Cingular Wireless

My story....

What happens when you sign a contract with a company to deliver service and then they don't?

My story begins in the year 2000.  I switch from Verizon to Cingular Wireless which at that time was a part of Southwestern Bell Telephone.  Because they are jointly owned, my telephone bill is combined.  After they split, my bill is still combined as a "convenience".  SWB changed my account number (for some unknown reason) without telling me, then changed it again without telling me (another long story that I won't go into here).  I was trying to sign up for online bill viewing and account management.  However, I couldn't view any info about Cingular because it was a separate company.  So, I tried to sign up on Cingular's site.  I couldn't sign up and it didn't say why (the error message was something innocuous that didn't explain what was happening) so I called Cingular and finally got the answer - because I had a combined bill with SWB I couldn't sign up with Cingular's online service.

So, I had my bill decombined (side note: SWB changed my account number yet again).  I could finally sign up to view my account number information online!  Yay.  Then, my wife got a cell phone with Cingular Wireless.  For some reason, we had two different account numbers.  So, I asked them to combine the accounts and they did.  Then, the problems began.

I use online bill paying through Washington Mutual.  The online bill paying used to be great when they were Bank United, but since they changed names, the online bill paying is harder and harder to use.  You can no longer edit transactions once they've been sent in, you can't edit the account information of the companies you are paying, and you can't transfer funds to your overdraft line the way you could with Bank United.  Anyway, the account number for my Cingular Wireless bill payment had two number transposed (switched) so my payment didn't get credited to my account properly.  Cingular Wireless cashed the check - they had the funds - they just didn't know to put it with my account even though my name was on the check.  My next bill came in and I saw that the payment had not been posted.

On 11/18/02, I called Cingular Wireless to clear this matter up.  I spoke to Trisha Dang.  At first, she didn't even believe me because she didn't show that I'd been with Cingular for well over a year.  She showed that I'd only been with Cingular for 4 months - when they had changed my account number.  She also didn't show that I'd been making the payments I showed I'd been making.  Basically, they didn't keep all of my information together.  My account number changed and they then treated me like a new customer.  She told me I had to fax confirmation that my bank could give me that the payments had been made.  I drafted a letter to her and got the confirmation information from my bank and faxed it to her at 866-653-4525:

Trisha,

My name is Tait Lifto and my Cingular account number is *********. I called you around 9:00am CST on 11/18/02 to discuss my account. I received a letter stating that my account was overdue. This was a huge surprise to me as I made a payment of $140 on 10/15/02. The payment I made was an Online Banking payment through my online banking account with Washington Mutual. I’ve made payments to Cingular Wireless before through the exact same method. In fact, the payment before was made on 10/1/02 in the amount of $142.36 and you do show this payment. I also made a payment on 11/18/02 for $108.14.

I researched this problem with my bank and discovered what happened: 2 digits on the account number somehow got transposed. The account number that my bank sent these 2 payments to was ******67*. My correct account number is ******76*, so the “7” and “6” got switched. Please check that account number for my 2 payments and correct as necessary, then email me confirmation at taitlifto@hotmail.com.

• 10/15/02 $140.00

• 11/18/02 $108.14

Now, this is pretty good information - it explains exactly what happened, it shows the amounts and dates the transactions occurred and most importantly, Cingular actually had my money so it should've been relatively simple at that point to find it under the wrong account number or at least under my name.  But, instead of calling me back and continuing to work with me, I did not hear back from Trisha or anyone else with Cingular that day.... or the next day.... or the next day....  So, I continued to fax in the same letter hoping someone would reply back to me.  But, complete silence...

How appropriate that there was complete silence, because on 11/25/02, my cellular phone service was turned off.  That's right, even though Trisha had put a hold on my account pending research, someone had gone around the hold and turned off my service anyway.  So, I drafted an addendum to my original fax and faxed it in:

Update: 11/26/02:

THE PROBLEM HAS GOTTEN WORSE, THOUGH! Our cellular phone service was TURNED OFF yesterday! Even though I’ve made TWO payments. Yes, you don’t show them on my account, but my bank shows that Cingular has CASHED the payments. This means that you currently have TWO HUNDRED FORTY EIGHT DOLLARS AND FOURTEEN CENTS of our money, yet you’ve turned off my service. I’m attaching different documentation from my online banking, plus bank statements to show that I’ve paid. CORRECT MY ACCOUNT AND RESTORE MY SERVICE IMMEDIATELY, then email or call me (214-***-****).

Then, please forward this on to a SUPERVISOR, per my request stated here. I’m EXTREMELY upset that my payments were treated this way. I explained what happened, and you cut off my service. I find this to be a horrible way to treat me as a customer and I want a SUPERVISOR to contact me about it!

Thank you,

M. Tait Lifto

taitlifto@hotmail.com

Well, this letter sure got their attention, right?  Wrong.  No response.  Nothing - zero.  A couple days later, my cell phone was turned back on, but did anyone call me?  Write me?  Nope.  I logged into my online Cingular account to see if they had credited my account.  They hadn't.  So I sent the fax in again.... and again.... and again... and again....

Then, on December 9th, I added another addendum to the fax because I received another overdue notice in the mail:

Cingular Wireless

Attn: TRISHA DANG

Fax: 866-653-4525

Trisha,

THIS IS MY 3RD LETTER ON THIS MATTER. So far, you have not bothered to contact me to let me know the status of the correction for the mistakes (I’ve copied previous letters below). I also have not been contacted by a Supervisor although I’ve requested it twice. I AM STILL RECEIVING BILLS THAT THERE IS AN OVERDUE BALANCE!

