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86 year old dementia patient must pay $400


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103 replies to this topic

#21 OFFLINE   Hoosier205

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Posted 28 March 2013 - 11:36 AM

It's called a commitment for a reason.
DTV = Digital Television

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#22 OFFLINE   996911

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Posted 28 March 2013 - 11:43 AM

Bailing out of this discussion as this is turning into a moral versus legal argument.
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#23 OFFLINE   CCarncross

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Posted 28 March 2013 - 11:51 AM

Bailing out of this discussion as this is turning into a moral versus legal argument.


Not moral vs legal anything, its a moral AND legal obligation to pay the bill...

#24 OFFLINE   peds48

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Posted 28 March 2013 - 12:21 PM

Playing Devil'Ss Advocate here as well. a contract is a contract. if they open "loop holes" for "special situations" then folks would start to abuse them. If a contract can be voided under "special circumstances" what wold prevent someone who lost their job to just call and say they need to null their contract because they can't fulfill it…
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#25 OFFLINE   studechip

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Posted 28 March 2013 - 12:28 PM

IF he was unable to understand the contract when he signed it, then he can't be held liable for it. We have no where near enough information to have an intelligent conversation about it.

#26 OFFLINE   billsharpe

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Posted 28 March 2013 - 12:28 PM

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.


Cold-blooded logic, I'd say, and I hope all other businesses would not do the same.

I suspect, though, that the case has to go higher than a CSR.
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#27 OFFLINE   Lugnut

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Posted 28 March 2013 - 12:53 PM

I work in the Office of the President where those emails are routed. Please PM with your account information if you aren't able to get this settled through that email address provided.
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#28 OFFLINE   peds48

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Posted 28 March 2013 - 12:55 PM

The CSRs are supposed to explain (mention) to new customers the 2 year commitment. If I am not mistaken, there is also a recorded that is play back to customers advising of such. If he was able to understand that and singed for the contract then he's liable for the contract
Here’s to the crazy ones.
The misfits. The rebels.
The the troublemakers.
The round pegs in the square holes.

The ones who see things different.
They’re not fond of rules, and they have no respect for the status quo.


Think Differently 

#29 OFFLINE   Barcthespark

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Posted 28 March 2013 - 01:46 PM

The CSRs are supposed to explain (mention) to new customers the 2 year commitment. If I am not mistaken, there is also a recorded that is play back to customers advising of such. If he was able to understand that and singed for the contract then he's liable for the contract


I guess you don't really believe what you say in your signature, eh?

#30 OFFLINE   Volatility

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Posted 28 March 2013 - 11:37 PM

Cold-blooded logic, I'd say, and I hope all other businesses would not do the same.

I suspect, though, that the case has to go higher than a CSR.


I assure you as a company as a whole, we are not like that. If I had gotten that call, I would of escalated it to someone higher than me to see about waiving that fee. We use a chat room and I would of known the answer within minutes. Apologies if someone fell flat. The OP should contact the Office of the President like stated earlier to get this resolved.

#31 OFFLINE   Tom Robertson

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Posted 29 March 2013 - 12:13 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


First and most important is, I'm sorry for your wife and family. I hope there still can be joy, though it sometimes might be difficult.

Now as I read the original post, he signed up, then became ill. Was he of sound mind when he signed up? A small point because...

In my way of thinking this is a case where a vendor makes more hay in the long run by eating the cost and forgiving the ETF. Sure, DIRECTV has every "right" to claim the fees, but that doesn't make it wise.

Balancing some of this out is verification. If every deadbeat knew that to skip the ETF, just claim something outrageous. (Note, I absolutely not, in any way, saying your uncle-in-law is skipping out!)

So what I would expect is the CSR might have to, politely, transfer the case to someone who can do the right things. Or that an advanced script could be created for the front line CSRs.

Now for my nearly fanboy statement. The people I've worked with and talked to are very customer focused. And I believe would find a way to do the right thing. So I also encourage you to send a note to Ellen Filipiak.

Peace,
Tom

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#32 OFFLINE   Hoosier205

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Posted 29 March 2013 - 12:16 AM

First and most important is, I'm sorry for your wife and family. I hope there still can be joy, though it sometimes might be difficult.

Now as I read the original post, he signed up, then became ill. Was he of sound mind when he signed up? A small point because...

