I am in such a bind. About 3 years ago, (March) I received a phone, and got service from MCI Worlcom Wireless. Well, needless to say, things went downhill from there. First, I never received a bill for at least 4 months. Then, when I DID, it was supposed to be for $29.99/month, it was for at least $200. When I reviewed the bill, it was due to cloned calls.
Someone had, so I had come to learn, cloned my cells and made calls using my "phone". So, I tried, and I tried. Lord KNOWS I tried, to get though to those people, SO many times. At my job, at home, in my car... Wherever I could. Finally, I did, after being put on hold, and transferred so many times.
I explained, they told me to fax them my bill, with the cloned calls circled, and they would review it and get back to me with some kind of credit. They did, but they just told me, "Yes, it's this much $ in credit", but never what it was specifically for. I would have liked someone to have faxed it back, or explained each item of the credit to me, proving I was getting the correct amount.
Since their billing process was already late and off, I was already confused to what my TRUE bill was supposed to be? Then, they told me, they would issue me a new number. They did, BUT, when I went to use it, it was inactive for at least 3 days. After TRYING forEVER to get a hold of someone, AGAIN, they kept telling me, it would be fixed. So, now, I'm going days without a phone. (But still getting charged my monthly service). No returned calls... At least a week now.
I call back, go through the whole hold, what have you, finally they fix it, but NOW, it's constantly on ROAM. From that moment on, mid August don't have the date next to me, I from this date forward, I have no working phone until November when THEY shut it off due to LACK OF PAYMENT.
Why they HECK would I pay them for a phone that I only had functional for three months, and when I did, someone was cloning it, so I never knew what the heck I did owe, cause they didn't bill me during that time ANYWAY.
Well, NOW, I am getting a bill, Feb, for $406.00, for the whole kit and caboodle from a collection agency! I don't think so! They cant even provide me with an itemized statement. They keep saying, "we can settle out at the early termination fee of $200, since you DO owe that". Why? Why should I pay that? They say, it says in the contract, under no matter what kind of circumstances, MCI is not responsible for the early termination of a service.
But, I read in the contract, and I quote, "You shall hold harmless WORLDCOM WIRELESS... Against any and all claims... Failure to use, or inability to use the mobile identification number except where the claims are caused by the negligence or willful misconduct of WORLDOM WIRELESS or the underlying carrier. This indemnity will survive the termination of this contract"
That says to me, that they breached the contract FIRST, by being negligent and not fixing my phone, (I couldn't even dial out), so How was I to pay for a phone service I didn't A, have a correct bill for? And b have a working service for? But they want me to pay for an early termination fee???
I just want to close out the contract and let it go. But I refuse to pay a penny more than I have to. I agreed to pay what I owe for the first 3 months of service that I DID have the phone, but they want this damn termination fee? Is this something I LEGALLY, really have to pay, or can I get away with this breach of contract on their part and the bad billing and unusable service??
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