Two years ago, I moved cross country, leaving a residence in Texas. I stopped all services going to the house and paid off the remaining balances on the accounts as the bills came in. In most cases, I canceled service verbally with a call to the utility's service line.

The cable company had an office on my commute, so I stopped in, paid up and canceled in person. Verbal, no record in my hands.

My tenancy required written notice, for which I don't have a copy because I never printed a duplicate and I lost the files with no backup. The old landlord may still have a copy, but I won't count on it.

On the other end, in New Hampshire, I signed a lease, and do have a copy of it.

In March of 2007, I get a collections notice from a third party. I call and explain that the service was canceled and paid off, the bill is in error and they won't be paid. The CA has correctly flied that the bill is disputed. They don't accept that I canceled service and are trying to collect for services which I canceled in person, and which the cable company claims were delivered after cancellation to a house which was known to be empty for at least two months after my departure.

What I would like to do is sue to vacate the debt, using my last check and new lease as proof that I couldn't use the services and insist that because the lack of a cancellation record on the cable company's part doesn't mean I didn't cancel service.

I have also contested this via the CRAs, but their mechanisms don't work for this problem, and the root issue is that I have to prove that the debt isn't valid.

I am planning to demand validation of the debt. If I am reading things correctly, I should see some information about when the debt was accrued, which could only be after I attempted to cancel service. If the paper they send me includes those dates, I plan to first provide proof to the CA that I was no longer resident at the address where service was provided and that the house was vacant, and show that the account was paid in full up to the point where I cancelled of service. If they don't vacate the debt, I plan to sue.

Does this sound like a good plan?

When you went to the cable company's office and paid it did you pay by check or cash? If by check get a copy of the cancelled check.
Send a copy of that check to the collection goons hounding you and tell them to jump into shark infested waters.

The problem is that you don't have proof of cancelation.

They will say that you paid the bill but didn't cancel, and you have no proof that you did. So if they say that they canceled you 60 days later because you hadn't paid, what proof do you have?

I don't see how you can be successful in a suit absent a proof of cancelation. The first thing the judge is going to ask is for you to prove that you actually canceled this service. This is a good reason for everything to be done in writing, and files maintained for at least five to seven years.

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The Answer is 42!!

Would it be fair game to demand verification from the CA, but ask for good will from the cable company?

I don't believe the debt is legit, and I'm going to fight the CA, which has no reason to extend good will, because I'll never be their customer again. Every time something dumb like this happens to me, I write up another mistake to not repeat...

On the other hand, my service period with Charter was pretty good. The comedy of errors surrounding my almost cancellation set aside, I'd do business with them again. If they aren't willing to set this aside, I'll never do business with them again.

I dealt with charter before in nevada.And found them totaly inept.The office part of it,the field service was good.

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jjgross* The answer my friend is written on the wind

It certainly can't hurt to do a goodwill letter, telling them that if they can't help you out, not only will you not use them again if the opportunity arises, but you'll tell everyone you know not to use them.

That's probably more of a threat, since you still know people where they operate.

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The Answer is 42!!

I think he could make a good argument with a cancelled check. Unless he cancelled the account on the exact day of the month he started the service, there would be some pro rata charges for a partial month. Have the cable company explain the odd amount paid :)

No, that only proves he paid the bill. It doesn't prove he canceled the service.

You'd be surprised how many people move out of homes, pay the bill, and never cancel. Then they get upset when they're billed for services they say they never received. But the place they lived received the services.

Try this:

"Your Honor, I canceled this service. Here is my check. It's not the exact amount of a month's bill."

Cable company: "Your Honor, this proves that he paid his bill plus an additional amount. He said he wanted to pay up to the date he was in the office, but there is nothing here in our records about cancelation. Here is the record of his account, and there is no cancelation notice here."

Judge: Find in favor of cable company. No proof of cancelation.

Again, writing, writing, writing. I don't know why people are so afraid of writing a letter and putting it in the mail anymore.

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The Answer is 42!!

Demand validation of the debt from the collector immediately. Also, tell them to reduce all future communications to writing. In addition, you could approach Charter in a goodwill posture and ask them to verify the debt as well per the FACTA amendements to the FCRA.

As for a suit, well you could put on an affidavit and then, they would have to file a sworn denial. It could work. More likely than not, you'd just settle and have the debt negated.

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Your right when i moved in between statements.I call and gave my address change and told them to send my statement to the new address.I also told them to disconnect the service as we were leaving that afternoon.I had no problems with that i got my bill at my new address and paid it off.Sometimes a simple phone call is enough.But you have to verify,I know people are busy but when it comes to money you should never be that busy it costs you money.

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jjgross* The answer my friend is written on the wind