A ISP failed to pick up their equipment and now they are charging me for it.?

Question

They say I only had five days to return the equipment. Antenna and modem. I mailed the modem and ask they pick up the antenna. They failed to pick up the antenna stating I was not home. The antenna was easily accessible on a pole in my driveway. Now they have turned me over to collections without the 10 day grace period. If I dispute the debt with the collector can they continue collections? What recourse do I have?

I did attempt to return it and they refused it. I offered to take it to them in person. They have acknowledged receipt of the modem.

It did indeed transpire over a couple of weeks. They sent me a bill then immediately turned me over to collections when I told them I would not pay it. It definetly has not been 90 days. I quote
"Please find your invoice attached for a service call fee and a yagi antennae.



On Friday, August 10th I scheduled an appointment with you to have a technician out on Wednesday, August 15th. You called me on Monday, August 13th to verify appointment. When my technician arrived at your house on Wednesday, August 13th no one was home and no equipment was left on the porch. This was a costly service call. "
Understand the antennae is mounted on a pole in my driveway against the house and is readily accessible.
Again I quote "I then sent you an invoice through the mail for the service call and the yagi antennae. In accordance with our user agreement, the equipment was to be returned within 5 days. Since you did not return all the equipment, we have billed you for the equipment not returned. "

"I then sent you an invoice through the mail for the service call and the yagi antennae. In accordance with our user agreement, the equipment was to be returned within 5 days. Since you did not return all the equipment, we have billed you for the equipment not returned.



If we do not receive payment within 10 days of the invoice (8/18/07) we will turn your account over to a collection agency. If we are forced to do this, there will be a $82.41 collection fee added to your account. "
the contract does not grant them the right to refuse the equipment

Answer 1

Have your returned the antenna? Or made arrangements for them to make a second trip to pick it up?

If the antenna hasn't been returned, you can't dispute the debt. You owe it.

Did you send the modem with some kind of return receipt? They could claim they never received that either and you'd have to prove they did.

Answer 2

Cliff, it sounds pretty clear. If your contract with the ISP stated you had 5-days to return the equipment, that is exactly what it means.

Not that they have to come get it. Not that you have a 10-day grace. You assumed a responsibility when you agreed to allow them to place the equipment in your home in the first place.

As far as any potential collection, I think you do have a case if you can prove that you attempted to return the equipment and they refused to accept.

Cliff I have to be square with you on this one. A cable or satellite company is governed by the BOPU (Board of Public Utilities) They cannot by law submit unpaid or uncollected debt to a collection agency until the debt is at least 90-days overdue. When I read your question you give the impression that this whole situation transpires over the course of 10-days. What is the whole story?