You should be able to get full credit for the DVR-functionality for every month it doesn't work. Plus probably a bonus credit for the annoyance factor. The more pleasant you are with the rep on the phone, the more bonus credit she can grant you.
Your assumption that they are your recordings may not be correct. Probably you are just renting the recordings and they would all "disappear" if you were to stop paying the extra monthly fee for DVR service.
To own the recordings and control them as far as a consumer's digital-rights allow, you would have to buy a retail device that has its own storage for the recordings.
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