Cancel without paying ETF due to living and working in a d..

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I am curious to know if Cingular will let those customers who live and
work in a dead spot out of their contracts without having to pay the
ETF. I receive no signal in my apartment complex or if I do get a
signal, my phone drops the call within a few minutes. This is quite
frustrating when working with customers. I have spoken to several
CSR's and Cingular is aware of my area being a known dead spot, but
they don't seem to eager to correct it. Does anyone have any
feedback?
 
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"Ghost Dog" <hankcg@yahoo.com> wrote in message
news:1357f96d.0404261553.4a021c5@posting.google.com...
> I am curious to know if Cingular will let those customers who live and
> work in a dead spot out of their contracts without having to pay the
> ETF. I receive no signal in my apartment complex or if I do get a
> signal, my phone drops the call within a few minutes. This is quite
> frustrating when working with customers. I have spoken to several
> CSR's and Cingular is aware of my area being a known dead spot, but
> they don't seem to eager to correct it. Does anyone have any
> feedback?

I doubt they will, and legally they don't have to. It's not a matter of the
phone/service being unusable. It is a matter of you not getting service in
that particular place, which is covered in their terms. That is the reason
for the trial period. If you find the service unsuitable, you can return the
phone during that period with no ETF. Unless you used to get service with
them there, and now don't, I would think it would be a weak case. But you
might be able to. I was getting disgusted with Cingular back around
November. After finally getting in touch with the right person, they offered
to cancel with no ETF, even though I was still in contract on one of my two
lines. I wish I remembered the guys name, but I do not. Just keep asking up
the ladder when you make the call. There is no legal reason they have to,
but if you get in touch with the right person, who knows.
 
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In article <1357f96d.0404261553.4a021c5@posting.google.com>,
hankcg@yahoo.com (Ghost Dog) wrote:

> I am curious to know if Cingular will let those customers who live and
> work in a dead spot out of their contracts without having to pay the
> ETF. I receive no signal in my apartment complex or if I do get a
> signal, my phone drops the call within a few minutes. This is quite
> frustrating when working with customers. I have spoken to several
> CSR's and Cingular is aware of my area being a known dead spot, but
> they don't seem to eager to correct it. Does anyone have any
> feedback?

Don't ask to bet let out of contract. Demand it. Basic common law, a
cell phone sold to you must be fit for purpose. if you can't use it,
they can't charge you. If they refuse, write to your State's Attorney
General, with Certified copy to HQ in Atlanta.
 
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In article <mrijc.9531$7a5.9085@bignews6.bellsouth.net>,
"Jason Cothran" <reply@board.nomail> wrote:

> I doubt they will, and legally they don't have to. It's not a matter of the
> phone/service being unusable. It is a matter of you not getting service in
> that particular place, which is covered in their terms.

The Contract is a legal wish list, which they hope you will blindly
believe. DON'T.


Don't ask to bet let out of contract. Demand it. Basic common law, a
cell phone sold to you must be fit for purpose. if you can't use it,
they can't charge you. If they refuse, write to your State's Attorney
General, with Certified copy to HQ in Atlanta.
 
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"Robert M." <rmarkoff@msn.com> wrote in message
news:rmarkoff-36C6D3.21002126042004@news05.east.earthlink.net...
> In article <mrijc.9531$7a5.9085@bignews6.bellsouth.net>,
..
>
> The Contract is a legal wish list, which they hope you will blindly
> believe. DON'T.
>
>
> Don't ask to bet let out of contract. Demand it. Basic common law, a
> cell phone sold to you must be fit for purpose. if you can't use it,
> they can't charge you. If they refuse, write to your State's Attorney
> General, with Certified copy to HQ in Atlanta.

Basic common law also requires you to repay any loan you sign a promissory
note on. Unless he paid full retail for the phone, he IS bound to that
contract. The only other way around it would be if Cingular changed
something on their end since the contract was instated. The State's attorney
General would have quite a laugh at that letter.
 

Jer

Distinguished
Jan 12, 2004
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Archived from groups: alt.cellular.cingular (More info?)

Ghost Dog wrote:

> I am curious to know if Cingular will let those customers who live and
> work in a dead spot out of their contracts without having to pay the
> ETF. I receive no signal in my apartment complex or if I do get a
> signal, my phone drops the call within a few minutes. This is quite
> frustrating when working with customers. I have spoken to several
> CSR's and Cingular is aware of my area being a known dead spot, but
> they don't seem to eager to correct it. Does anyone have any
> feedback?

