Wrath
join:2000-10-31
Philadelphia, PA | reply to dl0711
Re: Rogers took my payment that has my own EUA
I love it. |
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2kmaro
Think
Premium,ExMod 1 BC
join:2000-07-11
ColossalCave
clubs:  
| reply to dl0711
I think you'd better hope it never goes to court - I'm thinking you're going to lose.
By this logic one could write something like
"by accepting this payment, the referenced loan account is PAID IN FULL" on the back of your next house/car/credit card payment and think to skate out of the rest of the thousands of dollars you owe. It doesn't work that way...
Not sure about Canadian law, but in the U.S. contracts with a total worth of over $500 have to be written and agreed on by signature of all parties, and there are special rules dealing with contracts with an open end/indefinite time limit on them.
But I like your attitude! 
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then think again! |
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Wrath
join:2000-10-31
Philadelphia, PA | But wouldn't a signature on the back of the check (at the time of cashing) warrant a signature from the other party?
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mepadre
join:2003-08-15
Waterloo, ON
| reply to dl0711
Do you really think that Rogers signs the back of each and every cheque? I would suggest, at the most, that it is stamped with something along the lines of 'For deposit only to the account of Rogers Communications Inc.'.
Additionally, given the remote possibility that it is signed by a Rogers peon, I would suggest that they would not have the authority to bind the company by way of contract. |
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treetop1000
join:2003-11-07
Lexington, KY
| reply to dl0711
There are limits to what you expect me to believe.
I -DO NOT- believe you actually had "a lawyer" look at this "device" as a legally binding agreement. If you know anything about law, you will remember that a contract agreement MUST be signed and retained by both parties -before- services are rendered, or goods delivered, or whatever. You signed up with them, remember? You'll find in there somewhere, that -they- are the only parties who can change the agreement, and the terms of the agreement are chosen by them, NOT YOU.
Basically, you agreed to pay them to provide a specified service, and they got you to sign a form that says "we get x dollars/month, we provide x capacity/month. And oh yes by the way, these terms are non-negotiable and these terms may be changed AT OUR DISCRETION.
And then *you* signed (accepted the terms)on it.
There will be NO changes to that document unless -they- author them, and any changes YOU make to the agreement will be considered null and void because they did not author those changes.
Do not make the assumption that there is a way to hold them to terms that they did not agree to beforehand.
THEREFORE I BRAND YOU TROLL! |
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Cuchulainn
The Roar of the Masses Could be Farts
join:2000-11-09
Chevy Chase, MD
 ·Verizon FIOS
1 edit | reply to dl0711
said by dl0711  :well believe it because it was. I have a Friend that is a lawyer also my Uncle is a lawyer took them about a Month to look into this and they said its Legal. Look at your TOS - especially one of the last provisions called "merger" or "entire agreement" or something like that.
It will say that the TOS is the entire agreement and nothing can amend it unless in a writing signed by Rogers (ps - mechanical endorsment of your check doesn't qualify)
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Sure eagles can fly high. But weasels don't get sucked into jet engines.
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harryhoudini
join:2003-02-05
Los Angeles, CA
2 edits | reply to treetop1000
Merchant payment checks go directly to processing centers for crediting to accounts. Once updated, they are sent to the merchant’s financial institution for clearing and placement of the “Credit to the account of” stamp and MICR encoding. They are not actually signed. In fact, many times checks written to a specific merchant are sent to the wrong merchant and still clear. Processing of debits is primarily done via automated means and many times do not get caught unless one of the parties files a dispute or notices the discrepancy.
Also, I don’t know how a lawyer would approve such a poorly written contract. I mean, “Go after me”. {moderated} It is almost written like a chain e-mails or letter. “The end user agreement was approved by a lawyer and says that if Rogers has EUA then the end user can have a EUA. What will we see next? Will it get posted on snopes.com? |
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COMMAN
Plug Me In
join:2000-07-17
Mount Juliet, TN
 ·Embarq
 ·Vonage
| reply to dl0711
While it might not (probably wouldn't) hold up in court, I still salute the "thoughts/actions" of those who would stand up for what they believe is right and "give the finger" to the corporate pencil-pushers. Any action on the part of the end customer to do more than "roll over and take it" is a good thing; it may or may not change anything, but it beats the total inaction displayed by 95% of the population, simply by showing some brainwave activity on the part of the paying customer (and some shiny brass cahones)!!
