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My friend broke contract

Discussion in 'DIRECTV General Discussion' started by CarolinaGuy79, Aug 4, 2012.

  1. boogerbomb

    boogerbomb New Member

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    Who knows, if she had called they might have sent out a tech to check out the install to make sure it was good or not. And if not could pick up the equipment while there. Make sure she doesnt sell it.
     
  2. Laxguy

    Laxguy Honi Soit Qui Mal Y Pense.

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    Winters,...
    We don't know if she did call or not. Not even the OP is sure about that.

    You raise an interesting question: If one buys that equipment, is not one in possession of stolen goods?
     
  3. dpeters11

    dpeters11 Hall Of Fame

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    Technically speaking yes, and if you buy it from another state, that's federal. However, at least the federal code requires the buyer to know it was stolen. I think in general, if someone unknowingly buys stolen property, and returns it, they are rarely prosecuted. In Ohio, you can actually be prosecuted for receiving stolen property if you were told it was stolen and in reality wasn't (like in a police sting.)
     
  4. paulman182

    paulman182 Hall Of Fame

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    It's been about five years but when my father died and his service was cancelled, they cancelled my credit as well.
     
  5. dpeters11

    dpeters11 Hall Of Fame

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    If that's the policy, that's just wrong.
     
  6. maartena

    maartena Hall Of Fame

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    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.
     
  7. billsharpe

    billsharpe Hall Of Fame

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    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.
     
  8. harsh

    harsh Beware the Attack Basset

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

    Laxguy Honi Soit Qui Mal Y Pense.

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    Winters,...
    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.
     
  10. Laxguy

    Laxguy Honi Soit Qui Mal Y Pense.

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

    What are they?
     
  11. harsh

    harsh Beware the Attack Basset

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    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.
     
  12. harsh

    harsh Beware the Attack Basset

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

    http://wiki.answers.com/Q/Difference_between_a_contract_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.
     
  13. Laxguy

    Laxguy Honi Soit Qui Mal Y Pense.

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    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.
     
  14. csgo

    csgo Legend

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    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.
     
  15. Christopher Gould

    Christopher Gould Icon

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    You got to be kidding.
     
  16. bwaldron

    bwaldron Impossible Dreamer

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

    Pepe Sylvia Legend

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    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.
     
  18. harsh

    harsh Beware the Attack Basset

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  19. Mike Bertelson

    Mike Bertelson 6EQUJ5 WOW! Staff Member Super Moderator DBSTalk Club

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    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
     
  20. harsh

    harsh Beware the Attack Basset

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    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.
    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.
    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".
     

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