Need help resolve problem with cable company

[idknow]

Greetings all.

Since last December I've had a billing problem with my cable internet provider; I've had questions about the amount of the bill, when the amount was apparently reduced, when the cost of the service was reduced, and how much I actually owed.

In December I began asking questions of the customer service department but was not given ANY satisfactory answers. They said they would send a listing of all account activity, for which I waited three weeks after informing them that my payment would be delayed (I asked that a note be made in the account file) and in late January I sent a twenty FRN money order to the local store in a near-by town for partial payment. On the back-side of the order I (paraphrasing) wrote that the money-order was for any outstanding balance;

and next to my signature I wrote "all rights reserved".

A week later, the money order was returned to me with a hand-written note on a post-it paper saying that the money order was refused because it wasn't a full payment.

I was stunned.

Then in early February that bill arrived, and I prepared a 40 FRN money-order with my signature and "all rights reserved" and on the back-side, for full payment for balance of account. I sent both orders to them together, now 60 FRN's in toto.

The next week, I recieved both from the store, again with post-it notes with hand-written, also unsigned, undated saying that the orders were refused.

At this point I'm flabbergasted and wondering why the people at the store think they have the authority to reject and refuse payments, even partial payments!!!

So, after these events, a general letter from the Company arrives ostensibly from the regional vice president officed up near Boston, and I think this is a Godly boon to me because I can write him a letter of frustration!

I did just that - it was one page of brief, polite and exact language expressing my bewilderment and stunned wonder at the actions of the people at the local store; and I asked him for help resolving the problems. At the time of mailing to the VP, I resent the money-orders to a different location for acceptance.

Apparently he forwarded the letter or talked to a company System Manager, who sent me a letter dated 2006 February 16; shock of shocks, she signed manually in ink!!! heh

Her letter briefly states what the problem was:

1. my reservations on both orders;
2. the writings on the back of the orders.

A few days ago I recieved the March bill. *NO* money order has been applied to my account as of the billing date.

At this point I have no idea where the orders are; I havent recieved any communication regarding them.

Now, what i'm thinking of doing is writing a letter to the systems manager and explaining just a couple of points regarding the legal significance of what I wrote and the legal consequences of recieving my tender of money-order but their refusal to deposit them and apply them to the balance on my acocount.

Guys, this is for my internet connection, so something needs to be written quickly.


What say you all?

and thanks for your helps

Just a suggestion... send them frn's instead of a document that has suspicious writings upon it.

Jerry.

[Livefire]

Seems that systems manager understands things quite well. Please check out the link I posted....its from the DuPage County, IL Bar Assn dealing with teaching business clients conerning "accord and satisfaction" under the UCC. That is what you attempted and according to the code and court they do have the right to refuse your tender if their is no dispute over the amount owed.

http://www.dcba.org/brief/febissue/2006/art10206.htm

The fourth and final requirement, as codified at subsection (d), is that the check must be "accepted." In this context, a check is clearly "accepted" if it is processed for payment. It is insufficient for the creditor to object to the final settlement language and cash the check. "The creditor must either accept the payment with the condition or refuse it, and it makes no difference that the creditor protests or states that he does not accept the amount proffered in full satisfaction. Under these conditions, a creditor has no right to cash the check and thereby obtain the benefit of such an offer without its accompanying burden of compromise

Not trying to bust yer chops idknow, but they are acting within their rights to refuse your tender. You offered a contract and they didnt wanna bite! Seems to me there would have to be a good faith dispute on your part before you would have any kind of leg to stand on. If they provided you with satisfactory service, you need to remember the workman is worth of his hire.

[masterduke]

Mail the payment to them minus the "special" notations. Confirm with them prior to sending it that a partial payment is acceptable. Bill pay at the corner arab liquor store is fine as long as your not trying to be creative or doing something out of the ordianary. As for the dough you have already sent, you may have lost that (just as I did to Law Research group for a workbook [$49.95] I ordered with a dvd set, got the dvd but no book, and can't get a reply back either!) and may have to eat it. Which sucks, but such is life sometimes.

[idknow]

Originally Posted by Livefire

Seems that systems manager understands things quite well. Please check out the link I posted....its from the DuPage County, IL Bar Assn dealing with teaching business clients conerning "accord and satisfaction" under the UCC. That is what you attempted and according to the code and court they do have the right to refuse your tender if their is no dispute over the amount owed.

http://www.dcba.org/brief/febissue/2006/art10206.htm

The fourth and final requirement, as codified at subsection (d), is that the check must be "accepted." In this context, a check is clearly "accepted" if it is processed for payment. It is insufficient for the creditor to object to the final settlement language and cash the check. "The creditor must either accept the payment with the condition or refuse it, and it makes no difference that the creditor protests or states that he does not accept the amount proffered in full satisfaction. Under these conditions, a creditor has no right to cash the check and thereby obtain the benefit of such an offer without its accompanying burden of compromise

Not trying to bust yer chops idknow, but they are acting within their rights to refuse your tender. You offered a contract and they didnt wanna bite! Seems to me there would have to be a good faith dispute on your part before you would have any kind of leg to stand on. If they provided you with satisfactory service, you need to remember the workman is worth of his hire.

Actually, my novation on the reverse was a plain tactical error, but since they haven't deposited the money-orders, they should have returned them to me immediately; However, my reservation was absolutely correct and they really shouldnt have any beef with it.

When I write to the manager I will apologise for the mistake of writing the novation but I will also mention that the money-orders have not been returned nor deposited, and that my reservation is my right to assert.

Please continue with the criticism and comments.

[idknow]

Originally Posted by idknow

Actually, my novation on the reverse was a plain tactical error, but since they haven't deposited the money-orders, they should have returned them to me immediately; However, my reservation was absolutely correct and they really shouldnt have any beef with it.

When I write to the manager I will apologise for the mistake of writing the novation but I will also mention that the money-orders have not been returned nor deposited, and that my reservation is my right to assert.

Please continue with the criticism and comments.

Ok, I called the system manager (of collections) on the phone and introduced myself. We had a pleasant chat about the situation/dispute regarding what I wrote above.

I apologised for not contacting her sooner; and for writing the novation on the back-side of the money-order but I explained to her what "all rights reserved" means.

She said that the legal department told her that the "all rights reserved" means "it's a note of full payment for less than what is on the account".

so, Her mis-comprehension is because of the liars and twisters working for the company; I briefly explained that it is a plain statement that implies nothing else outside of what the phrase means.

She asked that when I send future payments that I not sign it with the reservation.

Then I offered to provide her with court quotes explaining what the phrase means. She readily accepted.

Overall, it was a pleasant 5 minute chat.

Oh, the company never recieved my two money-orders when I last mailed them, so now I'll call the company that backs them to see what their status is - deposited or not.

Please do continue your criticisms and comments here on this thread - we're not done yet.

And thanks for your comments above.

btw, does anyone have 2 or 3 cites regarding court explanation of the reservation?

perhaps you'll be faster than me googling for them

Excellent posturing Idknow.

Jerry