Does voice auth count as a contract

Discussion in 'Credit Talk' started by Ice_Siren, Jun 7, 2004.

  1. Ice_Siren

    Ice_Siren Well-Known Member

    Does voice authorization in the phone with AT+T long distance stand up as a contract?

    I called up for LOCAL service, somehow got the long distance guy who had questionable English, got sold on long distance that I did not need since my AT+T cell has free long distance. Then I found out I could not get the local service because my roommate who also had AT+T had not paid his bill (whatever, don't ask me..lol!)

    So I called up and cancelled the long distance people, cancelled and forgot all about it. Since I had cancelled I thought nothing about the little bills of 5 bucks I was getting in the mail from AT+T; thought it was connected to my cell bill since I had no reason to think it was about long distance.

    Well now it turns out I have a charge off from AT+T for $36 on all 3 CRA's. I can't remember the personal information I gave them over the phone and as packrattish as I am about all my correspondence I did not write down anything when I cancelled with them.

    What is the best way to handle it? Can they prove this is mine?
     
  2. cannoda

    cannoda Well-Known Member

    How does someone contract for long distance when they don't have a local phone? If I read your facts right, performance under your contract is an impossibility. This is similar to a painter being sued because he failed to finish painting a house that the owner burned down in the middle of the job. Or a company not cancelling the extended warranty you purchased after they realized that they didn't have any more of the plasma tvs you contracted for and couldn't get any more.

    AT&T couldn't provide the service unless you had local service. Likewise, you couldn't receive the service. And as you said, you already had free long distance on your cell phone with THEM.
     
  3. ontrack

    ontrack Well-Known Member

    What phone number do they claim they provided long distance for? It should be on their bill.
     
  4. Butch

    Butch Well-Known Member


    YES!

    If, as a customary and regular part of a companies business practices, they routinely get verbal confirm, it is a contract.

    The contract becomes "ratified" when you make your first payment.


    :)
     
  5. Ice_Siren

    Ice_Siren Well-Known Member

    Re: Re: Does voice auth count as a contract



    SOOOoooooo......if there was no ratification, since I never paid the bill, then......is the line of thinking I should be going down Butch? No formal acceptance of it therefore they have nada? Or I am in left field playing all by myself and reading random things into your quotation marks :) ??
     
  6. Ice_Siren

    Ice_Siren Well-Known Member

    It was for my current local number which at the time was with Qwest. AT+T local service was cheaper but the number I dialed routed me to ATT long distance. It is a long, slightly retarded story how I even got signed up but it seems to me even more retarded that I can't prove I cancelled. I guess I'll just use a "pay for deletion or lose all of my business" (ie my cell service is with them) proposition with them or depending on if I am understanding what Butch is saying dispute it. It just seems easier to pay the 36 bucks instead and get a P4D (ok that is my own little abbreviation..lol).
     
  7. ontrack

    ontrack Well-Known Member

    Did you in fact use their long distance services? Or did you cancel as you claim (whether or not they processed the cancellation) and make no use of long distance?
     
  8. Ice_Siren

    Ice_Siren Well-Known Member

    No I never used the long distance, I was stuck on a 1010 # for awhile and always used that if I could not wait for 9 pm with my unlimited minutes to come around on my cell phone.
     
  9. Butch

    Butch Well-Known Member

    It's not the 36 bux.

    It's your CR.

    It should come off easily. They don't care about a lousy $36 either.

    Just tell em they never billed ya.

    :)
     

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