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My friend broke contract


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47 replies to this topic

#26 OFFLINE   maartena

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Posted 06 August 2012 - 11:58 AM

My friend said she left early cause every time it rains the signal would go out (I know lame) I told her to call them and they may send someone out and she said she did but they never would, she told me she was gonna cancel and I told her about the ETF and they would charge it to her card on file and she said it had expired but I think she canceled it once I told her.


Regardless of what her problems might be, this should not affect your referral discount, nor your credit in any way.

DirecTV will deal with her in getting the ETF and equipment back from her, and if she totally screws it up, that is her problem (and DirecTV's, although I would imagine the bad spot on her credit affects her a lot more than it will DirecTV).

So..... don't worry about it. Although might want to give her a lesson in how things affect your credit score. When buying a house in 2010, they discovered 1 late payment in 2005, and questioned it. I had simply forgotten, so no big deal in the end, but this kind of stuff (refusing to pay ETF, refusing to return equipment, etc, etc) can REALLY hurt you down the line.

Hope she doesn't plan on buying a car any time soon, because houses and cars..... are where they nail you for past credit problems more than anything.
[Disclaimer] The definition of "soon" is based solely on DirecTV's interpretation of the word, and all similarities with dictionary definitions of the word "soon" are purely coincidental and should not be interpreted as a time frame that will come to pass within a reasonable amount of time.

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#27 OFFLINE   billsharpe

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Posted 06 August 2012 - 12:27 PM

There's a lot of woulda, coulda, and shouda's going around in this thread.

I wouldn't necessarily call the friend a deadbeat. She couldn't get a decent signal a lot of the time and decided to cancel. Did she give DirecTV a chance to fix the problem? It's not clear from what's been posted so far.
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#28 OFFLINE   harsh

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Posted 06 August 2012 - 12:41 PM

Do you understand what a contract is?

Are you absolutely certain that you understand the difference between a contract and a commitment (the term DIRECTV uses to represent the arrangement)?

Too often we enjoy the comfort of opinion without the discomfort of thought. -- JFK


#29 OFFLINE   Laxguy

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Posted 06 August 2012 - 12:43 PM

There's a lot of woulda, coulda, and shouda's going around in this thread.

I wouldn't necessarily call the friend a deadbeat. She couldn't get a decent signal a lot of the time and decided to cancel. Did she give DirecTV a chance to fix the problem? It's not clear from what's been posted so far.


I haven't called her a deadbeat, but the decent signal was merely said (second hand) to have a problem with rain fade.
If she cancelled her credit card (as the OP surmises) in order to beat DIRECTV® in charging it for ETF or equipment, that does sound a bit like that term..... though not necessarily.
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#30 OFFLINE   Laxguy

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Posted 06 August 2012 - 12:45 PM

Are you absolutely certain that you understand the difference between a contract and a commitment (the term DIRECTV uses to represent the arrangement)?


I'm not clear on what differences there might be between those two terms in context of this discussion.

What are they?
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#31 OFFLINE   harsh

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Posted 06 August 2012 - 12:49 PM

Likely just a poor mounting job that caused an alignment issue.

There are areas of the country that suffer HD signal issues that cannot be completely cured with a proper installation. The South Atlantic and Gulf coasts and the Great Lakes region suffer these conditions quite frequently in the Summer.

Too often we enjoy the comfort of opinion without the discomfort of thought. -- JFK


#32 OFFLINE   harsh

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Posted 06 August 2012 - 01:11 PM

I'm not clear on what differences there might be between those two terms in context of this discussion.

See the following link substituting the term "commitment" for "agreement".

http://wiki.answers....t_and_agreement

In the context of this discussion, it may be difficult to legally enforce a commitment where the the enforceability (and methods available) of a contract is clearly defined.

In the realm of modern litigation, parsing every word is how it is done.

Too often we enjoy the comfort of opinion without the discomfort of thought. -- JFK


#33 OFFLINE   Laxguy

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Posted 06 August 2012 - 01:19 PM

See the following link substituting the term "commitment" for "agreement".

http://wiki.answers....t_and_agreement

In the context of this discussion, it may be difficult to legally enforce a commitment where the the enforceability (and methods available) of a contract is clearly defined.

