I hate Dish Network (this isn't a flame starter)

[AcuraCL]

Okay, this just goes to show how low DISH kiss-assers will go. I was just stating an experience from DISH. Thank you GaryPen for a positive response. It clearly states that DISH must provide written warning before making programming changes. I also do not thing $1 justified the cost for dropping that many channels.

I'm sorry, but when DISH starts whining about fee increases which was their basis for the Viacom, and now Turner issues, I see it as a double standard. They increased their fees more than 6 cents 2 months ago.

I could care less if Directv dropped ESPN. I watch FSN for my sports anyway.

I would think a public press release about a suspension of Viacom channels would count as written warning. That was released well before the channels were pulled.

What you thing or do not thing is not really material. If you're sure of your position, go to small claims court. No doubt the judge will agree with you if the facts of the case are on your side.

If not, don't look for sympathy about not being able to break your contract.

It's not ass-kissing, btw. It is a respect for the contract. Without it, you have anarchy for people who will say or do anything for the sake of this week's whim.

 

[Neutron]

According to Section 9B, notice is considered written in the US Mail.

 

[GaryPen]

I would think a public press release about a suspension of Viacom channels would count as written warning. That was released well before the channels were pulled.

If that press release wasn't sent to me personally via US Post or telephone, they did not fulfill their of the contract.

Those damn anarchists at Dish!

 

[n0qcu]

I haven't read the whole contract recently but most have a clause stating if they breach any part it does NOT void the rest of the contract.
Thats my 2 cents

 

[GaryPen]

Shouldn't that apply to Neutron, as well?

 

[Neutron]

How is it that if they breach the contract it doesn't make it void? If I were to breach the contract it would be void on my part. Since they breached it, it made it void on their part.

Its just like buying a car. You get a retail sales contract. Its the paper that states that you bought a car for so much money, for a set term, for a set interest rate. If something were to come up (say the financing fell through) then the retail sales contract is void on their part. This is the same thing.

 

[Bobby]

The bottom line is, Dish did not shut off the channels on their own desire. They were required to because Viacom demanded it. Viacom demanded it because Dish wouldn't agree to their terms. Dish is not in breach of contract, they were unable to pass along the signal because it would be illegal, period...

 

[Neutron]

The bottom line is, Dish did not shut off the channels on their own desire. They were required to because Viacom demanded it. Viacom demanded it because Dish wouldn't agree to their terms. Dish is not in breach of contract, they were unable to pass along the signal because it would be illegal, period...

That isn't my concern. I'm not the one responsible for Viacom pulling channels off of DISH. How is it the customer's fault if the provider (DISH) can't agree to something with a supplier (Viacom)?

 

[DishSatUser]

Neutron,

When the retail contract falls through (especially due to failure to secure financing) do you get to keep the car?

If you have one that you ended up getting free through such a deal, how about selling it for the $240?

I understand your frustration at E* and hope that this works out well for you, but at the same time I also don't see the ability of the arguments stated to hold up in arbitration or small claims court.

Regardless, it's a collection agency that's not E* but hired by E* that would tarnish your credit history if E* want's to collect.

I'm all for making a statement, especially against corporate or government policies I can't stomache. But I never take them to the point that it would impact me negatively in a legal manner (but it keeps me clear for my eventual sweep into the Presidential competition)

 

[bcshields]

All that aside... as a company, Dish has some straightening up to do.

1) Their sales partners rarely fully explain to a new customer what they are getting into. (something they should have learned after a few lawsuits)
2) Threats and 'chatter' about channels dropping are becoming the norm every time a contract comes up.
3) Customer service is piss-poor.
4) New equipment is riddled with bugs and rarely 100%.
5) Satellite space severley limits channel growth (at least until E*X launches)
6) Installation gets shoddier due to slimming margins.
7) Existing customers 'feel' abandoned by preferential treatment of new customers.

As a company they have some housecleaning and policy shifting to do, because their image is eroding.

Ever notice how calm the other topics are?

 

[GaryPen]

bcshields - You hit the f-ing nail on the f-ing head!

 

[WeeJavaDude]

Neutron,

Any thread that starts off with the words "I Hate Dish ......" and ends with "this is not a flame starter" is by definition a flame starter. Especially when dumped into a Dish forum.

My suggestion is to the folks throwing wood on the fire, let it die out.... Nuetron has his right to be angry with Dish whether it has basis or not. When a thread starts to degrade to name calling, time to let it die.

 

[Neutron]

My whole point in starting this thread was to relate my horrible experience with DISH. Thats it!! I wasn't bashing DISH just to piss people off. That would be a flame starter.

