billege

Okey-dokey, here's where I'm at:

My wife and I don't have a landline phone. When we lived in Michigan, up to this past March, Nextel was rock solid service. We always had dependable service, just about everywhere we went. The exceptions being out in the middle of nowhere, which one expects.

Now we live in Hilliard OH, and the phones suck. Just before we moved, we added national long distance to our plans, which of course hung us for another year with Nextel. At the time, we didn't mind at all.
Down here the phones are practically non-functional.
I can't make dependable calls from work, I can't even get service at work. People around me on Sprints, Verizon, etc. seem to do well. I can't make dependable calls from home. I can depend two things: I will drop the call, and at one point I will hear the other party, but they will not hear me. Then I'll drop the call.
We've gotten used to the fact that if our phone keeps the call for 10 minutes, we've gotten lucky. This is like having a cell 5 years ago! It's not funny.
Basically, where we live and work, Hilliard, West Jefferson, Worthington, the freeways inbetween, we practically can't use our phones.

My wife and I both have reasonably new Nextel phones, both in good repair. Both are affected the same ways, so I really don't think it's our phones' fault.

I've complained to Nextel several times. I got back the canned "We try to provide the best service possible in Metro areas, however in rural areas service may be spotty....blah...blah..."

I am irked by this. If where I live is rural, I think they need to check a dictionary. We live less than 10-15 minutes from downtown Columbus. If we hit I70 from our house, all of 2 miles down the road, you can SEE downtown! There is no way we are rural. What Nextel is telling me is: too bad, soo sad.

What I am really trying to find out, is what do I have to do (if it's even possible) to get out of these contracts without paying them $200 for failing to provide service.

If the service was merely spotty, I'd understand; it's a cell, it's not perfect. But this is beyond reasonable. The phones do not work! I've been tempted to keep a log of what happens on every call I make. I was thinking that maybe I'd be able to show that the phone's service is less than reasonable. But, I have no idea who I could talk to at Nextel that would care.

They all know thier service sucks, thus the contracts, but I can't believe it's legal to enforce a contract for a service that is not being provided.
The only reason I'm not willing to sue to get out of this, is that it'll be cheaper to pay Nextel $400 for the both of us, than to retain legal services.

If anyone out there has ever worked for a cell company, especially Nextel, and can help me out, I'd appreciate it.

wonderwench

I have no idea how to legally terminate the contact - but I do suggest keeping a log of all of the times that the phone service is not working. As a consumer, you have a right to a reasonable service level. If it is not accessible, you are not receiving that for which you are paying.

My personal approach would be to keep the log for a month then cancel the service and refuse to pay any cancellation fees. I would write a letter to the CEO, copying each level of management that gave me grief about the cancellation fees.

dnd

whats the worst that can happen if you don't pay? i doubt they'll really start legal preceedings if u stop paying and ignore notices. Depends how much risk you want to take, i don't think its illegal to stop paying in complaint to a service which you aren't receiving to a expectable standard, and it will mean they will call you so no waiting on hold to speak to someone! i did it in england and it worked...bad service, stop paying...they called me asked why i had cancelled my direct debit prematurely and they proceeded to claim they were gonna start legal preceedings...nothing come of it over a year now. Its not worth their hassle...

but i don't guarentee anything! so don't sue me if they sue u!
good luck

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Averett

I'm in the same boat with Verizon. They've basically told me "Well, theres service in the area, I don't know what the problem is and there's nothing we can do for you."

Awesome customer service, lemmie tell ya

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Cynthetiq

check with local BBB for complaints and also your local PUC.

Check to see that their service levels aren't really up to par with other providers.

Contact your local politicians and let them know your lack of choice due to contracts. (they may not do anything now about it but will "remember" hopefully when its time to deal with telephone lobbyists)

good luck

Other than that.. you grin and bear it.

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Averett

I've gotten AT&T now. Works perfectly.

