On 10/06/06, My Choice Energy employee Marc Colding (agent code 8708), came to my residence offering me a deal on natural gas. He told me I would save much money by enlisting My Choice Energy as my natural gas provider, but that I would continue to be billed by DTE Energy, my previous and current supplier.
After me telling him no many times, I relented and said ok, I'll try it. He filled a two page form out and I did NOT sign it.
He used my telephone to call a number and had me get on the phone with someone who asked me a series of questions.
When I recieved my next bill from DTE Energy, my total was extremely higher than usual. I callled them to ask why and was informed that it was because of My Choice Energy. The reason why is because not only do I have to pay DTE, I have to pay My Choice Energy as well. I was being double billed.
DTE Energy told me to call MY Choice Energy and have it cancelled. Which I immediately did.
On 2/12/07 My Choice Energy sent me correspondence for my cancellation going into effect. The letter then stated if I have cancelled after 30 days of service I am responsible for a fee.
I went to my files and pulled out the carbon copy of the contract the agent filled out on 10/06/06—which I did not sign. On the back it states the early cancellation fee is $150.00.
As I did not sign the contract, and my bills were higher for 11/ 06,12/06, and 1/07, instead of lower, as promised by the company, and I felt I should not be responsible for owing them another $150.00.
I called My Choice Energy on 2/12/07 and explained about the contract not being signed. I was told by the representative that it was signed and she would send me a copy. A few days later I recieved a copy of their copy. Somebody had signed my name to the contract! I was stunned.
I immediatedly called the company and was told yes I did sign it and, then they told me the agent who filled out the form doesn't even work for them. I have the carbon copy of the contract with NO signature on the Purchaser line. The copy they sent me has a signature on it. Clearly this is forgery and I believe is a federal offense in the state of Michigan, and even the USA.
The company refuses to acknowledge this happened and insists I owe them the $150.00 early cancellation fee. They are saying that when I talked to person on the phone the day the agent was at my house I was recorded and therefore makes my contract valid.
A forged signature has nothing to do with me being recorded into the agreement. I understand that the recording could be valid. However, all I repeatedly asked of them was to waive the early cancellation fee because of my name being forged.
They will not budge. The represenatives that answer their phones are rude as well. Some will give their name and employee number when asked, and others actually lie and say they don't have numbers. When asking for a supervisor, I am always told they are busy.
I am searching for some legal advice on what actions can be taken against this individual, and/or My Choice Energy for the forgery of my signature on a legal contract.
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