Is there a legal precendent?

[BC9696]

CALIF:
Say you bought a high end electronic that requires an annual service agreement in order to to utilize the devide (like a cell phone, alarm service, etc) but after purchasing the device you are unable to utilize the service due to some sort of technical issue/glitch/incompatibility issue and the provider's customer care dept cannot rectify the problem. You have the equipment but not the service. So after paying monthly for the service you cannot actually get you cancel your charge card so the "provider" cannot continue debitting your account and they turn you over to collections for nonpayment. basically you are unable to receive the services they are charging you for and technically obligated to pay the service fee under the terms of the contract. Is there a legal precendent for justifying nonpayment due to being deprived access to the service necessary to using the device? I am seeking a legal argument to stop the collection activity before it impacts my FICO.

 

[Silverplum]

CALIF:
Say you bought a high end electronic that requires an annual service agreement in order to to utilize the devide (like a cell phone, alarm service, etc) but after purchasing the device you are unable to utilize the service due to some sort of technical issue/glitch/incompatibility issue and the provider's customer care dept cannot rectify the problem. You have the equipment but not the service. So after paying monthly for the service you cannot actually get you cancel your charge card so the "provider" cannot continue debitting your account and they turn you over to collections for nonpayment. basically you are unable to receive the services they are charging you for and technically obligated to pay the service fee under the terms of the contract. Is there a legal precendent for justifying nonpayment due to being deprived access to the service necessary to using the device? I am seeking a legal argument to stop the collection activity before it impacts my FICO.

Why didn't you return the item?

 

[BC9696]

Why didn't you return the item?

Retailer went outta business, mfr won't take it back so I will have to sell it. Has NOTHING to do with my question regarding the service contract. Need a precedent to stop the collection agency. Got one???

 

[TigerD]

Retailer went outta business, mfr won't take it back so I will have to sell it. Has NOTHING to do with my question regarding the service contract. Need a precedent to stop the collection agency. Got one???

Check the tone of your responses. People that can offer advice may choose not to do so.


1. You didn't cancel your service. You just ceased payment. Read your contract.
2. Once service was disconnected, they should have ceased billing the service fee and simply billed an additional termination fee. Again - check your contract.

TD

 

[BC9696]

Check the tone of your responses. People that can offer advise may choose not to do so.


1. You didn't cancel your service. You just ceased payment. Read your contract.
2. Once service was disconnected, they should have ceased billing the service fee and simply billed an additional termination fee. Again - check your contract.

TD

This is why I am seeking a precedent. My position is simply this, if I am unable to access and use the service then the contract is already breached by the provider and I am not liable for fees because I was denied the benefits I had been paying for. heck, I deserve a refund for the funds they took without providing my service. I notified the company (after repeated efforts with customer care to get the service to function) I was terminating their payment access because they denied me my service access and because they refused to terminate my contract for nonperformance on their part. So again I ask, does anyone know of a legal precedent that applies to breach of service under these circumstances? That's all I'm asking. Really don't have time to argue the merits or exchange a lengthly discussion on common sense. I'm way past that.

 

[Zigner]

This is why I am seeking a precedent. My position is simply this, if I am unable to access and use the service then the contract is already breached by the provider and I am not liable for fees because I was denied the benefits I had been paying for. heck, I deserve a refund for the funds they took without providing my service. I notified the company (after repeated efforts with customer care to get the service to function) I was terminating their payment access because they denied me my service access and because they refused to terminate my contract for nonperformance on their part. So again I ask, does anyone know of a legal precedent that applies to breach of service under these circumstances? That's all I'm asking. Really don't have time to argue the merits or exchange a lengthly discussion on common sense. I'm way past that.

If the retailer went out of business, that means that you bought a phone and then tried to use it on the provider's network (ie: two separate transactions.) You could have bought a different phone and continued to utilize the service. It's not the phone service provider's fault that you bought something that wasn't compatible with their network.

PS: I agree that you're way past "common sense" since you apparently didn't use any from the beginning.

 

[TigerD]

Really don't have time to argue the merits or exchange a lengthly discussion on common sense. I'm way past that.

Good luck with that.

TD

 

[BC9696]

If the retailer went out of business, that means that you bought a phone and then tried to use it on the provider's network (ie: two separate transactions.) You could have bought a different phone and continued to utilize the service. It's not the phone service provider's fault that you bought something that wasn't compatible with their network.

PS: I agree that you're way past "common sense" since you apparently didn't use any from the beginning.

Full of presumptions aren't you? Wasn't a phone. It's a DeLorme inReach Explorer backcountry GPS linked nav/emergency beacon w/ phone link to send texts via satellite (not cell). Contacted a real atty and learned the service provider (DeLorme) was in material breach of contract for charging me for the service but not resolving hardware/software problems that prevented me to using it. I will be getting a refund.
This site is worth exactly what it costs.
Bye forever.

 

[Zigner]

Full of presumptions aren't you? Wasn't a phone. It's a DeLorme inReach Explorer backcountry GPS linked nav/emergency beacon w/ phone link to send texts via satellite (not cell). Contacted a real atty and learned the service provider (DeLorme) was in material breach of contract for charging me for the service but not resolving hardware/software problems that prevented me to using it. I will be getting a refund.
This site is worth exactly what it costs.
Bye forever.

Riigghhtt.

OG effect is in full force even in THIS forum.