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AT&T demanding payment after discharge

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    AT&T demanding payment after discharge

    I filed chapter 7 bankruptcy 9 years ago, all debt was discharged, including an amount owed to AT&t.

    Yesterday I went into an AT&T store and had them run my credit to set up an account. The account was approved with no deposit. But I didn't open the account right then because the phone I wanted wasn't available until today..

    So today... went to the Apple store to get my phone and open my AT&T account and was told after having to wait for a long time for the rep to get a decision from AT&T that now I couldn't open the account unless I paid the amount that was on my account previously... the amount I had discharged during the bankruptcy.

    I thought this was illegal? They are denying me an account unless I pay the balance from the previous account that was discharged during the bankruptcy. Wouldn't this be an attempt to collect on this debt?

    Thanks for any and all insight into this. I'm hoping to find out what my options are regarding this before contacting my attorney, who I haven't had any relationship with since the bankruptcy. And after 9 years, am probably not considered his client anymore anyway.

    Becky

    #2
    Technically it is but technically it is not. They are basically saying you can 'voluntarily' pay us to open the account but if you don't do so, we cannot open the account. Very very cheeky.

    Stuff like this is the reason I hate that company and included them in the BK.
    My comments are solely based on my opinion. The information and links that I have
    posted are provided solely for informational purposes, and do not constitute legal advice

    Comment


      #3
      It's not illegal for them to deny you an account. They can deny you an account for any reason they want. You don't have a "right" to have an account with AT&T.

      Their demand that you pay "might" be a token violation of the discharge, but you have suffered no damages.

      Comment


        #4
        They are being sneaky about it. Its ridiculous that they are pulling this after so many years.

        I would be like thanks but no thanks. Cannot stand that company actually.
        My comments are solely based on my opinion. The information and links that I have
        posted are provided solely for informational purposes, and do not constitute legal advice

        Comment


          #5
          How much are they asking? Is it an amount that you would consider workable if you could manage to get them to agree to consider it a security deposit or the like rather than a payment on the old account? (i.e. you still have to pay it, but after 12 months they would give it back)

          I would try going back to the AT&T store, and if you continue to have problems ask to speak to the store's manager. Better if you can get the same rep that originally ran you -- they'll want that commission.

          I know credit criteria are different between in-store AT&T and Apple's AT&T screens. I also know in certain cases a store manager can over ride some things. I went with a friend to pick up their iPhone and they were declined at Apple. They went to AT&T and it let them open and activate a line with no deposit.

          There are many different silly things that AT&T can put on accounts and/or approvals that are easily done in the store, but cause Apple's handhelds to spit out declines.

          Good luck, hopefully it can work out how you want.

          Comment


            #6
            If they are considered a Utility Company, they can't do this.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              ALL discharged Creditors can deny you an Account/Services after BK. There are hospitals who will refuse treatment, lab work, & etc. Unless it is an Emergency.

              Lots of research on discharged medical expenses as DH and I are walking medical patients. Dh was hospitalized this past early April. His medical insurance, as of yesterday, is 'Processing Claim'. Last EOB stated out-of-pocket expenses Owed: $1,495.12.

              Will receive Hospital Statement before filing in 9/09. However, only allowed to pay hospital $599.99. This worries Me.

              Luci

              Comment


                #8
                I believe there is a little sneaky workaround for that issue.

                Open a prepaid account, and then after a couple months, convert to a regular account.

                I have read of people applying online with 999-99-9999 as a ssn, getting disqualified for the credit check, offered pre-paid, and then they convert to the regular account with a smallish or no deposit. at least that way you would eventually get the deposit back and not pay a discharged debt.

                I believe I read it on an I-phone forum.

                Comment


                  #9
                  Or just go with T-Mobile.....and put your SIM card in the iPhone (which you can purchase on Craigslist or Ebay). I have an iPhone with T-Mobile service and it works great!
                  Filed Ch. 7 Pro Se: 12/11/08
                  341 Meeting: 1/7/09
                  Trustee's Report of No Distribution: 1/9/09
                  Discharged: 3/10/09

                  Comment


                    #10
                    Hey jen, how much is the data plan with T mobile for the I phone?

                    Comment


                      #11
                      The girl that did the credit check yesterday at the AT&T store told me to come in there this morning to get the account set up. I think had I done that, there wouldn't have been a problem since I had already been approved for an account with no deposit. It's because we went to the Apple store to get the phone, because that's where we had reserved the phone from, that caused the problem. Which shouldn't have been an issue since I had been preapproved, they should have shown the approval, but something somewhere got messed up and the result was we had to put the phone on my husband's account.

                      Just makes me mad that bankruptcy laws say they cannot continue to try to collect this debt, and they do something like this, which in my mind is still an attempt to collect. If I have been told this yesterday, I wouldn't be as ticked about it. But I went and stood in line at the mall for hours only to have to deal with this when I finally got my turn. I guess I'm just glad that we could still get the phone and now we'll just have to figure out how to get it on it's own account.

                      Comment


                        #12
                        Originally posted by bpearce2001 View Post
                        The girl that did the credit check yesterday at the AT&T store told me to come in there this morning to get the account set up. I think had I done that, there wouldn't have been a problem since I had already been approved for an account with no deposit. It's because we went to the Apple store to get the phone, because that's where we had reserved the phone from, that caused the problem. Which shouldn't have been an issue since I had been preapproved, they should have shown the approval, but something somewhere got messed up and the result was we had to put the phone on my husband's account.

                        Just makes me mad that bankruptcy laws say they cannot continue to try to collect this debt, and they do something like this, which in my mind is still an attempt to collect. If I have been told this yesterday, I wouldn't be as ticked about it. But I went and stood in line at the mall for hours only to have to deal with this when I finally got my turn. I guess I'm just glad that we could still get the phone and now we'll just have to figure out how to get it on it's own account.
                        why don't you try going to the ATT store , get a service with a data plan and a crappy free phone, then buy an I-phone , switch the sim card and you should be Golden if you already have a pre approval at the ATT store.

                        Comment


                          #13
                          Cell phones, cable television and satellite television providers are not considered utilities because they are optional not a necessity. Now looking at this from the other side, AT&T is saying that you used the system to not pay us in accord with the contract that you signed with us before... Why should we give you another contract?

                          This is just like if you had a car financed with Ford Credit and then wanted to purchase a new car from Ford... They can deny you the account unless you voluntarily pay the debt.

                          In my opinion, they are not demanding payment or threatening to sue... they are simply saying that unless you handle this old account we aren't willing to give you another account.

                          Good thing AT&T isn't the only game in town... unless of course, you just have to have the iPhone.

                          Comment


                            #14
                            I have the iphone and moved from At&t to Tmobile. But my data plan doesn't work. I can use the internet only with wii-fi or thru my internet at home. I heard that the iphone will be with other carriers besides At&t in 2010.

                            Comment

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