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Is a contract with a cell phone retailer that has gone out of business still legally binding?

Jul 24, 2006 by CS | Posted in Law & Ethics

I was with a cell phone retail gathering providing Cingular Wireless a year ago. I had only been with this company for about three weeks when they ceased profession. I cancelled that plan with Cingular and opened a new account. Now, one year after the fact, the old attendance charged me termination fees in which it stated i was bound too in the contract.

My question is: Can a band that has ceased to do business still bind old customers to the contract. If so, is there a fair and reasonable stretch in which the company must seek charges (i.e. it took this company 9 months after the account was officially closed).

Thanks.
The ensemble was an authorized retailer of Cingular products. Cingular cancelled the account for me and never mentioned any repurcussions I may get through the old undertake.

This retail company ceased all business within the U.S.. They only have an e-mail address in which they can be reached and no phone reckon. Please see this site: http://www.pcsdivision.com and let me know if this clarifies the situation.

Thanks.
I will explicate a bit more. The fight is not with Cingular. The problem arose when the authorized retailer jumped ship and closed all stores. I had a phone refractory and went to the mall and discovered that this company no longer had any retail stores. The Theatre troupe is trying to charge me $760 as a "chargeback" fee because of the benefit (promotional payment they collect for new customer) they lost when I closed out this account within the 180 day time period. However, Cingular assisted me in closing this account due to the creation of the circumstances.

Is a contract not a two-way agreement? If the company no longer exists and is not providing me the benefits that I am due then do I have a normal to seek another company to assist me in those benefits. Of course they are going to lose a promotional sake if they cease to work with their customer. Also of note, no mail or correspondence was given to me as to their closing. I found out through other sources.

After reading the further dirt you provided, the most useful thing I can say is that the answer to your question can be found in the language of your contract.

First, does anything in your roll oneself say that that the retailer can collect a "chargeback fee" if you cancel your account within 180 days? If not, then I can see no use one's head why you should pay it.

If the contract does allow such a "chargeback fee," then the next question is does the condense require the retailer to do anything for you after you receive your phone (i.e. provide service, etc.)? If so, then you may have a good argument that their successful out of business entitled you to recind any contract you might have had with the retailer. If all the contract required the retailer to do was to set up an account with Cingular, then you may be exposed for the chargeback fee.

It all depends on the language of the contract.

what to do if my cell phone retailer doesn't keep the promise?

Jan 09, 2007 by churo10 | Posted in Cell Phones & Plans

He offered me a $35 rake-off p/phone (I activate 3 phones, total $105) for activation. He said, if T-mobile, don't take out the charges, he give the wealth. But now, he is playing his game telling me I have to wait to T-mobile take the charges, but I call T-mobile, and they said I have to paid the aggregate, because it is not an offer of T-mobile, it's a retailer offer, so I have to deal w/the retailer.

if you have it in longhand what the retailer told you then you can fax or mail a copy of that in to t-mobile customer service and they can get the adjustment honored. Theres has been problems with hypocritical retailers in this aspect you need to talk with a supervisor..... (btw I'm a former t-mobile character service employee) word of advice in the future get everything the retailer tells you in writing they are SALES people and business on comm., and unfortuanltely its the customer service people who have to deal with the ramifications. That's the percipience anytime you can provide information like this to a supervisor it can help that way those dishonest sales people can be stopped.

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