Legal Question in Credit and Debt Law in California
collection on cancelled contract
Jan. 2003 I signed a contract w/ an auth. dealer of ADT. I soon realized they were incompetant and cancelled within 72 hours by regular mail. The contract states:
''To cancel this contract mail or deliver a signed copy of this cancellation notice or any other written notice''
I did just that.The cancellation was honored by ADT and I was billed a small amt for their time which I paid.Almost a yr has passed w/ no more cantact.
11 mos later the auth. dealer is BK(no surprise. A collection agy is calling me for entire amt of the 2 yr contract plus int.,about 2 grand. Thier rep says they know that I cancelled but insist that since I did not send it cert. mail the cancellation is illegal. Why should I be accountable to do something the contract doesn't require? It doesn't mention certified mail.
I offered to send them a scanned copy of the cancellation letter and envelope.(I buy stamps online.The date is posted on the envelope when printed out and I scan this type of thing.) Nope, They want the $$$
They are threatening the usual: lien on my home, lawsuit, reporting to credit agy's etc.
I followed the letter of the contract and ADT doesn't want a dime from me(I talked to them) how can they do this? Do they have a case?
1 Answer from Attorneys
Re: collection on cancelled contract
No! The sure can be a pain in the ass, though. It appears that they intend to. Your best bet is to defend any lawsuit brought by them, and to fully disclose your defense, even before that. You might then, ask the judge for sanctions, if they continue to pursue their claim. Otherwise, you will have the satisfaction of prevailing in a legal case.
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