Breach of contract or what (long story)

[gmitchell]

Back in May we decided to upgrade to the HD package after being an E* customer for over 10 years. I made the decision based on the rebate deal that E* had at the time. I pay upfront cost $150 and then send in rebate for $10 for 10 months and $5 for 10 months with 18 month contract.

The install required a dish 1000 to sit next to dish 500 for other really old receivers. Just upgraded the one room with a Vip 211. The installer was great and he did an outstanding job and when E* had the order mixed up he took care of it. I wrote E* about how great he was and would recommend him to any others in the SE Ohio area. Even offered to feed and provide soda for him while he installed equipment. I was a happy camper.

Then the problems started. I sent in rebate paperwork with all necessary billing data and waited for 2-3 months to see change in billing which never happened. Called CSR 4 different times and was told it would be taken care of and I would get my rebates. I even called the rebate place and they told me things OK call E* thus the 4 calls.

Finally called CSR 5th time and asked for an account specialist (AS) I was grilled for 15 minutes by "Ralph" with an accent.....and after asking 5 times for the AS the CSR asked if I wanted to drop E* I said yes and thanked him for his help. Finally transferred to the US and talked to a very nice AS who said he would take care of the mess and ensure that I got my rebate. Question: If they do not fix this situation is it a breach of contract? I have entered into a contract and have paid my bill and such. E* entered in to the deal with the agreement that they would rebate the funds for the upgrade. They have not lived up to the deal. If I decide to drop dish should I have to pay the penalty for leaving.

Really like E* and have never never had a problem with equipment or service until now. I really love the HD and would like to upgrade the other receivers in my home but I am afraid I will get hosed over again. Any suggestions would be helpful.

 

[RandallA]

Send an email to ceo@echostar.com if the rebate situation is not taken care of.

and yes you'll pay early cancellation fees if you decide to cancel.

 

[RedWings]

In my eyes they are not living up to their end of the deal and are breaching the contract. I'd have no problem telling them to f-off and come get their equipment.

Then i'd tell them they'd have to fill out a bunch of forms to get their penalty fee. But never send it to them.

 

[n0qcu]

In my eyes they are not living up to their end of the deal and are breaching the contract. I'd have no problem telling them to f-off and come get their equipment.

Then i'd tell them they'd have to fill out a bunch of forms to get their penalty fee. But never send it to them.

Are they providing the required minimum programing? (AT100 I think)

If the answer to the above question is yes, then they ARE doing their obligation of the contract.

 

[LonghornXP]

Are they providing the required minimum programing? (AT100 I think)

If the answer to the above question is yes, then they ARE doing their obligation of the contract.

I guess you have no idea how the law works do you. A contract that is signed shall include all aspects of the deal between both parties which in the case of Dish include the following below.

1. Dish Network providing all hardware as part of their offer at the price stated in the offer.

2. Dish Network providing all installation as part of their offer at the price stated in the offer.

3. Dish Network providing all programming as part of their offer at the price stated in the offer.

4. Dish Network providing all promo programming as part of their offer at the price stated in the offer. This is a subset of number 3 above.

5. Dish Network providing all rebates as part of their offer within the timeframe stated in the offer.

Any or all of the above not met by "either" party is cause for a breach of contract.

Because Dish Network said they would provide the rebates as part of their offer they have created a legal contract stating they would provide those rebates. Because they haven't provided those rebates they are in a breach of contract. In the court of law all programming fees currently paid wouldn't be refunded to the customer nor the upfront costs of hardware if the customer stayed a Dish Network customer.

If this customer wanted to leave because he didn't get what was promised he/she could get all hardware costs refunded and the breach of contract on Dish Networks part would make any and all contracts signed between Dish Network and the customer null and void including all cancellation fees etc.

Also what Dish Network is doing now could also be considered petty theft as well and could without a doubt be won in criminal court which would make small claims court (where you file a breach of contract) a near 100% win for the customer.

 

[8bitbytes]

If you made a copy of the rebate form and your other paperwork, there should be a phone number to call to check on the rebate status. Call them and find out what they are holding it up for. I don't receive a normal monthly statement since I pay by CC autopay and get an email notice to check my monthly statement online. they didn't like that and denied my rebate. I called and straightened it out. The rebate processing company is not Dish network. if you email ceo @ dish, and explain things professionally, you may get more than your rebates so it is worth a shot.

 

[LonghornXP]

Also to make this very clear to the OP because this is important.

You "must" pay all your bills period. If you cancel service "you must" pay all fees that Dish Network has the legal right to bill you for. Just because you think they are breaching you it doesn't mean you cannot pay those charges. Also if you cancel and keep the hardware and don't pay your bills that alone may have lost you your case even if you would have won. Two wrongs don't make a right so keep that in mind.

My suggestion is that you keep Dish Network service and call them and inform them of your intent to file both criminal and civil charges for petty theft and breach of contract unless they honor those rebates. Also send a certified letter that is notorized stating they aren't providing the rebates as promised in the offer and say they have 30 days to respond with payment of the rebates including all back rebate credits. I bet this alone will solve all your problems and this is what I would do. Heck I'm the type of person that would also call my local TV on your side station as well just to piss them off.

Edit...Oh and email the Dish CEO before doing anything that I said.