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Guest Message by DevFuse

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86 year old dementia patient must pay $400


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103 replies to this topic

#1 OFFLINE   timothy2001

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Posted 27 March 2013 - 08:56 PM

I am a Direct TV subscriber whose contact is up in June. My wife's 86 year old Uncle who had just signed up with Direct TV became ill and can no longer care for himself and his 55 year old Autistic son. Cross county move from PA to Tx so we can care for them, sell their house etc etc. and Direct TV is forcing him to pay his termination fee. I just boxed up the two receivers and sent them back today.

Sure its the contract but there really should be exceptions, I called and the customer service person said that's the way it is.

Frankly it's pretty crappy, he is not capable of making any financial decisions we do all of that for him now but DTV is going to get their $400. This is the company we are doing business with.

Tim

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#2 OFFLINE   Combat Medic

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Posted 27 March 2013 - 09:00 PM

Has he been legally found to not be of sound mind? If so he can't agree to a contract.

#3 OFFLINE   Davenlr

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Posted 27 March 2013 - 09:01 PM

Get his doctor to document his inability to make financial decisions at the time of the contract, and depending on the laws of the state he signed the contract in, it could be found to be void. Definitely something worthy of considering arbitration over.

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#4 OFFLINE   west99999

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Posted 27 March 2013 - 09:04 PM

I am a Direct TV subscriber whose contact is up in June. My wife's 86 year old Uncle who had just signed up with Direct TV became ill and can no longer care for himself and his 55 year old Autistic son. Cross county move from PA to Tx so we can care for them, sell their house etc etc. and Direct TV is forcing him to pay his termination fee. I just boxed up the two receivers and sent them back today.

Sure its the contract but there really should be exceptions, I called and the customer service person said that's the way it is.

Frankly it's pretty crappy, he is not capable of making any financial decisions we do all of that for him now but DTV is going to get their $400. This is the company we are doing business with.

Tim


DirecTV is a business. They sent a tech out to his home and installed the equipment, gave him all the equipment, etc... at no cost to him. This means they payed the technician to do this work. Why would they not recoup their money by making him pay for the work performed? If he was to fulfill his contract then they would recoup their money but since he is not then they charge an ETF. Seems logical to me and any other business in this case would do the same IMO.

#5 OFFLINE   gov

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Posted 27 March 2013 - 09:18 PM

Not quite the same circumstance, but my uncle was released from service commitment when he went to a long term care facility, just took a phone call.

The cell phone company was not very nice about it, but they finally came on board.

#6 OFFLINE   prospect60

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Posted 27 March 2013 - 09:26 PM

For all the things that get routed through VP Ellen's office this seems like a slamdunk of an exception. A little heart and sympathy from the big company -- they cancel contracts because of job transfers when you can't set up a new dish. It also sounds like a PR nightmare for a company to fight to collect from a man whose health issues make it impossible to use the service the way it was intended. This isn't something that somebody just changed their mind about and dumped a legit contract b/c they wanted a better deal with Time Warner.

Wouldn't you love to be the Local news Anchor doing the "On Your Side" report for this one? DirecTV only PR win in this situation is to cancel the ETF and if you get a senior manager in some Power Position I can't see how they could really push it even if they though they could.

Not sure but I think this is the most current email
ellen.filipiak@directv.com

Edited by prospect60, 27 March 2013 - 09:37 PM.


#7 ONLINE   jimmie57

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Posted 28 March 2013 - 05:38 AM

I am a Direct TV subscriber whose contact is up in June. My wife's 86 year old Uncle who had just signed up with Direct TV became ill and can no longer care for himself and his 55 year old Autistic son. Cross county move from PA to Tx so we can care for them, sell their house etc etc. and Direct TV is forcing him to pay his termination fee. I just boxed up the two receivers and sent them back today.

Sure its the contract but there really should be exceptions, I called and the customer service person said that's the way it is.

Frankly it's pretty crappy, he is not capable of making any financial decisions we do all of that for him now but DTV is going to get their $400. This is the company we are doing business with.

Tim


Thought / Question: Is it possible to turn your Subscription off and transfer their account to your address ?

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#8 ONLINE   studechip

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Posted 28 March 2013 - 06:23 AM

DirecTV is a business. They sent a tech out to his home and installed the equipment, gave him all the equipment, etc... at no cost to him. This means they payed the technician to do this work. Why would they not recoup their money by making him pay for the work performed? If he was to fulfill his contract then they would recoup their money but since he is not then they charge an ETF. Seems logical to me and any other business in this case would do the same IMO.


I would love to hear your position if it was your father that was ill and your brother the one that was autistic.

