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I am at my wits end!

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1mtnhiker

Posts: 40

Joined: Sun Jul 26, 2015 8:47 pm

Post Tue Dec 22, 2015 2:37 pm

Re: I am at my wits end!

No point in giving up just when the fun begins. I just returned home from a "payment hearing" and as could have been predicted no one from Verizon showed up. The court is going to send me the paper work and a Capias warrant will be issued by the sheriff to force them to come to court. It will cost me $60 but they will add it on to what they already owe me. It appears they can be arrested if they do not comply. At this point nothing would make me happier than see one of them spend even 10" behind bars in some stinky jail. I can't quite figure out why they don't just send me the money they owe me. What is the point of this? I can only think they believe I will give it up. No chance of that happening.

Of course I was just a little bit late paying off the $175 contract cancellation fee because I was waiting for T Mobile to send me the Visa card with that amount of $$$ for Verizon. I had called and notified them it was in process and as soon as I received it I would hand deliver it. Didn't I get a letter threatening me with a collection agency. Thank heavens the card arrived and I drove it straight down to Verizon who pretended to know what to do with it. I had to give them instructions so they had no choice but to take it. They are truly a bunch of fools. :roll:

Wishing you all Happy Holidays!
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1mtnhiker

Posts: 40

Joined: Sun Jul 26, 2015 8:47 pm

Post Sun Dec 27, 2015 4:30 pm

Re: I am at my wits end!

I am no longer very optimistic about getting my money reimbersed from Verizon. I may have won the battle but not the war. I won the first round by default when they did not show up to court. 8 weeks later they failed to show at the payment hearing. Today I heard from a friend whose hubby is an attorney that this may not end well. The person representing Verizon cannot be arrested for not showing because it would be an "attorney" and NOT VERIZON. The two are very separate entities. How clever is that? If this be true I will have paid $40 for the initial hearing, $60 if I file the Capias to get them into court to pay up, and I most likely will never be reimbursed for all these court costs. It goes without saying I will never see the money I double payed on my bill. IF I pursue this when they don't show up the next time, the cost to go after them is $300-500 and once again the lawyer representing them cannot be arrested because h/she is LAWYER. I am getting the real sense that they do as they please and have all their bases covered to insure that the plaintiff will ultimately lose the case. I read a posting by someone on the web that stated "Verizon lawyers get a good laugh at this". The court informed me I would get all the money returned to me but this appears to be a very big delusion. Maybe there is no such thing as Lady Justice when it comes to big companies. I am hard pressed to believe they can get away with this, but it may be the reason why they do it in the first place.
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1mtnhiker

Posts: 40

Joined: Sun Jul 26, 2015 8:47 pm

Post Mon Dec 28, 2015 11:02 am

Re: I am at my wits end!

MORE GOOD NEWS....
I finally got the number for the V subpoena dept. I was informed that the office in NY " no longer exists". My thought is even if it didn't exist, their mail would be forwarded to the existing office. This being said, I called both numbers on the NY page and they are very active. I have no idea if they were ever notified to appear in the Palmer District Court! No one has a clue about this. The subpoena dept gave me a # to call, and they in turn gave me a fax number where I will forward my court documents. If NY never forwarded the court notifications to the proper dept which is in TX, will they have a right to demand a new court date to hear the case from the beginning? They certainly know how to block customers at every step.
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1mtnhiker

Posts: 40

Joined: Sun Jul 26, 2015 8:47 pm

Post Mon Dec 28, 2015 7:15 pm

Re: I am at my wits end!

AS tempting as it was......I did not quit. Sent a registered letter and the court docs to the Verizon Legal Dept in Boston, and faxed the same info to the Subpoena Response Team in TX. . Stopped at the the District court and they agreed this was the way to go. I was thinking the court communicated with them in their NY office, the one they claim does not exist. The letter was never returned so my gut tells me they received it and ignored it. Now I wait. I am updating these messages in hopes they might be of some help to those who are enduring similar issues. Input is always appreciated. We must stick together and fight the good fight. It's a life lesson if nothing else.
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1mtnhiker

Posts: 40

Joined: Sun Jul 26, 2015 8:47 pm

Post Tue Dec 29, 2015 2:43 pm

Re: I am at my wits end!

