AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question Hi Timmy, I recently changed cell phone service over from t-mobile to cingular because I was having many problems with my service. I accepted a new phone wtih them which extended my contract for 2 more years, and as soon as I got the new phone my service was imediately not working. i.e. dropped calls, bad network connection, fuzzy calls, etc. After hours of lengthy phonecalls with customer service, and trouble shooting with tech support, they were not willing to send a new phone, or negoitate on the contract. (Since I was only having problems with the new phone). I then switched my service to Cingular, and now getting a letter from t-mobile saying that it is my final notice to pay $289.00. Another issue was , in Dec. I paid my bill on-line and was charged 4 times by mistake!This resulted in overdraft charges at my bank and a big inconvenience.
How can I get out of this contract and without hours of conversation with customer service reps, and supervisors and no resolution. Thank you for your help.
Sincerely,
Laura
Answer Thank you for your question.
Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement. The case you describe here is unfortunately very typical. I am not a lawyer, nor can I mediate your dispute with just you alone but I can respond to your question from my business consulting experience. Note that this issue will almost certainly develop legal implications and you should consult an attorney.
You will likely get the best results by dealing with the company in writing rather than talking endlessly with people who cannot or will not solve your problem. You have signed a contract and you can expect that the company will do their best to get you to pay. You can only take a stand an keep asserting your claim and try to get them to back down--and you might have to fight them for quite awhile.
First, send a certified letter to them documenting your problem and demand a cancellation. Be sure you DO NOT use the phone. If they persist in trying to collect from you, or if they send you to a collection company, here's your next step. A certifed letter to the collector saying:
1. That you dispute this collection.
2. That the company cease and desist from collection contacts and calls until they can show why you should pay for a service you cannot use.
3. That the company company comply with the provisions of the Fair Debt Collection Practices Act.
4. That any notation or entry on your credit file will not be acceptable and will generate a complaint to your state's consumer protection office.
5. That you will grant the collector ten business days to either produce justification for the bill or you will consider the matter closed and any further attempt to harass or intimidate you will not be tolerated.
Mail this certified, copy your state's consumer protection office, your attorney (if you have one), and the Federal Trade Commission. Be sure to have the copied groups listed at the end of your letter so the collection agency knows you are serious about your threats.
If anyone calls you, do not engage them on the subject of the debt, but ask them for their name, the name of their supervisor, and then ask them if they are aware that you have disputed the debt and that they have just violated the FDCPA by contacting you. This is the only thing to talk about with them, if you want to talk at all.
You may likely be able to get rid of this problem. Be sure and double check your credit file to make sure you were not dinged. Be sure to document all your letters and calls so you have a clear record of the case.
These are some ideas. Feel free to follow up with additional questions.
For your information, the pros and cons of the types of dispute resolution methods follows.
GOOD LUCK!
Arbitration, Mediation, and Litigation
Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system
Benefits of Arbitration:
Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships
Negatives of Arbitration
It's a compromise, no %100 winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process
Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.
Benefits of Mediation:
Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions
Negatives of Mediation
may not reach a binding decision
unskilled mediator
Litigation: using the judicial system to resolve disputes
Benefits of litigation:
a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final
Negatives of Litigation:
waiting for court dates can do more harm
usually more expensive than mediation and arbitration
part of the public record
