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Validation letter to cable company (unreturned cable box)

Date: Sat, 12/15/2007 - 12:05

Submitted by DebtCruncher
on Sat, 12/15/2007 - 12:05

Posts: 2293 Credits: [Donate]

Total Replies: 12


A couple years ago my dad moved, and cancelled his cable service with Comcast. They told him he needed to drop off his cable box at some return center, to which he told them "If you want it, you can come pick it up, but I won't go out of my way to drop it off..."

When he moved, he took the box with him, and after two years he finally threw it away. Ironically, a week after he tossed it, he got a collection letter saying Comcast wanted $150 for non-returned equipment.

There are already broad/generic validation letters on this board, but I like to make more specific letters. I will post the letter I made, which could make a good version if your cable co ever sends you to collections over the cable box:

[quote]
(date)

CREDIT PROTECTION ASSOC LP
13355 NOEL RD, STE 2100
DALLAS, TX 75240-6837

[right:4c05927ac3]Account #
XXXXXXXXXXXXXXXXXXX

Your File No XXXXXXXXXX
[/right:4c05927ac3]


[justify:4c05927ac3]To Whom It May Concern:

I am in receipt of your letter dated (date) which alleges a balance owed to Comcast for “1 non-returned piece(s) of equipment valued at $150.00.”

To wit, I have no knowledge of the matter. Please be advised that I hereby dispute the validity of such claim. Pursuant to the Fair Debt Collection Practices Act, specifically 15 U.S.C. § 1692g, I request that you obtain and provide verification of the debt. Namely, you should be able to provide:

1) A work order from Comcast bearing A) the model # and serial # of the cable box in question, B) the date such cable box was installed in my premises, C) the name and signature of the technician who claims to have installed the cable box, and D) my signature and acknowledgment after having received the cable box.

2) An agreement, signed by me, evidencing A) my obligation to return said cable box after it came into my possession; B) that it was not a gift, promotion, or other enticement to enter into contract; and C) the conditions under which the cable box was required to be returned. Such agreement should also define ‘default’ for the breech of which Comcast can elect remedy; the agreement should also define those remedies in the case of election.

3) A sworn statement or affidavit from Comcast, absent any affirmative defenses, and signed by a representative who has original knowledge of the Agreement who can testify that its allegation as set forth are true and correct. Such statement should outline all events leading to the default that required the cable box to be returned, will state the Maker’s obligation upon default, and will make specific mention of Comcast’s intent to enforce default remedies.

4) An appraisal, taking depreciation and residual value into measure, which would valuate said cable box to be worth $150 on the fair market.

These items should not seem unreasonable, for Comcast would have to provide these documents in order to prove beyond a preponderance of the evidence if this matter ever were to proceed to a court trial. Upon presentment of the aforementioned items, I will reconsider my position on your claim.

Seeing as that you are organized in the State of Texas as a Domestic Limited Partnership, you should be familiar with Title 5 of the Texas Finance Code; specifically § 392.202 as it applies to disputed debts. You will know that both the Texas Finance Code and the Federal fdcpa require you to cease collection activities until you verify the accuracy of this debt. Your failure to provide the above-requested information shall be deemed as your inability to verify the debt.

You should also know that FTC staff interpretations of the FDCPA consider negative credit reporting to be a form of collection activity (Letter to Commercial Financial Services, Inc., by John F. LeFevre, Federal Trade Commission, 12/23/1997). Your reporting of this account to any credit bureau, including Teletrack, prior to verification of the debt will be construed as unauthorized collection activity, and shall constitute separate violations of Federal and State law. In that event, I would have no choice but to seek redress for your willful violations, which may include both statutory and punitive damages.[/justify:4c05927ac3]

Sincerely,

(Your Name)[/quote]

Revise as you see fit.


I know that where I live our cable contract says we have to return the box or pay a penalty.

Requesting a work order is very reasonable as well as the agreement. The sworn statement/affidavit is a little over the top and I am not sure they can/will provide that. As for the apprasial it that should appear in the agreement where it states that you would have to pay for the box if it is unreturned.


lrhall41

Submitted by FYI on Sat, 12/15/2007 - 12:44

( Posts: 1950 | Credits: )


Our cable company has this big ole list of "you are responsible if" stuff when you get cable.

