Security System Monitoring Contract

[palam001]

What is the name of your state (only U.S. law)? CA
Is this a breach of contract? Do I have the right to sue them in small claim court to terminate this contract?

I have a 36 months security system monitoring contract with company ABC. After honoring the contract and continue paying as a good customer for 12 months of $39.99/month to their sub-company XYZ. Sub-company XYZ send me a letter to cancel my monitoring service for no stated reason and said they are no longer monitoring my security system and stated I have to contact my ABC the original contract company for monitoring services. I tried to contact the ABC company for 7 months to ask if who is monitoring my security system with no answer and no phone calls returned. Meanwhile, several alarms have gone off with no monitoring services or contact, so I decided to shut it down. ABC continue to bills me for the services and I refuse to pay because no monitoring services. Meanwhile, I just moved to a new home and sold my old home with the security system still attached. I contacted company ABC to remove or move my system with no answer and ignore calls. I send them a certified letter last month to cancel all agreement because they are not doing their part of monitoring my security system. They respond with a letter saying they have a valid 36 months contract with me and will sent me into collection if I don't pay the full amount. Also stated that I have to give them $299 and sign a new contract for another 3 years in order for them to move my system. Based on their performance in the last 7 months, I will not do that. They are playing hard balls with me and I have contacted the BBB to seek solution, but seem very limited. Should I take them to small claim court and have the contract voided.
So what is my legal remedy?? Please help...All comments welcome.
Paul L. from Brentwood, CA.

 

[Dave1952]

What does the contract say? Who have you been paying?
You had ABC install a security system. They provided you with the name of XYZ whom you hired to do monitoring at $40/mo. Were you paying ABC also at that time? If so, for what?
XYZ stops monitoring (and billing). ABC does not provide a monitoring company and you do not seek one on your own. Are you now paying ABC for monitoring? Is ABC obligated to provide some sort of monitoring?
You sell the house with the security system included in the sale. You have not completed your contract with ABC and have stopped paying.
You base your actions on the belief that ABC was obliged to do monitoring. You mention communicating with ABC. Did you write to them?

Good luck

 

[palam001]

What does the contract say? Who have you been paying?
You had ABC install a security system. They provided you with the name of XYZ whom you hired to do monitoring at $40/mo. Were you paying ABC also at that time? If so, for what?
XYZ stops monitoring (and billing). ABC does not provide a monitoring company and you do not seek one on your own. Are you now paying ABC for monitoring? Is ABC obligated to provide some sort of monitoring?
You sell the house with the security system included in the sale. You have not completed your contract with ABC and have stopped paying.
You base your actions on the belief that ABC was obliged to do monitoring. You mention communicating with ABC. Did you write to them?

Good luck

A) I was paying XYZ for $40/Month. Apparently XYZ had somekind of contract with providing monitoring services for ABC. All of a suddenly XYZ cancel and refer me back to ABC for help and ABC ignore and begins to send me bills.
B) The contract was for monitoring my security system from ABC.
C) I sold the house without the security system included, new owner are ready anytime for ABC to remove the system, in fact they demanding that I do that so they can install their own system.
D) A lot of phone calls ignored for 6 months, so I wrote a certified letter last month demanding performance or cancel my contract and they still reply threats to send me into collection if I don't pay them.

Paul

 

[Dave1952]

Ok, I think I understand. You agreed to pay ABC $40/mo. for 3 yrs. In return for this an alarm system was installed, maintained, and monitored. During the first year you were happy. Then the parent company, ABC, took over the monitoring, supposedly.
You believe that they were not monitoring. Why is that? No two way voice? Explain why you think that they were not monitoring. What does your contract promise for monitoring?. When an alarm occurs, how are they supposed to respond?
If you can do show no monitoring then you may have a breach of contract.

 

[palam001]

Ok, I think I understand. You agreed to pay ABC $40/mo. for 3 yrs. In return for this an alarm system was installed, maintained, and monitored. During the first year you were happy. Then the parent company, ABC, took over the monitoring, supposedly.
You believe that they were not monitoring. Why is that? No two way voice? Explain why you think that they were not monitoring. What does your contract promise for monitoring?. When an alarm occurs, how are they supposed to respond?
If you can do show no monitoring then you may have a breach of contract.

A) The contract is with ABC, during the first year they subcontracted or sold my the alarm monitoring services to XYZ to take care of me paying XYZ $40/Month.

B) Then XYZ for no apparent reason stop monitoring my alarm by sending me a letter of cancellation or discontinue notice and tell me to contact ABC for future monitoring services. So I tried to contact them for 6 months with no answer. So when alarms went off, there is no one contacting me like XYZ used to do. Furthermore, when you press the button on the alarm, there is usually someone on the other end answering you, again no one is there for two way voice confirm or ask for password. Several more alarms when off with no communications again. So I figure there is no monitoring my alarm signal. I call them, they just said we will return your call with our specialist, then days and weeks go by, no answer. Meanwhile, several months gone by, then I received bills from ABC for monitoring services.

C) The alarm contract stated 36 months, "company is responsible only for endeavoring to notify the police, fire, medical services unit, guard service, other authorities, or other persons whose names and telephone numbers are set forth in the subscriber contact list." "Company may attempt to verify the nature of the emergency by communicating with someone at the customer's premises or by notifying a guard service prior to notifying the emergency contacts named in the subscriber contact list." Here the tricky part "Customer releases company and its contractor from any and all responsibility or liability for any failure or delay in responding to any such notification."

 

[Dave1952]

In B) you seem to suggest that after XYZ stopped supplying monitoring services you did not notify ABC of this. You called but did not write. That's a mistake. During this time you did not pay anyone for your alarm services.
Eventually you did notify ABC and they began billing you for monitoring. Did they begin monitoring at that time? If so it sounds as if they cured the breach to the contract.

Good luck

 

[palam001]

In B) you seem to suggest that after XYZ stopped supplying monitoring services you did not notify ABC of this. You called but did not write. That's a mistake. During this time you did not pay anyone for your alarm services.
Eventually you did notify ABC and they began billing you for monitoring. Did they begin monitoring at that time? If so it sounds as if they cured the breach to the contract.

Good luck

A) ABC never even want to find a replacement monitoring company for me, they just took over the billing and never begin to monitor anything. The two-way voice went unanswered along with several alarms going off test by me just to see who is responding.

B) ABC never cured the breach to the contract as of today, they just want the rest of the money of the contract without doing anything.

C) Seems like they want to sell you a 36 months contract, then after a year, they stop responding and working and want you to pay ongoing monthly fees or remainder if you threat or tried to cancel.

 

[Dave1952]

Ok, we're back to the question of monitoring. When an alarm goes off what, according to your contract, are they supposed to do? Can you show that they did not live up to the contract after they began billing you for monitoring?
If they take you to court I think they'll be able to establish that you did not fulfill the contract, you stopped paying. Will you be able to show that they failed to provide monitoring for which you were being billed?
In the mean time get an electrician to remove the old system from the old home. You have an obligation to do this, ABC does not. Talk to the electrician about other companies that sell alarm services. Perhaps you can use some of the parts from your old system in the new one.

Good luck