Has Anyone Ever SUED DirecTV?

[jpcamaro70]

Originally Posted by schneid

I've gone to Small Claims Court twice, won, and collected. You must be well prepared and have organized and documented evidence. As the consumer, you are at an advantage. Nobody likes big bullies screwing the working stiff.

Collecting is the challenging yet the fun part. My first victim refused to pay. I tricked his secretary into telling me his bank. The Marshall went to the bank and got my money.

When my second victim wouldn't pay, the Marshall went to his business and "tended" the till until he got enough money to pay me.

Having the Marshall serve a writ or tend a till is expensive, but the Marshall takes extra money to cover that too. Don't get mad, get even!

Interesting how you refer to them as your victims.

[MrTwix]

Greetings..

Many of you had read about my efforts to sue DirecTV as their installation representative, upon coming to my home to install the new HD dish, informed me that two 30' trees would have to be removed from my property before he would install. This was due to the fact (his statement) that I would not be able to receive the HD signal without the removal of the trees.

Many may also remember that this installer was blatently wrong by telling me this as the second installer (who came back to install the dish two days later stated that NO trees had to be removed and that the HD dish would be pointing in the opposite direction as the removed trees)..

I filed a claim against DirecTV for $3679.00 which was the total of costs associated with the replacement of two pin oak trees 30-40' tall.. DirecTV denied the claim stating that they had talked to their subcontractor and he stated he made no statements about removing trees or loss of signal.. Yet, the trees were cut down as he stood there. He didn't want to do the work so he told me to reschedule for two days later (and after the felled trees were carted off)... Thus, I filed suit against their subcontractor, Premiere Communications..

Long story short, I had to change who was served in the case at least two times since August, 2007 when the case was filed. My witness, who helped me cut down the trees, received a call from the subcontractor's insurance agent yesterday and she scheduled a telephone deposition with him for today.

She called today and talked with him. I could hear her and it appeared she was just testing the witness to see if she could use anything against him. He held his ground, however.

After she hung up, I told my friend that I suspected they would try to settle with me. I expected a letter to that extent. Yet, 10 minutes after her call to my friend, she called me and started to discuss the case. After insinuating that there were, at least, three points where I could possibly lose my case if it went all the way to court, she offered a compromise of 50% payment of my small claim.. This was an offer totalling $1500 as Missouri law allows small claims up to $3000. I told her I'd have to discuss with my advisors and I would get back with her..

As I look at it, her threats that I could lose my case were meaningless as they were the ones to call me and try to settle. If they thought they had a great case, settling for $1500 would have been out of the question.. Nevertheless, I went back to my case file and found the original DirecTV claim ($3679). I decided to counter-offer at 50% of my original claim ($1839.50) to officially end my suit. If they would have declined my counter offer, I was prepared to move forward with my suit, a point which she made that wasn't appealing to her company as they would have to hire a lawyer, etc..

I called and left a message with my counter offer and within an hour the insurance woman called back and agreed to my counter offer.

In the end, could I have been awarded most, if not all of my claim? Possibly and probably. Yet, life is too short to be tied up in court. Thus, two trees, and a whole bunch of negligence on the part of one DirecTV installer cost them $1839.50. I was very confident (after talking with my lawyer) that the evidence was on my side in this case. However, this has already taken nearly 6 months and it could be at least that much more time before it went to court.. Plus, there is always the chance that it could get delayed by them, the court, or other for even longer. So, I decided to settle.

Say what you will about how all this transpired. Yet, in the end, DirecTV sent an installation representative who negligently misrepresented the facts of satellite locations in space and, as a result, I lost two valuable pin oak trees. It is important to stand up for yourself if you are wronged to make things as right as they can be. I did so and I am, for the most part, satisfied with the result.

Case Closed!

MrTwix

[DodgerKing]

Congrats...I guess. You are down $1800, but at least you somewhat won a moral victory.

[rbinck]

Maybe down more than that, unless the laywer worked for free.

[car421]

Just curious, how much did the lawyer cost you?

[MrTwix]

The lawyer was free... He is a friend.. He only gave advice and didn't do anything other than give advice based on the merits of the case..

[Jim Bob Jones]

MrTwix, you have a difficult battle ahead. I am prohibited from providing legal advice due to constraints of my job. However, there are a number of legal issues you will have to overcome to have a chance of winning this lawsuit. Be prepared to spend some money.

[248 F1]

Originally Posted by MrTwix

DirecTV sent an installation representative who negligently misrepresented the facts of satellite locations in space and, as a result, I lost two valuable pin oak trees. MrTwix

Originally Posted by MrTwix

Nevertheless, I told the DirecTV installer that I would get my chain saw and cut the two trees down on the spot so he could start the install.

• The DTV INSTALLER wanted to have me talk to his boss (via his cell phone) to “verify” that the trees had to be removed before work commenced.

• I eventually told him to “do whatever he needed to do (i.e. leave if he wanted to) and that I wasn’t going to talk to his “boss” to verify anything.

• A friend of mine had arrived at this point and helped me cut both trees down.

