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  3. To Sue or Not to Sue that is the question

To Sue or Not to Sue that is the question

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  • D Dalek Dave

    Ask them to send a copy of the Contract, you know, the one with your signiture on it.

    ------------------------------------ "Children today are tyrants. They contradict their parents, gobble their food and tyrannize their teachers. I despair for the future." Socrates 400BC

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    Jim Crafton
    wrote on last edited by
    #4

    Thanks to the acceptance of electronic EULAs I wonder if they even need this anymore? Sucks. Glad we don't have cable.

    ¡El diablo está en mis pantalones! ¡Mire, mire! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! Personal 3D projects Just Say No to Web 2 Point Oh

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    • E Ennis Ray Lynch Jr

      DirecTv is on my boycott list. Why? Because when I initiated service I explicitly told the representative that I was not interested in a contract and was told there is no contract. Lo and Behold when I try to cancel for reasons unrelated to DirecTv's performance a contract "magically" exists. There old policy was an account can be placed on hold, every 6 months and then the contract will expire on it's on. Magically, a week before my mystical contract has expired I can now not cancel because inactive time no longer counts on the contract. I am now left with two options, Sue them at a cost of two days of my time and an $80 court cost (risking my credit in the process) or pay a pro-rated cancellation fee of around $120. It is amazing how they arrived at the cancellation fee amount, no? I am totally fed up with all of the B.S. that companies do in an attempt to blatantly steal money from consumers, unfortunately, it won't stop until the masses stop bleating. As for me, my personal actions are of seemingly no consequence. I am already boycotting every cable company, now with Satellite out I guess I will just no longer own a T.V. Good riddance.

      Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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      Jim Crafton
      wrote on last edited by
      #5

      Sorry to hear that. Wish I had a good suggestion. Maybe you could write a program that would call them up and talk to their reps, keeping them on the phone for as long as possible. At least it would solve a number of interesting AI problems :)

      ¡El diablo está en mis pantalones! ¡Mire, mire! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! Personal 3D projects Just Say No to Web 2 Point Oh

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      • E Ennis Ray Lynch Jr

        DirecTv is on my boycott list. Why? Because when I initiated service I explicitly told the representative that I was not interested in a contract and was told there is no contract. Lo and Behold when I try to cancel for reasons unrelated to DirecTv's performance a contract "magically" exists. There old policy was an account can be placed on hold, every 6 months and then the contract will expire on it's on. Magically, a week before my mystical contract has expired I can now not cancel because inactive time no longer counts on the contract. I am now left with two options, Sue them at a cost of two days of my time and an $80 court cost (risking my credit in the process) or pay a pro-rated cancellation fee of around $120. It is amazing how they arrived at the cancellation fee amount, no? I am totally fed up with all of the B.S. that companies do in an attempt to blatantly steal money from consumers, unfortunately, it won't stop until the masses stop bleating. As for me, my personal actions are of seemingly no consequence. I am already boycotting every cable company, now with Satellite out I guess I will just no longer own a T.V. Good riddance.

        Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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        hairy_hats
        wrote on last edited by
        #6

        In my experience the threat of suing is enough to make the BSers back down.

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        • D Dalek Dave

          Ask them to send a copy of the Contract, you know, the one with your signiture on it.

          ------------------------------------ "Children today are tyrants. They contradict their parents, gobble their food and tyrannize their teachers. I despair for the future." Socrates 400BC

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          Ennis Ray Lynch Jr
          wrote on last edited by
          #7

          Which would require a lawsuit. The problem is the B*rds will ruin my credit during the process.

          Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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          • E Ennis Ray Lynch Jr

            DirecTv is on my boycott list. Why? Because when I initiated service I explicitly told the representative that I was not interested in a contract and was told there is no contract. Lo and Behold when I try to cancel for reasons unrelated to DirecTv's performance a contract "magically" exists. There old policy was an account can be placed on hold, every 6 months and then the contract will expire on it's on. Magically, a week before my mystical contract has expired I can now not cancel because inactive time no longer counts on the contract. I am now left with two options, Sue them at a cost of two days of my time and an $80 court cost (risking my credit in the process) or pay a pro-rated cancellation fee of around $120. It is amazing how they arrived at the cancellation fee amount, no? I am totally fed up with all of the B.S. that companies do in an attempt to blatantly steal money from consumers, unfortunately, it won't stop until the masses stop bleating. As for me, my personal actions are of seemingly no consequence. I am already boycotting every cable company, now with Satellite out I guess I will just no longer own a T.V. Good riddance.

            Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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            PIEBALDconsult
            wrote on last edited by
            #8

            Try the Better Business Bureau first.

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            • P PIEBALDconsult

              Try the Better Business Bureau first.

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              Ennis Ray Lynch Jr
              wrote on last edited by
              #9

              BBB is advisory only. I am going to pay the early termination fee and then sue them in small claims.

              Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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              • E Ennis Ray Lynch Jr

                DirecTv is on my boycott list. Why? Because when I initiated service I explicitly told the representative that I was not interested in a contract and was told there is no contract. Lo and Behold when I try to cancel for reasons unrelated to DirecTv's performance a contract "magically" exists. There old policy was an account can be placed on hold, every 6 months and then the contract will expire on it's on. Magically, a week before my mystical contract has expired I can now not cancel because inactive time no longer counts on the contract. I am now left with two options, Sue them at a cost of two days of my time and an $80 court cost (risking my credit in the process) or pay a pro-rated cancellation fee of around $120. It is amazing how they arrived at the cancellation fee amount, no? I am totally fed up with all of the B.S. that companies do in an attempt to blatantly steal money from consumers, unfortunately, it won't stop until the masses stop bleating. As for me, my personal actions are of seemingly no consequence. I am already boycotting every cable company, now with Satellite out I guess I will just no longer own a T.V. Good riddance.

                Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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                C Offline
                Chris Austin
                wrote on last edited by
                #10

                Sue Em. I sued dell in small claims court a fews ago and won. We had purchased a service contract / extended warranty service for some of our crappy servers and they refused to replace some parts.

                Sovereign ingredient for a happy marriage: Pay cash or do without. Interest charges not only eat up a household budget; awareness of debt eats up domestic felicity. --Lazarus Long Avoid the crowd. Do your own thinking independently. Be the chess player, not the chess piece. --Ralph Charell

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                • E Ennis Ray Lynch Jr

                  DirecTv is on my boycott list. Why? Because when I initiated service I explicitly told the representative that I was not interested in a contract and was told there is no contract. Lo and Behold when I try to cancel for reasons unrelated to DirecTv's performance a contract "magically" exists. There old policy was an account can be placed on hold, every 6 months and then the contract will expire on it's on. Magically, a week before my mystical contract has expired I can now not cancel because inactive time no longer counts on the contract. I am now left with two options, Sue them at a cost of two days of my time and an $80 court cost (risking my credit in the process) or pay a pro-rated cancellation fee of around $120. It is amazing how they arrived at the cancellation fee amount, no? I am totally fed up with all of the B.S. that companies do in an attempt to blatantly steal money from consumers, unfortunately, it won't stop until the masses stop bleating. As for me, my personal actions are of seemingly no consequence. I am already boycotting every cable company, now with Satellite out I guess I will just no longer own a T.V. Good riddance.

                  Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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                  Rage
                  wrote on last edited by
                  #11

                  Ask JSOP to call them for you every day, and tell them you'll get them rid of him if they agree to cancel the thing.

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                  • R Rage

                    Ask JSOP to call them for you every day, and tell them you'll get them rid of him if they agree to cancel the thing.

                    J Offline
                    J Offline
                    Jim Crafton
                    wrote on last edited by
                    #12

                    Ooh, that's even better than writing a program to do it!

                    ¡El diablo está en mis pantalones! ¡Mire, mire! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! Personal 3D projects Just Say No to Web 2 Point Oh

                    1 Reply Last reply
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                    • E Ennis Ray Lynch Jr

                      BBB is advisory only. I am going to pay the early termination fee and then sue them in small claims.

                      Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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                      Eurosid
                      wrote on last edited by
                      #13

                      The BBB is useless, in my opinion. Depending on your state laws, you probably won't be able to sue them in small claims. Most states don't allow lawyers in small claims cases. You sue a company, they're going to send a lawyer. The case gets bumped up automatically. That means you'll need a lawyer, and no lawyer is going to touch a $120 case. (Unless you want to pay hourly, and then it will cost more than $120 just to get them to fill out the paperwork.) The game really is rigged against the small guy.:mad: I do think it would be useful to ask to see a copy of the signed contract. They can't hold you to a contract unless you signed for it. If they report you to credit agencies for a debt you don't owe, you do have some options.

