American Dream Vacations

Complaint: [redacted]
I am rejecting this response because:
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[I in no way agreed to the terms and conditions of the contract, there is a reason your contract requests a email signature which was never done. Sending a contract alone does not constitute agreement. Please have your legal team review and for one last time I am citing section. One last time I am going to state that the applicable law in the State of NY for our current disagreement is N.Y. UCC. LAW § 2--201 : NY Code - Section 2--201: "a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker." If you disagree with the application of this law which is currently state law in NY, please cite the applicable law and section of the law you are citing when enforcing an unsigned contract. You have yet to respond to this on repeated requests. Please stop stating a vrbal contract is binding without citing the applicable law for my review as I have done for yours. ]
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my...

complaint has NOT been resolved because:

[Your Answer Here]
 Burke called me and claimed to have only run my credit one time.  I am looking at my credit report and see 3 inquiries on June [redacted], July * and July **.  I sent Burke a formal request a year ago askimg them never to run my vredit again.  They ignored my request and have negatively impacted my credit score.  I want all 3 inquiries removed.  
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

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[redacted]   To Whom It May Concern:   This letter is to confirm that on 12/**/16 [redacted]’s issue was...

resolved.  We have reached out to him to discuss any further concerns.       Please let me know if you require additional information.   Sincerely,       Elizabeth P[redacted] Customer Service Manager

[redacted] signed up on our Automatic Payment plan as of 03/**/15. In order to take part of the auto pay process the customer is required to complete a form authorizing us to charge the card they designate and the form does state that the card will be charged any charges due between...

the [redacted] & [redacted] of each month.  [redacted]'s signed form of authorization was received on 3/*/15 and any charges following that date were automatically charged to his card per his authorization.  The service agreement renewed on 11/**/15 for which a copy of that invoice along with a copy of the contract and what it covers were mailed to him and that balance was charged to his credit card as per the Automatic Payment guidelines. As of today, the account is canceled, the service agreement was removed and credited.

As explained in our first response, the recording from 10/**/15 that we have on file was reviewed and [redacted] did not cancel his account that day, nor did he make it clear to the gentleman he spoke with that he no longer wanted any deliveries from us.  The representative advised [redacted]...

[redacted] that his pricing contract is over but his account is active and open and that he was coming up for a delivery.  The representative quoted the new contract prices and [redacted] stated that he wants to shop around and he asked if we deliver upon request at whatever that day's price is.  The representative responded yes that he can remain on the variable price.  For that reason we continued our services and delivered on 12/*/15.  That delivery has been discounted by 0.20/gal and will not be discounted further.  The account was closed out on 12/**/15 and no further services or deliveries will be rendered.  The current balance on the account is $247.58.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[On 9/**  I was verbally advised by Burke's Sales rep that I can go into contract with Burke Heat for one year but I was not able to confirm when I would receive my last delivery by as I very clearly stated I was on an auto delivery and had an additional 30 gallons but it was at Slomins discretion when they would make the delivery. This point was made very clear to your sales rep which is why I feel I was lied to as the contract I was emailed clearly stated that once I signed I could no longer accept a any oil delivery from another supplier. Burke's contract makes no exceptions to this issue and stated that in the event I took another delivery from another supplier I would be in breach and could be assessed a $599 termination. Due to the fact that this was not what was verbally agreed to, I refused to provide my electronic signature to the contract and advised the sales rep the next time we spoke that I simply need an email or something in writing stating I can get one more delivery without being assessed the $599 termination credit. I never received any notice by mail or email and as such I never signed any type of contract with Burke. They are attempting to enforce provisions of their written contract which was never agreed to in writing and never even discussed verbally. I would also like to point out that per N.Y. UCC. LAW § 2--201 : NY Code - Section 2--201: "a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker." Lastly, I want to point out that it is egregious that even had Burke Heat felt that I was under contract, they made no attempt to deliver oil or provide any type of email or written notice that they were attempting to make a delivery. The have never received any emails or letters regarding my account or status until 2/2015 when I received an invoice for $599. 
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

