This letter is in response to Joiphone's comments in a letter dated 9/22/2010 sent to Bank of America.
The service was ordered on 8/11/2009, but was not activated for 7 to 12 days due to the fact the equipment required to activate the account was mailed.
The sum of $180.37 paid included one year of service at $8.95 per month, $60 for equipment, plus shipping and handling.
The original agreement had no language regarding automatic renewal after one year. Joiphone has unilaterally changed the agreement without sending notices to customers, allowing them a choice of accepting the proposed changes, or canceling service.
Joiphone has either provided forged and manipulated documents, or has reactivated the account in my name without permission. On August 11, 2010 Joiphone sent me an automatically generated response verifying service had been terminated.
On August 21, 2010 Joiphone send another e-mail claiming they could not locate the account. I assume this is because the account had been canceled on August 11, 2010 per my request.
On August 27, 2010 Joiphone sent an e-mail stating the account had been canceled, and included two parts of their agreement. A written 10 day notice of cancellation was not in the original agreement, nor was I notified of this when I called Joiphone on July 22. 2010 (verified by T-Mobile call records) and informed them I intended on ending my service with Joiphone. She replied, "everything will be taken care of on your anniversary date." If written notice was required, why didn't their sales representative inform me of these changes on July 22, 2010?
A close examination of the phone records reveals a long span of interrupted service from 05/13/2010 to 07/28/2010. This was my reason for informing Joiphine of my intent to cancel service. This was not the only incident of interruped service. The records supplied by Joiphone to Bank of America also indicate the last call placed from the home phone was on 8/05/2010. No calls were placed from the account on or after the 8/11/2010 date in question.
The information contained on the letter Joiphone supplied to Bank of America, and on the e-mail verifying service had been disconnected, do not agree with the information on Joiphone's web site on October 11, 2010. This verifies the fact Joiphone believes they have the right to unilaterally alter their agreement any time they wish. When you compare the current agreement on the web site to the letter of 9/22/2010, you will find Joiphone as altered it, and among other things, now reserves the right to change monthly charges. Although this was not in the original agreement, nor the version of the agreement sent to Bank of America, Joiphone felt they had the right to renew an account in my name at whatever rate they chose. The amount charged to my account was $202.55. The current rate advertised on their web site on 10/11/10 is $14.95, or $179.40 for 12 months.
Joiphone also changed their agreement asking that the equipment be returned. Why would I return equipment I have paid for, without an agreement they will reimburse me the $60 I had paid?
On the letter to Bank of America, David Norman claims Joiphone was not supplied with a notice of non renewal. If that is the case, why did Joiphone provide a number of e-mails verifying the request for cancellation? He also claims a number of phone calls had been placed on this account. This would have been impossible, the equipment was disconnected on August 11, 2010. Joiphone's e-mails also verify the service had been disconnected on their side.
These documents have either been forged to show activity after 8/11/2010, or Joiphone reactived this account without permission in an attempt to collect a fee.
I request Joiphone refund the $202.55 and $85.00 charges to my account for a total of $287.55.