PatientGuy
I'M Way Deep Into Nothing Special
Premium
join:2000-12-11
Arlington, VA
clubs: | reply to mallomar
Re: IBS dropping domain hosting for NP orphans
I know exactly what you mean. I was on month 4 of a 24 month contract. |
|
bjames
join:2000-03-30
Vincentown, NJ | I was in month 10 of 18.. |
|
mallomar
join:2001-04-11
Silver Spring, MD
| Did you get the latest snail mail from IBS (funny that they send them out in unmarked envelopes ...)?
They want their modems back, but I dug out my contract, and I own mine. So, although it's probably worth no more than $10, I'm not sending it back. |
|
curiosity
@uu.net
| reply to Anon
Re: Anybody heard anything final about IBS Networks?
I just received a "settlement agreement and mutual release" document. It says that if i send in the release document, 'customers' can keep the modem. Since, Northpoint crashed and I don't get DSL anymore, does that mean i'm not a customer anymore and do I have to return the modem? I don't want to send them crap.
Since I don't have service anymore, I'm officially not part of IBS anymore? I'll call them too, but I think this discussion board would probably be more reliable. |
|
PatientGuy
I'M Way Deep Into Nothing Special
Premium
join:2000-12-11
Arlington, VA
clubs: | If they owe you anything, like remaining time on a prepaid contract, DON"T SEND THE RELEASE. It lets them of the hook for refunds. See
»User reviews - IBS Networks
for more comments on this subject. |
|
bjames
join:2000-03-30
Vincentown, NJ |  reply to Anon
Any news lately about IBS Networks / Legal issues?
Just wondering.. I'm local to the VA office and would be happy to join the lynch mob anytime.. |
|
PatientGuy
I'M Way Deep Into Nothing Special
Premium
join:2000-12-11
Arlington, VA
clubs:
| reply to Anon
Re: Is the IBS Bankruptcy Filing for real?
IBS has removed all mention of there bankrupcy from their web site. Try the Virginia Circuit Court for updates: »www.vaeb.uscourts.gov/scripts/de···01-10705
IBS can't hide that from anyone.
Click on "View Docket" for more info.
[text was edited by author 2001-05-04 00:12:39] |
|
Anon | reply to Anon
Re: Anybody heard anything final about IBS Networks?
Does this mean that IBS is out of Bankruptcy now?
I never sent back my release (as my contract never said anything about paying for the modem)
Should I now contact IBS for a refund or should I just request a full credit from my bank on my credit card as they did not honor the terms of the contract?
Scott |
|
PatientGuy
I'M Way Deep Into Nothing Special
Premium
join:2000-12-11
Arlington, VA
clubs:
| I don't know what the "WITHDRAWAL by Praecipe" means. I've called the court twice and left messages but they have never returned my calls. They must have caught a bug from IBS  (Any lawyers out there know what "WITHDRAWAL by Praecipe" means?)
I got my bank to reverse the charges on my credit card. I sent them a copy of the statement with the IBS charges, a copy of the IBS e-mail announcing the termination of service and a copy of the original contract. Pretty iron clad case huh? They reversed the charges and that was the end of it as far as I'm concerned. If they have withdrawn the bankruptcy you might get an attorney to force them to comply with the terms of the contract since you correctly did not sign the release. I think it's probably best to just get your money back and stay as far away from these schlemiels as possible.
PS you might also change your DSL Reports personal profile to say IBS sucks instead of "they're ok". I think that if any ISP sucks it's IBS. |
|
Court Reporter
@adsl.bellatlantic
| "WITHDRAWAL by Praecipe" simply means that one of the parties (normally the requester, which in this case is a bank) requested that their previous motion be withdrawn. It usually indicates that the bankrupt party has made some concession.
IBS is certainly still in bankruptcy. Their will be more motions and responses, hearings, and so forth. I don't remember the exact date of the "main hearing" where the court will decide who gets which assets, but I believe it is later this month (May). The best thing to do is to go to the courthouse and look at the file. Anyone has the right to personally review the file. |
|
Anon | reply to Anon
Wonder what's going to happen with all of this? Thankfully, I'm now back online w/Megapath (although now the monthly fee is an outrageous $140.00 - hopefully my company won't go TOO nuts when they start seeing the expense reports!
Otherwise, I haven't received any communication (electronic or snail mail) from IBS. There were mentions of the 'blank envelopes' that seem to be circulating around. I'll wait and see. As for my modem/bridge, I've got to dig up my contract to verify it, but I'm sure that I paid about $250 or so for the modem when I joined up, and it was specified that I was BUYING it, not leasing it. IBS is probably counting on people not reading or remembering the verbage of their contracts.
Hope others are getting back up. Dial-up is almost unbearable after you taste the Fat Pipe!
JCB |
|
PatientGuy
I'M Way Deep Into Nothing Special
Premium
join:2000-12-11
Arlington, VA
clubs: | My contract doesn't say word one about the modem. |
|
Anon
| reply to Anon
My contract had no mention of the modem in it as well. I have my contract which was the same contract sent to IBS.
IBS has 10 days to contact me regarding a refund or I will be forced to to contact my credit card company for a full refund for their willful non compliance of our agreed upon contract.
