To Sue or Not to Sue that is the question
-
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
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.
-
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.
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
-
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
-
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
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"??
-
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"??
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
-
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"??
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
-
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
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!
-
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!
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
-
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
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>
-
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
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
-
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
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