IT"S A DONE DEAL! Very happy I did not walk away yesterday. Just got call from a Verizon paralegal and they are sending a check for the amount of my "judgement," and will remove anything detrimental on my Credit Bureau report. It's been a very long 8 months and I can finally breathe a big sigh of relief. A million thanks to Marcus for all the help, and to all the folks who shared their stories on the forums. You were the driving force I needed to keep on keepin' on!

HAPPY NEW YEAR TO ALL OF YOU!
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1mtnhiker

Posts: 40

Joined: Sun Jul 26, 2015 8:47 pm

Post Tue Jan 26, 2016 12:04 pm

Re: I am at my wits end!

VERIZON IS BACK IN MY LIFE. Received an email from a lawyer this AM requesting that I sign a document to vacate the default judgment and capias order. Verizon Communications denies it ever received notification for the Small Claims Complaint from the court , and their defense is the "account is handled by Verizon New England Inc." I never once heard anyone from Verizon refer to themselves as Verizon New England, Inc. How is a customer to know this? "IT'S A SECRET!" Verizon encourages us to combine our landline/wireless accounts but when the trouble starts they do not acknowledge each other. There is no mention of this on the bill either. When one is filing a suit against Verizon in court it has to be addressed to a PERSON and the only name that was available to me was the VERIZON CEO, Lowell Mc Adam, in NY. I was unable to get any other info from Verizon as to who was responsible for receiving notices of lawsuits. Even when I called to get a name for the Sheriff to serve the Capias they gave me a FAX #. Today I spoke to a very nice Verizon lawyer, who incidentally has a name, and I will meet him for a court hearing in several weeks. I could have allowed him to sign my name to the final documents to vacate the lawsuit and capias, but I wish to inform the court how utterly impossible it is to get a name so the legal documents can be served. The lawyer told me there is a state agency that lists the people responsible for each company, but who on God's green earth would know this exists? Verizon most certainly does not tell us, and in all the research I did I have never once come across this "list." I am still asking myself "Was it worth it?" The reply is "YES!" They now have to pay the attorney to come to court. I know they can well afford it but they should not be allowed to get away with this nonsense. For along time it seemed like a daunting, impossible task but it was worth it. I am also going to send a summary of this case including this recent info to my AG rep. Perhaps their is something on that level that can be accomplished so that customers will not be so frustrated when trying to resolve their V. issues. When they get enough complaints they are able to deal with big companies so I encourage one and all to "go for it".
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marcus

User avatar

Site Admin

Posts: 240

Joined: Mon Mar 19, 2012 12:46 am

Post Tue Jan 26, 2016 1:12 pm

Re: I am at my wits end!

I have to say that it's the first time I have ever heard of that happening. Every small claim that I know of that has been lodged against VZ has come out on top. Even in my own experience of pursuing one against against AT&T years ago worked like a charm.

Please post back after your meeting and let me know where I can get that list of names for each state. If this turns out to be true, people will need that info!

~M
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1mtnhiker

Posts: 40

Joined: Sun Jul 26, 2015 8:47 pm

Post Tue Jan 26, 2016 2:09 pm

Re: I am at my wits end!

We could say that mine came out on top via a circuitous route. I do have all the $$$ . This is part of the statement which I received today. "Verizon Communications denies that it received notice of Ms. M's Small Claims Complaint, or that Verizon Communications was aware of the Small Claims hearing on October 22, 2015." They had to be aware because it was mailed specifically to Verizon Communications!

