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LegalSeeker (other)     21 March 2012

Urgent :: notice from collection agency

Hello,

I had a data card and the speed was very pathetic. The company's claim of at least 1MBPS speed was not honored and I was literally getting anywhere from 0KBPS to 100KBPS speed. After multiple calls to customer service, they send in engineers who confirmed hte issue is with the Tower in my area. After that I reached out through phone and emails asking for a resolution adn until the issue is resovled, I will not be paying any bills or using their service. After multiple emails back and forth, they deactivated my service and my initial investment in the device is lost. Then came teh collection agency calls and after multiple emails again, it stopped. Now they have sent me what looks like a legal notice and asked me to come and start a discussion on this. At this point, even though the amount is small and I can pay it, I think as a consumer, I am entitled for justice and bring the company's practices to law. Can I appraoch the court with a lawyer and file a complaint for their lack of service and continual billing and torture through phone?

 

thanks,

LegalSeeker



Learning

 5 Replies

Kumar Doab (FIN)     21 March 2012

Probably the company is calling you for arbitration on the matter; however you may show the notice to a lawyer. It may or may not be notice for arbitration.

You should insist for the certified copy of the engineers report. Ideally company should provide copy of the report to consumer. If the company is unwilling you may record (audio/visual) transactions with engineer and let engineer state that dates of his visit and his report.

If it is a telecom company it may seek refuge in SC judgment to confuse the consumer court.

It shall be better if you can resolve the matter by company tendering a written apology for deficient service and you agreeing to pay a reasonable amount. However everything should be documented properly under original seal and signature by hand of the competent employee of the company on its letterhead.

Record the meeting (audio/visual) and take a witness. You are within your rights to take your lawyer with you.

1 Like

LegalSeeker (other)     21 March 2012

thanks for your immediate response. Appreciate it deeply. I have all the email correspondence with the company and also the date and name of the call center rep. I think I should be able to ask the company to produce the call logs and recordings. Is this something that the company can deny?

Kumar Doab (FIN)     21 March 2012

You have posted"I think I should be able to ask the company to produce the call logs and recordings."

You may raise your demand. Company may not provide these easily.

1 Like

LegalSeeker (other)     21 March 2012

Can the company deny the information (Call logs etc.,) even if go through the court?


I just became aware that the notice that was sent to me did not come in as a certified mail or courier. No one has signed the document. It just lists couple attorney's names and when I searched those attorneys on the net, I can't find them.

I mean to say, I am not sure if the document is even a valid notice and if the attorney names listed are even for real. The notice is asking me to come to a place to sort out the issue, which tells me it is more an arbitration than anything else and says it is being sent on behalf of Reliance company.

Is it a tactic that the collection agencies go through?

Kumar Doab (FIN)     21 March 2012

You have posted:

-"No one has signed the document. It just lists couple attorney's names". "Notice that was sent to me did not come in as a certified mail or courier."

Company can contend that it is computer generated statement and does not require signature, and that company has lost money in your a/c and shall produce the document, as on file.

-"Can the company deny the information (Call logs etc.,) even if go through the court?"

Court can order. Are you aware and sure of law on -for how long voice recording is to be maintained by company?

Kindly show the notice to your lawyer and act as per your lawyer's advice. You can also appoint your arbitrator and invite the company for arbitration or discussion to sort out the matter at your lawyer's office.

Please proceed as per your lawyer's advice.

 


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