Print the value of index0
Protect America Did Not honor their contract with me and tried to unilaterialy modify the contract: Breech of Contract Austin Texas
I originally talked to Protect America to get security for my house. I told them up front that I was considering selling my house and that I was not sure I could agree to a 2 year commitment, because I wanted to move into a rental house to get one built as I was somewhat in the early planning stages of this. They told me on the phone no problem, if that happens just call us and we will put your contract on pause and you can pick it up where you left off.
I agreed with them and asked them to send me a contract. They sent me one I looked it over but no where did it state that promise in the contract. I called them back and told them I could not sign the contract becasue it did not have the clause they promised. So on April 15, 2015 Mrs. Jacqueline Hoard from Protect America Sent me an attached clause to our agreed upon contract in the Subject Area: ATTACHED TO ID NUMBER 2037434 : PROTECT AMERICA AGREEMENT AMMENDMENT The body of the text was the clause: it states, "In the event that you move and are transitioning to another property Protect America, Inc. does have program which allows you to place the agreement on hold with the ability to pick up where you left off once in the new property. There is an exception in place should this occur signed Thank you Jackie Hoard
I went ahead with the contract set up payment automatically to come out of my bank account and bought all the expensive equipment it was shipped to me and I installed it myself. A few months later I put my house on the market and sold it in OCT. I called Protect America to inform them I needed to put my contract on pause starting in Nov 2015.
Around Dec 15 /Jan 2016 time frame, I get a call from Protect America inquirinng about payment their monitoring services. I explained it was on pause in accourdance with out contract. The Customer representative said we dont do contracts like that and wanted me to send the email to them. I forwarded this email to them.
I get another call informing me that I have to pay them a small monthly charge to put the program on pause. I told them there was never any agreement anywhere that stipulated I had to make any kind of payment to put it on pause. I further told them that they could not arbitratirly change the terms of my contract. I told them that any attempt to bill me any extra charge or send me emails and or phone calls related to that would in fact breech our contract.
Skip forward a couple of months. My wife generally pays all our bills and thought nothing of this $4.95 charge (I think) going to them. She never mentioned to me she had paid it as it automatically was coming out of my account. I had an unfortunite incident where someone from France wanted to fradulently charge my bank card. The bank froze my card and issued me a new one.
Prime America Called me again and I answered the phone this time it was from Judy jadeurdy protectamerica she wanted to send me another contract to get things back on track. I asked her to send me the same contract with all the details and I would at least consider it, once I got into my new house. Judy instead tried to send me a whole new contract with different terms. This really irritated me.
on June 13, 2016, I sent back the following reply: Once again I am very disappointed in Protect America. I have read through the document you sent me. It is not the same document, I originally agreed to, nor does it have the original terms in the original contract that I agreed too.. I entertained the idea, that you would send me the original contract along with the clauses I had agreed to as we discussed on the phone. I also expected to see a contract that would pick up from where we left off when we sold our house as originally agreed upon. It should have show the months already paid on the original agreement, as we discussed. Protect America, did not honor what we discussed on the phone nor what we originally agreed too in the original contract. You are officially on notice that Protect America has violated the terms of my original contract when they arbitrarily decided to change the terms of our contract that was not agreed to by both parties. Prime America did not specify a unilateral right to do so and have violated the contract. At this time you are in breech of your contract with me. I will be contacting my attorney Mr. Jack Duke in this matter. I have no interest in sighing the new contract that you sent to me. It basically is completely new contract and it does not have the terms of the old contract. I am not interesting in signing a new contract, as you have specified. This contract is officially in dispute. Pease let me know the name of your attorney so that Jack can get in touch with him or her. Until we have resolved this through our attorneys please suspend this account.
I get a calll from Prime America on October 09, 2016, from a customer Representive. I dont know why, but I answered it. Obviously the customer representaive could not handle my issue. She put me in touch with Mr. David Macias saying they had not recieved a payment ($4.95 I think) for putting the program on pause. I once again told them we had no such agreement for 4.95 and that I had no terms at all from a contract perspective that discussed any fee for allowing me to put this program on pause. I also informed that at that they were in fact in breech of our contract. They unilaterially modified a contract and made terms that both parties did not agree to in writting contractually. Mr. Macias promised me if I sent him the clauses as I have before, he would get this rectified. I contiue to get calls and emails on this. At this time I feel as though I am being harassed and am considering taking further legal actions. Needless to say I am very unhaappy as I continue to get calls and emails on this.