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MooseMan3000

They send your account to a collections office, and you never get a loan again for the rest of your life until you pay not only the $400, but also any interest that's accumulated on it, as well as any other fees that might be in the contract for unexpected termination. That's what could happen.


Unfortunately, a contract IS a contract. You signed it knowing that you were moving, and you still agreed to have it for another year. Part of the contract says that the service is not guaranteed to work flawlessly. Since it *does* work (I didn't say work well), you don't really have any choice but to either keep it or pay the money.

You can't return a cup of coffee because it got cold when you took it home with you. :/

wonderwench

Yes, a contract is a contract - but if the service is defective, the buyer should not be forced to pay for an inferior product. This is why I would log the service problems. Documenting the times service is unavailable should help with building a case for cancellation without penalty.

mikec

thank you. heh, I laughed when I read dnd's response.

I'm not sure how things work overseas, but in the states if you don't pay it goes on your credit report, which is viewed by anyone who is going to give you a loan/cell phone/service of any kind in the future. If you have enough bad shit on your credit report, you can be forced to pre-pay x amount of months, or denied completely.

and if the company ever decides to take legal action and have a judgement against you, your credit score goes right in the dumper and you can forget getting a loan/credit card ever. not to mention your wages will be garnished and you'll have to pay anyway.

all that said, I'm sorry your cell service is shit billege. it's just not right. cell phone service as a whole is soo wrong. it makes me mad knowing how much of a cash cow it is for the companies, when people like you and me are dropping calls every damn day.

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Averett

Well, I just bitched enough to have the service canceled and given a 2 month credit. So overall I'm out about $80. Which is better than paying $50 a month for the next year for a service that doesn't work.

I highly recommend a cell phone service with GSM, for what it's worth.

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MSD

After 3 months, your credit rating will drop 50 points.


I'm sorry, but there's no way out of it. Verizon has refused to waive the early-termination fee on an account of someone who died. These companies can provide shit service because there's nobody else to go to. You can't win. The only option is to go to court, which will cost more in legal fees and lost wages than athe fee itself.

losthellhound

Wow. I remeber when I worked for Rogers AT&T Wireless having cases like this. Not only is what they are doing morally wrong adn generally disgusting, its also not even possible. How are they going to drop the credit rating of someone who has passed away? Unless someone else ALSO signed the contract with them

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mikec

that is some bulllllllllllllllllllshit! cell phone companies suck major ass.

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aurigus

How is that possible? Who is going to pay the bill? They can't assign the bill to a family member if they didn't sign the contract.

Anyway, The reason cell phone companies do this is 2 fold

1. They get to keep you on even if you hate the service and want to change.

2. Because when you get a phone from the cell phone company they give you a reduced rate on the phone for signing up for a year. Otherwise it would be a few hundred dollars for the phone. So, in a way they are just covering their butt from a financial standpoint.

But, a contract is a contract. Unless there is an "out" then you are stuck.

But, if you are paying $80 a month for cell phone service; it is probably worth paying the termination fee because you make it up in 3 months.

Redlemon

Some services (Cingular is one) allow you to change your plan to a new one in the middle of your contract. It might be cost-effective to switch to a really cheap plan, if you can't cancel it.

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RAGEAngel9

For the person who died thing...
The point was the guys wife took over his estate as is common. Verizon just started giving her the bills. It sucks, because I think they were legally allowed to, despite it being horrible behavior.

neekap

redlemon: The way Verizon gets around that is when you change your plan, you get sucked into another 1 or 2 year agreement, so it may be cheaper riding out the contract or paying the early termination fee, whichever is cheaper.

