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View Full Version : I want out! Can I?


Jrdry
01-04-07, 12:58 PM
I got my HR20 at Costco so I know I can get the refund from them. I've had my DTV service and HR20 since October, nothing but problems, missed recordings, sound issues, and red button resets. I want to cancel and go back to cable. Any idea if this will be a problem??

Earl Bonovich
01-04-07, 12:59 PM
All you can do is call.

You will have to get DirecTV to let you out of your 2 year contract.

sgrimess
01-04-07, 01:13 PM
you might have to get Directv to let you out of your contract, but I would think Costco would take back your box, they take back just about anything in my experience.

marksman
01-04-07, 01:58 PM
you might have to get Directv to let you out of your contract, but I would think Costco would take back your box, they take back just about anything in my experience.

Although I think they have majorly revamped return policies and they may have gone into effect the first of this year. Apparently they realized it was not good business to let people buy multiple thousand dollar tvs and then return them for a full refund 5 or 6 years down the road.

hdtvfan0001
01-04-07, 01:59 PM
Shouldn't your original thread question be asked of DirecTV and not anyone here?

They own the agreement.

kintaro
01-04-07, 02:02 PM
I don't think Costco will accept a return on the HR20. I got mine for Christmas and I returned it to Costco (after Directv offered me the HR20 for free) and they kept asking if it was activated. Luckily I never opened the box, but like 4 people at the Costco Return desk asked the same thing. I asked them about that and they said they wouldn't accept the return if it was activated.

Earl Bonovich
01-04-07, 02:03 PM
Costco has DRASTICALLY changed their return policy over the last year.

islesfan
01-04-07, 02:42 PM
Your contract is based upon D* providing a service, and you paying for it. They are not providing the service, therefore...

It would be like buying an extended service policy for your car. If the dealer refuses to fix your car, you should be able to cancel your contract. (I recently had this argument with Sprint, and they were going to let me out of my agreement, but then they managed to mostly fix the problem.)

Doug Brott
01-04-07, 02:45 PM
Call and find out. I have to believe with a little effort that you can accomplish this. As an internal support person for a small company, I will say, though that a CSR is going to appreciate a well thought out, well spoken conversation much more than a rant. Be nice and explain your position and you stand a better chance. Give them some time (a month?) to fix the problem and I'd bet your odds go up dramatically.

NYHeel
01-04-07, 03:04 PM
Costco has DRASTICALLY changed their return policy over the last year.

Do you have a link with that? I just looked at their website and they still indicated that they have a 100% satisfaction guaranteed policy. The only exception was 6 months on computers.

I agree that simply returning to upgrade is wrong but if the TV genuinely breaks within the first few years I think it's morally ok to return to Costco.

Just J
01-04-07, 03:16 PM
...a CSR is going to appreciate a well thought out, well spoken conversation much more than a rant. Be nice and explain your position and you stand a better chance. Give them some time (a month?) to fix the problem and I'd bet your odds go up dramatically.

I agree.

Wait long enough before calling to make it clear you aren't being unreasonable.
Be calm, cooperative, and patient.
Be firm and focused - the question is not "will you let me out?" but "since you're letting me out, what's the process and how do we get started? What do you need from me to move this forward?".

hasan
01-04-07, 03:27 PM
Exactly!

Blitz68
01-04-07, 04:16 PM
Shouldn't your original thread question be asked of DirecTV and not anyone here?

They own the agreement.

Amen brother

Tom Robertson
01-04-07, 04:26 PM
Shouldn't your original thread question be asked of DirecTV and not anyone here?

They own the agreement.

We are here to help our brethren in good times and bad.

HDTVsportsfan
01-04-07, 06:23 PM
Although I think they have majorly revamped return policies and they may have gone into effect the first of this year. Apparently they realized it was not good business to let people buy multiple thousand dollar tvs and then return them for a full refund 5 or 6 years down the road.