Oh boy, it's a good thing you're not depending on wireless service for
calling 911 in the middle of the night. This is what some of us call
"stewed, screwed, and tattooed".

--
jer email reply - I am not a 'ten' ICQ = 35253273
"All that we do is touched with ocean, yet we remain on the shore of
what we know." -- Richard Wilbur
 

Jer

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Jason Cothran wrote:

> The only other way around it would be if Cingular changed
> something on their end since the contract was instated.

Nah, no wireless carrier changes anything - they have standards to
adhere to. All cell sites are permanently anchored and are incapable of
moving around. All antennas are also permanently anchored in place -
they never move either. <giggle>


--
jer email reply - I am not a 'ten' ICQ = 35253273
"All that we do is touched with ocean, yet we remain on the shore of
what we know." -- Richard Wilbur
 
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"Robert M." <rmarkoff@msn.com> wrote in message news:<rmarkoff-36C6D3.21002126042004@news05.east.earthlink.net>...

> > I doubt they will, and legally they don't have to. It's not a matter of the
> > phone/service being unusable. It is a matter of you not getting service in
> > that particular place, which is covered in their terms.
>
> The Contract is a legal wish list, which they hope you will blindly
> believe. DON'T.


While some of the contract terms are likely to fall apart in court,
your tireless rant about "fit for purpose" isn't a catch-all for every
situation.

In the OP's case, his phone doesn't work in his apartment . Now if it
USED to work there then coverage changed so it stopped working there,
the OP has a case (the standard contract "coverage not guaranteed"
clause notwithstanding!) However, you'd have a very hard time
convincing a judge (or arbitrator) that you never got around to
checking coverage at home during the 14-30 day trials offered by the
wireless company. Not cancelling during the trial period pretty much
admits you accepted the service as it performed at that point.

> Don't ask to bet let out of contract. Demand it.

Go ahead. Just don't be surprised if Cingular doesn't ask for an EFT,
but instead DEMANDS it.

> Basic common law, a
> cell phone sold to you must be fit for purpose. if you can't use it,
> they can't charge you.

Fit for WHAT purpose? It's a MOBILE telephone. It's a phone, and
it's mobile. By definition, it's "fit for purpose". It doesn't work
in his APARTMENT- not the city at large. If his LANDLINE phone
doesn't work in his apartment, that's not "fit for purpose!"

> If they refuse, write to your State's Attorney
> General, with Certified copy to HQ in Atlanta.

Now, if you are suggesting the OP makes enough of a nuisance of
himself that Cingular will let him out just to get rid of him, that
may work, but stop wrapping it in this righteous "fit for purpose"
bulls**t. The OP has no legal (or moral) grounds for severing his
contract without penalty unless the service quality at his home has
changed materially since his service began, and nothing in his
original post indicated that's the case.
 
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In article <qOrjc.85934$UC4.27353@bignews2.bellsouth.net>,
"Jason Cothran" <reply@board.nomail> wrote:

>
> "Robert M." <rmarkoff@msn.com> wrote in message
> news:rmarkoff-36C6D3.21002126042004@news05.east.earthlink.net...
> > In article <mrijc.9531$7a5.9085@bignews6.bellsouth.net>,
> .
> >
> > The Contract is a legal wish list, which they hope you will blindly
> > believe. DON'T.
> >
> >
> > Don't ask to bet let out of contract. Demand it. Basic common law, a
> > cell phone sold to you must be fit for purpose. if you can't use it,
> > they can't charge you. If they refuse, write to your State's Attorney
> > General, with Certified copy to HQ in Atlanta.
>
> Basic common law also requires you to repay any loan you sign a promissory
> note on. Unless he paid full retail for the phone, he IS bound to that
> contract. The only other way around it would be if Cingular changed
> something on their end since the contract was instated. The State's attorney
> General would have quite a laugh at that letter.

No, there have been ample posts from folks thatget out of their contract
by doing just what I suggested. Of course they need to return the phone.
 

Eric

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rmarkoff@msn.com (Robert M.) wrote:
<<No, there have been ample posts from folks thatget out of their
contract by doing just what I suggested. Of course they need to return
the phone.>>

Oh really? You, having never been a Cingular customer, know first hand
of how to get a Cingular customer out of their Cingular contract? You
are quite amazing.
 