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                      • E Eurosid

                        The BBB is useless, in my opinion. Depending on your state laws, you probably won't be able to sue them in small claims. Most states don't allow lawyers in small claims cases. You sue a company, they're going to send a lawyer. The case gets bumped up automatically. That means you'll need a lawyer, and no lawyer is going to touch a $120 case. (Unless you want to pay hourly, and then it will cost more than $120 just to get them to fill out the paperwork.) The game really is rigged against the small guy.:mad: I do think it would be useful to ask to see a copy of the signed contract. They can't hold you to a contract unless you signed for it. If they report you to credit agencies for a debt you don't owe, you do have some options.

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                        Ennis Ray Lynch Jr
                        wrote on last edited by
                        #14

                        Florida allows lawyers in Small Claims :p Which is also why I am thinking of paying it first rather than suing first. If I pay first there are actual damages which give the case merit, whereas I can't sue before damages until they ruin my credit.

                        Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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                        • E Ennis Ray Lynch Jr

                          Florida allows lawyers in Small Claims :p Which is also why I am thinking of paying it first rather than suing first. If I pay first there are actual damages which give the case merit, whereas I can't sue before damages until they ruin my credit.

                          Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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                          Eurosid
                          wrote on last edited by
                          #15

                          Good deal. Michigan doesn't allow them. (Unless that's changed in recent times.)

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                          • E Ennis Ray Lynch Jr

                            DirecTv is on my boycott list. Why? Because when I initiated service I explicitly told the representative that I was not interested in a contract and was told there is no contract. Lo and Behold when I try to cancel for reasons unrelated to DirecTv's performance a contract "magically" exists. There old policy was an account can be placed on hold, every 6 months and then the contract will expire on it's on. Magically, a week before my mystical contract has expired I can now not cancel because inactive time no longer counts on the contract. I am now left with two options, Sue them at a cost of two days of my time and an $80 court cost (risking my credit in the process) or pay a pro-rated cancellation fee of around $120. It is amazing how they arrived at the cancellation fee amount, no? I am totally fed up with all of the B.S. that companies do in an attempt to blatantly steal money from consumers, unfortunately, it won't stop until the masses stop bleating. As for me, my personal actions are of seemingly no consequence. I am already boycotting every cable company, now with Satellite out I guess I will just no longer own a T.V. Good riddance.

                            Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

                            L Offline
                            L Offline
                            Lost User
                            wrote on last edited by
                            #16

                            Ennis Ray Lynch, Jr. wrote:

                            I am now left with two options...

                            Isn't there a 3rd option? Wait the "week before my mystical contract has expired" and tell them to pound sand with no cost. Surely you can tolerate them an additional week given you "try to cancel for reasons unrelated to DirecTv's performance"??

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                            • L Lost User

                              Ennis Ray Lynch, Jr. wrote:

                              I am now left with two options...

                              Isn't there a 3rd option? Wait the "week before my mystical contract has expired" and tell them to pound sand with no cost. Surely you can tolerate them an additional week given you "try to cancel for reasons unrelated to DirecTv's performance"??

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                              Ennis Ray Lynch Jr
                              wrote on last edited by
                              #17

                              The week is the week the reactivate the account not the month it expires. I have had a service with them for nearly 14 months. 8 of which with the account on hold. Hold does not accrue time towards contract termination. Therefore, your strategy would require me to pay for their service which I cannot use at present for 6 months which is even more than the cancellation fee and then these unscupulous B* would probably still charge me the fee.

                              Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

                              1 Reply Last reply
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                              • L Lost User

                                Ennis Ray Lynch, Jr. wrote:

                                I am now left with two options...

                                Isn't there a 3rd option? Wait the "week before my mystical contract has expired" and tell them to pound sand with no cost. Surely you can tolerate them an additional week given you "try to cancel for reasons unrelated to DirecTv's performance"??

                                E Offline
                                E Offline
                                Ennis Ray Lynch Jr
                                wrote on last edited by
                                #18

                                The week is the week the reactivate the account not the month it expires. I have had a service with them for nearly 14 months. 8 of which with the account on hold. Hold does not accrue time towards contract termination. Therefore, your strategy would require me to pay for their service which I cannot use at present for 6 months which is even more than the cancellation fee and then these unscrupulous B* would probably still charge me the fee.

