  spewakR.I.P Dadkins
Premium Member
join:2001-08-07
Elk Grove, CA
kudos:1 |
spewak
Premium Member
2012-Dec-20 9:05 am
He gotComcastified!  | |
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Re: He gotno, he went to Xfinity and beyond. | |
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psiu
join:2004-01-20
Farmington, MI  ·Xfinity
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psiu
Member
2012-Dec-20 9:07 am
good luck but...not sure it will go anywhere. The loan (refinancing) could be considered an optional choice he made. Part of that process would be checking your own credit. I dunno. I trust Comcast about as far as I can throw a multibillion dollar corporation  And I DID get a receipt when we returned their modem and went customer-owned. | |
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Re: good luck but...Seems like it would have been smarter to get things cleared up then proceed with a loan. | |
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Re: good luck but...Yes, because all of our lives just stop and revolve around companies like Comcast. | |
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Re: good luck but...Not every mistake is a winning lottery ticket either. | |
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| | | |  Thaler
Premium Member
join:2004-02-02
Los Angeles, CA
kudos:3 |
Thaler
Premium Member
2012-Dec-20 12:35 pm
Re: good luck but...How is it a "lottery ticket" if he's suing for damages that were incurred to him by Comcast? If someone hits me with their car, is it a "lotto ticket" if I seek reimbursement for medical treatment? | |
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to psiu
A company is lawfully responsible for messing up your credit if done so in error. He stands a good chance of winning if he kept ample documentation and took action to try and correct the problem.
Are you saying he should put his life on hold indefinitely until Comcast came to their senses? He'd be an old man or dead by then. Comcast is lucky he isn't suing for exponentially more as a result of the falsely reported debt and damage done to his credit. | |
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microphone
Premium Member
join:2009-04-29
Parkville, MD |
A completely reasonable suitMr HImmelstein tried, in good faith, to resolve any billing issues with Comcast only to get completely screwed by them. I really hope he wins. | |
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Why is it so hard to report the facts?Where in the linked story does it say there was a $26,000 Error? It's more like Citibank charged him a higher interest rate meaning if he pays his loan out then it would cost him an extra $26,000. FTA it says it was an extra 1% on his loan.
I do hope the guy wins something for his troubles because of Comcast's mistake. | |
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Re: Why is it so hard to report the facts?I'll give you that its only 1% but $26K is still a lot to have to pay out for a $138 mistake that you did not cause. Especially If you dont already have the means for paying the extra. I look iat it this way Thats a brand new car when he retires or a nice nest egg for retirement investments, Actually that could buy you a condo or 2-3 bedroom small house in some parts of retirementville Florida. | |
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Re: Why is it so hard to report the facts?Does no one RTFA? It was not a $138 mistake, that's the credit that Comcast owed the customer. The dispute was over the returned modem. The guy returned it and some how Comcast didn't record that correctly so they reported to the credit agencies that he owed them $220.
Comcast is in the wrong here but so is DSLR for an inaccurate report. | |
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Re: Why is it so hard to report the facts?Sorry Meant to say $220 mistake.. and that is as-is. The mistake was them saying he owed $220 and then that amount resulted in collections and a scar on his credit.
I'll agree comcast is wrong... period. DSLR somewhat... | |
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| | |  DeathK
Premium Member
join:2002-06-16
Cincinnati, OH |
to battleop
said by battleop:but so is DSLR for an inaccurate report.
It's not really inaccurate. You just need to read the story to find out what the $26,000 error was. In this case the error was with his credit rating which was screwed up by Comcast's own error. If his credit rating wasn't harmed he wouldn't owe an extra $26,000 on the loan. | |
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| | | |  FFH5
Premium Member
join:2002-03-03
Tavistock NJ
kudos:5
1 edit |
FFH5
Premium Member
2012-Dec-20 11:50 am
Re: Why is it so hard to report the facts?said by DeathK:said by battleop:but so is DSLR for an inaccurate report.
It's not really inaccurate. You just need to read the story to find out what the $26,000 error was. In this case the error was with his credit rating which was screwed up by Comcast's own error. If his credit rating wasn't harmed he wouldn't owe an extra $26,000 on the loan. He also wouldn't be paying a rate 1% higher if he bothered to get his credit rating squared away before signing for the loan. Comcast doesn't lose this in court. They are on the hook for their error of approx $200 and maybe some lawyers fees, but not for the fact he signed the loan for a higher rate. | |
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| Thaler
Premium Member
join:2004-02-02
Los Angeles, CA
kudos:3 |
to battleop
said by battleop:Where in the linked story does it say there was a $26,000 Error? quote:
"According to the claim, "because of this outstanding debt, Citibank required Himmelstein to pay an additional $26,000 (1 percent of the value of the mortgage) for the same loan)." He paid it."