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"Robert M." <rmarkoff@msn.com> wrote in message
news:rmarkoff-1BFC5D.08223527042004@news05.east.earthlink.net...
> In article <qOrjc.85934$UC4.27353@bignews2.bellsouth.net>,
> "Jason Cothran" <reply@board.nomail> wrote:
>
> >
> > "Robert M." <rmarkoff@msn.com> wrote in message
> > news:rmarkoff-36C6D3.21002126042004@news05.east.earthlink.net...
> > > In article <mrijc.9531$7a5.9085@bignews6.bellsouth.net>,
> > .
> > >
> > > The Contract is a legal wish list, which they hope you will blindly
> > > believe. DON'T.
> > >
> > >
> > > Don't ask to bet let out of contract. Demand it. Basic common law, a
> > > cell phone sold to you must be fit for purpose. if you can't use it,
> > > they can't charge you. If they refuse, write to your State's Attorney
> > > General, with Certified copy to HQ in Atlanta.
> >
> > Basic common law also requires you to repay any loan you sign a
promissory
> > note on. Unless he paid full retail for the phone, he IS bound to that
> > contract. The only other way around it would be if Cingular changed
> > something on their end since the contract was instated. The State's
attorney
> > General would have quite a laugh at that letter.
>
> No, there have been ample posts from folks thatget out of their contract
> by doing just what I suggested. Of course they need to return the phone.

It is by the carriers choice, not legal requirement.
 
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In article <c6loba$rea@library2.airnews.net>, Jer <gdunn@airmail.ten>
wrote:

> Jason Cothran wrote:
>
> > The only other way around it would be if Cingular changed
> > something on their end since the contract was instated.



>
> Nah, no wireless carrier changes anything - they have standards to
> adhere to. All cell sites are permanently anchored and are incapable of
> moving around. All antennas are also permanently anchored in place -
> they never move either. <giggle>



Nice try. Things change.
 
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>Nah, no wireless carrier changes anything - they have standards to
>adhere to. All cell sites are permanently anchored and are incapable of
>moving around. All antennas are also permanently anchored in place -
>they never move either.

Actually they do have cell sites that "move around" as you put it. They are
called COW's (Cells on wheels). They are used for special events, to get
service to an area that is in need while a new site is built and for emergency
site replacement if a site is damaged by something like lightning or tornado or
hurricane.

But in general your statement is true.

--
John S.
e-mail responses to - john at kiana dot net
 
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Archived from groups: alt.cellular.cingular (More info?)

Well, the thing is, I called customer care and was told that they were
expanding the network and the service would improve, well that has not
happened. And it has gotten worse, even after sending a software upgrade to
my phone. Also, my phone displays cingular extend in my home area.

"John S." <sexyexotiche@aol.comspamfree> wrote in message
news:20040427104906.13347.00000428@mb-m06.aol.com...
> >Nah, no wireless carrier changes anything - they have standards to
> >adhere to. All cell sites are permanently anchored and are incapable of
> >moving around. All antennas are also permanently anchored in place -
> >they never move either.
>
> Actually they do have cell sites that "move around" as you put it. They
are
> called COW's (Cells on wheels). They are used for special events, to get
> service to an area that is in need while a new site is built and for
emergency
> site replacement if a site is damaged by something like lightning or
tornado or
> hurricane.
>
> But in general your statement is true.
>
> --
> John S.
> e-mail responses to - john at kiana dot net
 
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Archived from groups: alt.cellular.cingular (More info?)

>Oh really? You, having never been a Cingular customer, know first hand
>of how to get a Cingular customer out of their Cingular contract? You
>are quite amazing.

Why do you continue to banter with the prick. If none of us ever responds to
his trash, puts him and his many iterations in our kill files, maybe he will go
away.

I have him in my kill file but continue to see his drivel because of all the
replies to the guy by those of you who continue to banty about with him!

--
John S.
e-mail responses to - john at kiana dot net
 
G

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In article <20040427105409.13347.00000429@mb-m06.aol.com>,
sexyexotiche@aol.com (John S.) wrote:

> >Oh really? You, having never been a Cingular customer, know first hand
> >of how to get a Cingular customer out of their Cingular contract? You
> >are quite amazing.
>
> Why do you continue to banter with the prick. If none of us ever responds to
> his trash, puts him and his many iterations in our kill files, maybe he will
> go
> away.
>
> I have him in my kill file but continue to see his drivel because of all the
> replies to the guy by those of you who continue to banty about with him!

