot of contracts has an amount you have to pay even if you cancel before term, so if they did take your cancellation it may be that fee they are charging you with. Good Luck.
 
M

mobopp

Guest
I just flat out don't have it and am scared.
===========

Now that i have made your life miserable, it really boils down to a MATH prpoblem.

You supposedly cancelled on what date?

When was the companysold?

You never recieved any bills for x months then all of a sudden this shows up.

What exactly does the contract say about termination or fees or length of monitoring.

I wish you luck, let us know when you get the contract, its possible, you are right, after a year you could cancel with no penalties...

And you do want YOUR contract with your signiture on it.

You could dispute the bill just on that alone if they sent you a blank contract.
 
J

Jennjeff

Guest
Hopefully the contract will be in my mailbox when I get home today or tomorrow.

I have contacted the new company and they are no help - just say that its been turned over and I must go through the agency.

Believe it or not - I got a marketing call from the new company trying to sell me a system just like the one I have!

Here is another weird twist to this story. The attorny's office that is collecting is a client of mine at work - I deal with their HR department. Could I bring this to light and could it become some sort of conflict of interest?
 
J

Jennjeff

Guest
The Math:

Installed in Oct 2000
Called to cancel late Oct early Nov 2001
last statement paid for November 2001
received notice company was sold November 2002
received notice from collection attorney this week
 
P

Pittsburghguy

Guest
I sell security systems for an honest company. Most contracts for residential are 3 years. If you sign...they will hold you to it. I am sorry you met with a company that is dishonest. I am honest and outgoing to my clients....and in return I get many referrals. Who is your company?
 

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