In addition, Ms. M's account is handled by Verizon New England, Inc., which is a subsidiary of Verizon Communications. There is no factual or legal basis upon which Verizon Communications could be liable for Verizon New England, Inc.’s handling of Ms. M's account; accordingly, Verizon Communications is not a proper party to the present litigation." Would they not legally have to make this clear on the bill? NO mention of this subsidiary company on any of my bills. Just checked the court docs and it very clearly states VERIZON COMMUNICATIONS. IMHO they received it but chose to ignore it. I see no other explanation.

Are these business practices legal? How many people do not follow thru because they cannot find the correct info. If this was NOT a problem with Verizon Communications, why did "escalations" give me the FAX number in TX to send my court docs and request the name to have the Capias served? In fact the paralegal who dealt with this was in California. I never got a referral to Verizon New England?

I will certainly try to get the name of the Agency who lists the reps for all companies.
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marcus

User avatar

Site Admin

Posts: 240

Joined: Mon Mar 19, 2012 12:46 am

Post Wed Jan 27, 2016 12:30 am

Re: I am at my wits end!

Great points! I'll be curious to hear how this gets resolved in court.

~M
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1mtnhiker

Posts: 40

Joined: Sun Jul 26, 2015 8:47 pm

Post Thu Mar 24, 2016 12:02 pm

Re: I am at my wits end!

UPDATE! Was back in court on 3/16 to sign the release for the capias order. V lawyer introduced herself to me as I sat on the bench waiting for the doors to open. She encouraged me to sign it and offered to help answer any questions I might have. I declined the offer and explained that I wanted to express to the magistrate my concerns regarding the two reasons Verizon was giving as to why none of this was their fault. They claimed to have never receive the court notices and it's all V New England's problem anyway. At first it appeared the magistrate was confused about why I was there because I had won the case and received the $$$. I was able to share with her the reasons why I wanted to speak to the court prior to signing the release. I explained I did not believe for one moment that V did not receive the court notices, and it's common sense to forward a court notice to the legal department's new location. Their other option would be to 'RETURN TO SENDER." I shared that not once in all my dealings with V did anyone inform me that Verizon New England exists and that I should contact them. I further explained that my research on this V subsidiary lists them in New York. I held up the printed document with this info and a few of my bills that clearly state Verizon Communications. I included that even the phone numbers for V. New England are the exact same. 1 800 VERIZON and you sign into My Verizon. I commented that V appears to go out of their way to not help customers resolve their issues. I also mentioned that a rep had informed me that my calls were not documented and no notes recorded. I then explained how the rep from "escalations" had emphasized to me that "the courts nor the AG's office would help me, and all they would do is give me her number and make me call her again." I further explained that I had to take my " arrhythmia med" during that conversation and how I believed she had used a kind of brain washing technique where a person keeps repeating the same thing over and over again, but the problem is never examined. You start to doubt yourself and it makes you really anxious. In my case it was " You have to look at your bill, you are not looking at your bill"... over and over again. 40 minutes of this nonsense. I then reassured the court I had "looked at the bill" hundreds of times over many months, even at 3AM trying to sort out what if any problem existed. I ended by stating " I believed V will do or say whatever it takes to make the customer go away." I said I hoped the court might have some impact on this problem, and wanted to make the court aware of the hellacious year I had with V, knowing full well that I am not their only victim. I concluded by sharing that I hope in the future this might be of some help to others coming into court. I asked how much money V makes on the folks who have to go to work and deal with their kids and have no time to go to court to fight this? I thanked the magistrate for listening. I signed the release as promised and I surely hope this is THE END!

Many thanks to Marcus and Verizon Pathetic. I hope my story serves others well. I say don't give up. Fight the good fight. Hang in there. I don't regret it for one moment.

Marcus, I was not able to get any further info as to how to contact who is responsible for the subsidiaries. We went into court almost as soon as the lawyer arrived and we had not even finished our conversation about the Capias. She did not exit with me but took a seat near another attorney. V is not keen on giving out names and I did include this complaint when speaking to the magistrate. I also pointed out that my case was resolved in TX and CA so why did I never get a referral to V New England?
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