Consumer complaint received 2015-08-07
Company: ERC
State: MA
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
I had a phone contract with XXXX. When I signed up for services in store XX/XX/XXXX I was told by the customer service representative in the store that I had 30 days in which to cancel my contract if I was unhappy with service. By the end of the first week it was clear that the very costly services ( around {$350.00} a month for XXXX phones ) were not providing good reception, the internet did not even WORK on the phones ( these were brand new models!!! ) and even when calling between the XXXX XXXX lines or sending texts there were often delays of XXXX minutes or more. I called on day XXXX after giving their services a chance, feeling I was well within the time limit of 30 days. I was told, I am sorry you only have ten days to cancel. I went into the store to try to talk to someone, they apologized that I was given incorrect information by the sales representative but told me that indeed I had ten days to cancel NO EXCEPTIONS. So now I was locked into a horrible cell phone service that barely worked and I did not want. We did not even use one of the phones because the internet service on it was so poor ( even when on a Wifi connection! ) that it was rendered worthless. We had to buy another phone with a different ( and much cheaper! ) provider that worked great. I continued to pay the outrageous $ 350+ monthly charges ( keep in mind this is for only XXXX phones with minimum packages ) for six months. In early XXXX of XXXX my house was robbed, my car was stolen, and XXXX of the phones was stolen. I called and reported the phone stolen and requested to cancel service on that phone. A few days later the other phone was broken beyond repair and I did not have the funds ( after being robbed of nearly all my belongings ) to purchase a new phone through XXXX. I requested they terminate my account. My father offered to call and pay via credit card because I could not afford termination fees. He did this in early XXXX XXXX. A year and a half later and I am getting letters and calls from a collection agency ( including XXXX calls after XXXX on a weeknight which I have reported them for ) asking for {$930.00} that they say I owe to XXXX. XXXX says my father never completed payment, even though when I called them to confirm the accounts were closed and everything was settled I was told, " Yes everything has been taken care of and you have nothing to worry about and will not be getting a bill from XXXX in the future. '' They are requesting a whopping {$580.00} for termination fees, despite the fact that I was duped into a contract and had made their outrageous payments each month for non-working cell phones and had been robbed and was therefore not at fault for the need to cancel contract. I am currently expecting my first child any day now, and I am single and a student with no income. I do not have the time to deal with XXXX and the collection agency harassment as I try to finish my degree and move forward in my life. These charges are beyond excessive, and XXXX has already lost a court case in XXXX County ( where I was residing ) in XX/XX/XXXX for excessive termination fees, and recently lost a nationwide case for bill cramming that occurred during the time I had service with them. Furthermore, my father paid these charges in XXXX XXXX and I was told by a representative that my account was closed, no more billing, no problems. Now I am being harassed by XXXX and their collection agency with calls being placed at XXXX on XXXX XXXX, XXXX and XXXX on XXXX XXXX, XXXX in an attempt to collect this so-called debt. XXXX customer service lies and says they want to speak with me to resolve and address my issues then claim they never got payment from my father and yell that I owe them money and they will send me the bill. A total waste of my time and harassment on all levels!

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief