Issues across state lines

[helloworld]

What is the name of your state? NH, but this can be for any state.

Hi, I have an issue with a large corporation that totals around $250. I tried disputing a wrongful charge, but simply to say we both have different views on the subject. I requested mediation and they seem to be dragging their feet on that. This question is in case they refuse mediation.

My questions are, can an individual like myself file a small claim suit against a major corporation? Their terms + conditions you get when opening a new account state something to the effect that all legal issues will be settled in their corporate offices state. For me this is half way around the country, does this mean I need to file a case in that state?

Under threat of imminent collections, I paid the bill off. They said that if they wrote it off and sent to to a collections agency that I could not possible mediate or dispute the false charges. My fear is that now that they have their money, they will just ignore me and side step anything like mediation.

Please don't get me wrong, I tried everything I could to work this out with them. This would just be a last resort, I would apprecuiate any advice you can give.

Thanks,
Ry

 

[Terry7]

The old "we have different veiws" answer.
They acknowlege your Dispute by replying to you.You probably did the right thing by paying them ( because if it went to collection and in the CRA - you would have to fight for months to clear it up).
Call your local ATTORNEY GENERALS' OFFICE - Consumer Affairs dept.
Have them send you a Complaint form.When you send it back,include (copies ) of all documents to & from the corp.
You will have a space to breifly explain what happened,and a space asking you what remedy you are seeking.Ask for the (alledged) specified overcharge to be refunded.
If the corp. supplied you with the written terms ,to dispute and what procceedures each party must fallow,include a copy of that document,and on the complaint form breifly describe any terms they did not fallow.(you have to fallow them too).
They must respond to the Attorneyy Generals Office,and hopefully you will get what you want.
Do your homework,and write breif ,specifics,why you beleive your entitled a refund ?
This may take 2 0r 3 months,but give it a try.

 

[AmateurShyster]

Can you say some more about the nature of the overcharge, the wording of the contract you made, and the steps the corporation took to induce you to pay the overcharge?

 

[helloworld]

Thank you Terry, very helpful and I will certainly do that.

AmateurShyster, here are a few more details, I'll try to be brief.

This is for cell phone service.

1, They never sent my "free phone rebate" Contacted them and they said that everytrhing was in order and I should resend my documentation. I did, they never responded.

2. Service was not acceptable, thought I was within their calling area Service was often too poor to use the phone. Upon contacting them numerous times, they led me to believe we could fix this and we tried different plans for the roaming, software reset on the phone, software upgrades, other things to make this work. They really led me to believe there was a problem that could be fixed.

Though the "contract" said I had 30 days to get out of the service, one of their reps specifically said that if they were not able to fix the problems they would make things right.

I come to find out months later from one of their reps that none of the steps taken could have fixed the problem! I can only assume they did these things to keep me beyond their point where I could cancle without fee. (Does that constitute 'alledged' fraud)

I sent them letters explaining my issues (all the above and more as I really want to keep this semi brief). They never responded. Over a month later I sent a certified letter terminating the service citing their past due amount on the rebate, failure to respond to me, and inability to provide the requested service. I specifically stated I would not pay the early termination fee as they were canceled due to their failures, not mine. They never responded to dispute that, and I thought everything was over with. 4 months later they sent me a huge bill for not only the canceled service (normal fees as if I never canceled) and the early termination. I called them, and they removed only some of the regular phone fees, but refused to budge on the rebate or the early termination fee.

OK, my opinion section: I know they can't guarantee service in an area, but if it can't be provided or fixed then they should have told me when I contacted them so I could cancel prior to that 30 day clause. I do not know about the technical workings of a cell phone and would have no reason to believe that if they said they could do something that it really had no point. They also have no viable excuse for that rebate.

Well, longer than I expected but now you know a good chunk of the issue. Thanks again for listening.

-Ry

 

[AmateurShyster]

I suggest that you contact all of (1) the FCC, (2) the NH Attorney General, and (3) the consumer reporter at a local TV station. Your purpose in doing this is partly to get your own problem solved, but also to put a stop to what may be a pervasive scam by this same phone company affecting many citizens of NH.

In addition, I would suggest that you consult the NH statutes on unfair or deceptive debt collection practices to see if the phone company is doing anything they shouldn't. This is ch. 358-C of your laws, which I found online at http://www.gencourt.state.nh.us/rsa/html/XXXI/358-C/358-C-3.htm.

Finally, I suggest that you contact a local attorney with a view towards suing the phone company under your consumer protection law, ch. 358-A. The law provides for actual damages or $1,000, whichever is *greater*, for possible treble damages, and for attorney's fees. Shop for an attorney who will not charge you for the initial consultation.

At some point down the road, you may also want to avail yourself of the right to inspect your credit history in order to dispute any incorrect report that this phone company might make.

 

[Terry7]

Yes and especially,If they FALSLY report you to a CREDIT REPORTING AGENCY ,you have Laws on your side,and they can be sued for UP TO $3,000.00 for willingly/knowingly Reporting inaccurate information to CRAs.( if you are in dispute they CAN-NOT report you as delinquent or negitively ).
If this happens, send for the Pamplets to the Federal Trade Commission (www.ftc.gov) for Fair Debt Collection Practices Act & Fair Credit Reporting Act.
These 2 Pamplets explain quite a bit of information,that I have personally used to CLEAR my Credit Reports.

 

[helloworld]

You two are great. Thank you so much for the advice, I now know where to start. I will wait about a month (give time to see if anything gets reported), then pull a credit report. For a fee, you can actually get all 3 major bureaus reports instantly and online now.

In the mean time I'll get started on contacting those other agencies.

Thank you again,
Ry

 

[Terry7]

I would NOT wait to "SEE" if they report you to CRAs,athough their has to be a CRA report to dispute.
One or more CRAs will send you ( 1 ) free report each yr.

Remind the Company you consider this matter still in dispute,write it on the complaint to the Attorney General Office And write a Seperate Letter to,them staing you consider this matter in dispute,and they can take NO other ACTIONS under FTC rules,while it's in dispute.

 

[helloworld]

I'm not sure I understand though? Can they put something on my credit even though I have paid them? I paid under threat of collections, so it should not have anything on my report. Can they still do that after I paid?

My reason for waiting to check the credit was in case there was a time delay. As you said, they can't touch my credit because I dispute or try to mediate.

I must be missing something simple.


...AmateurShyster, Thanks for that link, the very last item listed is exactly what they did, and by that document are prohibited from doing. Having that knowledge will be quite useful. I'm going to call that company up and see if I can get all my phone recordings. If so then it will not be just my word vs theirs.

 

[Terry7]

My mis-understanding.You are disputing the overcharge . File a complaint w/ the Local Attorney Generals Office - consumer affair Dept. ( or what ever terms your state uses ).
Also,look up what agency the Companys' Bank falls under : FICA ,ext,
Often the bills or other documents from the Corp. will have that information on them.
The banks are required by the agencies that oversee them to fallow specific rules.
Complain to that banks agency,if the rules were NOT fallowed.