You want someone to get ripped off by Cingular fine, but your pre-teen
insults are uncalled for. But then you always use childish insults
against anyone you disagree with.
 
G

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In article <20040427104906.13347.00000428@mb-m06.aol.com>,
sexyexotiche@aol.com (John S.) wrote:

> >Nah, no wireless carrier changes anything - they have standards to
> >adhere to. All cell sites are permanently anchored and are incapable of
> >moving around. All antennas are also permanently anchored in place -
> >they never move either.
>
> Actually they do have cell sites that "move around" as you put it.

Thank you for agreeing with me.
 
G

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In article <-sqdnfyw8fZ-5xPdRVn-uw@comcast.com>,
"H.C." <Invalid@replyviausenet.net> wrote:

> Well, the thing is, I called customer care and was told that they were
> expanding the network and the service would improve, well that has not
> happened. And it has gotten worse, even after sending a software upgrade to
> my phone. Also, my phone displays cingular extend in my home area.

They will always try to get you to stay by saying, "the network is being
improved", whether it is true (or as is usually the case) not.
 
G

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In article <de37a2e0.0404271045.2dc81b53@posting.google.com>,
elecconnec@aol.com (Todd Allcock) wrote:

> "Robert M." <rmarkoff@msn.com> wrote in message
> news:<rmarkoff-36C6D3.21002126042004@news05.east.earthlink.net>...
>
> > > I doubt they will, and legally they don't have to. It's not a matter of
> > > the
> > > phone/service being unusable. It is a matter of you not getting service
> > > in
> > > that particular place, which is covered in their terms.
> >
> > The Contract is a legal wish list, which they hope you will blindly
> > believe. DON'T.
>
>
> While some of the contract terms are likely to fall apart in court,
> your tireless rant about "fit for purpose" isn't a catch-all for every
> situation.

No, but it applies if you have no service for your phone.
 
G

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Archived from groups: alt.cellular.cingular (More info?)

Well, it used to work. I'm not talking about inside my apartment, but, the
parking lot, and within a square mile of this area. I spoke to Customer
care about the situation and I was told that my area is rated low to medium
for GSM coverage. So I'm saying they are not providing the service that I
am paying for. That's all.
"Todd Allcock" <elecconnec@aol.com> wrote in message
news:de37a2e0.0404271045.2dc81b53@posting.google.com...
> "Robert M." <rmarkoff@msn.com> wrote in message
news:<rmarkoff-36C6D3.21002126042004@news05.east.earthlink.net>...
>
> > > I doubt they will, and legally they don't have to. It's not a matter
of the
> > > phone/service being unusable. It is a matter of you not getting
service in
> > > that particular place, which is covered in their terms.
> >
> > The Contract is a legal wish list, which they hope you will blindly
> > believe. DON'T.
>
>
> While some of the contract terms are likely to fall apart in court,
> your tireless rant about "fit for purpose" isn't a catch-all for every
> situation.
>
> In the OP's case, his phone doesn't work in his apartment . Now if it
> USED to work there then coverage changed so it stopped working there,
> the OP has a case (the standard contract "coverage not guaranteed"
> clause notwithstanding!) However, you'd have a very hard time
> convincing a judge (or arbitrator) that you never got around to
> checking coverage at home during the 14-30 day trials offered by the
> wireless company. Not cancelling during the trial period pretty much
> admits you accepted the service as it performed at that point.
>
> > Don't ask to bet let out of contract. Demand it.
>
> Go ahead. Just don't be surprised if Cingular doesn't ask for an EFT,
> but instead DEMANDS it.
>
> > Basic common law, a
> > cell phone sold to you must be fit for purpose. if you can't use it,
> > they can't charge you.
>
> Fit for WHAT purpose? It's a MOBILE telephone. It's a phone, and
> it's mobile. By definition, it's "fit for purpose". It doesn't work
> in his APARTMENT- not the city at large. If his LANDLINE phone
> doesn't work in his apartment, that's not "fit for purpose!"
>
> > If they refuse, write to your State's Attorney
> > General, with Certified copy to HQ in Atlanta.
>
> Now, if you are suggesting the OP makes enough of a nuisance of
> himself that Cingular will let him out just to get rid of him, that
> may work, but stop wrapping it in this righteous "fit for purpose"
> bulls**t. The OP has no legal (or moral) grounds for severing his
> contract without penalty unless the service quality at his home has
> changed materially since his service began, and nothing in his
> original post indicated that's the case.
 

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