Cell phone rendered useless, carrier changing terms

[zzdodge]

Since 1991, I have used a particular cell carrier, under a promotion called "Digital Unlimited". When I first signed up, the promotion was to get coverage for as long as I wanted, with unlimited coverage, at $xx/mo. I've paid my bills, and the agreement has served me well, until now.

It seems that that carrier had an employee who inadvertently disconnected my cell phone. That caused a string of events to happen:

1. The phone would not reconnect (older, non GPS technology phone)
2. The carrier forwarded calls to the disconnected phone to another account I had with them, while they tried to "reconnect" the phone.
3. After a bit over a month, they informed me that there was nothing they could do. If I wanted to buy a new phone through them, I would have to enter into a 2 year agreement, and switch to a newer plan (which would effectively double my monthly costs).

So when all the promises of "we'll take care of this" fell though, I sent a letter to the carrier. I asked them to pay for new equipment, since they had rendered my old equipment unusable. I also asked them to fix the bill, and not charge me for service I couldn't use.

They replied that they would only give me a credit of 50% of the new equipment price, unless I had receipts for my old equipment.

It's also pretty clear that they want me off this cheaper "unlimited" plan.

At this point, I want the bills adjusted, and cash for a replacement phone. Pricing out a replacement phone, it comes out to about $800, to have similar accessories to what I had prior to this "mishap". Then I will walk.

So I'm considering Small Claims. Their office is next to the Town Court (funny, eh?). I would bring suit claiming damages of the loss to the phone, naming the cost of the replacement equipment. I will also list the bills which they have not adjusted.

Now for the technical part...do I subpoena duces tecum the customer service records for this incident?

How do I describe the damage the cell carrier did to me?

Any other pointers are welcome. I haven't been in small claims in 25 years.

Thanks for any guidance, on this seemingly trivial matter.

 

[mightymoose]

First, be sure you know the terms of the contract. The terms are not likely the same as what you initially signed into. Over the years you were most likely advised of changes to the contract, and your continued use of the service was your consent to those new terms.
That said, if it was their employee error that caused the disruption, then you should be entitled to the value of the lost service from the time it occurred until the time it is restored. Also, since it was their error, I believe they will be obligated to either reactivate your existing phone or provide you with new equipment necessary to restore your level of service to what it was. You should not be obligated to sign into a new two year contract since you already have an existing contract and it is their own fault that your phone no longer works.

It will be in your benefit to subpoena any records you feel will help you. I think you might find that once you file papers they will become more cooperative with your reasonable requests though. It will be cheaper for them to give you what you are asking for than to fight you over it.

 

[zzdodge]

You make good points. I will obtain a copy of the current terms. I will prepare papers for small claims court, including obtaining records relevant to this issue.

They refuse (say unable) to reactivate the old phone, and any replacement of the phone has been conditioned upon the upgrade of service (namely higher price), and the 2 year obligation.

One additional item I left out of my earlier posting, is that I have an email from the supervisor of the employee who disconnected the phone, saying the carrier would make everything right, and that it was all their fault.

Thanks again.