I'm Suing Dish Here's My Intention To Sue Letter
LANCASTER, CALIFORNIA -- I'm Suing Dish!!! Here's my intention to sue Dish letter: On 12/10/08 my Dish bill was paid in full with a balance of $0.00. On 12/10/08 Rose/Billing Supervisor at Dish agreed to meet a competing offer to me from Direct TV for 250 channels plus locals plus HBO and Showtime at $60 per month and agreed to cut my December bill paying in advance for December, to $60. In bad faith breach of contract, fraudulent inducement, interference with competing offer, fraudulent billing practices, fraudulent credit card practices, harassment and fraud, Dish did not cut my December 2008 bill to $60, did not bill me at the agreed rate of $60/month at any time since our contract of 12/10/08, and has repeatedly phoned me and emailed me and mailed me fraudulent bills with fraudulent demands for exorbitant sums I do not owe. I have fulfilled all my obligations by paying $61 - $65 /month to Dish since December, 2008 on time, in advance, in full. I have OVERPAID Dish each month by paying $61-$65, as the taxes are $0.41. Between December, 2008 and March, 2009, I phoned Dish 3 times and requested Dish correct its bills, mitigate its bad faith actions and perform its obligations, but Dish refused while admitting DIsh records reflect Dish's agreement on 12/10/09 to charge me $60/month, and also admitting that I have paid $61-$65 /month timely as and for payment in full.
A full six months ago, in March 2009, I noticed Dish in writing of the foregoing facts and demanded: "This shall serve as formal and final demand that Dish correct its bills to show that I have paid in full each and every month timely, mail me written proof of said bill correction, bill me henceforth at the agreed sum of $60/month, and cease all harassing phone calls, emails and fraudulent mailed billing statements. Your failure to perform your obligations shall force me to sue Dish. This shall serve as formal notice that I prohibit any phone call from Dish henceforth and that I shall tape record all phone calls from Dish without further notice for evidentiary purposes of fraud and harassment.
Any phone call from Dish henceforth grants consent to tape recording." Dish in bad faith, despite being noticed in writing and despite my 3 good faith phone calls to Dish, refused to correct the bills to reflect its contract with me, and relentlessly and oppressively without interruption continued to send me bills and emails fraudulently claiming that I had "past due" sums, and fraudulently claiming that "We have not received payment for your last statement. You must pay the total amount due immediately to avoid additional late fees and service interruptions." Most recently, on 9/10/09, I received a bill dated 9/23/09 from Dish claiming a false "previous balance" of $114.49, a payment of $60, and false "current charges" of $81.96. The correct "previous balance" was $60, not $114.49, the account has been paid in full each month, so the correct balance should state $0.00, and the correct "current charges" should be $60, not $81.96. This date a notice appeared on my TV screen stating that my Dish service will be cancelled unless I make an immediate payment, when as Dish at all times knew, I paid my September, 2009 Dish bill in full, in advance for the entire month on 9/4/09, and that no payment is due or owing. This date Dish's bad faith conduct and false threats again forced me to take my valuable time to phone Dish and request again that Dish correct its bills and cease fraudulently demanding sums I do not owe, and cease false threats to disconnect my service unless I "immediately pay" sums I do not owe, when I have already paid in advance for 9/09. At 11:45pm this date Saturday 9/12/09, I had a completely nonsensical and obstructive conversation with your purported "billing adjustment" person Steve KKR. He admitted Dish records reflect the $60/month agreement and my written March, 2009 Intention to Sue and Demand for Performance and admitted that I paid my September 2009 bill in full on 9/4/09, then tried to tell me that the current charges of $81.96 were $60 plus $22. of "taxes" when the bill states taxes are $0.41, and also incomprehensibly told me that the fraudulent "previous balance" of $114.49" when I had a correct previous balance of $60 = overcharge of $54.49 -- were for a year of taxes at $0.41 per month!!! He also tried to tell me that the $60 per month did not include various undescribed fees and services. I told him again and again that Dish accepted my offer to pay $60 per month, period. He admitted the contract, but he refused to correct the bill, refused to mitigate Dish's yearlong bad faith conduct, refused to perform in good faith. All 4 of my phone calls to Dish both this date and from 12/08 to 3/09 were the same, admissions of the contract, then deliberate attempts to assert false vague fees and charges. Unarguably, Dish is willfully training its so-called "customer service" personnel to harm and defraud its customers, as proven in innumerable lawsuits and fines imposed by many states\' attorney generals and consumer fraud agencies. The message threatening to disconnect my service continues to display on my TV screen after my good faith effort and phone call to Dish this date to obtain DIsh's performance of our contract. As you know, disconnecting service to a customer who has already paid in full in advance for the month via credit card constitutes egregious credit card fraud, fraudulent banking practices and theft. As you know, absent my good faith reliance that Dish would perform its obligations to keep a good longtime customer, and retain a good customer in an economy wherein many people have disconnected DIsh service, I would have and should have accepted Direct TV's competing offer, and not been overbilled or oppressively and relentlessly harassed and threatened by Dish for the past year. Shame on you for treating a good, pay-on-time every month, longtime customer like this. It\'s just bad business, especially in a bad economy. Apparently, your business ethic is "Abuse the Customer." This notice shall serve as formal and final notice of renewed March, 2008 intention to sue with the addition of formal notice of intention to sue on causes of action of fraudulent inducement, fraudulent credit card practices, theft and fraudulent denial of service. I shall additionally submit at court a full record of the previous overbilling from day one of my good faith contract with Dish. Please be assured that I retain a complete record of all bills, all phone calls and all written communications. Please additionally be advised that should you in bad faith assign any false claim of "unpaid” sums to any assignee or collection agency, I shall swiftly sue Dish for additional causes of action. Yours very truly, cc: DISH NETWORK CALIF. SERVICE CORP CSC LAWYERS INCORP. SERVICE, CA Attorney General Gerald Brown, CA Consumer Protection Agency, CA Telecommunications Agency, CA PUC, BBB, Consumer Complaint online