A few years ago I had Sprint and the day before my contract ended I couldn't cancel without paying the fee. I called back the following day and they explained I'd still have to pay the 13th month's service (I was in a 12 month contract.) So after about a 20 minute conversation with both the CSR and his supervisor I was able to be done with them once and for all without paying anything more.

punx1325

I've always found bitching customer service day in and day out will eventually get them to change their mind because they are sick of you. AT&T charged me hundreds of dollars for roaming fees, where I didn't roam. I argued with them for 3 hrs until they changed it. A month later my contract ended and I switched to Cingular, and I have been overly impressed with reception and customer service. Cingular always out does themselves and makes me really happy! All I can say is COMPLAIN! COMPLAIN! COMPLAIN!

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raeanna74

Yes Complain. If one person "can't" help you then ask to talk to their supervisor. Perseverance can be rewarded. If nothing else they might be willing to alter their fees, especially if you have kept a record of the service. Then also you can complain to the BBB and any other consumer protection agency you can find. Make enough noise and they will do SOMETHING to appease you. Write letters. LOTS of them complaining about the terrible service. BAD rap from a customer damaged their business much more than any good word of mouth. They've got to do SOMETHING to appease the customers so that they don't get quite so much bad advertizing.

I've dealt with AT&T on a deal where they failed to provide service. In the end they dropped some of the charges and lowered the others by 2/3rds. I'm still sick of their customer service because getting all that finalized actually took me a couple years dealing with them and their letters back and forth. I actually refused to pay, sent them a letter with an explanation, as well as called repeatedly. It costs for them to report to the credit agencies so if they can get the money without it they will. Plus you can always clear it off your credit report by paying things. You can also send an explanation to the credit agencies explaining your reasons for not paying and that you are still debating the charges with the company. They will at least put an explanatory note on your credit report saying that it's in the process of being resolved.

In the end - don't give up. Complain - Constantly. Maybe too if you call their customer service, ask for the name of the representative that you start talking with and use your cell phone. When the service cuts out on you then call back, ask for the same person and remind them who you are, what your complaint is, and how this was prime example. Keep doing it until they do something for you. Maybe they'll get sick of being bugged.

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Xepidemic

http://www.ucan.org/

there is a lot of info there that might help you out. one time sprint changed their contract on me by charging a new fee and i was able to get out of my contract without any ETF.

soccerchamp76

Just complain enough. My dad has shit service with Sprint and they were being assholes about it. They said it was his phone that was the reason but yet they couldn't fix it and were not willing to do anything about it. He called customer service a ton and bitched enough where they let him out of the contract.

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denim

I don't see the problem. If they drop the credit rating of a dead guy, will he care?

Antikarma

As someone cursed with selling cell phones, I know that up here the concept is more the company's interpretation of "defective service". Meaning, you may not be able to make a call, but if the company says you should be able to, you better keep paying those bills.

I can't speak for other companies, but I gotta say I've never worked in an industry where a company could give less of a sh*t about its customers.

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DDDDave

Tell them you like your phone and all but you just moved (got transferred) to Port Charlotte, FL. There are no working Nextel cell towers there so you want out of your contract.

Seriously, I know two peolpe who have done it and the cell companies said OK. Of course, those people did actually live in Pt. Charlotte, but it would be worth a try.

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unoaman

I hate em all. My former wife took out a two year contract with Cingular, then left the country, leaving me 18 months to pay on it. I didn't have a leg to stand on as far as getting out of the contract, so I mailed them a check every month. I even went so far as to try to change the plan (way to many minutes for me), but they wouldn't hear of it. When the last payment was due, I went to their office, and said I was making the final payment, and that I wanted paperwork from them stating I was finished with the obligation. While the lady was getting my file, I wrote out the last check, and placed it on the counter. She turned around, looked at the check and said "We don't take checks". I told her I had been mailing a check every month for a year and a half. She said mailing them was fine, but they didn't take them there at the office. I happened to have enough cash with me to make the payment, so swallowed my pride, and counted out the money. After she had given me my paperwork, I asked her if she wanted the phone back. She stated that it was mine, and could use it to sign up for another plan at an even cheaper rate. I told her it was broken and wouldn't work, so that was out. When she asked to examine it, I slammed it down on the tile floor as hard as I could. Well, let me tell you it was broken then! I told her they should provide better equipment for their customers, and walked out the door. Stupid? Probably, but worth the loss in the good feeling it gave me.