In the realm of modern litigation, parsing every word is how it is done.


Sorry, no. Without specific analysis of an agreement, you cannot tell if it's enforceable or not; it may well be. And not all contracts are enforceable, as they may be defective in any number of ways.
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#34 OFFLINE   csgo

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Posted 06 August 2012 - 04:55 PM

I decided to check my state court files (Missouri) to see if DirecTV actually took anyone to court. I went back to 1998. There are a few cases where DirecTV (or a collection agency on their behalf) were the plaintiff, but I was surprised to see how many people have sued DirecTV. Quite a few were for property damage, employment discrimination, and even some by our Attorney General, but most were small claims.

I checked about a dozen small claims and DirecTV either didn't show up (default judgment) or lost. I didn't find a single one that DirecTV won. An eye opener.

#35 OFFLINE   Christopher Gould

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Posted 06 August 2012 - 06:21 PM

There are areas of the country that suffer HD signal issues that cannot be completely cured with a proper installation. The South Atlantic and Gulf coasts and the Great Lakes region suffer these conditions quite frequently in the Summer.


You got to be kidding.

#36 OFFLINE   bwaldron

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Posted 06 August 2012 - 06:27 PM

You got to be kidding.


What he said is true. There are locations seasonally more prone to fade, regardless of dish peaking.

Edited by bwaldron, 06 August 2012 - 06:51 PM.

HR23-700 --> Samsung UN65F6350AF LCD
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#37 OFFLINE   Pepe Sylvia

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Posted 06 August 2012 - 06:53 PM

From the Directv site.

REFERRAL OFFER

Limit 10 referrals per 12 consecutive month period. Offer ends 12/31/12. Referring customers must currently subscribe to the ENTERTAINMENT Package or above; OPTIMO MÁS or above; Jadeworld or any qualifying international service bundle, which shall include the PREFERRED CHOICE programming package. You must provide new DIRECTV customers with your DIRECTV account number. Referred customers must sign up for service & hardware using the phone number provided (1-866-443-8869) and mention your DIRECTV account number at the time of order. They must order their leased system by 12/31/12 & activate the ENTERTAINMENT package ($54.99/mo.) or above; OPTIMO MÁS ($46.99/mo.) or above; Jadeworld® or any qualifying international service bundle, which shall include the PREFERRED CHOICE programming package ($41.99/mo.), within 30 days with required programming commitment at time of activation. You & your referred customer will each receive 10 nonrefundable/non-transferable credits of $10 each over 10 DIRECTV billing cycles, totaling $100. Allow 6 to 8 weeks after activation for credits to post to accounts. Determination of program eligibility and qualifying referrals, as well as any exceptions, are at the sole discretion of DIRECTV. DIRECTV reserves the right to verify and adjust credits at any time prior to or following posting and redemption. May not be combined with any other DIRECTV offers. Any balance will carry forward on your DIRECTV bill until credit is exhausted. Offer not transferable or redeemable for cash. Accounts for both the referring customer and the referred friend must remain active and in good standing, as determined by DIRECTV in its sole discretion, to receive credits. Commercial accounts/customers not eligible. DIRECTV reserves the sole right to modify, suspend, or cancel this referral program at any time without notice. Visit directv.com/refer for more information. Programming, pricing, terms and conditions subject to change at any time. Pricing residential. Taxes not included. Receipt of DIRECTV programming subject to DIRECTV Customer Agreement; copy provided at directv.com/legal and in first bill. ©2012 DIRECTV, LLC. DIRECTV and the Cyclone Design logo are registered trademarks of DIRECTV, LLC. All other trademarks and service marks are property of their respective owners.


#38 OFFLINE   harsh

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Posted 06 August 2012 - 11:31 PM

You got to be kidding.

You've got to be kidding. Ask anyone who was trying to watch DIRECTV HD from Iowa eastward through Pennsylvania during the storms last week.