In my way of thinking this is a case where a vendor makes more hay in the long run by eating the cost and forgiving the ETF. Sure, DIRECTV has every "right" to claim the fees, but that doesn't make it wise.

Balancing some of this out is verification. If every deadbeat knew that to skip the ETF, just claim something outrageous. (Note, I absolutely not, in any way, saying your uncle-in-law is skipping out!)

So what I would expect is the CSR might have to, politely, transfer the case to someone who can do the right things. Or that an advanced script could be created for the front line CSRs.

Now for my nearly fanboy statement. The people I've worked with and talked to are very customer focused. And I believe would find a way to do the right thing. So I also encourage you to send a note to Ellen Filipiak.

Peace,
Tom


The only right thing to do is pay what is owed rather than passing it off to be absorbed by others.
DTV = Digital Television

#33 OFFLINE   Tom Robertson

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Posted 29 March 2013 - 12:21 AM

The only right thing to do is pay what is owed rather than passing it off to be absorbed by others.


That would be one opinion. Not a very polite or nice one. Many companies understand that good will generates more income. And bad will, hard line tactics gain a few hundred dollars. Penny wise, dollar foolish.

Peace,
Tom

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#34 OFFLINE   Hoosier205

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Posted 29 March 2013 - 12:36 AM

Not a very polite or nice one.


No need for the personal attacks Tom.

Consumers need to honor their commitments if they want to ask the same of those they do business with. I'd rather they not come to places like this and be instructed on how to avoid it. I pay my bills and I expect others to as well.
DTV = Digital Television

#35 OFFLINE   dpeters11

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Posted 29 March 2013 - 05:52 AM

Should someone that finds that they cannot get DirecTV service after a move have to pay the ETF? What about Lord Vader if he hadnt fought his complex management so hard? There are several cases where waiving the ETF might make sense. Directv doesn't want to make a run for Consumerist's Worst Company in America. They already beat out Dish.

#36 OFFLINE   n3vino

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Posted 29 March 2013 - 06:20 AM

Playing Devil'Ss Advocate here as well. a contract is a contract. if they open "loop holes" for "special situations" then folks would start to abuse them. If a contract can be voided under "special circumstances" what wold prevent someone who lost their job to just call and say they need to null their contract because they can't fulfill it…

Losing a job is a financial problem. Demencia is an illness. Special circumstances require proof, so I don't think they would be abused. If a person dies, proof is needed. If a person is sick, proof is needed. Losing a job is a problem which in many cases requires a person to file bankruptcy which also requires proof.

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#37 OFFLINE   242424

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Posted 29 March 2013 - 07:17 AM

Just don't pay it and request it be tacked on to Hoosier205's bill since he's worried about the rest of us.

#38 OFFLINE   studechip

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Posted 29 March 2013 - 07:17 AM

No need for the personal attacks Tom.

Consumers need to honor their commitments if they want to ask the same of those they do business with. I'd rather they not come to places like this and be instructed on how to avoid it. I pay my bills and I expect others to as well.


So if the man was already affected by the dementia and didn't know what he was doing, you think legally and morally that the contract show be honored?

#39 OFFLINE   adkinsjm

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Posted 29 March 2013 - 07:20 AM

No need for the personal attacks Tom.

Consumers need to honor their commitments if they want to ask the same of those they do business with. I'd rather they not come to places like this and be instructed on how to avoid it. I pay my bills and I expect others to as well.


LOL. Look at bankruptcy in be business world. It's all about not paying back what they owe.

#40 OFFLINE   peds48

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Posted 29 March 2013 - 07:23 AM

Losing a job is a financial problem. Demencia is an illness. Special circumstances require proof, so I don't think they would be abused. If a person dies, proof is needed. If a person is sick, proof is needed. Losing a job is a problem which in many cases requires a person to file bankruptcy which also requires proof.


That was an example, perhaps a bad one. The point is that once loop holes are created folks will exploit them. So if DirecTV put a disclaimer on their contract saying "under special circumstances contract can be voided, with proof" this will be an opportunity for anyone to get out of their contracts, with proof, which can be found anywhere on the net.
Here’s to the crazy ones.
The misfits. The rebels.
The the troublemakers.
The round pegs in the square holes.

The ones who see things different.
They’re not fond of rules, and they have no respect for the status quo.


Think Differently 




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