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Question about verbal agreements

Date: Wed, 06/04/2008 - 05:28

Submitted by markofkane
on Wed, 06/04/2008 - 05:28

Posts: 182 Credits: [Donate]

Total Replies: 12


Ok, it seems that I've heard here that an agreement is not binding unless it's in writing. (I may have misunderstood)

Here is what happened to me one time:

I was unemployed, living with my parents, and a Telemarketer calls with an offer of free Voice Mail service for 30 days, and I would get a free Walkman Stereo. (he made it sound like it was such a great deal, and he said I would not be charged if I canceled in time) He said cancel before the 30 days were up, so I called them and told them to Cancel it (a week before the month ended) and they told me they will cancel and I won't be charged. I stopped using the service.

Anyway, a month went by and my father gets the phone bill. He was charged $29.99 for the voicemail service. (not the telephone Co's service.)

I called the voice mail service back, and you guessed it: They said they had no record of my call to cancel service. They would not take the charge off, so we contacted the phone company, and told them we refuse to pay that third party. They said they would take it off, and they did. They just said to pay the phone bill minus the $29.99 VM charge.


They did advise me that the voicemail company could try to get a CA after me, so they told me to write them a letter telling them I cannot pay it, and I was disabled, blah, blah blah. They forgave the bill.

But, is a verbal agreement enforceable?


A verbal agreement that meets the requirements of a contract is indeed enforceable. The only problem becomes burden of proof -- unless you can prove what was said, then the judge really has nothing to go by when it's a he-said/she-said situation.

I never cancel anything over the phone for just this reason. I always send any sort of cancellation by certified mail; that way I have proof they received it in case they ever try to say they never got it.

In the least, if I do something over the phone, I always ask for their full name and ID number, and a confirmation number for reference.


lrhall41

Submitted by DebtCruncher on Wed, 06/04/2008 - 05:34

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It varies from state to state. IL for instance is a one party state, meaning that it only requires the consent of one party involved in a phone conversation to record it. (in this case you, or another if they also reside in a one party state) in the cases of most companies they inform that calls may be recorded if it is their practice to keep themselves from being held libel.

If the company calling you is based in a two party state they must inform and gain consent from the other party(s) in which they are speaking to in order to legally record.


lrhall41

Submitted by JCEMT on Wed, 06/04/2008 - 09:15

( Posts: 2934 | Credits: )


Tania, I don't think you can usually stop the services for just a month or two -- especially if you are locked into a contract.

You could probably cancel it completely for those two months; but then you would have to setup new service when you come back, and they might give you a new phone number. But doing that, if you are on a contract, then they will charge an early termination fee; and they may charge an activation fee to setup service again.

You might call customer service and ask them if they can suspend your account for 2 months.


lrhall41

Submitted by DebtCruncher on Thu, 06/05/2008 - 06:51

( Posts: 2293 | Credits: )


DEBTCRUNCHER I HAD TO SEND A CERTIFIED MAIL
TO THIS PEOPLE.THIS ACCOUNT IS IN THE NAME OF MY HUSBAND AND HE IS BLIND.I PUT EVERYTHING IN HIS NAME BECAUSE HE LIKE TO PAY ALL BILLS BUT SOMETIMES PEOPLE DO NOT UNDERSTAND THAT HE IS BLIND AND I'M HIS WIFE FOR 25 YEARS FRIEND.
I HAVE NOT AN CHECKING ACCOUNT WITH MY HUSBAND EITHER.
IF I WRITE AND HE SIGNED MAYBE IS OK.
ANY WAY IS ME THAT PAY ALL BILLS HERE.
MY HUSBAND IS PAYING ONLY HIS CREDIT CARDS
AND I'M HELPING HIM TO PAY IT.
I PUT THE MONEY IN HIS ACCOUNT AND HE PAYS ALL BILLS.HE RECEIVED ONLY 643,00 A MONTH.
(DISABILITY CHECK)
THANKS FOR ALL GREAT INFORMATION HERE.


lrhall41

Submitted by tsacgiv on Thu, 06/05/2008 - 06:55

( Posts: 2106 | Credits: )