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My aunt died and dish is charging us the ETF

EliteLamerEliteLamer __BANNED USERS regular
edited August 2009 in Help / Advice Forum
This is the most messed up thing ever. My mom got my poor aunt dish a few months ago. She asked if she died if they would let the contract go and they said yes. So my aunt died last night and we are canceling services. So we call dish to cancel and they said since my mom is also on the contract she has to pay the 300


Also my aunt sign the contract not my mom but they said my mom agreed to the terms on the phone.

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Posts

  • EggyToastEggyToast Jersey CityRegistered User regular
    edited August 2009
    Why is your mom on the contract? And did you tell them that they told you that if your aunt died, they would waive the termination fees? And if you did and they didn't care, did you escalate to a supervisor?

    Most of the people who answer the phones for customer service have a script, and they can't deviate from what they can tell people lest they be fired (they simply don't have the authorization to cut deals or make exceptions). So make sure you talk to someone higher-up, and emphasize that they told you this would be no problem, and now they're trying to get money out of you and your aunt is freaking dead and don't they have any sympathy or ethics for trying to collect on the deceased for a contract?

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  • SpherickSpherick Registered User regular
    edited August 2009
    If your mom didn't sign the contract, shes not liable. They are trying to bully her.

    Your aunt's estate will be charged the fee though

    Spherick on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited August 2009
    She didn't sign but she was paying for the service and they have her credit info. They said she agreed to the terms on phone.

    EliteLamer on
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  • FFFF Once Upon a Time In OaklandRegistered User regular
    edited August 2009
    Sounds like one of those stories your local news station would love to get a hold of.

    FF on
    Huh...
  • PeregrineFalconPeregrineFalcon Registered User regular
    edited August 2009
    EggyToast wrote: »
    Why is your mom on the contract? And did you tell them that they told you that if your aunt died, they would waive the termination fees? And if you did and they didn't care, did you escalate to a supervisor?

    Most of the people who answer the phones for customer service have a script, and they can't deviate from what they can tell people lest they be fired (they simply don't have the authorization to cut deals or make exceptions). So make sure you talk to someone higher-up, and emphasize that they told you this would be no problem, and now they're trying to get money out of you and your aunt is freaking dead and don't they have any sympathy or ethics for trying to collect on the deceased for a contract?

    This, and just keep going up the food chain. Follow this short mantra:
    If they don't have the authority to say "Yes" they don't have the authority to say "No."

    Failing that, The Consumerist would love to hear about this, and would be delighted to help you shit all over Dishnetwork. Edit - As would your local news outlet.

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  • ThanatosThanatos Registered User regular
    edited August 2009
    Call up, calmly and nicely explain the situation to them (including the fact that you were told if she died, you'd be able to cancel the contract). If they say you have to pay, thank them, and politely ask to speak to their superviser. Continue ad nauseum.

    Thanatos on
  • KyouguKyougu Registered User regular
    edited August 2009
    Send your story to consumerist.com. They love this sort of stuff.

    Kyougu on
  • MushroomStickMushroomStick Registered User regular
    edited August 2009
    A few years ago Directv suddenly decided I was a customer out of nowhere and in the end I had to contest the situation in writing. Also I had a police report to send with as I had never opened the account in the first place, but ymmv on that part of it.

    MushroomStick on
  • VisionOfClarityVisionOfClarity Registered User regular
    edited August 2009
    Spherick wrote: »
    If your mom didn't sign the contract, shes not liable. They are trying to bully her.

    Your aunt's estate will be charged the fee though

    This. Though if your mom was on the account you're stuck paying. Since your mom set up the account and was paying though, it does sound like she was on the account as you really can't set up an account in someone else's name. I'd dig out old bills and such to see if your mom is on the account solo or with the aunt.

    VisionOfClarity on
  • DragonPupDragonPup Registered User regular
    edited August 2009
    Submit this to the Consumerist, and contact the Better Business Bureau. If that doesn't work, small claims court.