                                Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

                                L 1 Reply Last reply
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                                • E Ennis Ray Lynch Jr

                                  The week is the week the reactivate the account not the month it expires. I have had a service with them for nearly 14 months. 8 of which with the account on hold. Hold does not accrue time towards contract termination. Therefore, your strategy would require me to pay for their service which I cannot use at present for 6 months which is even more than the cancellation fee and then these unscrupulous B* would probably still charge me the fee.

                                  Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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                                  L Offline
                                  Lost User
                                  wrote on last edited by
                                  #19

                                  Ennis Ray Lynch, Jr. wrote:

                                  I have had a service with them for nearly 14 months. 8 of which with the account on hold. Hold does not accrue time towards contract termination. Therefore, your strategy would require me to pay for their service which I cannot use at present for 6 months

                                  Why the hell did you get the service in the first place? Caveat emptor!

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                                  • L Lost User

                                    Ennis Ray Lynch, Jr. wrote:

                                    I have had a service with them for nearly 14 months. 8 of which with the account on hold. Hold does not accrue time towards contract termination. Therefore, your strategy would require me to pay for their service which I cannot use at present for 6 months

                                    Why the hell did you get the service in the first place? Caveat emptor!

                                    E Offline
                                    E Offline
                                    Ennis Ray Lynch Jr
                                    wrote on last edited by
                                    #20

                                    I explicitly asked for and was told on a recorded conversation that the agreement was month to month with no commitment.

                                    Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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                                    • E Ennis Ray Lynch Jr

                                      I explicitly asked for and was told on a recorded conversation that the agreement was month to month with no commitment.

                                      Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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                                      L Offline
                                      Lost User
                                      wrote on last edited by
                                      #21

                                      If you recorded the conversation you obviously expected this, no? Is there any way to validate that a recorded telephone conversation is authentic? <irrelevent> I've never seen ANY satellite service (that did not include big upfront costs to pay for the hardware) that did not include a contract. </irrelevent>

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                                      • E Ennis Ray Lynch Jr

                                        DirecTv is on my boycott list. Why? Because when I initiated service I explicitly told the representative that I was not interested in a contract and was told there is no contract. Lo and Behold when I try to cancel for reasons unrelated to DirecTv's performance a contract "magically" exists. There old policy was an account can be placed on hold, every 6 months and then the contract will expire on it's on. Magically, a week before my mystical contract has expired I can now not cancel because inactive time no longer counts on the contract. I am now left with two options, Sue them at a cost of two days of my time and an $80 court cost (risking my credit in the process) or pay a pro-rated cancellation fee of around $120. It is amazing how they arrived at the cancellation fee amount, no? I am totally fed up with all of the B.S. that companies do in an attempt to blatantly steal money from consumers, unfortunately, it won't stop until the masses stop bleating. As for me, my personal actions are of seemingly no consequence. I am already boycotting every cable company, now with Satellite out I guess I will just no longer own a T.V. Good riddance.

                                        Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

                                        D Offline
                                        D Offline
                                        David Crow
                                        wrote on last edited by
                                        #22

                                        Ennis Ray Lynch, Jr. wrote:

                                        ...a contract "magically" exists.

                                        How is it binding? Did you sign anything?

                                        Ennis Ray Lynch, Jr. wrote:

                                        ...I guess I will just no longer own a T.V.

                                        I love not being a slave to cable/dish companies. I take whatever comes in on antenna, and if that's nothing, oh well.

                                        "Old age is like a bank account. You withdraw later in life what you have deposited along the way." - Unknown

                                        "Fireproof doesn't mean the fire will never come. It means when the fire comes that you will be able to withstand it." - Michael Simmons

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                                        • D David Crow

                                          Ennis Ray Lynch, Jr. wrote:

                                          ...a contract "magically" exists.

                                          How is it binding? Did you sign anything?

                                          Ennis Ray Lynch, Jr. wrote:

                                          ...I guess I will just no longer own a T.V.

                                          I love not being a slave to cable/dish companies. I take whatever comes in on antenna, and if that's nothing, oh well.

                                          "Old age is like a bank account. You withdraw later in life what you have deposited along the way." - Unknown

                                          "Fireproof doesn't mean the fire will never come. It means when the fire comes that you will be able to withstand it." - Michael Simmons

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                                          E Offline
                                          Ennis Ray Lynch Jr
                                          wrote on last edited by
                                          #23

                                          Non-binding does not mean that they do not wield an unfair advantage in ruining my credit. Credit Reporting Bureaus put the burden of proof on the consumer not the Company.

                                          Need custom software developed? I do C# development and consulting all over the United States. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane

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