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Sue them for......If I was in his shoes I'd see what DC has on "defamation of character" and attempt to hit comcast with that as part of my suit. | |
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|  Cheese
Premium Member
join:2003-10-26
Naples, FL
kudos:1 |
Cheese
Premium Member
2012-Dec-20 1:09 pm
Re: Sue them for......Um, I don't consider this defamation of character... and you apparently don't know what it is. | |
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Re: Sue them for......Just because you don't consider it as such does not mean it is so...
Part of D.O.C..... "Any intentional false communication, either written or spoken, that harms a person's reputation."
You obviously are smoking your cheese as I stated depending on how DC law is written this "could" apply... Never did I say it would. | |
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| | | Cheese
Premium Member
join:2003-10-26
Naples, FL
kudos:1 |
Cheese
Premium Member
2012-Dec-20 1:42 pm
Re: Sue them for......Keyword : Intentional I am sure CC set out to destroy his credit intentionally!  Get a clue would ya ..... | |
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funny0
Member
2012-Dec-20 4:37 pm
Re: Sue them for......thinking he owed them buckets a cash as well which was whose fault his? NO there's so they are trying to call him a dead beat , a person whom doesn't pay his bills and has bad credit. wrecking a persons credit in todays age can have severe consequences. i think what the above person is looking for is known as slander of title...look it up....YOU all wonder how i've learned a fair chunk of law , thank bell canada and groklaw.net for opening my eyes. | |
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| | | | | Cheese
Premium Member
join:2003-10-26
Naples, FL
kudos:1 |
Cheese
Premium Member
2012-Dec-20 4:47 pm
Re: Sue them for......it's not slander either.. | |
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 aaronwt
Premium Member
join:2004-11-07
Woodbridge, VA ·Verizon FiOS
Asus RT-N56U
Asus RT-N65
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aaronwt
Premium Member
2012-Dec-20 9:15 am
If he would have monitored his credit...he would not have run into these issues.
I use the monitoring service that AMEX offers. If there are any changes or inquires, it is reported to me in seconds by by text to my cell phone.
He really has no one to blame but himself for his issues. I have no idea how you go two years without checking your credit report. That is crazy. I've been monitoring mine for decades. Although now monitoring is the easiest it's ever been since you can get instant notification when anything pops up. | |
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Re: If he would have monitored his credit...None the less not many actually signs up for those extra services as its just an extra bill to pay monthly most Americans only check there credit once a year at best ( I remember a report I read said only 20-30% check it more than once a year) I check my credit once a yr for free and from that point on I think nothing of it, I rather use cash or debit cards when possible so only need credit/ credit checks for when making huge purchases, eg. house, car, boat, etc ... | |
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to aaronwt
aarowt,
A company is still liable for tarnishing your credit wrongfully. If he kept good record, the burden falls upon Comcast to have properly credited his account. He isn't responsible for Comcast's negligence in marring his credit score, improperly applying credits, and failing to account for the equipment. Just because he didn't check his credit score regularly, doesn't mean he didn't take appropriate action.
From the sound of the story, he made multiple attempts to rectify the problem. Comcast failed time and time again. Simple. | |
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to aaronwt
If companies weren't dufas we wouldn't have to track our rating though | |
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Re: If he would have monitored his credit...If America was like other countries, we wouldn't need to depend so heavily on "credit". And the more and more people realize that the more it won't matter. | |
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|  Shadow01
Premium Member
join:2003-10-24
Wasteland |
to aaronwt
He wouldn't have run into this issue if he hadn't done business with comcast either, so what is your point??? I think the only mistake he made, was leaving out his mental anguish on the suit. I am sure if it were I, there would be at least 7 0s to the left of the decimal. Large corps are complacent because they know it increases profit. Since they choose to be complacent, their acts are intentional. The only way for corps to take notice of their actions is to make it financially crushing when they wrong someone and do nothing to correct it. For instance, if the Fed would have fined Exxon out of business for the Valdez spill, other oil companies would redouble their efforts to be sure their tankers don't create a spill because they would have a clear picture of what would happen if they allow one to occur. I see no difference in this case with comcast. | |
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Re: If he would have monitored his credit...He also wouldn't have run into this issue if he would have returned the modem on time. | |
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 SteveLV702
Premium Member
join:2004-04-22
Las Vegas, NV |
Same ProblemI had same problem but with Cox Communication and me the reported it to 2 different collection companies so its under my credit report twice with two different companies... Which I thought that in itself was illegal.