Akira

I wouldn't have the nerve to bandage up my own foot after that. You have balls of steel to do that.

Rawb

Offtopic: Just so you know, Cingular and AT&T Wireless are the same company, merged about six months back.

Ontopic: I was reading this thread to see if there was anything I could do to get out of a cell contract. I'm really happy with T-Mobile's service, but I want to make it so that my girlfriend (of 3.5yrs)'s cell phone bill is just another "line" on my cell plan, and not a whole different account that comes in at full price.

omega2K4

Just get one of those "pay-as-you-go" phone plans.

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TopRamen66

Was that meant for Clavus' thread?

ForgottenKnight

Cell phone companies all suck! I don't know how you can get out of a contract, but I would do as others have said and complain again and again, and when one person can't help me, I'd complain to their supervisor, and his supervisor and so on. Keep a written record of all calls dropped, when, and where, as well as where you recieve no service, plus a record of who you complained to and when. All of that is proof that they're failing to provide you with the service you're paying for, and will hold up in the court of law if things go that far.
As far as the dead guy's bill goes, whoever inherites the estate also inherites the debt. So the family of the dead guy is forced to pay off his bills by selling his estate. It's horribly wrong practices on the part of the phone company though, and I would complain and fight it out with them until they allowed a cancelation without any charges.

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xepherys

You could, in theory, start a civil claims suit (small claims suit) against them in a court and file for an injunction against their collection efforts. During this time, however, you would not be legally allowed to use the phones at all. If you win, you contract can be cancelled without harm. If you lose, you're just back in the same boat (and out the filing fee, which is not too much in most areas). If you have any friends/family that are attorneys, you could have them draft a legal complaint and send it to NexTel legal. They may be more willing to drop the $200 contract rather than try to pull you through the mud. Lastly, comb through your contract. Check for ANY clause that might get you an out. Some states have different protections in place which would be required, by law, to be noted in the contract. If the contract was signed in MI, it may not be included... go to a local NexTel dealer and look over a contract there.

Lastly, perhaps you could go to a store that sells multiple phone services. They may have an out for you if you sign up through another service through them. I suggest T-Mobile as an alternative service... I've used them throughout MI, OH, IN, IL and WI without any problems (save spotty crap in the wilderness).

analog

Cellular contracts are pretty much airtight unless they did something themselves which breaches it... which they don't realyl do... ever. I work for one of the companies we're all talking about, but not the one in question. If you complain long and loud enough, you MAY find a person who is willing to cancel it for you- you DO seem to have a legitimate complaint about it. What you should NOT do is lie. They keep records of the calls you make to their customer service, and if you said one thing in the past, they may know it if you say something else now.

Sidenote: Nextel is a bunch of bitches anyway. Good luck on that.

pan6467

Billege,

As someone who lives in Ohio I can offer this advice and it does work. Since you live in the Cols. area it'll be really easy for you.

Call the state Atty. Gen. consumer affairs line and tell them of your problem. There is also the BBB. Both will truly listen to your claim and the Atty. Gen. if you can document your bad service will definately set up a mediation. If Nextel doesn't show you win. If they show and say they provide bad service, you win. It'll get you out of your contract.

One thing good about Ohio is the Consumer Affairs dept. by the Atty. gen. is great. I have used them and they take care of things to make sure your rights are protected. It's free and from the way you talk, the contract should not be enforceable because they are not providing the service to the standards of the contract.

The only thing that might hurt you is if you signed the contract in Michigan, but I wouldn't worry about it.

Call the Atty. gen. just tell them you don't mind fulfilling the contract but the service is unreliable and the company refuses to respond to your complaints.

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