Dear [redacted], We have reviewed your follow up response and although you do have other companies who disagree with our recommendation, Burke stands by their inspection results and is unable to service you with this tank.  With that said, as you’ve requested, we are honoring the termination of your account effective today 09/**/2015 and waiving the early termination fee of $399.  We are also refunding you the prorated difference for the service agreement in the amount of $108.35.  As for the repair, please submit a formal estimate to Lynne Biddle via email and we will contact you upon it’s review. Should you have any questions feel free to contact us at ###-###-####. Sincerely,Burke H[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is settled as I have paid in full based on my signed legal contract. It is up to the business owner to uphold legalities of contracts and to rewrite the contract for future clients if they decide to impose additional fees. I will not personally use their services again and will ensure my friends and family are aware of their poor business practices. This record with the Revdex.com also reflects as such. 
Regards,
[redacted]

Mr. [redacted], I completely understand the frustration with delays after being told a time the vehicle will be ready. While we certainly do our best to meet the requests of our customers for early pickups, our guaranteed weekday pickup times are 2-5pm. To reinforce this, our system automatically notifies...

customers of vehicles with turnaround status. The vehicle you selected was scheduled as a turnaround which means it was returning the same day, from a previous rental, prior to 11am. From here, the vehicle is to be made-ready which includes checking several systems as well as undergoing a complete disinfection and detail inside and out prior to your departure. It is not uncommon for items or issues to be found at this stage of preparation. In the interest of you and your family's safety, it is important that corners not be cut, which can regrettably result in unforeseen delays.  As you mentioned we had 3-5 employees working diligently the entire time, to make the process as thorough and timely as possible.  This vehicle was off the market and unavailable for customers to rent during the period that you scheduled.  As we were finishing the process of preparing the vehicle for your trip you chose to cancel.  We obliged and charged the cancellation amount called for in our agreement with you.  No further compensation will be considered in this case.  I sincerely apologize to you and your family for the unforeseen delay and the inconvenience.  It is always our hope and goal that every single customer have the trip of a lifetime and embrace the RV Lifestyle.

Complaint: [redacted]
I am rejecting this response because: Nothing was disclosed beforehand
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if he complaint will be closed Administratively Resolved]

[redacted],  Because we secure the product for our customer at the time the price is offered and accepted by the customer, we are contractually committed to purchase that product from our supplier at the price we originally agreed to. The security measures we take are hedging and other market mechanisms. These mechanisms protect us, and our customers, against these market fluctuations, as they are designed to ensure that we will be able to fulfill price and product commitments to customers even if our cost of product increases or supply runs short – which is very important to the customer, us and the Attorney General’s Office.  These security measures ensure that we can honor the commitments and contracts we make with customers, even if the price of oil increases or supply is tight.  In an effort to address the issue of obtaining signatures, like many companies, we have sought to take advantage of the use of technology that allows us to evidence our contracts, including electronic records and electronic signatures.  With the customer’s consent, we record our offer and the customer’s acceptance of a protected price contract or a renewal, including the early termination fee. We continue to mail to each customer a confirmation of the terms of the contract or renewal.We are proud of our long history of service to New York residents. We should emphasize that we have honored our contracts, based on the phone agreement and written confirmation, by providing the oil to customers at the negotiated prices, no matter the circumstances in the marketplace or the weather.  The early termination fee will remain on the account and will be collected on.  Should you choose to pursue this legally, then the matter can and will be addressed with our attorney's at that time.

This complaint has been reviewed and passed along to our service manager who has reached out to the customer in order to discuss the concerns and provide the needed documentation.

Complaint: [redacted]
I am rejecting this response because:The company's response is deliberately misleading as to the facts.The company's response suggests that I was at fault. What the company's response does not say is that the arm of the awning hit the tree because there was a fault in the RV that was rented to me, not because of any negligence or carelessness on my part. A part on the awning failed, and the awning arm shot out to its full extension (while I was driving at approximately 55 mph). Before I could stop, the awning arm, which now stuck out from the side of the RV approximately 8 feet, hit a tree by the side of the road.This misleading response from the company is typical of the contact I have had with them since the rental, and is a good indicator of why they have earned an 'F' rating from the Revdex.com.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

We have responded to this complaint in several ways explaining the early termination fee and the verbal recording which serves as the binding agreement in the state of NY and that he agreed to the terms & conditions that were stated in the recording then consequently voided the...

contract.  At this time, the balance stands and it will be collected on.

Hi,We have already contacted [redacted] on 7/**/15 and explained why we ran his credit and what steps will be taken to reverse one of the inquiries.