Cell Phone Company Screwing me! Help!

What is the name of your state? MA

I have had a cell phone account with Nextel for about a year and a half, and I need to cancel my phone because it does NOT get service at all in my new apt in Amherst MA. I am paying 65 a month for a phone that doesn’t work. Due to what we all know as the early termination fee I am stuck in a bind here. They are charging me 200 just to end a service that they guaranteed would work here and doesn't.
So I went to a Nextel rep. that told me on the down low to try something. I sent in my months check and on the bottom of the check in the memo I rote, "The cashing of this check cancels all binding contracts between...and Nextel Communications". I then called them and tried to cancel it letting them know that they agreed to my terms by cashing it and they said they couldn’t do anything and to call the corp. office.
My question is...Do I have a chance if I were to take them to small claims court. Can I beat Nextel? Do I have a case? Any advice would be great. Thanks.

[BL]

What is/was the terms of the guarantee ? If they guaranteed it to work throughout your service plan, which would only make sense, and you have reasonably tried to rectify the issue, and it can't be done, why not complaint to the agency that oversees their service ?

Also make a complaint with the attorney generals office . You should not have to pay for services you can not use .

[cobra2599]

Now if i recall correctly US law states that if you have a contract with a service provider that can not provide service to your new address ort area if you move they can not hold you liabale for any termination fees because in essense they are breaking the contract by not servicing your phone

check out statues for that though

[cobra2599]

And yes byu them cshing that check that agreed to the contract that you provided so that is your "witness" in court no one can argue with them cashing the check

that is just like writitng a check to your landlord sating the same thing if you had a lease and he/she cashed the check you no longer have a legaly binding lease

at least thats how it is here in florida

[You Are Guilty]

Originally Posted by cobra2599

at least thats how it is here in florida

Are people in Florida incapable of reading dates? This thread is 3 years old already.