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Wrongful debt collection

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Wrongful debt collection

Hello Sir/Madam,

I signed up for your service on 12/18/2016, the day I signed 'Equipment Receipt and Service Charges Authorization' form to officially get my Xfinity High Speed Internet started at my then residence in Santa Cruz, CA. Every thing went smooth for years until the day I had to move to my new location where I urged your people behind your customer helplines to move my connection over at.  But, they conveyed their regret by saying they do not service the area I was moving into. I insisted and later inquired about the alternatives and the rep I spoke with actually recommended another ISP called Spectrum. The way he recommended the new service, I literally presumed it was your sister company.

 

Anyway, the day to disconnect my service arrived. I spoke with the lady to cancel my service (3/3/2018) and I inquired with her about any future hidden charges like termination fee. She kindly advised that would not be applicable in my case, since I had been with you guys for almost 2 years with not a single default on a bill pay and was still intent to move Comcast Service along with me to my new address but since the area did not have the coverage, I would not be slapped with that fee. It was all over the phone confirmation and assurance. A few days later, I returned the modem to local Comcast office in Santa Cruz,CA over by River St. I was under the impression, all went smoothly so far. But, weeks later I received a bill of over a hundred dollar. I quickly recognized the amount I owed to you guys, that I paid without a stretch right away. But I did not recognize the $100 one and that's when all the hoopla-hoop started. They pulled their "contract" wordings to make me pay the fee that I was never aware of or owe to you. I had already committed to 1 year contract and I am not sure how they renewed my plan and how they set it up on their end. As long as I remember, the promotional offer was only good for 12 months. From that moment on, I spoke and chatted over with more than 10 of your reps, and I kept asking to honor the verbal assurance that was given to me when I unwillingly had to cancel the service due to move-over. Every single one of them denied and reluctant to look that information up and implied only if there was a written note in their system, they would waive the fee. I have not signed anything on a written contract and there is no ground for you to impose me the termination fee. You might come after me by saying that I might have given my verbal consent. But then again, I insist you to honor the verbal assurance by one of your reps. They did not intend to go over the recordings and continuously cut me short by regurgitating 'only if they had written notes put in by their colleagues' type of replies.

 

Now, suddenly I started to get calls from people posing as Comcast on a daily basis. At first, they lied to me and pretended they were with Comcast, just to get/verify my information out. It's only after few calls I figured out they're debt collecting agencies calling about the 'supposed' debt I owed to you. Technically, I do not owe Comcast anything, I paid off all my monthly bills diligently. The termination fee that I am slapped with does not hold it's validity since there is no existence of the signed written contract. That is a clear indication the contract is not valid and the fee is unlawful, deceptive and criminal. The contract on the basis of which, the fee is determined lacks it's enforceability and will/should be deemed unenforceable since I was given onerous terms, non-disclosure of contract esp. on a subject matter of termination fee related, etc. over the phone when my 12-month promotional period expired. The only form I agreed and signed is 'Equipment Receipt and Service Charges Authorization' form at service inception and agreed to not cancel the service for first 12 months. Nowhere on that form, I signed had any mention of Termination Fee. 

 

In addition to that, I've been getting threatening calls lately from the same people at debt collecting agency whom you sold my 'unlawful, unrealistic, deceptive and madeup' debt over. They are intimidating me by saying either I pay the bill or they will mess up my credit score by reporting my debt to the credit bureau. When I frantically inquired when they intend to do so, they gave me the date ultimatum. That was unreal. I've never had this kind of experience before and currently, I'm being treated as a criminal. I'm sure this has been going on with other people too.

 

I would therefore kindly like to request you to revisit and revise your stand on this and remove this debt from the hideous debt collection agency database from whom I've been getting regular harassment and threatening calls. This is adversely affecting my mental wellbeing as well as my day-to-day quality of work/family life, and overall performance. I'm planning to press charge/file lawsuit against them on 'Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act (FDCPA), Defamation of Character', seeking punitive, compensatory and statutory damages if this doesn't stop.

 

Thank you for reading my plea and hopefully, you would put yourself in my shoe and not be judgmental when taking this matter into your consideration.