I wonder how long ittook them to figure that one out?:rolleyes:

Jrdry
01-04-07, 08:12 PM
We are here to help our brethren in good times and bad.
Thanks for the support!

I ask this here to see if anyone had any experience with doing this, maybe get a tip, or possibly get a direct number much like those folks that go straight to retention.

I have already planted the seed about a month ago with D* and they sent me to a customer retention rep that placated my concerns with free service, yet sitting down to watch a recorded show and having to do a red button because the show has no sound is getting VERY tiresome. You can give me all the free crappy stuff you want, but in the end isn't it still crap?

glennb
01-04-07, 08:37 PM
Even though you paid money for it at costco I'm pretty sure DIRECTV owns the box and you can't just return it to costco.

You're paying a monthly lease fee for the box.

If you bought the box without having to pay the monthly lease fee it would cost you $800-$1000.

If you called to cancel service all together and switched over to cable tv DIRECTV would tell you that you must return the HR20 to them.

Mixer
01-04-07, 08:51 PM
Id D* does not provide the service that they stated they would provide then i would think by all means anyone should be able to get out of it. However I would think that everyone should at least give them a chance to relplace a faulty box.

Good Luck in whatever you decide to do.

hasan
01-04-07, 09:11 PM
You are exactly right. The two year commitment means absolutely nothing if D* doesn't provide the consideration required for a legally binding contract. One would probably be required to allow them to remedy the situation a time or two, but without doubt, in the end, they would have to let you go at no cost to you whatsoever.

Consumers have rights. Contract law is quite specific (any first year law student would be able to explain it).

No one is "on the hook" as is so frequently stated throughout this forum. One would think these people got their education from P. T. Barnum. Just because D* says you have a 2 year committment, doesn't make it so. You only have that committment if D* delivers on their part of the contract. Once they don't (and have been given an opportunity to rememdy the situation and don't), THERE IS NO LONGER A CONTRACT.

So, please, drop the red-herring of a 2 year committment....if your box is junk and they can't remedy it, there is no such thing. Don't be played for a sucker.

glennb
01-05-07, 04:57 PM
I sure hope no one hires a lawyer to battle with DIRECTV not holding up their end of the commitment because a few shows didn't get recorded.

Jrdry
01-05-07, 05:01 PM
Even though you paid money for it at costco I'm pretty sure DIRECTV owns the box and you can't just return it to costco.

So what exactly was the $239 paid to costco for? If I got the box from D* would I have paid the same? Is the $239 like a sports season ticket license fee, i/e I pay for the priveledge of leasing the box?

marksman
01-05-07, 05:12 PM
I agree with Hasan. Even though my HR20 has worked very well for me so far, if you entered into a contract and did not receive consideration then you are not bound by the terms of the contract. You simply can't enter into a one-sided contract and make it stick.

So if you find your box completely unusable and you have gone to reasonable measures to work with DirecTV to rectify the situation, you will be able to get out of the contract depending on how hard they want to oppose you and you want to push it.

Too often I see people paralyzed by corporate contracts where Fortune 500 lawyers throw everything into a contract, knowing a lot of it would never be held up, or if contested in proper circumstances would not be upheld.

Being able to document your issues would go a long way to supporting your case, so anything you can do in that regards would help.

In the case of the 2 year extension, you are agreeing to that on the basis that they are providing you a usable HD-DVR. If the device is not usable by a reasonable person then you can't be held to the contract. Whether or not some missed recordings and reboots would meet that burden is anyone's guess.

I am not a lawyer and do not play one on tv or the internet.

hasan
01-05-07, 05:47 PM
Nevertheless, you are perfectly correct....and it doesn't take a lawyer on your side to figure it out. The important thing is that D* has lawyers on their side who will tell them the obvious: no consideration, no contract, give them what they ask for. It really is that simple. (of course, you do have to give them a "reasonable" chance to remedy, but given the problems some have had, it would be easy to demonstrate that you have been reasonable, and they have failed to provide consideration).