If I do not receive a response TODAY, I will be forced to escalate this matter in another way. Please end my frustration by assisting me today. My first call to you was 11/18/02 and not once have you contacted me back. I have faxed the letters below several times. My phone was cut off and I sent in letter number two and then my cell phone was turned back on, so I assumed you received my letter but I did not receive any contact from you. Please call me at 214-***-**** (Work) or email me at taitlifto@hotmail.com

HELP!

I sent this fax about 5 times.  I just wanted some type of customer service that showed me someone was listening.  But I was receiving absolutely no contact!  Finally, on 12/11/02, a supervisor (Anthony) called me.  He said that my account was being credited the full amounts of my two payments.  He then went on to explain that Cingular would love to be able to call everyone back with status updates, but they are too short-staffed and they only do it when they have time.  He said that they normally take about 4 weeks to research a case, but worked on mine quicker because of all the faxes (11/18 to 12/11 is just over 3 weeks, so I guess it was slightly quicker than their "standard" 4 weeks).  I explained that it would have been really nice to have been told up front that it would take 4 weeks and that we wouldn't receive any contact from customer service.  He said that I should have been told.

I then asked him why my phone was turned off after I called in about my account.  That is when I learned from Anthony that Trisha had put the proper hold on my account, but someone had bypassed the hold and turned off my service.  He could offer no explanation as to why this would have happened.  And, despite the many errors made by Cingular (not crediting my account, not telling me it would be 4 weeks with no contact, and turning off my phone service), Anthony did not offer any type of credit.  My service was OFF for a few days, and there was no offer for a credit!  I had to ask which I did and he reluctantly gave me a $20 credit.

I then sent an email to Cingular Wireless at icare@cingular.com requesting to be let out of my contract as I saw it had been breached:

I am very disappointed in the service I received on this matter. My original request was sent in, I was promised a resolution, then a few days later my cell phone was turned off. The worst part was that noone contacted me. I sent in the fax that the rep requested and specifically requested she let me know that she received the fax and was resolving the issue. But, noone contacted me. I had to send in 12 faxes over a few weeks time to FINALLY get someone to contact me. I am extremely disappointed and unhappy with this. I would like to have my contract waived so I may switch service. The way my issue was resolved - especially when my phone was turned off - is not the customer service I expected when I signed up with Cingular Wireless.

Please let me know,

M. Tait Lifto

Their response:

Dear Mr. Lifto,

Thank you for contacting Cingular Wireless.

We are very sorry to hear that you wish to close your account with Cingular Wireless. We would like the opportunity to resolve any issues you may have and would like your feedback as to why you would like to close your account. Your satisfaction is our Number ONE concern.

There is an option you may consider, our Transfer of Service option. We can transfer your service and put your mobile into another person's name. This would allow a friend or relative to take advantage of the renewal eligibility that you have earned.

The Transfer of Service process can be completed with a visit to a Cingular Wireless retail location. This process involves gathering the new person's personal information to replace yours on the mobile account. Pending a credit check, you will relinquish, and the new person will assume, responsibility for the account.

We may also offer you a better plan. If you are interested in these options, please advise us. If you simply wish to close your account, you will be assessed an Early Termination Fee of $150.00 per mobile.  Simply advise us if you wish to proceed with this option.

Please visit our website at http://www.cingular.com for the latest pricing plans, phones and promotions.

If we can be of further assistance, please do not hesitate to contact us via email. We know you have a choice in the wireless industry and thank you for choosing Cingular Wireless!

Sincerely,

Jaime G.
Central Rep

So that would be "No".  They said that my "satisfaction is our number ONE concern" yet I'm not satisfied and they don't sound too concerned to me.  I had a bad customer service experience and my phone was turned off although it should not have been.  I thought I'd ask again more bluntly:

So I take it that that is a "No"? Even though you guys have delivered poor customer service? Even though you turned off my phone when you shouldn't have? Isn't that a breach of contract on your end to me?

Why should I be held to a contract if you didn't provide the service?

MTL

In their reply, you do not see an exact answer to my question - at no time do they address why I should be held to my contract if they didn't provide service appropriately.  Their reply:

Dear Tait Lifto,

Thank you for contacting Cingular Wireless. I am sorry to hear of all your frustration with your account.

I do apologize but we are unable to waive term fee on your account at this time. If we can further assist you please let us know or call customer service at 1-800-331-0500.

We encourage you to visit our web site often to view current and previous monthly statements, make payments and to shop for new product and service offerings. Thank you for choosing Cingular Wireless!

Sincerely,

Crystal

Cingular Wireless
Customer Care

A reasonable person would say that a contract is two-way - if one party does not hold up their end of the contract, the contract should be void, right?  But, I'm just one person.  If I was a big company, I'd have a team of lawyers working on this, but as an individual, I can't afford to fight this with them.  So, I'm telling my story to anyone that will listen.  Perhaps there's no hope for me - I have a "contract".  But, there's hope for you.  Choose wisely - there are many companies out there that provide mobile phone service.

Thank you,

MTL

Update: 12/18/02:
I checked on my online account summary - the two payments that Anthony stated were credited to my account still do not appear.  My account currently shows online as having about $180 due.

Update: 2/17/03:
I checked on my online account - the two payments were finally applied.  However, a charge for $60.24 appeared for roaming charges, even though I have a national plan that isn't supposed to have roaming charges!  Arrrrgh!