Tmobile Charge Dispute

[phone7]

NY

Hi Guys! I'm glad about this forum.

Would like to know how best to sue Tmobile over a disputed amount - either small claims or should I hire an attorney? I feel that I've gone thru so much distress already for more than a month now over fighting over this amount from Tmobile's flat-out thievery, and maybe small claims court wouldn't suffice? I guess I wanna kick their asses back too as they did to me...if that's a way to put it.

Thanks so much for your advice!

 

[justalayman]

first, read your contract. You may be contractually obligated to do something other than suing them.

Then, once you figure out if you can sue them, unless you have a lot of money to throw away, using a lawyer isn't going to be a big benefit to you as the costs of an attorney are not likely to be recoverable.

 

[phone7]

I don't have the contract anymore. Do you mean I can't just sue them even if their actions are unconstitutional? Please bare with me, here's the details:

*** i am the primary holder of the contract, which has 2 numbers
*** days before my 2nd year contract anniversary (that if i cancel, i won't be charged any termination fee), i have been in touch with 2-3 reps expressing my intention to cancel contract.

9/30: Only me signed up to another carrier when it was safe to do so. It was explained to me that as soon as there is a new contract, my contract with previous carrier is automatically cancelled.
10/11: beginning of another cycle with tmobile

*** sometime before 11/2, i received a bill that all this time, contract with Tmobile has actually not been entirely cancelled and that they're still charging me for the 2nd line.
11/2: was when I made the call to tmobile and got the shock of my life....went ahead to "cancel" the contract in its entirety, when it was even supposed to be already cancelled when I moved to a different carrier.

*** disputed amount is: charge between 10/11 (new cycle) - 11/2 (when i made that call and "canceled" the contract

Their argument is: it was only my number that was moved to another carrier. They say the charge has nothing to do with the contract that was already cancelled, it was the existing service.
My point is: How can there be existing service if there's no contract? If there is service, why am I still attached to it and why am i the one being charged? If contract is cancelled, it is cancelled. Rape is rape. Anything attached to that contract (including any other lines), should have also been cancelled. There should not have been any charge from 10/11 to 11/2 coz there should not have been a line existent.

Am I wrong? Were my accounting teachers/books wrong about this?

 

[justalayman]

unconstitutional?

You kind of skipped over some very important information.


whose name was the account under; yours or the other person that had a phone under the plan?

 

[TheGeekess]

I don't have the contract anymore. Do you mean I can't just sue them even if their actions are unconstitutional? Please bare with me, here's the details:

*** i am the primary holder of the contract, which has 2 numbers
*** days before my 2nd year contract anniversary (that if i cancel, i won't be charged any termination fee), i have been in touch with 2-3 reps expressing my intention to cancel contract.

9/30: Only me signed up to another carrier when it was safe to do so. It was explained to me that as soon as there is a new contract, my contract with previous carrier is automatically cancelled.
10/11: beginning of another cycle with tmobile

*** sometime before 11/2, i received a bill that all this time, contract with Tmobile has actually not been entirely cancelled and that they're still charging me for the 2nd line.
11/2: was when I made the call to tmobile and got the shock of my life....went ahead to "cancel" the contract in its entirety, when it was even supposed to be already cancelled when I moved to a different carrier.

*** disputed amount is: charge between 10/11 (new cycle) - 11/2 (when i made that call and "canceled" the contract

Their argument is: it was only my number that was moved to another carrier. They say the charge has nothing to do with the contract that was already cancelled, it was the existing service.
My point is: How can there be existing service if there's no contract? If there is service, why am I still attached to it and why am i the one being charged? If contract is cancelled, it is cancelled. Rape is rape. Anything attached to that contract (including any other lines), should have also been cancelled. There should not have been any charge from 10/11 to 11/2 coz there should not have been a line existent.

Am I wrong? Were my accounting teachers/books wrong about this?

Please post the section of the Constitution that you feel they are violating.

 

[EmmeRose]

Oh you know, it's in the amendment that entitles everyone to get out of a cell phone contract when they want to.

 

[phone7]

sorry, i probably went too far there...maybe "unconstitutional" is not the right term. i apologize.

as the primary holder of the account, the contract is under my name. The contract has long past the 2 - yr anniv, so i'm safe on the 2-yr contract rule.

thanks

 

[justalayman]

sorry, i probably went too far there...maybe "unconstitutional" is not the right term. i apologize.

as the primary holder of the account, the contract is under my name. The contract has long past the 2 - yr anniv, so i'm safe on the 2-yr contract rule.

thanks

If it was your contract, you are liable for any and all charges on the contract until you terminate the contract. Your contract was not terminated because you did not terminate it. You left the 2nd phone active.

 

[phone7]

thank you for your patience and advice justalayman.

i was told that transferring to another carrier is termination of contract. i've expressed my intent to terminate by a number of calls prior to transferring and the new carrier has confirmed cancellation.

 

[justalayman]

was the other phone on your contract still active?

 

[phone7]

yes, they left it active from until i received a bill and gave them a call on 11/2.

 

[OHRoadwarrior]

It only terminates the line you transfer. They do not keep mind readers on staff. As the second phone received service the bill is due and payable.

 

[FlyingRon]

A month...oh that's nothing in legal time. You'll be lucky if you get to small claims in a month.

One option is to go to WWW.FCC.GOV, on the side of the page there's a "FILE A COMPLAINT" link.
This will take a while but eventually it WILL go to a lawyer very high up in T-Mobile who will be empowered to make a resolution that the "customer service" reps are not.