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    I’m desperate. How do you get out of an unfair contract?

    TV, sattelite TV, Direct TV 


    Our Direct TV contract will cost $480.00. They did not bring us any kind of booklet so we could figure it out. They do not have the programs I want, It looks impossible to work. When you are no longer 20, technical stuff is more difficult. (especially for me ) I thought contracts had a 3-day cancellation policy. (This company does not have such a policy) I feel like we’ve been ripped off, Because of my back injury, TV is very important to me. When pain hits, I go to my chair, turn on the set and distract. Every chronic pain patient has a different way to distract - better than taking a truck-load of pills.

    +1  Views: 1368 Answers: 3 Posted: 11 years ago
    Colleen

    Moderator
    That is what you include in the letter to the attorney general.

    3 Answers

    Howdy:


    You can always break a contract, simply by not performing your duties under the contract; here, by not paying. That then forces the other party to decide whether to try and enforce it, most likely by dinging your credit with the three credit reporting agencies (& you can file an explanatory letter in response) and/or filing a small claims action. The laws in the different states vary considerably. There are numerous potential issues, both of law and fact in your situration. They cannot all be listed or adequately addressed here. Just a few involve the nature of the contract, written or oral, how detailed, whether a mistake was involved, whether fraud was involved by the rep of the other side, etc. By the way, the right to rescind a contract within three days does not depend upon the policies of Direct TV. It is a matter of law. And the contract likely is required to spell that out, or you may have the right to do so for a longer time.  Again state laws vary.  For all of the above reasons, and many more that I have not mentioned, depending upon the state and the facts, this is not a simple, cut and dried matter with a simple answer. You need to consult with legal counsel in your state. If you have the money, call a lawyer and ask what he/she will charge for a brief consultation re your problem. Lawyers, like plumbers and surgeons,  vary in competence. Your best reference is a friend or aquaintance who has used one and was pleased with the service.  If you cannot afford a private lawyer, contact a legal aid office in your area. If you cannot find one, call the clerk in a local civil court house, or a local lawyers' bar association .They will direct you.  Some additional resources that might be of assistence are:  The consumer affairs section of your state attorney general's office; the Federal Communications Commision; your state's public utilities commission, if Direct TV is considered a regulated utility in your state; a consumer affairs section of your local county district attorney's office.  All of those agencies probably have on-line complaint filing procedures. But none of them will provide anywhere the kind of assistence that you will get from your local legal aid group.  By the way, it is likely that your being of advanced years, disabled and of limited financial means is likely to help in successfully  escaping the contract. And lastly, wise up, never trust the advice of the seller of a product  to be truthful, and get the opinion of someone without a financial interest in the deal, BEFORE YOU SIGN ANY SUCH DOCUMENT.  Remember crooks can rob you with a gun or a PEN.


     Stanmann

    itsmee

    Just want you to know that my husband and I are reading your response and we appreciate it! Things like this are confusing. However, we will go forward and take care of the matter to the best of our ability along with your advice.
    We will let you know what happens.
    itsmee

    PS Just fyi, we had an ivory-handled antique gun stolen by a guy with totally tattooed arms who was a house mover. We just let that one go and didn’t report. : ) WOULD YOU?

    Contact your state attorney general. Write a letter explaining why you should not honor the contract  They will investigate and represent you if they deem you to be correct. They will force Direct TV to break the contract and reimburse money if owed. 

    itsmee

    I’ll try.

    Howdy, again:


    House movers in most, if not all, states are licensed; and a condition of being licensed requires the obtaining by the mover of a surety bond. If a mover steals or damages property, you should first complain and demand compensation to the owner of the moving company. Then, the state licensing agency and the bonding company. The state licensing agency will certainly have a listing of the names, addresses and contact numbers of both the owners of the moving company and their bonding company. Beyond that, I would file a small claims court action against the mover. The judges in those courts are frequently sympathetic to  claimants, and they do not require adherence to the formalities required in most other courts. Many moving companies use casual day laborers, and some of those are not too honest. Thefts occur often. Once again, I strongly advise you to contact your local legal aid office. That is the best source of information regarding remedies available to you.  On the other hand, if your evidence that the tattooed man stole the item is strong, try to file a criminal theft complaint with your local police department. Criminal charges pending against a thief are the strongest motivation to make restitution. OF COURSE, you should make some efforts to collect money for your loss.  If you don't, you just encourage the thief to do it again with someone else. By the way, you should also file a complaint with your local Better Business Bureau. While they may not provide much help collecting from the thief, many people consult the BBB before dealing with a local business, as they will disclose the existence of past complaints made against the company. You should consider making such a check yourself before dealing with such a business.


    stanmann

    ROMOS

    Ye, then the big burly guy with the tats loses his job, probably gets a small fine,he still has the gun(s) and he knows where you live.
    I wouldn't have bothered either.
    itsmee

    If I ever move again, I’ll check with the BBB and ask for references. I really didn’t want to report Tat Man - ROMOS got that right. : )

    We’re still working on the Direct TV problem. Stuff happens to me! Arghhh! Thanks stanmann


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