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Never worked and they acknowledge this when I canceled. They pursued me for cancellation fees. I contacted the Bureau of Consumer affairs. DTV ignored me, to the point they had a collection agency come after me.
Bottom line is everyone has backed off and all obligations have been erased by the collection agency and DTV.
I did not and still do not feel that upon installation failure that I should be left with a huge sattelite dish on my roof.
When I requested them to remove it they balked. It was turned over to their insurance agency. The reason: I want the entire roof replaced, because when it is removed there will be evidenced based damage (holes in my roof) estimated cost to replace $5-6000.
I have sent $400 to JAMS for an arbitration hearing per their T&C months ago, they have not responded.
If you can help me take this to court and indo the req for arbitration, I would like to here from you.

Optional Information:
New Hope, Pennsylvania

Already Tried:
Several Correspondence Request for Arbitration JAMS Telecon with their reps

Customer (name blocked for privacy)

Status: Closed Value: $45

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Dear Sir: I do not agree and would argue they agree that they have nothing with my signature on it that acknowledges their General T&C. They have acknoweged this in writing. In fact they refer their customers to an internet version, which is not even discussed by their installation subcontractor. I interpret the UCC rules to mean that there must be a signed acknowlegement in place prior to exception to the T&Cs. Silence cannot be implied as acceptance if T&Cs were never introduced at time of install. I have stated my position to DTV, thery have turned it over to their insurance co. for the final descision. I will not stand for patches, multi-colored shingles and comprimised integrity of the roof. This has been active for over a year now and I want nothing more than to be made whole again. There is no clause covering risk of loss in their T&C i.e. fob shipping point which would I interpret to mean they are responsible until satisfactory completion.

Sorry

Is there anything in the agreement you signed that has an arbitration clause?

Are you looking to void that arbitration clause and have the issue remedied in court?

Have you given them an opportunity to try to repair the roof?

UCC does not require that the contract be in writing. If the GT&C's don't apply, then implied terms will apply.

Did you know prior to them installing the dish that they would require it to be mounted on the roof?

Is there anything defective about that mounting?

Did you agree for them to mount it on the roof?.

At no point in your original fact pattern did you say that you had n not signed the T&C's or said T&C"s did not form part of the contract.

My answer is based on the facts you have provided.

Feel free to follow up and I shall respond.

Regards

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Is there anything in the agreement you signed that has an arbitration clause? (I signed nothing)

Are you looking to void that arbitration clause and have the issue remedied in court? (YES)

Have you given them an opportunity to try to repair the roof? (Yes, they would not comply)

UCC does not require that the contract be in writing. If the GT&C's don't apply, then implied terms will apply. (Implied)is construed to mean that the service will work.

Did you know prior to them installing the dish that they would require it to be mounted on the roof? (NO)

Is there anything defective about that mounting? (The mounting of the dish was secured to the roof adequately. In doing so, it will provide evidenced based damage when removed.

Did you agree for them to mount it on the roof?.(NO)

At no point in your original fact pattern did you say that you had n not signed the T&C's or said T&C"s did not form part of the contract. (I had in fact stated that to DTV in writing, and they responded that they do not require their customers to sign.) I have all the written correspondence.

My answer is based on the facts you have provided.

Feel free to follow up and I shall respond.

Regards

__________________
Please close the question if you are happy. CLICK ACCEPT

Hello,

Please excuse the number of questions, however I am trying to find any sort of reason to change my original answer.

Out of curiosity, how did you think the dish was going to be mounted if not on your roof?

Did the installation people not ask you where you wanted the cable to be run?

Did you protest the fact the mounting was going to occur on the roof to the installation company?

Did you get any NOTICE or installation preparation document from them at all prior to installation?

If you signed NOTHING how did they know to come to your house and install it, in other words how did you sign up for service?

Did you tell them HOW to fix the roof, or just asked them to fix it. (telling them to replace the roof is not allowing them an opportunity to remedy the situation)?

If you did not feel you had been bound to arbitration why did you give $400 to JAMS?

When you gave JAMS the $400 did you sign an arbitration agreement with them (digital signature, or click I AGREE can constitute a signature for a digital contract )

FYI, the implied terms to a service installation would be It should work, and if it does not, then then everything will be restituted back to as reasonable a position as possible. This includes making whatever necessary repairs. This would only include replacing the roof, if replacing the roof was the ONLY way to REASONABLY remedy the situation.

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Reply to Flagbridge-ADR's Post: I can see you are not part of the solution,

I don't care wheren it's mounted I dont want it on any part of my house. It is of no value to me and put there I, assume because the agent for DTV thought thats where it should go.

I have seen plenty of dishes mounted on the side of the house or on stand alone mounts in the yard.

I thank you for your time....bill me if you feel you should.

Sir,

I am trying to understand the facts and give you an accurate picture of the law.

In order to find a solution I need to know the facts. The question I ask now are going to be asked by someone at some point.

Know that I am here to look at this as objetivley as possible. As you can see by my profile I am an arbitrator, with extensive legal credentials. I want to help you, and try to find an area for you to fous on to gete what you want.

These questions are important as the help describe what the understanding of the parties was.

If you would like my assitance would you take the time to answer the above questions.

I will give you an honest, and educated position of the law and how it will apply to you.

Regards

If this helps in any way please CLICK ACCEPT. The question will not close, and you may follow up if needed.

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