collecting debt meant for something else

[james9546]

Jurisdiction

New York

I signed up for cable this week. I paid for the first months service up front.The installer was suppose to be at my house today to install and never showed up. I called the company and asked what happened. They said I had a previous account and owed a debt from 4 years ago. I said that's not possible but ok I want my money back for the services I just paid for. they said the money was applied to the past due balance. I was never told my money was going towards a debt I was told it was for the first months service. what do I do

 

[army judge]

You can write a letter to their corporate office, explain the circumstances, and request your deposit be refunded.

Their reply will be to deny your request, along with an explanation.

If that fails to satisfy you, your only option is to sue them in small claims court.

You'll probably be less in satisfied when they cross-claim for the past due debt.

This is one of those times when you tip toe around the snoozing Rottweiler, unless you're hankering to get bit.

 

[adjusterjack]

They said I had a previous account and owed a debt from 4 years ago. I said that's not possible

Well, did you ask for documentation of the debt? If not, why not?

I was never told my money was going towards a debt I was told it was for the first months service. what do I do

First thing you do is carefully and thoroughly read the contract you just signed and find a provision that addresses default. Should be similar to the one in your past contract. If it's in the contract you don't have to be "told" because you can read it there.

Even if it's not in the contract, well, they have your money and if it turns out that you really do owe on the past account I suggest you figure out a way to settle up so you can get your new service started. The statute of limitations in NY is 6 years so you can still be sued for the old debt.