Moving to an apartment

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cybertrip

cybertrip

Thread Starter
SatelliteGuys Pro
Oct 9, 2005
227
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Mojave Desert
I'm going to be moving to a new apartment in less than a month and I have already picked the apartment that I want. It's close to the pool/laundry room. The perfect room. The only problem is that my balcony/windows face towards the North. The management will not allow a dish to be mounted to the building in any way or allow any external wiring of any kind. Also, no dishes in any common areas like in an open space, near sidewalks, etc. This means my only option is cable. I am in a 2 years contract with DirecTV and I will no longer be able to receive their signal. Does anyone know if I will be forced to buy out of my contract or will they allow me to cancel due to my inability to receive the signal. The only reason I am even considering keeping this apt is because the local cable co is now offering HD and I just bought a new DLP TV.
 
cybrsurfer

cybrsurfer

SatelliteGuys Family
Oct 31, 2006
90
0
Springfield, MA
It's likely the only way to get it is to have a view to southeastern sky...

I was just wondering if anyone else had a similar experience.

You should have gotten an apartment with a balcony view to the southeastern sky unobstructed. It's okay for apartment dwellers to use the balcony to mount a dish.

Some apartment complex owners have set up a Big Dish for tenants to use for getting DirecTV and Dishnetwork. They have prewired the apartments for wiring that can be customized for either network. Other apartment complex managers have offered free cable (basic) to convince customers not to use DirecTV or Dish.
 
damaged

damaged

SatelliteGuys Pro
Jun 22, 2005
2,605
1
South of Heaven
I was just wondering if anyone else had a similar experience.

Everyone gets the same contract, experiences would mirror the contract terms they should have provided you upon installation, below is the parts in question.

http://www.directv.com/DTVAPP/global/contentPageNR.jsp?assetId=P400042


Section 1d:
"1(d) (...) You always have the right to cancel your Service, in whole or in part, if you do not accept the change (see Section 5). If you cancel your Service, a deactivation fee (described in Sections 2 & 5(b)) or other charges may apply. Credits, if any, to your account will be posted as described in Section 5. If you do not cancel, your continued receipt of our Service will constitute acceptance."

Specifics can be found in Sections 2 (too long to post) & 5(b) (included below).

"5(b) Your Cancellation. You may cancel Service by notifying us. You may be charged a deactivation fee as described in Section 2 and issued a credit as described below. Your notice is effective on the day we receive it. You will still be responsible for payment of all outstanding balances accrued through that effective date. In addition to any deactivation or change of service fees provided in Section 2, if you cancel Service or change your Service package, you may be subject to an early cancellation fee if you entered into a separate programming commitment with DIRECTV in connection with obtaining Receiving Equipment, and have failed to maintain the required programming package for the required period of time."
 
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cybertrip

cybertrip

Thread Starter
SatelliteGuys Pro
Oct 9, 2005
227
0
Mojave Desert
That's all I needed to know. Thanks for the info. I guess I will have to pay them $270 and give them all their equipment back. Maybe I can convince the management to some how get a dish for the whole complex. Hell I'd pay for it myself. All the equipment would cost as much as the cancellation fee.
 
cybrsurfer

cybrsurfer

SatelliteGuys Family
Oct 31, 2006
90
0
Springfield, MA
I don't think your on the hook for the cost, if you cant get a signal...

That's all I needed to know. Thanks for the info. I guess I will have to pay them $270 and give them all their equipment back. Maybe I can convince the management to some how get a dish for the whole complex. Hell I'd pay for it myself. All the equipment would cost as much as the cancellation fee.

I'm fairly certain that you have no cost, since your unable to get a signal. It's not your fault the apartment complex doesn't offer the Dish. It's not at your expense. I would not pay them a penny. If you were a customer at a prior address, you can get out of the contract legally if the new address cannot get the signal.
 
damaged

damaged

SatelliteGuys Pro
Jun 22, 2005
2,605
1
South of Heaven
I'm fairly certain that you have no cost, since your unable to get a signal. It's not your fault the apartment complex doesn't offer the Dish. It's not at your expense. I would not pay them a penny. If you were a customer at a prior address, you can get out of the contract legally if the new address cannot get the signal.

IANAL, but it seems to me, that at install time, and the time of signing the cvontract, the customer _could_ get signal at the residence, and they installed at, it is the customers fault for moving to a place where he cannot, if what you say applies, then anyone could get out of their D* contract scott-free simply by moving somewhere on purpose that cannot get the signal.
 
cybrsurfer

cybrsurfer

SatelliteGuys Family
Oct 31, 2006
90
0
Springfield, MA
Yes you can get out of it in fact if you move ...

IANAL, but it seems to me, that at install time, and the time of signing the cvontract, the customer _could_ get signal at the residence, and they installed at, it is the customers fault for moving to a place where he cannot, if what you say applies, then anyone could get out of their D* contract scott-free simply by moving somewhere on purpose that cannot get the signal.

DirecTV will allow you out of the contract if you move, and your new address cannot get a signal. If in doubt call DirecTV and they will confirm.:)

No programming provider can charge a customer for services if they cannot be provided. The contract doesn't say anything about you being locked in if you move to any address that cannot get a signal.

