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Negligence in billing for computer rebate?

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L

lheiser

Guest
December 28th 1999 we purchased a computer with a rebate offer. 3 days later we cancelled the internet connection part of the contract because the sevice was not compatable with our networking system. The said company technical support worked with us on this and also advised us of this and agreed that there was no use to continue sevice. At thia time we ofered to pay the rebate amount in full and payment was refused. Over the following 3 months, we called them and tried to pay this rebate amount in full (about 7 times) and each time the payment was refused by the company. We never recieved any bills from them. On Friday 5/25/2001 we recieved in the mail a letter from a collection agency advising us we had 30 days to pay... In speaking with the comapny we got the rebate from, they acknowledge that they have had our credit card on file with them since the beginning and that they have not attempted to charge it for the rebate amount. They also acknowledge that it was just this month that they decided to open closed files and try to collect on this debt. The facts that they have had a valid credit card on file since Dec. 1999, that they have never charged it or tried to and that they opened closed files just this last month after a year leads me to believe that this is a breach of contract. Am I headed in the right direction on this or am I way off base?

lheiser
 



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