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Paper contract or electronic contract Business Debt, Collections

Discussion in 'Other Debt, Collection, Garnishment' started by Dd14, Jan 31, 2017.

  1. Dd14

    Dd14 Law Topic Starter Guest

    Jurisdiction:
    Oregon
    So I have a contract with Xfinity/ Comcast. My paper contract is incomplete and totally wrong. So I am going to go and try and cancel my service. But I was just curious could they pull the legal contract up and go off of that, or is my paper contract what really matters?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Obviously, they could do that but I'm confused about "pull the legal contract up" as opposed to your paper contract.

    Please explain the distinction and why you believe that two contracts exist.
     
  3. army judge

    army judge Super Moderator

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    If you possess what you believe to be a valid written contract, and the other party possesses another contract (it doesn't matter in which form the other contract appears), you can first discuss the matter with the other party.

    If you wish to dispute the contract such that you claim the contract held by the other party breaches the intent of the contract you believe is valid, you can start by discussing your claim with the other party.

    If the other party disbelieves you, you'll have to seek a remedy before a court of competent jurisdiction.

    In your case, that might not be small claims.

    I suggest you work with the other party to reach a compromise, otherwise you'll be unable to cancel the contract.

    Make it easy on yourself, visit any nearby office, ask to speak with the manager, and you'll probably get your wish.
    Do otherwise, and you'll be told you're wrong, or we can't do that.
     
  4. Dd14

    Dd14 New Member

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    I worded that wrong i apologize but i meant i have a paper contract and a electronic contract. So if they are different from one another will the paper over rule the electronic. Because the lady who filled out my paper one did a incomplete job.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Depends.

    Please explain how that happened, the dates each contract was signed by you and whether either of the contracts expressly superseded the other one.

    In other words, we are probably not going to five you a definitive answer if we can't read both.
     
  6. army judge

    army judge Super Moderator

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    Having a red one and a blue one could mean you have no contract.

    A contract must contain two elements to be legally valid and binding:

    1 = All parties must be in agreement (after an offer has been made by one party and accepted by the other).

    2 = Something of value must be exchanged -- cash, services, or goods (or a promise to exchange such an item) -- for something of value.

    The essential elements of any Contract are:

    an offer, an acceptance, competent parties who possess the legal capacity to contract, lawful subject matter, mutuality of agreement, consideration, mutuality of obligation, and, if required by the Statute of Frauds (for real estate transaction, as an example), a writing (as in reduced to writing, not left to oral expression).

    What you describe is two distinct contracts agreeing to two different outcomes or items of exchange.

    Thus, you might not have a valid contract, if two contracts speak to different ends.

    As suggested previously, start by discussing both contracts in person with a manager before your are bound by one of the contracts.

    If you wish to cancel, work to ensure that you can, rather than wait and hope for that outcome.
     

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