Regards,
Scott & Eva Graham
Newington, Connecticut |
|
Court Reporter
@adsl.bellatlantic
| reply to Court Reporter
I finally went to the courthouse in Alexandria and looked through the IBS file. There are hundreds (maybe even thousands) of claims from individuals. Most of the claims are for about $300 to $2000 for prepaid service that was disconnected. There are claims in the $10000 range from Verizon, other companies, and from various publications for advertising fees. There's also a claim from a bank (see the docket in a previous append) for a loan on a van that the bank financed for IBS. There appear to be only two stockholders of IBS, Deborah and David Frank, so it looks like there aren't any venture capitalists that invested in IBS. I didn't see any claims from any unsecured lenders (individuals, banks, or other companies) that provided funds for the business, so it looks like it is primarily the Frank's who stand to lose their investment if the company does not recover.
The clerk at the court told me that since this is a chapter 11 filing, the case could go on for several years while the company tries to regain liquidity. The other possibility is that the company might not recover and would be liquidated, but that remains to be seen.
In the meantime, IBS has to send the court copies of their bank statements and lots of other financial information each month, so anyone who wants the latest information on IBS's financial condition can go to the court and see the condition of the company.
IBS has agreed to pay the lawyers $40,000 to handle their bankruptcy case. |
|
Anon | reply to Anon
This message goes out to Dave Frank of IBS Networks.
As you seen the other day I posted the following
"My contract had no mention of the modem in it as well. I have my contract which was the same contract sent to IBS.
IBS has 10 days to contact me regarding a refund or I will be forced to to contact my credit card company for a full refund for their willful non compliance of our agreed upon contract."
Well yesterday in the mail I received letter from IBS Networks, in it was a copy of my contract another release a letter telling me to sign the release and a bill for $399 for my modem.
On my contact IBS was kind enough to highlight the part of my contract which talks about my modem. In which it says...
"The modem provided to you is the property of IBS Networks, you may use the modem at no charge as long as you maintain DSL service in good standing with IBS Networks. if you wish to keep the modem or router, you may purchase the modem for $399."
First off IBS is claiming the modem is theirs, I wonder if Northpoint knows this, as there is a sticker on the modem saying that the modem is property of Northpoint.
None the less, I am not going to argue that. The line that gets me is the "you may use the modem at no charge as long as you maintain DSL service in good standing with IBS Networks."
Because my account with IBS is indeed in good standing ( I am paid for another 7 months of service) then IBS is violation of the own contract, which basicly makes the contract null and void
Also attached was a BILL for the modem is $399 with a Due Date of May 30th with a statement highlighted in yellow "REMIT BY DUE DATE TO AVOID COLLECTION PROCEEDINGS"
I never laughed so hard in my life, if IBS already wasn't in the hole already I would sue them. First IBS owes ME money for not providing me their service for which I have a contract for. Second of all IBS Networks does not even know my real name, Graham is NOT my last name. So trying to sick the collections guys on me will not work.
All the documentation clearly shows that indeed that IBS is in violation of their contract for not rendering the contracted service, a service for which I have pre paid for.
Sorry Dave you won't win this one. I am not signing the release you sent so that you can get off the hook for bending over all your residential customers.
I will happily ship back the modem to you, please send a PRE PAID shipping box and I will send back your modem. I am not returning this modem on MY DIME when YOU OWE ME MONEY.
Also Dave if you are not going to provide me service you should release my line which is still active to the telco, I still have sync on my modem to the telco.
Perhaps after I send this message to DSLReports I will fill out this paperwork I have received from the bank to get a full credit of $468.00 on my credit card, because you and your company have not honored your contract. Its too bad, as when your service was online it ran rather well.
Again if you want the modem please ship me a pre paid shipping box so that I can return it to you.
Sorry Dave
Scott |
|
PatientGuy
I'M Way Deep Into Nothing Special
Premium
join:2000-12-11
Arlington, VA
clubs:
| I wouldn't return the modem until I got my money back. My bank said they would credit my account immediately but that I should wait at least two weeks before spending the money in case IBS disputed the refund. (IBS hasn't disputed the refund and it has been well over a month). I would wait until you are sure the reversal of charges is permanent before returning the modem. Certainly you are you are within your rights to withhold their dues until yours are satisfied considering they broke the contract and have shown no signs whatsoever of being trustworthy. |
|
Anon | reply to Anon
Im suprised I have not heard anything from IBS after my last message. It must suck to be them. |
|
towjohn
join:2000-09-12
Wilmington, DE |  reply to Anon
Has any one had luck getting money back thru their credit
Card company? |
|
mallomar
join:2001-04-11
Silver Spring, MD
| reply to Court Reporter
Although I'm sure it's a waste of time, I'm trying to fill out the claim form for the IBS bankruptcy case.
The form has to be submitted by June 28, and I'm not smart enough to fill out the darned thing.
Has anyone submitted the form? If so, what did you specify for:
Basis for Claim (maybe "services purchased but not received"? Or something like that?)
Date debt was incurred (I'm guessing this should be the date the DSL line died)
And would this be considered an "unsecured priority claim" which can include "up to $1,950 of deposits toward purchase, lease, or rental or property or services for personal, family, or household use"?
Mallomar |
|
PatientGuy
I'M Way Deep Into Nothing Special
Premium
join:2000-12-11
Arlington, VA
clubs: | I'm not a lawyer but I'll try to find someone who is to help you. It sounds like your doing fine so far. I'm sure the court isn't going to be to harsh on you if make a error anyway. |
|
