brettcmirl
Junior Member
What is the name of your state? California
I signed up for sattelite TV through a 3rd party over the telephone. I let the salesperson know that I would not be present at the installation and was told that was fine, just have the check (for the initial month's fee) available. No prepayment penalites were discussed in the sales call. They took my credit card # to ensure the return of the equiptment if I cancelled.
The service was unacceptable and, after three months, I cancelled through the sattelite company. I returned the equiptment to the satellite company. I then noticed a $800 charge on my credit (bank) card. When I called the 3rd party they said it was for the cancellation fee's associated with the contract I signed. I told them I never signed a contract with them. They mailed me a copy of the contract with my named signed on it but it was not my signature. When I asked my babysitter (Mother in law) if she had signed my name, she said the installer told her to sign my name and it was simply to verify that the system was installed. I filed a complaint with my credit union to get the charges reversed and assumed they were successfull as the charges were reversed.
Now the 3rd party has sent me to collections for $1,600+, when I called the collection agency to explain the situation they explained that my babysitter had commited a felony by signing my name and that I should file a police report and give them a copy so they can go after her for the charges. He said I was a victim of Identity theft?? When I said she was told to sign my name by the installer his response was "Did she have a gun to her head?"
When I refused to give them her name and address, he said he was going to recommend that his client file a civil suit against me for the charges, place a lien on my property, and get a judgment for the cancellaton fees as well as all attorney fees associated with the action.
Here's my question. Is the contract valid? I would have never signed it with the terms that were included. Those terms were never disclosed to me. What is my potential exposure? How do I fight this?
I signed up for sattelite TV through a 3rd party over the telephone. I let the salesperson know that I would not be present at the installation and was told that was fine, just have the check (for the initial month's fee) available. No prepayment penalites were discussed in the sales call. They took my credit card # to ensure the return of the equiptment if I cancelled.
The service was unacceptable and, after three months, I cancelled through the sattelite company. I returned the equiptment to the satellite company. I then noticed a $800 charge on my credit (bank) card. When I called the 3rd party they said it was for the cancellation fee's associated with the contract I signed. I told them I never signed a contract with them. They mailed me a copy of the contract with my named signed on it but it was not my signature. When I asked my babysitter (Mother in law) if she had signed my name, she said the installer told her to sign my name and it was simply to verify that the system was installed. I filed a complaint with my credit union to get the charges reversed and assumed they were successfull as the charges were reversed.
Now the 3rd party has sent me to collections for $1,600+, when I called the collection agency to explain the situation they explained that my babysitter had commited a felony by signing my name and that I should file a police report and give them a copy so they can go after her for the charges. He said I was a victim of Identity theft?? When I said she was told to sign my name by the installer his response was "Did she have a gun to her head?"
When I refused to give them her name and address, he said he was going to recommend that his client file a civil suit against me for the charges, place a lien on my property, and get a judgment for the cancellaton fees as well as all attorney fees associated with the action.
Here's my question. Is the contract valid? I would have never signed it with the terms that were included. Those terms were never disclosed to me. What is my potential exposure? How do I fight this?