Legal Question in Consumer Law in Michigan
I allowed my cellular provider to withdraw funds from my checking account. As per the agreement they can withdraw up to 3 days before the due date which the 27th of the month. They have been taking the payments 0n the 22nd. The last time they did, it caused me service fees because my account went into the negative. Is this sufficient to cancel the contract? They also have failed to make changes that I have requested.
1 Answer from Attorneys
No, that is not sufficient to cancel a contract - you just said that they are acting within the terms of the contract. You should be able to set a date when your payments are withdrawn, and/or change it to another due date if necessary, depending on when it is convenient for you. Most companies will do this, as they are happy to get their money. I would suggest you do this, and/or stop the autowithdrawals and make your payment online or via mail when you have the funds, to avoid any mishaps like this one. It's your responsibility to have funds in your account when you know the money will be withdrawn, so they have not done anything wrong. Put all requests in writing, especially if you are terminating autowithdrawals, etc., and allow them several weeks to actually process your request.
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