Jrdry
01-06-07, 11:51 AM
Update 1/6/07

Contacted D* and explained my situation, While going through the same mumbo jumbo...(Never heard of that before, let us send you a new unit, maybe DBSTalk.com is just for whiners, etc. etc.) I stood firm yet friendly, explained that it wasn't disatisfaction with D*, but with the HR20, and we came to a final conclusion that I would suspend service for 8 months, at which time I could resume or quit if the HR20 is not satisfactory.

As far as the box is concerned, it's like a car lease. You pay the $239-299 up front to use the $1000 box, but ownership remains with D*. I did not attempt a return to Costco as this would have set me up for a bill for the box from D*. I may, however, try to get the $239 back from D* in August if I don't resume service.

I really want the HR20 to work great and re-instate my D* service. I'm just too old and too A type personality to muck around with a box that's this quirky.

Thanks for those that helped, and bullocks to those that were jackazzes.

ecdc
01-06-07, 12:23 PM
So, please, drop the red-herring of a 2 year committment....if your box is junk and they can't remedy it, there is no such thing. Don't be played for a sucker.

This isn't necessarily true. I don't know how it works with D* since you are leasing the box from them. But I work for a cell phone company and I hear this argument often from customers: My phone doesn't work, you aren't providing your end of the contract and are therefore obligated to let me out of it.

Sorry, but it just isn't true. Granted, if your phone isn't working because of the service (ie, cell towers, switches, etc.) in your area, then you are exactly right and we will let you out of your agreement. However, 90% of the time, that's not the case. It's the phone itself that is defective or broken. If your phone is junk, that is ultimately the customer's responsibility. If you bought your phone from us, we'll happily replace it according to the manufacturer's warranty. But you can get a phone from any number of independent retailers, used on eBay, etc.

It may be different if D* is the *only* place you can get the HR20. But don't be surprised if you call and they tell you they're just going to send you another box. They are most likely under no obligation to let you out of the contract just because of one defective box. They're satellites are still working, your dish still receives the signal, and the picture comes through just fine - again, reason to just send you another box.

Disclaimer: I have not read the D* contract in detail, and I also am not a lawyer and have not played one on TV or the Internet, though I did watch a lot of L.A. Law.

Lightsluvr
01-07-07, 10:43 AM
Disclaimer: I have not read the D* contract in detail, and I also am not a lawyer and have not played one on TV or the Internet, though I did watch a lot of L.A. Law.

But did you stay at a Holiday Inn Express??? :grin:

LL

DblD_Indy
01-07-07, 12:51 PM
I got my HR20 at Costco so I know I can get the refund from them. I've had my DTV service and HR20 since October, nothing but problems, missed recordings, sound issues, and red button resets. I want to cancel and go back to cable. Any idea if this will be a problem??

Good Luck!

I tried and D*TV told me that since I activated the product I was still commited to the contract extension.

They gave me the offer to return the HR20 Unit at their expense (Shipping) but would not give me a credit for returning the unit or allow me out of the two year contract extension without going through the arbitration process.

I wish you the best!

Jrdry
01-07-07, 04:16 PM
Situation Resolved. See post #24

DblD_Indy
01-07-07, 05:59 PM
Situation Resolved. See post #24

Nice they were able to help you out. I wonder if it was due to the hundreds of us that called in the months past the made it easy for you to get a taken care of.

Tyrod
01-07-07, 06:15 PM
My feeling on this issue is there tends to be vast differences between what the law and court precedent says and what corporations practice. In the end, sometimes it's easier and cheaper just to concede the point rather than spend thousands on lawyers and courts only to win your point. This fact is not lost on corporations, in fact, they have come to depend on it. We live in a society that had become pro business and anti consumer. Additionally, in my experience with D*, I have found them to be the most arrogant of all corporations when it comes to dealing with the public. I believe they think they can make up the rules as they go along.

I'm not anti D* and have been a customer for many years, but they get alot of bad press.