Comcast Claims Cable modem is theirs
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So I have two Cable modems, one is an old one and one is newer both are tied to the account but only one is active.
They say the old one is mine but the newer one is theirs. I have amazon orders for both of them. I'm trying to remove the newer one as I'm transfering the account to someone else and letting them have the old modem and I'm taking the new one with me..
Problem is Comcast won't let me remove it. They say I must surrender the modem at their customer service center or face a $300 charge for un-returned equipment. So my only option is small claims right? well no. I have no options. Comcast service agreement states you can not sue them for any reason, aside from a class action. And that they have the right to sue you for any reason.
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Can you ask them to give you a copy of the work order where the tech installed the hardware (clearly stating the serial number of the router) that has your signature on it as accepting the work?
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@Jason said:
well no. I have no options. Comcast service agreement states you can not sue them for any reason, aside from a class action. And that they have the right to sue you for any reason.
There is a legal stipulation called bad faith that overrides ANY contract. Using their "you can't sue me" clause to enact outright theft would absolutely be bad faith. You can certainly sue.
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Or can you provide them with the amazon orders that states the serial numbers therefore proving that you ordered them?
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@Jason said:
And that they have the right to sue you for any reason.
This alone is bad faith, I assume, to nearly any judge.
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If you have an Amazon Order number, Payment receipt - gladly turn this over to the office with a photo of the modem. You paid for it, and have thusly proved such. They have no standing to charge you otherwise.
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@lhatsynot said:
Or can you provide them with the amazon orders that states the serial numbers therefore proving that you ordered them?
They said they don't care because it's listed in their system as comcast owned. Yet I've never paid for it monthly or anything. suddenly they think it's there's.
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I'll probably have to turn it over to them (while filming) and the pursue legal action. Otherwise they will send the account to collections for the fees, and possibly even back charge for cable modem rental for 3 years. ($10/month + $300 fee).
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@Jason said:
@lhatsynot said:
Or can you provide them with the amazon orders that states the serial numbers therefore proving that you ordered them?
They said they don't care because it's listed in their system as comcast owned. Yet I've never paid for it monthly or anything. suddenly they think it's there's.
Yup, that's called theft and no "contact" can supersede that. Not how contracts work.
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@Jason said:
I'll probably have to turn it over to them (while filming) and the pursue legal action. Otherwise they will send the account to collections for the fees, and possibly even back charge for cable modem rental for 3 years. ($10/month + $300 fee).
Do not turn it over to them. Don't even talk to them anymore. Just head for small claims court. This is theft, and you have the evidence.
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@travisdh1 said:
@Jason said:
I'll probably have to turn it over to them (while filming) and the pursue legal action. Otherwise they will send the account to collections for the fees, and possibly even back charge for cable modem rental for 3 years. ($10/month + $300 fee).
Do not turn it over to them. Don't even talk to them anymore. Just head for small claims court. This is theft, and you have the evidence.
And with the contract you might even have "premeditated intent to defraud and extort."
