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Internet company says I signed up for 12 month contract and I say no. Advice please.

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DanielSchaefer

Junior Member
How would I go about taking them to small claims court? I've only been with them for 2 weeks so I'm not asking for much money. Just whatever it costs to cancel my account and my time plus court fees. Is small claims even the place to do this?
 


Zigner

Senior Member, Non-Attorney
How would I go about taking them to small claims court? I've only been with them for 2 weeks so I'm not asking for much money. Just whatever it costs to cancel my account and my time plus court fees. Is small claims even the place to do this?
You have suffered no loss yet. You have no reason to take anybody to court.
 

jiggy78

Member
You have nothing to sue over. If you don't pay, you could be sued, either by them directly or more likely a collection agency. It will probably also end up on your credit report. (which you can dispute)
 

Zigner

Senior Member, Non-Attorney
You have nothing to sue over. If you don't pay, you could be sued, either by them directly or more likely a collection agency. It will probably also end up on your credit report. (which you can dispute)
To avoid the credit hit, OP could pay then sue to recover.
 

DanielSchaefer

Junior Member
Yea, I plan on paying my bills. I haven't canceled yet because I wanted to wait until I knew what I wanted to do. My current plan was to cancel. Pay the cancellation fee then take the company to small claims for the money. I do not know how to take a company to small claims court though.
 

Zigner

Senior Member, Non-Attorney
Yea, I plan on paying my bills. I haven't canceled yet because I wanted to wait until I knew what I wanted to do. My current plan was to cancel. Pay the cancellation fee then take the company to small claims for the money. I do not know how to take a company to small claims court though.
Be careful in how your word the payment. If you simply pay, it may be seen as implied agreement with the terms.

See http://www.mncourts.gov/selfhelp/?page=313 for more information on Conciliation Court (Small Claims Court) in MN.
 

DanielSchaefer

Junior Member
Well, I googled the executive of customer service's direct phone number and called her. I explained the situation and she agreed with me. She said that because I accepted the online instant credits I was in contract. I explained to her the online credit state they are there for ordering online, nothing else. There is no terms and conditions attached to them. But I told her at this point I really don't need to argue those, even though I know I'd win that one. I told her I had no problem sending everything back and paying for the 2 weeks I used the service. So that was the resolution. Contract that never existed is canceled and I had to pay for 2 weeks of internet. Now the activation fee was included in those instant online credits (which were advertised as instant credits for ordering online, nothing more). Time will tell if they try to bill me for that but I can at least afford 75$ then the court fees, instead of the 400$ cancellation fee and court fees.
 

Zigner

Senior Member, Non-Attorney
Well, I googled the executive of customer service's direct phone number and called her. I explained the situation and she agreed with me. She said that because I accepted the online instant credits I was in contract. I explained to her the online credit state they are there for ordering online, nothing else. There is no terms and conditions attached to them. But I told her at this point I really don't need to argue those, even though I know I'd win that one. I told her I had no problem sending everything back and paying for the 2 weeks I used the service. So that was the resolution. Contract that never existed is canceled and I had to pay for 2 weeks of internet. Now the activation fee was included in those instant online credits (which were advertised as instant credits for ordering online, nothing more). Time will tell if they try to bill me for that but I can at least afford 75$ then the court fees, instead of the 400$ cancellation fee and court fees.
For $75, is court even worth the time? For me? Nope, no way in hades. For you? Only you can answer.
 

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