Direct TV Negligently Improper Installation and Breach of Service Contract Greenwood Village Colorado

I believe my letter to Direct TV today says it all.

If anyone else wants to contact them their e-mail addresses are:

'eafilipiak@directv.com'
'HZBitew@directv.com'

DIRECTV, Inc.
ATTN: Ellen Filipiak, Senior Vice-President for Customer Relations P.O. Box 6550 Greenwood Village, CO 80155-6550

Dear Ms Filipiak,
It has taken me a great deal of time and effort to locate you and your contact information as well as detail the issue I hope you will take immediate action to resolve. I hope you will take the time to review my concerns and issues then take prompt action to resolve them.

I am at the point where I can find little reason to continue service with Direct TV but every reason to tell everyone I know not to subscribe to the service, including my local cable company who would, I'm sure, see what a great television advertisement my experience would make. I am also sure, from my research, the State of Virginia Attorney General would be interested in this matter as well if we cannot resolve it informally as I hope we can.

To begin, if you review my account you will see that I have been a loyal Direct TV customer for many years and through several military moves. I hope to remain a loyal customer, but that depends on DirectTV's actions in resolving this matter.

As a bit of context, please also keep in mind that I have been paying my bill in full and on time by automatic payment since subscribing to DirectTV, but HAVE NOT HAD SERVICE ON ONE OF MY RECEIVERS for OVER 3 MONTHS.

My problem began several months ago when the service to one of the receivers in my home abruptly stopped. Over the previous 3-4 months (which you can confirm by review of my service records), I'd been experiencing a constant problem with the HD receiver "pixilating", with the audio and video breaking up and making the programming difficult to watch on the HD channels I was paying for and affecting my television (see below). Your service rep at the time stated the receiver would likely need to be replaced.

The reason for the service call was to troubleshoot and re-establish service on the TiVO Satellite TV box in my home that I had been without the ability to use for several months as previously mentioned. The service call occurred after I contacted and worked with at least 3 Direct TV customer service representatives or automated troubleshooting systems operated by DirectTV.

In all cases I explained the receiver was not getting any signal from the satellite and that I had already re-set the system according to DirectTV instructions several times. Despite this, your service representatives, at each instance, made me go through the entire process again and again declining to schedule a service call until I had done so. This took several hours and was a waste of time.

On or about September 3, 2007 my 65 in Optima RD65 DLP television, connected to the HD receiver by your install technician (see service records) abruptly ceased working (see further details of the relationship between the HD receiver and the TV below).

On or about September 4, 2007 when your service representative arrived at my home and the location at which I contracted with your for service, that being 214 Terrebonne Road, Yorktown, Virginia 23692. The representative was courteous and helpful, a refreshing change from the telephone support representatives, and what precedes and follows is no reflection on him or the local repair personnel who, as you will see, did all they could to assist.

After his arrival, your technical serviceman made a complete inspection of my entire Direct TV system, both receivers, and all connections. His conclusions were as follows:

1. The DirectTV installer who installed my DirectTV system and the upgrade to the new HD receiver and service I purchased from you installed it COMPLETELY WRONG. Among the most serious of the negligent installation and associated actions were (but not limited to):

a. The HD Receiver was NOT properly installed or grounded. A direct violation of DirectTV installation procedure, local, FCC and other codes. This resulted in the receiver itself, my sound system, and my Optoma RD65 HDTV being completely unprotected and at risk for damage.

b. The HD Dish installed was actually an older model when the technician should have installed the four LNB "slim line". In short, an obsolete dish was installed for the HD and local channel upgrade I paid for and on which the purchase of my new HD receiver and associated extension of my service agreement was based.

c. The old "round" normal DirectTV dish previously installed by one of your DirectTV representatives during my initial contract after moving to the area was not only left attached to my home but it was connected to the TiVO receiver in my home that was non-functional and the subject of the initial service call.

In short, rather that connect both my systems to one new dish DirectTV's installer left one connected to an obsolete dish not used by direct TV in well over 5 years. This can only be the direct result of negligence or incompetence on the DirectTV installer's part.

d. The wiring from both dishes (as described by the technician) was a "bird's nest" jumbled and routed through a converted that was so old that DirectTV does not even use them anymore. Again the negligence or incompetence of the DirectTV installer was the only possible cause.

2. The system, in it's present state could not be repaired. Resolving the problem required the ENTIRE system be removed and re-installed to include new wiring to the receivers, removal of the round dish from my house, replacement of the HD Dish, replacement of the defective TiVO receiver, and possibly replacement of the ungrounded "pixilating" HD receiver.

3. The level of repair needed could not be accomplished in the short time he had for the service call and would have to be re-scheduled.

In my presence, your DirectTV repairman called his supervisor and explained the afore mentioned and several other deficiencies. He informed me they would schedule a time to return and rebuild the entire system to "get it right". This would correct what was the result of previously negligent instillations that directly resulted in unsafe conditions.

Shortly after the technical left his supervisor, "Joe", from MASTEC telephoned me to discuss the situation. He explained again the problems with the system caused specifically by improper installation. He stated that in order for him to correctly schedule the work I needed to contact DirectTV and place another work order. He dictated to me a list of SPECIFICALLY what he needed me to request.

I called DirectTV, finally reached a customer support rep. To save you time let me synopsize a series of approximately 7 conversations I had with numerous representatives at Direct TV during the day. If you want the details of each conversation I have them available in case this needs to go to another level, but, as I said, I hope to avoid that.