Other recent instances (with recent installs/repoints)

http://www.dbstalk.c...&highlight=fade

http://www.dbstalk.c...&highlight=fade

Too often we enjoy the comfort of opinion without the discomfort of thought. -- JFK


#39 OFFLINE   Mike Bertelson

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Posted 07 August 2012 - 05:59 AM

Are you absolutely certain that you understand the difference between a contract and a commitment (the term DIRECTV uses to represent the arrangement)?


See the following link substituting the term "commitment" for "agreement".

http://wiki.answers....t_and_agreement

In the context of this discussion, it may be difficult to legally enforce a commitment where the the enforceability (and methods available) of a contract is clearly defined.

In the realm of modern litigation, parsing every word is how it is done.

Are you seriously trying to say that the User/Lease Agreement isn't a contract?

The word “contract” is actually used in the User Agreement so I would suggest you read it. It is not a commitment but rather the programming commitment is one of the terms of the contract.

Heck, section four is titled “Changes in Contract Terms”. No ambiguity as to what the intent is there.

How enforceable is it? I’m not a lawyer so I don’t have a clue but I suspect that, as with any contract, there are legal means to fight any or all the terms.

It’s very misleading on your part to imply it’s not a contract and may actually be akin to giving legal advice. Unless you’re a lawyer and licensed in every state I suggest you be very careful with the “legal” interpretations you post.

Let me be clear so everyone here understands. Unless you contact a lawyer in your state and (s)he tells you otherwise, the User and Lease Agreements should be considered binding contracts. If you read the paperwork you signed for the installer you will see you agreed to the terms of the User/Lease Agreements.

Mike

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Since it costs 1.66¢ to produce a penny, my 2¢ worth is really 3.32¢ worth.  That 3.32¢ is my own and not the 3.32¢ of DIRECTV, Dish, or anyone else for that matter.


#40 OFFLINE   harsh

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Posted 07 August 2012 - 08:30 AM

Are you seriously trying to say that the User/Lease Agreement isn't a contract?

I am calling it into question and providing a link to a website that provides supporting information for my suspicion. The only implication is that it may be worth looking into.

The word “contract” is actually used in the User Agreement so I would suggest you read it. It is not a commitment but rather the programming commitment is one of the terms of the contract.

While the word is used only once, it isn't used to directly describe the relationship between DIRECTV and the subscriber. A change in wording of the type of document probably doesn't make it stronger; rather it suggests some sloppy updating from when the relationship was actually called a contract.

It’s very misleading on your part to imply it’s not a contract and may actually be akin to giving legal advice. Unless you’re a lawyer and licensed in every state I suggest you be very careful with the “legal” interpretations you post.

As dearly as you would love to tag me with something like that, I offered no definitive statement one way or the other and left it to the individual to decide, based on the criteria on the website, whether they think it qualifies as a contract. I simply pointed out that it "may be" difficult to enforce; largely because it doesn't call itself a contract but also because it doesn't seem to me that all of the criteria for a contract are met.

I would point out that the ELA does NOT contain the word "contract". It also states that the ELA is separate and apart from any other agreements you may have made. Your association of the two seems unwarranted. Yhe Customer Agreement says you can disagree with the terms and DIRECTV will break it at that point while the ELA has no such escape clause. The Customer Agreement also references "other service agreement" which doesn't appear in the ELA and is decidedly different language from "programming commitment".

Too often we enjoy the comfort of opinion without the discomfort of thought. -- JFK


#41 OFFLINE   Laxguy

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Posted 07 August 2012 - 09:11 AM

You really sound like you're in a position of authority regarding legal interpretations of documents pertaining to DIRECTV® accounts.

Re-read my post and come up with a smart deflection of that one.....
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#42 OFFLINE   Mike Bertelson

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Posted 07 August 2012 - 09:49 AM

<snip>It also states that the ELA is separate and apart from any other agreements you may have made. Your association of the two seems unwarranted. <snip>

You are incorrect. The very first paragraph of the Equipment Lease Agreement states...

