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11-15-2009, 04:39 PM
|  | Pub Member / Supporter | | Pub Member / Supporter Join Date: Aug 20th, 2004 Location: Las Vegas, NV
Posts: 4,350
| | 'She never signed a contract' is not 'she was not under contract. It's pretty clear she was 8 months into service and canceled per the 16 months of ETF.
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11-15-2009, 05:38 PM
| | SatelliteGuys Freshman | | Join Date: Mar 29th, 2009 Location: USA
Posts: 38
| | Quote:
Originally Posted by mrschwarz When I have had a conflict with a vendor who claimed I had a non-existent contract, a simple request for a copy of it is the first thing I ask for. | I have asked DirecTV, repeatedly, to show me where I was informed, via any method, that I have a contract and where they claim I signed something. And, even more importantly, where I actually did anything that, even under their Draconian terms, would have "renewed" said contract for another two years when they say I did. I have had no response, other than a form letter that included a link to their website, and a notice that they would, "no longer respond to me about this matter." (I was actually able to dis-prove, with paperwork, the first two things they claimed extended my contract, so they just went with, "because we said so.")
That's the thing about their "contract." You don't have to even be told about it. Simply by using the service, you're "under contract." That is exactly the kind of thing that has me so irate about the whole thing. It's far from unique to DirecTV, but they're certainly among the worst offenders I've had to deal with.
Last edited by susanandmark; 11-15-2009 at 05:53 PM.
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11-15-2009, 05:46 PM
|  | Pub Member / Supporter | | Pub Member / Supporter Join Date: Dec 28th, 2004 Location: Cheshire CT
Posts: 4,634
| | Quote:
Originally Posted by mrschwarz I'm confused. The OP said that she did not have a contract. Why are so many people so vehement about breaking a non-existent contract? What is Direct doing mucking about in her account without permission?
When I have had a conflict with a vendor who claimed I had a non-existent contract, a simple request for a copy of it is the first thing I ask for.
Isn't the real question why did DirecTV claim she had a contract and why did they access her account without permission? Has anyone contacted local law enforcement or states attorney or something like that?
This is one good example of why not to let a vendor access your checking account. When there is a dispute, it's a lot easier to argue before they get paid. Once they have the money, they're 'too busy'. | Where do you think Directv got her bank information from?
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11-15-2009, 05:57 PM
|  | Pub Member / Supporter | | Pub Member / Supporter Join Date: Feb 16th, 2006
Posts: 4,876
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The problem is that they don't need a signed contract. When you activate your account you agree to the terms and service agreement that they have. In the agreement it states that you will be charged a fee if you leave before the 2 years is up. If you don't agree with the terms then you just don't sign up.
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11-15-2009, 06:05 PM
|  | Pub Member / Supporter | | Pub Member / Supporter Join Date: Feb 1st, 2007 Location: The desert of WA, zip code EIEIO
Posts: 2,100
| | Quote:
Originally Posted by mrschwarz I'm confused. The OP said that she did not have a contract. Why are so many people so vehement about breaking a non-existent contract? What is Direct doing mucking about in her account without permission?
When I have had a conflict with a vendor who claimed I had a non-existent contract, a simple request for a copy of it is the first thing I ask for.
Isn't the real question why did DirecTV claim she had a contract and why did they access her account without permission? Has anyone contacted local law enforcement or states attorney or something like that?
This is one good example of why not to let a vendor access your checking account. When there is a dispute, it's a lot easier to argue before they get paid. Once they have the money, they're 'too busy'. | Unless the customer 100% owned the equipment, if the system was installed after March 2006 then the they are under a contract. The installation requires at least two signatures from the customer (or their representative): one on the work order, and one on the lease agreement. Now whether or not the customer was the one to sign the paperwork at the time of install or a representative, we have no way of knowing but the paperwork was signed by somebody. And that signature obligates the customer into the contract.
As far as the law enforcement issue goes, my guess is that their response would be, "It is a civil matter" and suggest that a suit be filed in small claims court.
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11-15-2009, 06:20 PM
| | SatelliteGuys Senior | | Join Date: Apr 10th, 2009 Location: California
Posts: 893
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I never signed a lease agreement. All I was every asked to sign was a document that I was told acknowledged my acceptance that the installation was done to my satisfaction.
On the back of that sheet, in pale gray text, it mentions that I agree with directv's terms and conditions of service. Nothing about an early termination fee.
So basically to be aware of this, when the guy who just spent a couple of hours in 110 degree heat installing my dish came in and said "Hi, if everything looks good, can you sign this so I can get going because I'm late to my next appointment", I could have read all the fine print on the back of the installation document, then gone to directv's web site and read many pages of service terms and lease agreements. In there, I might have seen the early termination clause and costs.
That doesnt seem reasonable.
This is a civil matter and you can contest it in civil small claims court. From what I hear, directv generally either doesnt show up (because it costs them more to appear than the fee is worth) or isnt able to produce a document with your signature on it that a judge will accept to be an agreement to a large cash penalty. In most situations, a judge will want to see the original document with a signature below the terms and conditions. A signature on the opposite side for the purpose of accepting an installation, along with a reference to other terms and conditions that dont appear on the document, is usually not acceptable.
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11-15-2009, 06:29 PM
|  | UnOffical Directv Support | | Pub Member / Supporter Join Date: Sep 23rd, 2004 Location: Directv La La Land
Posts: 1,438
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Bottom line Never use your bank card/checking account with directv
Does anyone ever listen to what I say
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11-15-2009, 06:54 PM
|  | Pub Member / Supporter | | Pub Member / Supporter Join Date: Aug 20th, 2004 Location: Las Vegas, NV
Posts: 4,350
| | Quote:
Originally Posted by stonecold Bottom line Never use your bank card/checking account with directv
Does anyone ever listen to what I say | IMO not only did the OPs daughter do this, but she was using autopay, otherwise im not sure why she'd have been auto-charged.
I recently had a IRD go bad on me and was charged for it because we've been busy preparing to move and kept putting off dropping the box off after getting the replacement. I pay usually with my debit/bank card like everything else... I had a charge on my account, not on my card.
Without auto-pay, wouldn't they have just kept sending a bill and eventually taken her through collections?
susanandmark I think you've got a valid gripe/situation, but this thread is about a much simpler one.
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11-15-2009, 08:28 PM
|  | Pub Member / Supporter | | Pub Member / Supporter Join Date: Jul 31st, 2009 Location: State of Jefferson
Posts: 537
| | Quote:
Originally Posted by stonecold Bottom line Never use your bank card/checking account with directv
Does anyone ever listen to what I say | Nope....cause you work for the Devil!
I use auto-pay. If I ever decide to cancel my service I will change my CC on file a month before to a Shop Safe number, which only allows up to a date I set or an amount I set. That way they can't charge me something I don't owe them.
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11-15-2009, 09:09 PM
| | SatelliteGuys Regular | | Join Date: Nov 11th, 2004 Location: Sunny South
Posts: 426
| | Quote:
Originally Posted by meStevo
<lots of text deleted>
ETFs help recoup an investment, they'd much rather have you as a customer for the same period of time, afterall, that's much more than the $20/mo they're charging. | Just for the record, what is your interest in D*? Do you work for them? Have stock in them? Just wondering........
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