We had an electrical storm and blew out all our boxes. The cable Company said we were responsible and that they cost over a thousand dollars each :shock: I threw a big fit in the office about it and ended up with new boses and no charges-probably wanted me out of their office :lol: karen


lrhall41

Submitted by Bossy4455 on Sun, 12/16/2007 - 08:53

( Posts: 5854 | Credits: )


Wow, now that's a lot Karen! Good thing you got them to reverse it.

I don't doubt that Comcast has all that fine print, just that they have to prove it.

Before my dad cancelled his service, he was having problems with cable & internet being out. So Comcast sent 2 'subcontracted' service guys (they didn't actually work for Comcast). The guys were flat-out thugs; my dad said while one guy was playing with wires outside, the other guy was scoping out the house - looking in all the rooms, opening up closets, just going in places he had no business in. So my dad told them to leave. Then they started giving my dad some attitude and wouldn't go, my dad felt threatened and pulled out his gun and made them go. Then he cancelled his service.

I just want to read in the fine print where customer is required to drive 30 mins away to drop off a box.


lrhall41

Submitted by DebtCruncher on Sun, 12/16/2007 - 09:07

( Posts: 2293 | Credits: )


[quote=Bossy4455]Our cable company has this big ole list of "you are responsible if" stuff when you get cable.

We had an electrical storm and blew out all our boxes. The cable Company said we were responsible and that they cost over a thousand dollars each I threw a big fit in the office about it and ended up with new boses and no charges-probably wanted me out of their office karen[/quote]


If they did not either provide you with a surge suppressor for that box, or tell you [in writing] that you needed to get one for it, then they're SOL. They probably had several boxes blown during that storm, and were looking to pass the buck to the consumer. And here's another info-bit for ya: those boxes don't cost no thousand bucks each, either.


lrhall41

Submitted by unclewulf on Sun, 12/16/2007 - 11:25

( Posts: 3172 | Credits: )


[quote=DebtCruncher]Wow, now that's a lot Karen! Good thing you got them to reverse it.

I don't doubt that Comcast has all that fine print, just that they have to prove it.

Before my dad cancelled his service, he was having problems with cable & internet being out. So Comcast sent 2 'subcontracted' service guys (they didn't actually work for Comcast). The guys were flat-out thugs; my dad said while one guy was playing with wires outside, the other guy was scoping out the house - looking in all the rooms, opening up closets, just going in places he had no business in. So my dad told them to leave. Then they started giving my dad some attitude and wouldn't go, my dad felt threatened and pulled out his gun and made them go. Then he cancelled his service.

I just want to read in the fine print where customer is required to drive 30 mins away to drop off a box.[/quote]


Comcast has expanded so fast lately that they've been hiring/contracting with just about anybody that can fog a mirror. At least in the Northeast. Ever since they bought out Adelphia, it's been just nuts. And lots of these new guys don't know anything. You're generally better served to call tech support and let them talk you through fixing it yourself.

And as for your dad, the way I see it, he was perfectly within his rights to do what he did. Those guys are probably lucky they left when they did.


lrhall41

Submitted by unclewulf on Sun, 12/16/2007 - 11:34

( Posts: 3172 | Credits: )


I am sorry to say that you will probably have to end up paying them. I had a primestar account YEARS ago and when I stopped the service "I" had to return the box. Which was 40 miles away from me. So I did return the box and they were so busy that they ended up writing down the wrong numbers from the box on my paper. So then 2 years go by and I get something from a CA telling me I owe $350 for a non-returned box. So I sent them a copy of the paper I got and thats when I found out the numbers were wrong. They told me too bad, that I could have returned some one elses box and I ended up paying for the box I DID return. Your lucky it's only $150. I do know that with my cable company the nearest office is 50 miles away and if they are not in the area you are required to drive to return the equipment. Good luck on this.


lrhall41

Submitted by puddlejmpr on Mon, 12/17/2007 - 06:46

( Posts: 1634 | Credits: )


Hurricane Rita cost me a washer,me rebuilding a dryer,computer power supply which eventually lead to a new computer,and a dishwasher. On my computer I had a online ups battery and a surge protector.Did it not one bit of good. :lol: They don't make anything that can succeed in preventing mother nature completely. :lol:


lrhall41

Submitted by cajunbulldog on Mon, 12/17/2007 - 07:11

( Posts: 4850 | Credits: )