Will I have to wait to file bankruptcy because of Directv cancellation fee?

[debtsucks]

We had a DirectTv account that was suspended because we are living with our in-laws. Well I cancelled it on December 30th, and at the time the guy told me that I had a 30$ credit, but when I called them today to see if they received my equipment they tell me I have a early cancellation fee of 220$. Is this going to effect my filing? I plan on filing in February 15th. I am not sure how this will all work.

[JEM]

I would think you should be able to just include it.

[ANewLeaf]

Yeah, if you can't afford to pay it, I would just include it.

[debtsucks]

I wasn't sure if it would throw me into waiting the 90 days, because it is a new debt. I really don't want to hold out any much longer on my filing, these collection calls are driving me insane.

[StartingOver08]

The issue is not new debt within 90 days, like this DTV cancelation fee, its new charges to existing credit card accounts or new cc accounts within 90 days of filing. This should not cause you one second of worry. As others said, just add them to your schedules and you will be fine.

[Flowers]

I think it is nominal enough.
it probably automatically charged your credit card? I think that is okay.
Or, if you were billed, you can include in BK.
but like I said it was nominal.

[logansdad]

I have this issue right now and my lawyer said that it cant be added because it is new debt. I disagreed as well can I add it myself?

[StartingOver08]

When did you stop the DirecTV service? Before you filed? The OP has not filed yet so the bill can be added to the matrix.

[logansdad]

I filed on December 1st 2009 and canceled DTV on December 3rd 2009. I wasn't aware of any early cancellation fee or I would have ended it prior. It just doesn't sit well with me I never signed anything contract wise and I have been a customer for 7 years.

[StartingOver08]

You might try to move up your complaint to a supervisor with DTV because 7 yrs is certainly not 'early termination'! In my experience the CSR's did not have any authority to do anything out of the norm. Do send back your boxes because the fee's for them are horrible (don't remember exactly but something like $300 or $400/ea box!).

[snugharbor]

I can't answer your question, but wanted to add what I have been told about early termination fees. If you change your programming, add or subtract channels, add or subtract programming boxes or any other changes, you have entered into a new contract and the timing will start all over again.
It is like having a cell phone. If you get the "new free phone" every two years or whatever the contacts calls for, you are renewing the contract for another term.
I'm not 100 percent sure this is correct, this is only what I have been told by a person who once worked for a satellite company.

[BCA2009]

I had the same thing happen to me several years ago. The wanted over three hundred dollars in fees after I had the service for 5 years. After trying to escalate it to supervisors/mangers several times, I told them to pound sand. finally a collection agency called (about six months later). I sent them a desist letter to only contact me by mail, and demanded that they send me copies of signed contracts where I had authorized these charges. Never heard form that agency again. About a year after that, I got the same call from another agency. I updated and sent out the same letter. I haven't heard anything since and they never tried to report it on my credit report.

These companies are so quick and willing to add services, that they don't have time to send out contract agreements for these type of things.

And if they can't provide proof that you authorized the charges, they can't make you pay.

For the service, I got it thru circuit city or best buy. and they just get you to sign a receipt that they consider an "agreement".

No way, five years later they can dig up a copy of a receipt you signed at best buy.

[debtsucks]

I'm sorry but I think they are shady. I will never go with Direct tv again. It isn't worth the headache. They are now trying to charge my credit card the 220, but the cc company won't let it through because I am late by two months and over the credit limit with all the fees. I'm glad it hasn't gone through. I don't need them charging my cc and having that delay my bk even more.

[StartingOver08]

Be careful, they may try another account if you ever paid with another account. Despite what they claim, they actually retain the records of every form of payment you used to pay during the course of your subscription. So if you ever used a check or debit card from your checking account, make sure your funds are out of the account so they don't try an ACH or some other method to get the funds.

[debtsucks]

Yeah I know, but the only other account that they may have had was my old debit card number. That was reported stolen a few months ago and canceled. So I think I should be good.