#9 ONLINE   studechip

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Posted 28 March 2013 - 06:24 AM

I am a Direct TV subscriber whose contact is up in June. My wife's 86 year old Uncle who had just signed up with Direct TV became ill and can no longer care for himself and his 55 year old Autistic son. Cross county move from PA to Tx so we can care for them, sell their house etc etc. and Direct TV is forcing him to pay his termination fee. I just boxed up the two receivers and sent them back today.

Sure its the contract but there really should be exceptions, I called and the customer service person said that's the way it is.

Frankly it's pretty crappy, he is not capable of making any financial decisions we do all of that for him now but DTV is going to get their $400. This is the company we are doing business with.

Tim


Send an email to Ellen Filipiak here: ellen.filipiak@directv.com She is in the office of the president. They are good at solving difficult problems. Maybe she can help.

#10 ONLINE   sigma1914

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Posted 28 March 2013 - 06:29 AM

Send an email to Ellen Filipiak here: ellen.filipiak@directv.com She is in the office of the president. They are good at solving difficult problems. Maybe she can help.


I was just about to say this. Their office gets stuff done.
If you stop responding to them or put them on ignore, then eventually they'll go away.

#11 OFFLINE   996911

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Posted 28 March 2013 - 06:32 AM

DirecTV is a business. They sent a tech out to his home and installed the equipment, gave him all the equipment, etc... at no cost to him. This means they payed the technician to do this work. Why would they not recoup their money by making him pay for the work performed? If he was to fulfill his contract then they would recoup their money but since he is not then they charge an ETF. Seems logical to me and any other business in this case would do the same IMO.


I'll play Devil's Advocate here with west99999 as well and give you my recent story.......

My grandmother just recently passed and named me executor of her estate. There were many services for which she was obligated to. I used the proceeds from her estate to pay all of her obligations before disbursing funds to her heirs.. I never thought "hmmmm, she's no longer able to pay her bills so I can ignore those."

However, I do agree wtih the others though that an email or phone call to the appropriate D* reps would be in order. Just make sure you have documentation, etc., so they can substantiate their decision instead of just taking your word.
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#12 OFFLINE   dpeters11

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Posted 28 March 2013 - 06:53 AM

I'm also sure in your case, it would be what she would have wanted, everything settled and obligations met. There is certainly a difference here, if the Uncle was signed up while he was suffering from dementia. A CSR should have the ability to send it up the chain to a supervisor who would handle contacting the Power of attorney, getting the necessary documentation, etc.

#13 OFFLINE   996911

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Posted 28 March 2013 - 06:56 AM

Agree 100%. Just playing Devil's Advocate (and also provided the case for talking to D* with documentation) since the OP stated that he became ill after signing up.
Cheers,
Ray Johnson

#14 OFFLINE   dpeters11

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Posted 28 March 2013 - 07:04 AM

I also hope a durable PoA or court appointed guardianship has already been done. I don't know for sure, but it could very well make the process a bit easier in situations like this.

#15 OFFLINE   CCarncross

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Posted 28 March 2013 - 10:35 AM

While I feel for the OP, it should still have to be paid....

#16 OFFLINE   raott

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Posted 28 March 2013 - 10:51 AM

While I feel for the OP, it should still have to be paid....


"Should" meaning what? Morally? Legally?

Do you think morally an 86 year old man should pay?

Do you think legally a person not of sound mind can enter into a contract?
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#17 OFFLINE   996911

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Posted 28 March 2013 - 11:06 AM

Do you think legally a person not of sound mind can enter into a contract?


How do ANY of us know that? The OP said that he became not was when entering into the contract.
Cheers,
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#18 OFFLINE   raott

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Posted 28 March 2013 - 11:11 AM

How do ANY of us know that? The OP said that he became not was when entering into the contract.


We don't, including ccarncross who automatically concluded it should be paid.
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#19 OFFLINE   CCarncross

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Posted 28 March 2013 - 11:21 AM

We don't, including ccarncross who automatically concluded it should be paid.


Its an obligation, it needs to be paid. If the 86 year old was not of sound mind when he signed up, his family should have stepped in sooner. This ain't charity...there's way too much of that crap in this country as it is. Accountability and responsibility for one's actions.

#20 OFFLINE   Upstream

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Posted 28 March 2013 - 11:32 AM

I'll play Devil's Advocate here with west99999 as well and give you my recent story.......

My grandmother just recently passed and named me executor of her estate. There were many services for which she was obligated to. I used the proceeds from her estate to pay all of her obligations before disbursing funds to her heirs.. I never thought "hmmmm, she's no longer able to pay her bills so I can ignore those."

However, I do agree wtih the others though that an email or phone call to the appropriate D* reps would be in order. Just make sure you have documentation, etc., so they can substantiate their decision instead of just taking your word.


I assume that although your grandmother wanted her obligations paid, she would have preferred that the money go to her heirs where her estate was not required to pay.

As executor, I hope you pushed back to ensure you were only making payments where there was a real obligation, and that the obligation did not cease upon your grandmother's death.




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