Need Legal Help... is this Breach of Contract??

[guyver01]

Hiya!
I would like to know if this would be considered Breach of Contract:

On May 6th, 2001 I signed up for Cellular Service with WorldComm. As of this day, July 29th, 2+ months later, I have not received ANY bill for this service. I am unhappy with WorldComms service and coverage area, and am looking to use this as Breach of Contract so I can terminate the service without any penalties.

Any advice would be greatful!

 

[isekii]

they probably haven't sent you a bill since MCI ( WorldCom Wireless ) has problem with billing.

give them a month or two.. you'll start getting bills every 3 weeks or so... and they send you a crappy letter saying.. they are doing this sh!t to keep your account upto date..

I think they are all F'd up... and I also think they are billing extra... by sending them every 3 weeks...

Nehow.. I'm not quite sure if it'll be a breach of contract.. but i'm sure it is.. since you signed the service.. had it for 2 months... and going back would probably cost you the cost of the phone... not to mention the penalty for breaking the contract..

 

[guyver01]

<< Nehow.. I'm not quite sure if it'll be a breach of contract.. but i'm sure it is.. since you signed the service.. had it for 2 months... and going back would probably cost you the cost of the phone... not to mention the penalty for breaking the contract.. >>



No... i don't mean breach on my end... on WORLDCOM's end.
As a consumer, I have the right to timely billing. If you didn't get your credit card bill for 3 months you would cancel in a heartbeat! Why shouldn't i have the same right. I will not be hit with, and refuse to pay, a 3month bill at once. Its unreasonable billing practices.

 

[guyver01]

<< give them a month or two.. you'll start getting bills every 3 weeks or so... and they send you a crappy letter saying.. they are doing this sh!t to keep your account upto date..
>>



I have given them 3 months! And i haven't gotten any letters or anything. Not even a &quot;welcome&quot; package that usually comes when you sign up for service. This is unreasonable.

 

[TallBill]

I see your point but i dont think it will work.. im no lawyer tho, so who knows

 

[CollegeGuy]

This isn't a breech of contract unless there is a provision in the contract you signed that specifically says WorldCom is liable to send you a bill on time every month. They probably have your address screwed up, or something like that.

You should have contacted them as soon as you realized they didn't send you your first bill. Law is interpreted in terms of what a reasonable person would do or think. In this case, a reasonable person would have noticed that something was wrong and contacted the company (or so it seems, I'm not an expert in this area -- this is just what I learned in a Business Law class).

As far as I understand things this is how it goes -- but like I said -- I'm not an expert.

 

[Nevo]

<< Hiya!
I would like to know if this would be considered Breach of Contract:

On May 6th, 2001 I signed up for Cellular Service with WorldComm. As of this day, July 29th, 2+ months later, I have not received ANY bill for this service. I am unhappy with WorldComms service and coverage area, and am looking to use this as Breach of Contract so I can terminate the service without any penalties.

Any advice would be greatful! >>



Read the contract you signed. Does it say they have to send you a bill?

Something tells me they're not bound to send you a bill, but you're still bound to pay it.

 

[guyver01]

<<
Read the contract you signed. Does it say they have to send you a bill?

Something tells me they're not bound to send you a bill, but you're still bound to pay it. >>



The only mention in the contract is that I am required to pay the invoice within a few days of receipt. Since I haven't received it... i dont have to pay it.

But still... this stinks. I'm gonna call Customer Service tomorrow and see if i can get out of my contract because of this.

 

[AndrewR]

Generally, if you complain enough, you can get yourself out of a contract with a big provider like that. If you can point to specific problems with their service which shows a distinct departure from normal cellular service, then you have a claim in that regard. However, there is likely a huge disclaimer about &quot;perfect service&quot; in your contract. But, if you signed up with the expectation that you would be able to use the phone in South Bumblesnicker, Mississippi, and you cannot -- that's a whole different can of worms (especially if someone told you that the phone would work in South Bumblesnicker -- that's a happening place!).

 

[kaiotes]

ask them wuts up, if they don't do crap, i'd take them to small claims court.