Legal Question in Credit and Debt Law in Virginia
cost concerning a lost or stolen cell phone
My college student son lost his cell phone, which was reported to the carrier. The phone was insured and initially, I was led to believe that there would be no deductible. However, later I was told there is one. I paid costs that were accumulated by someone who found the phone.
Because of the large bill my service was also turned off. In early January, the phone was turned back on and also so was the other phone, although I never bought a replacement
phone. I found out today, that the same party had again been using the phone and now several hundred dollars in costs have been piled up. The connection to my son's phone has again been turned off, how legal is this activity and how can I get out of this mess.
2 Answers from Attorneys
Re: cost concerning a lost or stolen cell phone
Once your son's phone was reported as lost to the phone company, there should have been no subsequent charges to his account.
You should have refused to pay these charges then just as you should refuse to pay the new charges now which have accrued due to the larcenous actions of culprits unknown over which you exercise absolutely no control.
If necessary you should send written notice to the company of your refusal to pay these charges and informing them that unless they carry out the appropriate adjustments and corrections to both your account and your son's account, you will have no alternative but to look for another carrier(which you may in fact have to do).
Re: cost concerning a lost or stolen cell phone
I agree with my colleague. I would go out and
get a new phone with a different company, because
my experience is that you will never get a
bureaucracy like that to listen to reason and
get it straightened out so as to restore phone
service. So I would forget about doing business
with that particular phone company.
Definitely send them written notice saying that
the service was interrupted when the phone was
lost, and that you consider the service
canceled as of that date.
The only trouble is that they will probably
want to add a termination fee.
However, the amount that you paid after the
phone was reported lost should be recovered.
You should go to the clerk of the general
district court and fill out a "Warrant in Debt"
to sue the phone company for the return of this
money. It will cost you about $37.
Once there is legal action, perhaps someone with
more legal experience and common sense will get
involved. Sometimes when you move the case over
to the adults, things will get straightened out.
THe people who try to get money out of you are
not paid to be logical. They are paid to bully
you for money. But the legal division is paid
not to waste money on litigation that is pointless. And so once you move it over into the
realm of litigation, you may have a better chance of getting it straightened out.
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