| SUMMARY SERVICES |
Letter Re: Breach of Contract
Margaret Eve Miyasaki
John. Doe
111 Stevens Creek Blvd.
Santa Clara, CA 95051
Phone: (111) 111-1234
December 12, 2001
Dear Sir/Ma'am;
The
purpose of this letter is to inform you of a matter concerning a defect in the
Sprint wireless system, whereby a Sprint Qualcomm Wireless phone did not
receive incoming calls for 31 days, and the overcharges resulting from the
malfunction, and also the matter of the minutes (up to hours) spent with Sprint
Customer Service and at the local Sprint Service Center, and Sprint personnel’s
inability to repair the problem.
Here
is a brief chronology of the events that occurred which have led to my
dissatisfaction with Sprint.
8/17-18/00
I
purchased two Sprint Qualcomm Wireless phones from Radio Shack.
8/19/00
Both
phones activated and assigned phone numbers. One had phone number :
408-373-8121. The other had phone number: 408-393-6966.
8/20/00
Within
twenty-four hours, I established that one of the phones, number, 408-393-6966,
was not receiving incoming phone calls. I took it back to Radio Shack and
complained. A Radio Shack technician inspected the phone, but could find
nothing wrong.
8/20/00-9/13/00
The
phone was still not receiving in-coming calls. During this time, I spent hours
with Sprint Customer Service Center
attempting to rectify the problem.
9/14/00-9/20/00
Complained
again to Sprint Customer Service.
9/14/00
A
Sprint technician decided the phone was defective. The Radio Shack technician
did not agree that the phone was defective. He suggested that another number for
the phone might solve the problem, but gave me another new phone as a
replacement for the phone, which he set up to use the former assigned phone
number, 408-393-6966.
9/15/00
Within
24 hours I ascertained that the replacement phone was not receiving incoming
phone calls.
9/20/00
I
obtained a new phone number from Sprint for the replacement phone, phone
number:, 408-394-6166. After that the phone received incoming calls.
9/20/00
Received
an invoice from Sprint billing me
$134.28. I felt that I had been overcharged for service in the amount of
$80.19, because of the problem with the phone.
10/20/00
Invoice
from Sprint billing me $75.14, which included another activation fee of $29.99.
10/22/00
I
spoke to a Sprint Customer Service representative via phone and informed her
that I did not agree that I should be billed for service when the phone was not
receiving incoming calls for 31 days, or for the activation fee, since it was
necessary to get a new phone number in order to remedy the problem. My complaint
was referred to the supervisor. She agreed to extend a credit of two months
service to the account as compensation.
11/19/00
Invoice
from Sprint billing me $54.09. I phoned Sprint Customer Service to inquire as
to why the two months credit had not been applied to my bill, and was informed
by a representative that there was no record to support my claim. I responded
that if that is the case, then immediately disconnect the two phones. She
agreed to do this.
11/21/00
Both phones were still
functioning, so I called Customer Service to inquire as to why my request, to
immediately turn the phones off, wasn’t honored. The Customer Service
representative informed me that the phones could not be disconnected until the
end of the billing period, and there would then be a disconnection fee of $150
per phone.
12/18/00
Invoice of $230.95. Both phones
were disconnected.
Sprint
did not honor their two-week guarantee of satisfaction as put forth in the
Sprint contract. Sprint Customer Service was notified in the bounds of two
weeks that there was a problem with the service. Sprint breached it’s
contract with me since Sprint was unable to furnish full service and did not
rectify the problem, further their inability to do so led to my decision to
disconnect the two phones. I have remained an unsatisfied customer for the
entire duration of my business relationship with Sprint.
TOTAL PAID
8/17-18/00 Radio Shack 2 Sprint Qualcomm
Wireless phones $216.46
8/20/00 Sprint Activation Fee
$63.75
9/20/00` Sprint
$134.28
10/10/00 Sprint
Activation Fee $75.14
11/20/00 Sprint $54.09
Total $543.72
In
conclusion, I believe that Sprint blatantly overcharged me because the phone
number assigned to my phone, 408-393-6966, wasn’t functioning properly
and it was necessary to obtain a new number from Sprint. The monthly bill,
including the extra charges incurred for time spent testing one of the phones,
and the activation charges are clearly Sprint’s responsibility. I do not feel that I owe them the $300
for dropping Sprint service to the two phones. I believe that I should be
freed of all of the charges imposed by Sprint, and that Sprint should reimburse
me for all of the monies paid to them.
Yours truly,
_____________________________________________