Maybe I should get sue happy too | |
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 exocet_cmPirates?
Premium Member
join:2003-03-23
Virginia
kudos:3 |
Similar issueWith a local hospital but not to that amount. The collection agency was so vague when they called I opened up an investigation at work into the caller thinking they were an identify theft ring. Half way through I learned of the mistake by the hospital. Suddenly they are reversing charges, sending letters, and bending over backwards to "correct the computer issue."
Jerks. I hope he wins. | |
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 David
VIP
join:2002-05-30
Granite City, IL
kudos:102 |
David
VIP
2012-Dec-20 9:48 am
I am with the guy...Comcast should have to pay up. | |
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 IowaCowboyIowa native
Premium Member
join:2010-10-16
Springfield, MA
kudos:1 |
Always get a receiptAlways return equipment to a service center and get a receipt. I once returned a modem (when the cable was in another person's name) years ago only to have Comcast loss prevention show up looking for an unreturned modem.
As for the guy, I think Comcast should settle this one.
As for debt collectors, you do have rights (and I have done this before) is you send the debt collector a certified letter return receipt requested requesting that the debt collector obtain verification of the debt from the original creditor. | |
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en103
Member
2012-Dec-20 5:40 pm
Re: Always get a receiptSometimes, that doesn't even help.
I went through the same thing with Verizon Wireless many years ago, and I had my cancellation (cancelled at the Verizon Wireless store 1 day after I renewed ).
1 month later I received a bill for monthly service. I called up and complained, stated that I cancelled 1 day after renewing (had 14 days to cancel). The CS states that it mustn't have been processed in their system and to ignore it until the next one, as it was auto generated.
Next month I receive another bill... with late fees + another month of service charges!
A few days later they send me a note with a warning of cancellation of service + ETF + collections if I didn't pay.
I end up on a 3 way call with Verizon Wireless, the local corp store (where I returned the phone and received my cancellation receipt).
VZW Store - We sent our cancellation to corporate to be processed
VZW - We don't have a cancellation in our system, and never received it.
ME - I have a copy - can I bring it in ?
VZW - No - it has to be the original from the store.
ME - I'm not paying this.
VZW - We will be sending this to collections.
ME - I'll be contacting the BBB and a lawyer.
Note: This was before the no lawsuit clause.
I contacted BBB, and all was taken care of. 3 Months on PITA dealing with Verizon Wireless, and why I'll never use them again. | |
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Mr Matt
join:2008-01-29
Eustis, FL
kudos:2 ·Xfinity
 ·CenturyLink
·Millenicom
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Mr Matt
Member
2012-Dec-20 10:15 am
Does Marc still have service with Comcast?If Marc still has service with Comcast, Comcast will probably try to require Marc to follow the binding arbitration clause in his TOS. On the other hand since Marc was no longer a Comcast customer, when Comcast negligently reported that he made a late payment, after he closed his account, Comcast's mouthpieces might have a hard time enforcing the TOS and forcing binding arbitration in this matter. | |
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| IowaCowboyIowa native
Premium Member
join:2010-10-16
Springfield, MA
kudos:1 |
Re: Does Marc still have service with Comcast?There is an opt-out clause in their arbitration agreement that you can do so within so many days of receiving the agreement.
I suspect they have this mechanism to comply with the various franchise agreements of the jurisdictions they deal with. I know in Iowa, a landlord cannot enforce a waiver of jury trial in rental housing (I saw this on housing paperwork years ago). | |
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 PhoenixDownFIOS is Awesome
Premium Member
join:2003-06-08
Fresh Meadows, NY
kudos:1 |
Credit ratings are a shamIt's not even funny | |
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en103
Member
2012-Dec-21 12:42 am
Re: Credit ratings are a shamI agree. | |
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 newviewEx .. Ex .. Exactly
Premium Member
join:2001-10-01
Parsonsburg, MD
kudos:1 |
newview
Premium Member
2012-Dec-20 11:47 am
Typical ComcastThey have always been rather cavalier about customer credits and modem returns, except when it benefits THEM.