You get 2 thumbs up (and a loud "Hell Yeah!") from me. |
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The Folsom
Kindly Shut Your Noise Hole.
Premium
join:2003-01-31
Yucaipa, CA
·Verizon FIOS
| reply to dl0711
Nicely done... If your ISP renegs on your EUA, I think you will have a big fight on your hands. Keep us posted from time to time, please.
Kudos.
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Who is "Roger" and why is everyone calling him on the radio?»www.folsomtech.com |
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insomniac84
join:2002-01-03
Schererville, IN
| reply to dl0711
I have seen checks from advertising companies that if you cash you agree to opt into a monthly pay service that can be cancelled at any time. Those checks work, so there is no reason this check won't. I have to say its a damn good idea. All they have to do is cash the first one and they are screwed.
Some people are saying you can't do this because you could put any terms on the back, but the thing is you can. No one forced the recipient to cash it and accept the terms. If you owed them money, they could reject that check and say you still owe them and then just screw your credit rating like they would in any non payment situation. |
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Chameleon
Premium
join:2004-11-24
Virden, IL | reply to dl0711
Why not push it?
Download as much as you can and push the limits to see if they drop you.
What can it hurt?
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"...naive posters are often mislabeled as trolls." |
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Zeb
Premium
join:2000-07-10
Lewisville, TX | reply to dl0711
"I HAVE FRIENDS THAT ARE LAWYERS AND MY OTHER FRIEND IS A LAWYER I LIKE HAVING FRIENDS THAT ARE LAWYERS"
..........
what? is this person 12? |
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captokita
Premium
join:2005-02-22
Calabash, NC | reply to dl0711
nice try....
So what's next?
Can you then make it state "By cashing this payment you agree to provide DSL services for free for the term of one year." and expect it to work?
No, you couldn't.
Nice try tho |
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sbrook
Premium,Mod
join:2001-12-14
H0H 0H0
 ·Rogers Hi-Speed
Host:
Rogers
Bell Canada
| reply to insomniac84
Re: Rogers took my payment that has my own EUA
said by insomniac84 :I have seen checks from advertising companies that if you cash you agree to opt into a monthly pay service that can be cancelled at any time. Those checks work, so there is no reason this check won't. I have to say its a damn good idea. All they have to do is cash the first one and they are screwed. Some people are saying you can't do this because you could put any terms on the back, but the thing is you can. No one forced the recipient to cash it and accept the terms. If you owed them money, they could reject that check and say you still owe them and then just screw your credit rating like they would in any non payment situation. Not only is that stipulated on the check, it is also stipulated in the accompanying literature. Moreover the check is unsolicited.
In this case, there is an existing agreement in place that describes the nature of the business contract which that cheque is deemed to honour. |
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jakoe420
join:2003-09-05
Knoxville, TN
clubs:
1 edit | reply to dl0711
Upon reflection, I do not wish to post. Take me back! |
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harryhoudini
join:2003-02-05
Los Angeles, CA | reply to dl0711
If a lawyer said you could do this, they may have interpreted as a restrictive endorsement. |
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Da22in
Buck Fush
join:2002-06-10
Charlotte, NC
clubs:
| reply to dl0711
I say fake. The printing of the EUA looks like photoshop to me. I could be wrong ...but it's unlikely.    |
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Lostintech
Phillydude
Premium
join:2004-11-21
Philadelphia, PA
clubs:
| *agree* |
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funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
·Verizon Online DSL
·Skype
| reply to dl0711
That's cute!
That wouldn't get you far in the US courts. Here, you cannot obligate anyone to do anything by NOT accepting your payment.
But most of an ISP's EUA or TOS is bullchip that doesn't have any force until either a court says it does or unless someone decides to voluntarily comply. Most of the time, legal-sounding language makes us voluntarily comply.
Go for it! |
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wilsonp
@cable.rogers
| Have search for "dl0711" in google. You will notice he has a thing for class action lawsuits and urging people to sue for the silliest things. Although he admits in more then one thread he knows nothing about the law.
He's a 23 year old guy with obviously LOTS of time on his hands.
And he makes alot of things up. |
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