I have dealt with same thing as Lewis. Never had anything go to aribitration.
Chuck, hit me offlist with more details, maybe there is something we can do with XO on the Fusion side to eliminate his issue. Erich Kaiser North Central Tower [email protected] Office: 630-621-4804 Cell: 630-777-9291 On Wed, Jul 13, 2016 at 9:25 AM, Lewis Bergman <[email protected]> wrote: > I haven't fought it with XO, but I have gone through something similar > with Windstream. They sent me to collections, I sent them the certified > letter I sent to the notice address, they still tried to collect. We > continued to disagree. The collections people contacted me several times; > sent them the letter. They still posted it to credit reporting I think. > > They just chose to ignore everything I sent them and pretend I owed them > the money. I finally gave up trying and they gave up, I guess, trying to > collect. At one point I demanded to see the contract I signed and all they > would ever send me was the invoice. I assume that meant they couldn't find > it. > > All of that to say, I feel his pain. I wonder though, if he complied with > the notice criteria and is out of the original contract term then why does > he think he is subject to the arbitration clause? If his argument is that > the contract has expired and unenforceable and he is correct they can't > force him to arbitrate. Obviously I am not a lawyer but this seems pretty > basic. The terms and conditions only apply while the contract is in effect > right? Maybe there is some survival clause that continues for a period of > time succeeding the contract? > > On Wed, Jul 13, 2016 at 9:03 AM <[email protected]> wrote: > >> I have a friend that told XO he was no longer needing their service. >> This was prior to the end of the contract. They double checked with their >> XO sales agent that XO got the word that they would not be re-upping the >> contract. >> >> Well, XO reupped the contract. Friend quit paying, now XO is claiming >> that they will be arbitrating somewhere in the eastern US. I have not seen >> a copy of the contract but I know many contracts specify alternative >> dispute methods like arbitration. And they also specify the state where it >> will happen. >> >> It is a huge amount. They want something like 5 years of GigE at old >> pricing. >> >> Anyone know anybody that has been through this with XO before? I would >> like my friend to talk to companies or the attorneys of companies that have >> fought this battle before. >> >
