DirecTV charging early term fee for no service

[AvoidDirecTV]

What is the name of your state? AZ

Hello, I believe I am being wrongly charged by DirecTV for the sum of $280 for as they claim, early termination. I say I asked them to remove their equipment because their remotes do not work with my TV, hence, their "system" does not work on my system.

Brief history, they installed their system in early Oct 06 and immediately noticed a remote would not function with one of my TV's, they asked me to keep trying the manual mode, over next few days I tried it for about 8 hours , still no worky. The day after install I asked that they return to fix remote, it took two weeks to come out, again, when they returned, they could not get remote to function with my TV (per the back of the installers contract, it says they will "program remote to work all applicable devices") and Tech stated it would never work. They also installed a DVR which would not work properly and stated its broken, but we don't have any more so call for another service visit (ie two more weeks without TV)... I called to have them remove service siting their inability to provide me service, and disputing any charges to the account.

Now, DirecTV is charging me with early termination, and have forwarded charge to a collection agency, even though i have numerous times said I am disputing the charge, written them, and asked to seek resolution through dispute resolution process per the back of their bill, and only received their first bill two days prior to them forwarding to agency. They cited early cancellations are forwarded immediately...

They sent me a letter saying they would cancel the fee if I agreed to reconnect service. I replied that I would accept that offer if they agreed to make it work with my TV.

Today I get a call from a "very senior manager" in CO who states that "there is no guarantee their remotes will work with my TV". And that "even though it doesn't work with my TV I signed a contract for two years (which I didn't "sign" anything) and would have to pay for canceling early, even though they could not get the remotes to work. She also said "I would have no option to pursue through dispute the resolution process noted on the back of their bill", because as she said "early cancellation fees are not disputable"...

So, a mega corporation is getting ready to rain down death and destruction on me the little guy because they couldn't get their service to work with my equipment.

I think I have used the little guy options of playing nice with phone calls and emails, now they have escalated to collection, what are my options, should I just pay them even though their service did not work?


thanks in advance.

s

 

[Some Random Guy]

You say you didn't sign anything, but how did you get the service in the first place? If you ordered over the internet, then that can count as a valid signature. If you talked to them over the phone, they may also have proof of the agreement in terms of recording the call. If the system was installed by a third party, I bet that you signed some paperwork saying that the dish was installed properly (and that you'll abide by the 2 year contract). Make sure you know what they can prove, because as you describe it, you owe the $280 if you agreed to the contract.


Secondly, you can continue with e-mail and letters, but you cannot force them to remove that charge, and they will probably starting putting this on your credit report real soon. It seems like the easiest route is to take that $280, put towards a new TV, and then get them to reinstall the service.

 

[AvoidDirecTV]

Thanks for quick response, yes, they probably recorded some portion when i said sign me up, i'm not really disputing that.
I am hot about them not getting the remotes to work with my TV per their contract which says "program remotes to work applicable devices", thats the legal bases I am complaining about, they admit they cannot get them to work, so my question is how can they charge me? I mean I know they can charge for anything, but what is my defense? Breach of contract for them failing to provide contracted service?

 

[Zigner]

Thanks for quick response, yes, they probably recorded some portion when i said sign me up, i'm not really disputing that.
I am hot about them not getting the remotes to work with my TV per their contract which says "program remotes to work applicable devices", thats the legal bases I am complaining about, they admit they cannot get them to work, so my question is how can they charge me? I mean I know they can charge for anything, but what is my defense? Breach of contract for them failing to provide contracted service?

Of course they can charge you.
Now, I would recommend that you spend a few dollars and get a universal remote that has a "learning" mode - it would be much cheaper than trying to squirm out of this.

 

[Some Random Guy]

"program remotes to work applicable devices", thats the legal bases I am complaining about, they admit they cannot get them to work,

How does the contract define applicable device? The "program remotes to work applicable devices" comment describes the services that they will provide. It does not describe the quality of the resulting service after they program the remotes. According to you, they have tried programming the remotes twice, so they have fulfilled their obligation twice. Are you really saying that if you have a 1960's set with UHF abd VHF knobs, that you have a "get out of contract free" card because they can't make their remote work with your TV?

so my question is how can they charge me? I mean I know they can charge for anything, but what is my defense?

They can charge you whatever was agreed in the contract. If they end up suing you over the debt, you can use their remote problems as a defense, but its far from a guaranteed win, and it will be several years of bad credit reports until you get this resolved.

 

[You Are Guilty]

I am a little unclear on something. If you never 'signed' the contract (thus, can't be held to the 2-year commitment), on what basis do you claim to require DirectTV to "program" the remotes to work with your TV? (That is, either there's a contract for both parties, or none at all - you can't just hold them to the portions of the contract you like and ignore the others).

In any event, a universal remote is a wonderful thing. If you can find a "JP-1" remote, for the price of a cheap connector cable, you can have that thing set up to not only work your entire home entertainment system, but to make your coffee (and mute your wife*) too. This way your credit isn't ruined over an ambiguous contract term.





* Requires stuffing remote into wife's mouth. Not recommended.

 

[AvoidDirecTV]

Disregard the didn't signed an agreement issue, i'll drop that. How I got DirecTV was through Qwest TV, they offered to connect DirecTV and install a DVR. I'm nt at issue with asking for the service, it's the lack of contracted service I'm faulting.

I don't follow how as the consumer, I'm responsible to go out and get a remote. This is actually a good idea, one which was NEVER offered by any of the Techs, they just kept saying it will never work. I think it's to late for that now, as the nive dtv lady said since I returned their controllers and boxes (per their demand), I'm out of luck now.

The Samsung TV in question is only 6 years old, 5 years newer than the older Sony set which works fine with the DirecTV remote. again, the contract says "program remote to work with devices" i interpret that to mean my device, who's device should it be programmed for?? If it is to be interpreted BY them as only THEIR devices, then we never had a meeting of the minds and I believe the contract is null. This is not like I changed my mind and didn't want service, or six months later I bought a TV that wouldn't work, it didn't work from the get go.

Lastly, I'm back with Qwest TV, their remote works my TV just fine.

 

[Zigner]

OP - you came here for answers to a question. You received the answers but didn't like them. Nobody likes to find out they are wrong...but you are wrong.

 

[AvoidDirecTV]

Zigner, so your saying it's wrong to expect a service (remotes that work per the contract) in exchange for my payment? Interesting.

I have sent an email to them proposeing this universal remote thing, no response yet.

 

[Zigner]

Zigner, so your saying it's wrong to expect a service (remotes that work per the contract) in exchange for my payment? Interesting.

I have sent an email to them proposeing this universal remote thing, no response yet.

Oh get off it - the remotes DO work. They cannot plan for it to work with every TV ever made. Sorry you're not getting the answers you want!

 

[Shay-Pari'e]

Shay -

I only have 3 receivers for 3 tv's. There is one tv that isn't recognized by their system. However, it is newer than the DTV systems, so I can't complain!

It does suck how it works that way, but as you already stated, the system has to recognize the T.V.

Don't tell me it is one of your kids's T.V's. No cartoon's?

 

[AvoidDirecTV]

Sorry Shay, I only have two TV's one they could program, one they couldn't, the tech from DirecTV said they have issues with some Samsung, my Samsung, sorry you don't believe my facts.

Zigner, I have a remote that doesn't work as advertised/promised. Yes, I do expect the remotes to work, thats in the contract. You have heard of a document called a contract?

 

[Zigner]

OP - this isn't the "answers you want to hear" forum...
I hope you enjoy that collection item on your credit report!