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  • EliteLamerEliteLamer __BANNED USERS regular
    edited August 2009
    Spherick wrote: »
    If your mom didn't sign the contract, shes not liable. They are trying to bully her.

    Your aunt's estate will be charged the fee though

    This. Though if your mom was on the account you're stuck paying. Since your mom set up the account and was paying though, it does sound like she was on the account as you really can't set up an account in someone else's name. I'd dig out old bills and such to see if your mom is on the account solo or with the aunt.


    she was on the account just like I put my roommates on my cable bill to make payments . I don't see how that would entile my roommates to take care of the bill if I died. Even if this is so this is so they lied because when my mom set up the account they said there would be no etf if she died. I just don't understand why it is unreasonable to be released from dish upon death

    EliteLamer on
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  • VisionOfClarityVisionOfClarity Registered User regular
    edited August 2009
    EliteLamer wrote: »
    Spherick wrote: »
    If your mom didn't sign the contract, shes not liable. They are trying to bully her.

    Your aunt's estate will be charged the fee though

    This. Though if your mom was on the account you're stuck paying. Since your mom set up the account and was paying though, it does sound like she was on the account as you really can't set up an account in someone else's name. I'd dig out old bills and such to see if your mom is on the account solo or with the aunt.


    she was on the account just like I put my roommates on my cable bill to make payments . I don't see how that would entile my roommates to take care of the bill if I died. Even if this is so this is so they lied because when my mom set up the account they said there would be no etf if she died. I just don't understand why it is unreasonable to be released from dish upon death

    Your mom called up and made the contract, if I am correct, and you can't make an account in someone else's name for a variety of reasons (including that this would open the door to identity theft) so odds are the account is in your mom's name and your aunt was the one who was on it as an authorized person. If this is the case then your mom is responsible because it's her contract.

    If the aunt called up and set up an account then upon her death her estate would be responsible for any remaining bills and your mom would not personally be liable.

    VisionOfClarity on
  • SheepSheep Registered User, __BANNED USERS regular
    edited August 2009
    If the account is NOT in your moms name, then ignore it.

    CC companies and collection agencies pull shit like this all the time to strongarm people out of cash.

    Sheep on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited August 2009
    They are telling my mom to send back the equipment but still charge her. What should she do?

    EliteLamer on
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  • VisionOfClarityVisionOfClarity Registered User regular
    edited August 2009
    Is the account in her name or not, that's kind of the important detail here. If she called and set up an account in her name for your aunt then she has to send back the equipment and pay the bill because it's her account. If the account is not in your mom's name then she just has to send back the equipment and tell them to deal with the estate.

    VisionOfClarity on
  • ascannerlightlyascannerlightly Registered User regular
    edited August 2009
    EliteLamer wrote: »
    She asked if she died if they would let the contract go and they said yes. So my aunt died last night and we are canceling services.
    this reeks of classic sales department lie. did she get anything in writing regarding this? if not she could probably still bitch up a "manager" about ftc this attorney general that and get it removed.

    the phrase that i've found works with my own customer service experiences (and what works on me while i'm AT work, more often that i care to admit) is "i'm sorry, i'm not angry at you i'm angry at the situtation".

    ascannerlightly on
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  • MushroomStickMushroomStick Registered User regular
    edited August 2009
    Both of the big satellite companies keep the information on any credit card that is ever, even once, used to pay a bill. Then if the account ever goes delinquent for whatever reason (even if its because some jerk on their end doesn't actually close an account) they try every credit card that's ever been used on the account until one works. If your mom ever used one to pay your aunt's bill, she might have to have her credit card number changed to avoid this. The satellite companies have tens of thousands of open complaints about stuff like this with the BBB. They get the high customer service ratings because they're really awesome about getting you hooked up to their service, but as soon as something goes wrong or its time to cancel the account that's all out the door.