I dicted the exact list "Joe" gave me to the Direct TV representative and was told they would have to call me back with a date for the services as the "system was down". I was referred to the insurance section for replacement of the boxes and explained it to them. I received work orders for both.

Several hours later I received a call from DirectTV to schedule the date. When I reached a representative I was told the work order had been cancelled and I needed to call DirectTV and start again.

I called DirectTV again. Explained the situation again. Gave the list to another rep. They also could not schedule a date.

This cycle repeated until I finally reached a nice young lady who checked with her supervisor who said the only way to fix the problem was to completely cancel the work orders, start over, and list the work required as a "relocation" as if I was moving in order to get the system completely re-installed. She also could not give me a date because her system would not let her.

I then received calls from no less that 3 DirectTV representatives asking me why I wanted the work done that was request and this required me to give the same story to each one.

I then received no less than 4 automated calls to schedule dates and was transferred to a DirectTV rep where I had to relate the situation and what was needed again.

In the interim I had to telephone "Joe" no less than 6 times to keep giving him the Work order numbers which he tried to look up on his system and when he could not I started over. Joe also called me numerous times to update me and try to find the work in the system.

It is now Wednesday September 6, 2007. A repairman just came to the house and called me at work. Ironically, he's the same person who incorrectly installed the HD system in the first place. Not surprisingly he says there's no problem, that he was sent out to only connect two wires, he is not allotted enough time for the job, etc. etc.

As I type this I am currently on the phone with "Brian" at DirectTV. He has personally called the technician at my house and he cannot convince him to do the work. "Brian" tells me that the soonest he can get me a "mover's connection" appointment is September 29th... Another month without full service.

I ask you to consider how if your own DirectTV representative cannot get your own technician to do work you were specifically contracted for, what can I do? Brian specifically told me on the phone that it was obvious to him the tech at my house just does not want to do the work. I asked Brian to report that attitude and this situation to the proper management representative. Only you know if he did that or not.

Your DirectTV representative also stated he was going to schedule the appointment on a Saturday so that I could personally be there and supervise the work.

I'll let you think about that for a second or two....

There is nothing in the service agreement that requires me to supervise technical personnel or other employees of DirectTV. I do not believe I am properly qualified to supervise the technical installation of your equipment.

Quite simply, in accordance with applicable state and federal laws, this constitute a grievous breach of contract. Although the Service contract I am currently under is earlier than the CUSTOMER AGREEMENT Effective as of April 24, 2007 posted on your website, these actions constitute several breaches of the contract by Direct TV to this agreement.

If necessary, I will research the Customer Agreement in effect at the time I subscribed for additional violations, but my hope remains we can resolve this matter without the need to do so for for the formal arbitration the contract provides for.

In that agreement, DirectTV agreed to provide me service for which I agreed to pay. DirectTV has no provided that service and, by the negligence of the installation, has created a safety risk and more likely than not caused damage to my TV equipment.

Section 8. "LIMITS ON OUR RESPONSIBILITY" in the CUSTOMER SERVICE AGREEMENT Paragraph (a) Service Interruptions states: "We are not responsible for any interruptions of Service that occur due to acts of God, power failure or any other cause beyond our reasonable control. However, because we value our customers, for an interruption of a significant length of time that is within our reasonable control, upon your request we will provide what we reasonably determine to be a fair and equitable adjustment to your account to make up for such Service interruption."

It is indisputable the service interruptions were caused by negligence, possible gross negligence, on the part of employees or agents of DirectTV. These were clearly not an act of God or failure beyond your reasonable control, as you have both the legal and ethical responsibility to hire and maintain

In accordance with Section 9. "RESOLVING DISPUTES", paragraph (a) Informal Resolution of the CUSTOMER SUPPORT AGREEMENT" "We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 9(d) below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to the address on the first page of this Agreement, and we will send our notice to your billing address."

The hard copy of this notification is going to you by mail today, but this serves as formal notification. I am also providing you this notification in advance to give you every opportunity to engage in this process early so we can reach an equitable resolution. Specifically, in regards to what may be the damage caused to my HD Television potentially by the negligent installation by DirectTV personnel, I have this day contracted with a certified manufacturer's service representative for my HD TV. At the cost of over $160, he is picking up the unit to give it a complete diagnostic and inspection.

I am giving you this opportunity to inspect the unit or have it inspected and consult with him if you desire. Should you decline to do so and the results of his inspection determine the damage was, in fact, caused by the negligent and improper installation of your equipment by your employees or agents, you understand that your forfeit any future right to inspection or rebuttal to his findings.

I will notify you immediately of any repair costs that the technician determines are directly or more likely than not caused by the negligent installation and will give you 24 hours to respond or inspect the unit for yourself before authorizing the repairs and adding the cost to the issues we need to resolve.

While you may initially tend to dismiss this as "an isolated incident", my research of other customer complaints and the body of evidence I've accumulated, to date, regarding those complains shows it is not. The number or representatives and other DirectTV employees I've documented as dealing with in this matter clearly shows there is a systemic problem.

In conclusion, while I understand some portions of this correspondence may appear harsh, I ask that you consider that I am honestly trying to resolve these issues and remain a DirectTV customer. I'm sure you'll agree that the average person would have initiated litigation without trying to work this problem out with you informally.

Thank you for your time and I look forward to hearing from you. Should you fail to respond within the next 10 working days I will take the additional appropriate action.

Sincerely,

Bob
Yorktown, Virginia
U.S.A.

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