The Customer Agreement, together with this ELA, comprise the terms of your service agreement with DIRECTV. Please be sure to read and keep copies of both.


As you can see it specifically states that the ELA and Customer Agreement comprise the complete TOS for DIRECTV service. There is no ambiguity what so ever. There is no assumptions to be made. I suggest you read both agreements before making such unwarranted comments.

Additionally, the courts have consistently upheld such agreements as binding.

There doesn’t seem to be anything to in either the User or Lease Agreements that applies to the topic. However, Pepe Sylvia’s posts (Link) implies that there’s a potential that the OP could lose the discount. I wonder what length of time constitutes an account that is “active and in good standing”.

Mike

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Since it costs 1.66¢ to produce a penny, my 2¢ worth is really 3.32¢ worth.  That 3.32¢ is my own and not the 3.32¢ of DIRECTV, Dish, or anyone else for that matter.


#43 OFFLINE   maartena

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Posted 07 August 2012 - 09:58 AM

You got to be kidding.


No... signal reception of any kind can be influenced by weather, sun spots, the angle of the signal coming in vs the amount of sunlight coming in from a different angle, how much rain falls 50 miles south of you while you are sitting in the yard with sunshine looking at the clouds in the distance wondering why *you* aren't getting a signal....

It isn't "cut and dry" really. I know we have come to expect that technology serves us human masters for the full 100% all of the time, but reality is that weather has it influences on many many things.

I don't know how old you are, but if you ever listen to AM radio.... ever noticed that when you had the radio sitting on the kitchen counter the signal would come in fine, and then one day it would not.... but you would move it to the living room window and it would be clear again? Ground signals bounce around a lot, clouds/weather have different effects, satellite is a lot better than terrestrial type signals but it still has weather related, and/or seasonal related issues.
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#44 OFFLINE   csgo

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Posted 07 August 2012 - 03:37 PM

DirecTV has their fanboy internet lawyers out in force on this site as usual. I doubt if any have the first clue of what a contract is... or in this case an untenable agreement that would have us believe that anyone can agree to a contract that gives one party authority for unilateral changes. It's a worthless bunch of garbage that is used to take advantage of people that won't exercise their rights. But it is interesting to note how DirecTV makes sure the internet lawyers keep drinking their kool-aid.

#45 OFFLINE   Stuart Sweet

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Posted 07 August 2012 - 04:47 PM

OK, let's please back off the rhetoric. There's no reason to be rude.

If you don't like your customer agreement, your options are limited. You can enter into arbritration, you can simply pay the early termination fee and be done. Or you can come to a fan forum and vent, that's fine too.

However, you may not accuse others or be uncivil. Thanks.
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#46 OFFLINE   Shades228

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Posted 07 August 2012 - 06:36 PM

I guess I'll be clearer than I was before.

Once the discounts start applying to the account there is no longer any validation that is required to keep the credit going. The only way the credit would be removed is if the account receiving the discount were to have service interuption, a request to disconnect service, or a complete disconnect. In some cases the credit may re-apply after said interuption but you would want to ask about it specifically.

#47 OFFLINE   Rich

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Posted 08 August 2012 - 11:44 AM

I sold an iPad2 on eBay a few months ago. You know the line that says by bidding and winning this item you enter into a binding CONTRACT with the seller and eBay?

The guy who bought the iPad immediately sent me a message after the auction ended stating firmly that he had no intention of paying for it. Went back and forth with him and finally let eBay take care of the matter. After all, they are the ones who say you are entering into a binding CONTRACT when you bid and win.

What happens? Nothing. Turns out eBay has no recourse but to block the buyer from the site. That was all they could do.

Called my lawyer and he asked me if $400 was really that important to me that I'd take the buyer (he lives in NJ, too) to court for it.

Nixed that idea and gave the iPad to my son who uses it constantly, but the whole thing raises questions in my mind about "contracts".

Rich

#48 OFFLINE   rgs825

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Posted 08 August 2012 - 11:58 AM

If it matters any, my friend broke wind the other day at choir practice. Was a right stinker it was. :barf:




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