DishSatUser, the analogy about the retail sales contract on a car was to prove a point. Of course I don't expect to keep the car if financing fell through. I was stating that if one side is expected to keep up with a contract, then the other side should also. In my case, and the case of others, DISH broke it when they dropped channels without written notice, but see us do something to violate it, and DISH would be doing the same thing I am right now.

 

[cdru]

All that aside... as a company, Dish has some straightening up to do.

1) Their sales partners rarely fully explain to a new customer what they are getting into. (something they should have learned after a few lawsuits)
2) Threats and 'chatter' about channels dropping are becoming the norm every time a contract comes up.
3) Customer service is piss-poor.
4) New equipment is riddled with bugs and rarely 100%.
5) Satellite space severley limits channel growth (at least until E*X launches)
6) Installation gets shoddier due to slimming margins.
7) Existing customers 'feel' abandoned by preferential treatment of new customers.

Can't this pretty much describe DirecTV as well to some degree?

 

[Neutron]

Can't this pretty much describe DirecTV as well to some degree?

1) Their sales partners rarely fully explain to a new customer what they are getting into. (something they should have learned after a few lawsuits)
2) Threats and 'chatter' about channels dropping are becoming the norm every time a contract comes up.
3) Customer service is piss-poor.
4) New equipment is riddled with bugs and rarely 100%.
5) Satellite space severley limits channel growth (at least until E*X launches)
6) Installation gets shoddier due to slimming margins.
7) Existing customers 'feel' abandoned by preferential treatment of new customers.

Well, as far as number one, I was explained to by the installer exactly what I was getting into.

2.) I haven't heard a word of Directv dropping channels. They do have a contract negotiation this year, but so far so good.
3.) Customer Service has been 500% better than DISH. I have enjoyed every time I talk with CS. They have answered all my questions and were knowledgeable. They went out of their way to make sure a tech came out to fix an issue I had recently.
4.) The Directivo hasn't had a single problem (knock on wood) yet!! It is highly stable and enjoyable to use.
5.) Directv is about to have another sat in service. I haven't heard of space issues on their current sats yet. all of my locals are on dish, not two.
6.) The techs that installed my equipment were VERY nice, paid attention to detail, and left me with a good feeling of workmanship to get the job done. They were very nice and friendly with my animals, which is something I worry about when having strangers in my house.
7.)Existing customers are getting the SAME deals as new customers! I, now as an existing customer, can get another directivo for $99, just like new can. In fact, only existing customers can get the $99 lease deal on an HD receiver.

 

[A_Noland]

All this chatter because you lost your channels for 2 days because the owner of the company wanted to try and save all of us some $$. You and several other people thanked him by canceling your service and going to another provider. The problem I see with this is that more providers are going to have to do the same type of service removal tactics. Mr Murdoc and Mr Ergan are 2 peas in a pod when it comes to negotiations. Remember Cox? They threatened to pull ESPN (a channel some people might really miss (sorry)). Anyway, I am personally Glad that someone actually stands up to rate increases. I hope more do. Maybe companies like VIACOM will find a way to reduce the cost of the programming they sell.

My point is this, if you think dish broke the contract, then fine. I think it was for a good cause. 2 things to keep in mind: 1, it is just TV. 2, he gave you at least $1 plus a $3.99 PPV coupon for our trouble.

btw, if you decide to pay a lawyer to look at your case please let us know what he says.

I tried to get out of a cell phone contract once because I thought the grass would be greener on the other side of the fence. Cost me a couple hundred because of subsidized equipment even though I swore they were in breech of contract because the phone didn't work inside their coverage area. So now I have service from another service that still doesn't work all the places it is supposed to. All in all I thought I was right, but all I did was waste money.

Just my 2 cents.

 

[dbronstein]

I searched the web and the best I could find was this at http://www.kevinboone.com/lawglos_breach_of_contract.html It says in part:

"In no case does a breach of contract, however fundamental, automatically discharge the contract, nor does it necessarily declare it void."

It also says:

"If a contracting party believes that the contract has been breached, then various options are open to him:
....
he may repudiate the contract, and treat it as discharged. He may then attempt to claim damages from the party in breach. However, the other party may believe that his own actions did not constitute a breach, in which case the repudiation may be a breach of contract itself. It follows that repudiation is only a good idea if the breach has been substantial. "

So just because Dish breached the contract does not mean it is automatically voided. Additionally, Neutron's attempt to get out of the contract could be considered a breach of the contract as well.

Again, I am not a lawyer, but I think it would be very tough for Neutron to argue in court that Dish's failure to provide notification of the loss of channels in the manner the contract states was a significant enough breach to void the contract. And even if we did win, I'm guessing the $240 he'd save wouldn't make up for the time and effort spend fighting it.

 

[GaryPen]

Can't this pretty much describe DirecTV as well to some degree?

Not really.