    MushroomStick on
  • Peter PrinciplePeter Principle Registered User regular
    edited August 2009
    Even if your mom is on the account, and even if she is legally liable for this cancellation fee, have her call up and ask for the fee to be waived. Be polite but firm, and do not get frustrated and hang up. Prepare yourself to be on the phone for hours.

    I had this happen when I signed a contract with that wireless internet company whose name I can't think of right now. Ummmm...Clearwire. I cancelled early, and they want to hit me with a $230 early termination charge. I stayed on the line and stayed polite, didn't raise my voice, didn't use any swear words, and so on. What I did do was firmly maintain that I didn't think it was fair that I should pay this fee (I think my beef was over the download caps they institute that made my netflix On Demand worthless). Eventually a supervisor got tired of my shit and said "Fine, we'll waive the fee." He was probably thinking "...asshole" when he said that, but I didn't give a shit, I got out of paying a bunch of money I couldn't afford.
    "i'm sorry, i'm not angry at you i'm angry at the situtation".

    Yes! Very good stuff. I would also add something like "Well [drone's name], you've been really helpful and polite to me, and I want to stress that I am in no way unhappy with how you've helped me, but I was wondering if I could speak with your supervisor?" And then praise the previous drone when you get the next one. I think you're more likely to get moved up the chain if the current drone doesn't think you're going to stick a dagger in their back as soon as you get a supe on the horn.

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  • eternalbleternalbl Registered User regular
    edited August 2009
    Even if your mom is on the account, and even if she is legally liable for this cancellation fee, have her call up and ask for the fee to be waived. Be polite but firm, and do not get frustrated and hang up. Prepare yourself to be on the phone for hours.

    I had this happen when I signed a contract with that wireless internet company whose name I can't think of right now. Ummmm...Clearwire. I cancelled early, and they want to hit me with a $230 early termination charge. I stayed on the line and stayed polite, didn't raise my voice, didn't use any swear words, and so on. What I did do was firmly maintain that I didn't think it was fair that I should pay this fee (I think my beef was over the download caps they institute that made my netflix On Demand worthless). Eventually a supervisor got tired of my shit and said "Fine, we'll waive the fee." He was probably thinking "...asshole" when he said that, but I didn't give a shit, I got out of paying a bunch of money I couldn't afford.
    "i'm sorry, i'm not angry at you i'm angry at the situtation".

    Yes! Very good stuff. I would also add something like "Well [drone's name], you've been really helpful and polite to me, and I want to stress that I am in no way unhappy with how you've helped me, but I was wondering if I could speak with your supervisor?" And then praise the previous drone when you get the next one. I think you're more likely to get moved up the chain if the current drone doesn't think you're going to stick a dagger in their back as soon as you get a supe on the horn.

    The dagger in their back is gonna come from the supe they're putting you through to. Sad truth.

    Why do you think its so hard to get a supe on the phone most times? They (the supes and the reps) gotta play a constant balancing act between towing the company line and being a decent human being. Phone customer service is a hell like no other.

    E-mail this to the consumerist and dish corporate and save yourself and some phone jockeys the discomfort.

    eternalbl on
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  • EliteLamerEliteLamer __BANNED USERS regular
    edited August 2009
    I am going to email this like you all have suggested. Thanks for the help on a shocking and depressing event :(

    EliteLamer on
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  • GonmunGonmun He keeps kickin' me in the dickRegistered User regular
    edited August 2009
    Sorry to hear about your Aunt and all the troubles, EliteLamer.

    Providing that the account is in your Aunt's name, normally you would just need to fax a copy of the death certificate for confirmation and they will close the account and waive any etf's. If it was an account in your mother's name it can be really tricky. It's the sort of thing that supervisor's have to weigh when dealing with these situations but they do have the authority to waive the fee.

    Good idea on the email though, that way if things fall through with a sup then you have something to fall back on.

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