Thankfully,
NL

Expert

Re: Wrongful debt collection


@Confused_Soul44 wrote:

Hello Sir/Madam,

I signed up for your service on 12/18/2016, the day I signed 'Equipment Receipt and Service Charges Authorization' form to officially get my Xfinity High Speed Internet started at my then residence in Santa Cruz, CA. Every thing went smooth for years until the day I had to move to my new location where I urged your people behind your customer helplines to move my connection over at.  But, they conveyed their regret by saying they do not service the area I was moving into. I insisted and later inquired about the alternatives and the rep I spoke with actually recommended another ISP called Spectrum. The way he recommended the new service, I literally presumed it was your sister company.

 

Anyway, the day to disconnect my service arrived. I spoke with the lady to cancel my service (3/3/2018) and I inquired with her about any future hidden charges like termination fee. She kindly advised that would not be applicable in my case, since I had been with you guys for almost 2 years with not a single default on a bill pay and was still intent to move Comcast Service along with me to my new address but since the area did not have the coverage, I would not be slapped with that fee. It was all over the phone confirmation and assurance. A few days later, I returned the modem to local Comcast office in Santa Cruz,CA over by River St. I was under the impression, all went smoothly so far. But, weeks later I received a bill of over a hundred dollar. I quickly recognized the amount I owed to you guys, that I paid without a stretch right away. But I did not recognize the $100 one and that's when all the hoopla-hoop started. They pulled their "contract" wordings to make me pay the fee that I was never aware of or owe to you. I had already committed to 1 year contract and I am not sure how they renewed my plan and how they set it up on their end. As long as I remember, the promotional offer was only good for 12 months. From that moment on, I spoke and chatted over with more than 10 of your reps, and I kept asking to honor the verbal assurance that was given to me when I unwillingly had to cancel the service due to move-over. Every single one of them denied and reluctant to look that information up and implied only if there was a written note in their system, they would waive the fee. I have not signed anything on a written contract and there is no ground for you to impose me the termination fee. You might come after me by saying that I might have given my verbal consent. But then again, I insist you to honor the verbal assurance by one of your reps. They did not intend to go over the recordings and continuously cut me short by regurgitating 'only if they had written notes put in by their colleagues' type of replies.

 

Now, suddenly I started to get calls from people posing as Comcast on a daily basis. At first, they lied to me and pretended they were with Comcast, just to get/verify my information out. It's only after few calls I figured out they're debt collecting agencies calling about the 'supposed' debt I owed to you. Technically, I do not owe Comcast anything, I paid off all my monthly bills diligently. The termination fee that I am slapped with does not hold it's validity since there is no existence of the signed written contract. That is a clear indication the contract is not valid and the fee is unlawful, deceptive and criminal. The contract on the basis of which, the fee is determined lacks it's enforceability and will/should be deemed unenforceable since I was given onerous terms, non-disclosure of contract esp. on a subject matter of termination fee related, etc. over the phone when my 12-month promotional period expired. The only form I agreed and signed is 'Equipment Receipt and Service Charges Authorization' form at service inception and agreed to not cancel the service for first 12 months. Nowhere on that form, I signed had any mention of Termination Fee. 

 

In addition to that, I've been getting threatening calls lately from the same people at debt collecting agency whom you sold my 'unlawful, unrealistic, deceptive and madeup' debt over. They are intimidating me by saying either I pay the bill or they will mess up my credit score by reporting my debt to the credit bureau. When I frantically inquired when they intend to do so, they gave me the date ultimatum. That was unreal. I've never had this kind of experience before and currently, I'm being treated as a criminal. I'm sure this has been going on with other people too.

 

I would therefore kindly like to request you to revisit and revise your stand on this and remove this debt from the hideous debt collection agency database from whom I've been getting regular harassment and threatening calls. This is adversely affecting my mental wellbeing as well as my day-to-day quality of work/family life, and overall performance. I'm planning to press charge/file lawsuit against them on 'Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act (FDCPA), Defamation of Character', seeking punitive, compensatory and statutory damages if this doesn't stop.

 

Thank you for reading my plea and hopefully, you would put yourself in my shoe and not be judgmental when taking this matter into your consideration.


Thankfully,
NL


For correct information regarding Early Termination Fees please see here.
 
If you were in a contract and moved to an area not serviced by Comcast, ETF is valid.


I am not a Comcast employee; I am just a customer, volunteering my time to help other customers here in the Forums.

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