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"Post-Bankruptcy Charge" On My Cell Phone Bill

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    #16
    I filed in June and Verizon hasn't sent me a txt or added some random fee.
    Last edited by Cali; 08-16-2008, 06:59 AM.

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      #17
      I just found out some further information on this VZ Wireless cell phone bill situation that I have.

      I looked at the "Creditor Matrix" for my Chapter 13 filing on PACER. Verizon Wireless is listed. I did not list them as a creditor. My attorney pulled his own copy of my credit report early in the process and it must have included every entity that I conduct business with, regardless of status.

      In another thread stimulated by this one, somebody posted a copy of the standard Verizon Wireless agreement (I discarded mine years ago). There is some language in there which states that Verizon has the right to cancel or change the contract under certain circumstances, and one of the circumstances is if the subscriber goes bankrupt.

      Bottom line: Verizon Wireless can do whatever they want. I can do whatever is necessary. I just haven't figured out what that is - yet.

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        #18
        I just can't let this go, this is crap. Just makes me so angry!! As if BK isn't painful and expensive enough, they say, "let's kick the little guy while they're down!"

        Between the online agreement and my paper copy (my paper copy said NOTHING about BK), this was ALL I found under the agreement:

        WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE including, but not limited to: (i) if you: (a) breach this agreement; (b) pay late more than once in any 12 months; (c) incur charges larger than a required deposit or billing limit even if we haven’t yet billed the charges); (d) provide credit information we can’t verify; (e) become insolvent or go bankrupt; (f) lie to us; (g) allow anyone to tamper with your phone; or (ii) if you, any user of your phone or any authorized contact on your account: (a) threatens or commits violence against our representatives; (b) uses vulgar and/or inappropriate language toward our representatives; (c) steals from us; (d) harasses our representatives; (e) interferes with our operations; (f) "spams," or engages in other abusive messaging or calling; (g) modifies your phone from its manufacturer’s specifications; or (h) uses the service in a way that adversely affects our network or other customers. We can also temporarily limit your service for any operational or governmental reason. If you file for bankruptcy, our rights to limit, suspend or end your service or any agreement with you will be governed by bankruptcy law.

        It also says that they have to notify you of any additional fees that may occur on your account. So it says nothing about it being OK to double bill you, or charge you some crazy fee (without your knowledge first). Just that it's ok for them to terminate the account early if BK occurs.

        They pull this on me and I am so taking advantage of their Right to End Service for billing crazy fees and not notifying you.
        FILED!: August 11, 2008 * Pre-Filing Fico Score - 643 * 341: October 8, 2008 * Last Day for Objections: December 7, 2008
        "Those who cannot remember the past are condemned to repeat it." -George Santayana

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          #19
          Originally posted by ccgirl View Post
          I wonder if there is a difference in ch 13 v ch 7 with this. I am ch 13 and I don't think I was charged anything, but I will go back and look. On another note with Verizon....a few weeks ago my dh went there to look at new phones because his got wet. They had our account on the screen. Well, someone else came up to pay on their account and the worker paid it on our account. When I got my bill I called and they said there was nothing that could be done...I got lucky! Well, it saved me $45.90 LOL I feel bad for the other person when they get their bill and wonder why they have a double payment and late fees.
          What is going on with a lot of creditors and it appears utilities is that they are protecting themselves more and more as to folks going under with this economy - this appears to be something new in Verizon contracts. It is probably appearing in other phone carriers but how many of us actually read all the fine print in the numerous papers we receive when opening any account - that is something everyone should start doing before signing.

          ccgirl - what happened as to the mixed up payment made to your account instead of the other person, Verizon apparently ate it since it was their error and credited the other persons account. You are lucky they left the credited payment made in error to your account on your account. You can bet the other person made a stink over it when they got your bill just as you called when you got yours. All they have to do is compare the time of the credited payment given by the actual account holder and where it went. They must have had a really inexperienced or busy sales person or clerk in the store in order for something like that to occur.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #20
            Originally posted by kornellred View Post
            I just found out some further information on this VZ Wireless cell phone bill situation that I have.

            I looked at the "Creditor Matrix" for my Chapter 13 filing on PACER. Verizon Wireless is listed. I did not list them as a creditor. My attorney pulled his own copy of my credit report early in the process and it must have included every entity that I conduct business with, regardless of status.

            In another thread stimulated by this one, somebody posted a copy of the standard Verizon Wireless agreement (I discarded mine years ago). There is some language in there which states that Verizon has the right to cancel or change the contract under certain circumstances, and one of the circumstances is if the subscriber goes bankrupt.

            Bottom line: Verizon Wireless can do whatever they want. I can do whatever is necessary. I just haven't figured out what that is - yet.

            Kornellred, if I were you, I would call verizon up and tell them if they don't remove those charges, you will use your right to cancel your contract early without an early termination fee. In their contract, they do state that if they make any changes to your account, that you have this right. The thing is, they never sent you info about charging this fee, so I wonder if it is even legal for them to do this?

            Comment


              #21
              Originally posted by timetosave View Post
              Kornellred, if I were you, I would call verizon up and tell them if they don't remove those charges, you will use your right to cancel your contract early without an early termination fee. In their contract, they do state that if they make any changes to your account, that you have this right. The thing is, they never sent you info about charging this fee, so I wonder if it is even legal for them to do this?
              They may have sent a notice but as most of us do not read those little small print enclosures that come with our bills, it may have been tossed by the OP. What is clear from this entire thread is that all of us need to be more aware and proactive as to accounts that stay open through a BK or new accounts open after a BK as to wording in the contract. While there is a ton of fine print, it is always in the lender's favor and since many of us do not take the time to read what's in there, we just accept the credit/card/loan for what it is and then get "stunned" when something like this occurs.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment

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