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.
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.