Consumer Law, Warranties Breach of Contract? Security System Monitoring Contract

Status
Not open for further replies.

palam001

New Member
Is this a breach of contract? Do I have the right to sue them in small claim court to terminate this contract?

I have a 36 months security system monitoring contract with company ABC. After honoring the contract and continue paying as a good customer for 12 months of $39.99/month to their sub-company XYZ. Sub-company XYZ send me a letter to cancel my monitoring service for no stated reason and said they are no longer monitoring my security system and stated I have to contact my ABC the original contract company for monitoring services. I tried to contact the ABC company for 7 months to ask if who is monitoring my security system with no answer and no phone calls returned. Meanwhile, several alarms have gone off with no monitoring services or contact, so I decided to shut it down. ABC continue to bills me for the services and I refuse to pay because no monitoring services. Meanwhile, I just moved to a new home and sold my old home with the security system still attached. I contacted company ABC to remove or move my system with no answer and ignore calls. I send them a certified letter last month to cancel all agreement because they are not doing their part of monitoring my security system. They respond with a letter saying they have a valid 36 months contract with me and will sent me into collection if I don't pay the full amount. Also stated that I have to give them $299 and sign a new contract for another 3 years in order for them to move my system. Based on their performance in the last 7 months, I will not do that. They are playing hard balls with me and I have contacted the BBB to seek solution, but seem very limited. Should I take them to small claim court and have the contract voided.
So what is my legal remedy?? Please help...All comments welcome.
Paul L. from Brentwood, CA.
 
You don't sue in small claims to terminate or void your contract. You just terminate it. (Or, I guess, don't sign a new one.)

There are two scenarios here in which you or ABC might go to court:
1) You think ABC Company should repay you for the months they provided no (or bad) service;
2) ABC Company thinks they are entitled to collect some money from you, in the event you don't paya them for the full 36 months under the contract.

If you don't want to pay, send them a letter stating that as per your earlier termination letter and due to the complete lack of service over the life of the contract, you are cancelling your service effective immediately. If they sue you, you counterclaim for reimbursement of the money you paid when you didn't get proper service.
 
Status
Not open for further replies.
Back
Top