Originally Posted by MrTwix

It is important to stand up for yourself if you are wronged to make things as right as they can be. MrTwix

Originally Posted by MrTwix

Say what you will about how all this transpired.
MrTwix

Okay I will, you scammed the insurance company. Proud of yourself? Careful you don't slip on the way to the bank.

[DtvRep07]

So, when are you replacing the trees, since you sued for the cost of replacing them?

[rbinck]

Originally Posted by DtvRep07

So, when are you replacing the trees, since you sued for the cost of replacing them?

That does not have to be done. Whether he replaces the trees or not does not change the fact that he does not have them anymore. If the trees were worth money it was an asset and now he does not have the asset. No different than if a car was destroyed. The car does not need to be replaced if a settlement is made with an insurance company. He used to have trees, now he has money. Same as if someone bought the trees.

[fmw]

What do you expect when your country has less than 5% of the world's population but over 70% of the world's lawyers?

[roscoe93]

Mr. Twix. First congratulations on your victory and who do you now have for a tv service .

[jpcamaro70]

Originally Posted by MrTwix

Greetings..

Many of you had read about my efforts to sue DirecTV as their installation representative, upon coming to my home to install the new HD dish, informed me that two 30' trees would have to be removed from my property before he would install. This was due to the fact (his statement) that I would not be able to receive the HD signal without the removal of the trees.

Many may also remember that this installer was blatently wrong by telling me this as the second installer (who came back to install the dish two days later stated that NO trees had to be removed and that the HD dish would be pointing in the opposite direction as the removed trees)..

I filed a claim against DirecTV for $3679.00 which was the total of costs associated with the replacement of two pin oak trees 30-40' tall.. DirecTV denied the claim stating that they had talked to their subcontractor and he stated he made no statements about removing trees or loss of signal.. Yet, the trees were cut down as he stood there. He didn't want to do the work so he told me to reschedule for two days later (and after the felled trees were carted off)... Thus, I filed suit against their subcontractor, Premiere Communications..

Long story short, I had to change who was served in the case at least two times since August, 2007 when the case was filed. My witness, who helped me cut down the trees, received a call from the subcontractor's insurance agent yesterday and she scheduled a telephone deposition with him for today.

She called today and talked with him. I could hear her and it appeared she was just testing the witness to see if she could use anything against him. He held his ground, however.

After she hung up, I told my friend that I suspected they would try to settle with me. I expected a letter to that extent. Yet, 10 minutes after her call to my friend, she called me and started to discuss the case. After insinuating that there were, at least, three points where I could possibly lose my case if it went all the way to court, she offered a compromise of 50% payment of my small claim.. This was an offer totalling $1500 as Missouri law allows small claims up to $3000. I told her I'd have to discuss with my advisors and I would get back with her..

As I look at it, her threats that I could lose my case were meaningless as they were the ones to call me and try to settle. If they thought they had a great case, settling for $1500 would have been out of the question.. Nevertheless, I went back to my case file and found the original DirecTV claim ($3679). I decided to counter-offer at 50% of my original claim ($1839.50) to officially end my suit. If they would have declined my counter offer, I was prepared to move forward with my suit, a point which she made that wasn't appealing to her company as they would have to hire a lawyer, etc..

I called and left a message with my counter offer and within an hour the insurance woman called back and agreed to my counter offer.

In the end, could I have been awarded most, if not all of my claim? Possibly and probably. Yet, life is too short to be tied up in court. Thus, two trees, and a whole bunch of negligence on the part of one DirecTV installer cost them $1839.50. I was very confident (after talking with my lawyer) that the evidence was on my side in this case. However, this has already taken nearly 6 months and it could be at least that much more time before it went to court.. Plus, there is always the chance that it could get delayed by them, the court, or other for even longer. So, I decided to settle.

Say what you will about how all this transpired. Yet, in the end, DirecTV sent an installation representative who negligently misrepresented the facts of satellite locations in space and, as a result, I lost two valuable pin oak trees. It is important to stand up for yourself if you are wronged to make things as right as they can be. I did so and I am, for the most part, satisfied with the result.

Case Closed!

MrTwix

Congrats......you have done what many people do nowadays to make a quick buck. I see it as total BS. You cut your own trees down on the word of one guy. Good thing he didn't tell you that only one armed men can get D service....you'd be short an arm. I'm very happy to live in the country in which we do, but stuff like this moronic and shouldn't be allowed.

[jpcamaro70]

Originally Posted by 248 F1

Okay I will, you scammed the insurance company. Proud of yourself? Careful you don't slip on the way to the bank.

Well said!!! Although i wish mr dixx no harm. Karma is pretty strong.

[Hammer67]

Originally Posted by jpcamaro70

Well said!!! Although i wish mr dixx no harm. Karma is pretty strong.

Well...I do believe the DTV installer situation is ridiculous. I had my own battles with my local company. They were HORRIBLE. If a tech actually showed up (after you take a day off to meet them) they may decide they don't want to do the install if it is a hassle to them. And, they are almost always rather dumb. The disconnect between DTV and the subcontractors is insane as well. I had DTV reps on the phone with the installers YELLING at them. LOL!

But, I also would not have cut down two trees to get the service installed. My first instinct would have been to get at least a second opinion from another tech and then decide if TV was worth cutting trees down.