I'm sorry DirecTV is not a higher power, no contract can contradict a law.
 
damaged

damaged

SatelliteGuys Pro
Jun 22, 2005
2,605
1
South of Heaven
DirecTV will allow you out of the contract if you move, and your new address cannot get a signal. If in doubt call DirecTV and they will confirm.:)

No programming provider can charge a customer for services if they cannot be provided. The contract doesn't say anything about you being locked in if you move to any address that cannot get a signal.

I'm sorry DirecTV is not a higher power, no contract can contradict a law.

And which law is that? Can you provide a reference for me to learn from?

Of course I am not saying it is impossible that D* will let one out of contract for this reason, but it seems to me it is at D* discretion.

I do not buy that there is a law that states that D* has to give up its contract because the customer changed the terms (by moving to a place with no possibility of service).
 
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cybrsurfer

cybrsurfer

SatelliteGuys Family
Oct 31, 2006
90
0
Springfield, MA
For Federal Regs go to FCC website and research, also check you state website ...

And which law is that? Can you provide a reference for me to learn from?

Of course I am not saying it is impossible that D* will let one out of contract for this reason, but it seems to me it is at D* discretion.

Each state, has specific on these contracts, regardless of whether it's DirecTV or whatever... so do research on your states website for protection laws. Also FCC rules and laws take precedence over any state laws. So go to FCC and do a search for details.
 
damaged

damaged

SatelliteGuys Pro
Jun 22, 2005
2,605
1
South of Heaven
Each state, has specific on these contracts, regardless of whether it's DirecTV or whatever... so do research on your states website for protection laws. Also FCC rules and laws take precedence over any state laws. So go to FCC and do a search for details.

Nowhere does it stipulate that if a customer does something which prevents themselves from getting service, that a provider MUST let them scott-free out of their contract.

It is you who have the onus of providing data to backup your statements, I have provided mine to back mine up, it seems you are unable to, therefore, I posit you are just going by what you think 'is the right thing to do', but the law does not work that way.
 
cybrsurfer

cybrsurfer

SatelliteGuys Family
Oct 31, 2006
90
0
Springfield, MA
Each state has it's own consumer site... I don't know where you live...

Nowhere does it stipulate that if a customer does something which prevents themselves from getting service, that a provider MUST let them scott-free out of their contract.

It is you who have the onus of providing data to backup your statements, I have provided mine to back mine up, it seems you are unable to, therefore, I posit you are just going by what you think 'is the right thing to do', but the law does not work that way.

Apparently your in heaven so I couldn't possibly post every states consumer protection site. Consumers are never locked into any contract for good. You will have to be an educated consumer, I can't hold your hand. I can say that mover can get out of his contract without penalty, it's certainly okay for me to let him know it's not set in stone.
 
damaged

damaged

SatelliteGuys Pro
Jun 22, 2005
2,605
1
South of Heaven
Apparently your in heaven so I couldn't possibly post every states consumer protection site. Consumers are never locked into any contract for good. You will have to be an educated consumer, I can't hold your hand.

I'm, in heaven? Ok.

What does consumer protection have to do with this? The customer moved, of their own free will, to an apartment that obviously could nbever get a signal, something completely out of control of D*, and it is D*s fault?

DirecTV did nothing to violate the contract, it is up to them whether or not and how much or not the customer owes (if anything), then, if the customer has issues, they may try and file a claims suit or whatever, however, based on the wording of their contract, and the failure of the customer to mitigate damages (did not get an apartment with a southern exposure), I just don't see it.


Again, please, show me where it says, for any state anywhere EVER that states what you are saying.
 
cybrsurfer

cybrsurfer

SatelliteGuys Family
Oct 31, 2006
90
0
Springfield, MA
Just because a contract is written doesn't mean it's valid completely...

I'm, in heaven? Ok.

What does consumer protection have to do with this? The customer moved, of their own free will, to an apartment that obviously could nbever get a signal, something completely out of control of D*, and it is D*s fault?

DirecTV did nothing to violate the contract, it is up to them whether or not and how much or not the customer owes (if anything), then, if the customer has issues, they may try and file a claims suit or whatever, however, based on the wording of their contract, and the failure of the customer to mitigate damages (did not get an apartment with a southern exposure), I just don't see it.


Again, please, show me where it says, for any state anywhere EVER that states what you are saying.

Boy if you think every contract is the bible then it's hopeless to explain it to you. I'm correct to say that a consumer can get out of any contract when services can no longer be provided. What can DirecTV still continue to bill someone at the package they had before they moved until when? they Die and go to heaven?
:hatsoff:
 
damaged

damaged

SatelliteGuys Pro
Jun 22, 2005
2,605
1
South of Heaven
Boy if you think every contract is the bible then it's hopeless to explain it to you. I'm correct to say that a consumer can get out of any contract when services can no longer be provided. What can DirecTV still continue to bill someone at the package they had before they moved until when? they Die and go to heaven?
:hatsoff:

Yea, ok.
 
boba

boba

SatelliteGuys Master
Dec 12, 2003
11,350
1,033
Dorchester, TX.
Call and ask Directv they are the other party to the contract not us.
As stated in post number 2 CALL DIRECTV
they and the OP are the partys to this contract and the only 2 that can make decisions.:) :)
 
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