I actually have my Comcast modem return receipt framed on my computer room wall. I've had to take it down TWICE over the years and bring it to the local Comcast office to PROVE that I've returned the old modem.
I hope Comcast eats it here. | |
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 ameniteThe Soylent - It's People
Premium Member
join:2002-11-21
Ridgewood, NJ
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amenite
Premium Member
2012-Dec-20 12:29 pm
Hard copy FTWWhen I cancelled Cablevision/Optimum Online many years ago they turned it all off right away, I figured I'm done. Then a month or two later I received a $60 bill in the mail for the modem since I hadn't returned it. As an early adopter I had purchased my own modem and self installed. Somehow fortunately I still had the receipt from the Wiz to prove it. It was the quickest customer service call ever when they heard that.
Get it in writing whenever possible. | |
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Squire James
Anon
2012-Dec-20 12:34 pm
Settle It or Fight It?If it were just this one guy, Comcast would have probably settled it for $26 K and nobody would have heard of it. I think they fear 10,000+ other people doing the same thing, whether the facts were on their side or not.
Besides, the suit's coming from Washington D.C., which makes me smell a rat all on its own. Even if he's not the rat, there's enough of them around that the smell is all over the place... | |
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Only way he could win....Would be if that was the ONLY issue on his credit reports. If there are ANY other negitives, then there isn't any way to prove 100% that the comcast account was the sole cause of the increase in the loan.
Been there done that. And I would be willing to bet he would NEVER get anyone on the loan side to state the comcast account was the cause of the increase if there is anything else on his report.
Now if it was the only thing.....
What I don't get, and I didn't see in the article, was I know with anything I've done, I was always told to try and clear things up before loans were finalized. And while it said he contacted comcast a couple of times.... it doesn't sound like he went any further then that. (Using the consumer protection credit laws or anything which could have gotten this squared away in a rather short period of time) | |
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twaddle
Anon
2012-Dec-20 12:48 pm
It should be a LOT harder....I've had my identity stolen and multiple bills show up on my credit rating (which I monitor EVERY month). These corporations flippantly send these sorts of things to collection agencies and NO ONE bothers to even look into the situation. To be billed for TV service on the EAST coast when your address is on the West Coast should have BEEN A CLUE BUT NO THE EASE OF SENDING IT OFF TO COLLECTIONS AND TO CREDIT BUREAUS IS MUCH EASIER AND LESS EXPENSIVE FOR THE LIKES OF COMCAST. To try and resolve your credit ratings BEFORE a loan in this case would probably mean he'd still be waiting to apply for a loan. Comcast should lose on this one. If they had made an effort to reverse all the crap they laid on this guy it wouldn't have to end up like this. | |
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elray
join:2000-12-16
Santa Monica, CA ·Time Warner Cable
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elray
Member
2012-Dec-20 1:14 pm
We've only just begunIn my lifetime, I've never had a fully depreciated "free modem" properly credited. But I anticipate it, so the staredown with the quartermaster and accounting is resolved without collections. A certain copper reseller is particularly inept in this regard.
But with the newfound "modem rental fee" price hike, we're going to see a million or two modem returns this year, and a good percentage of them will not be posted properly. I'm rooting for Mr. Himmelstein to prevail; not that he needs a big payday, but the publicity might cause industry to scrutinize their record-keeping habits. | |
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 EGeezer
Premium Member
join:2002-08-04
Midwest
kudos:8 |
EGeezer
Premium Member
2012-Dec-20 2:53 pm
Old storyThat's the story I submitted several days ago to BBR news.
Thanks a lot for the credit.
I'll not make that mistake again. | |
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Had the same issue with Time WarnerI had the exact same issue with Time Warner (minus the $26K loan charge). I moved and turned in all of my equipment. The equipment was listed on the receipt, but Time Warner said that they never received it and could not locate the equipment. I sent them a certified copy of the receipt three times and was told each time that it would be corrected. Then I got a letter from a collections company. I escalated to the top of the world and their response was "please take your receipt to the location in which you returned the equipment." I casually informed them that I lived in Phoenix and driving back to Southern California was a bit of a stretch especially since I sent a copy of the receipt via certified mail on three different occasion's. I asked them to pull the security footage for the day and time and their comment was "we are not allowed to do that." All of this headache for a piece of garbage netgear wifi router that broke in the first two months. Finally after threatening to sue, they dropped the charge and sent me my $53.19 refund. I truly do not understand how these companies cannot fix their systems. | |
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