Beshear Reaches $150,000 Settlement with Paducah-based Propane Business

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Reviewing the contract I see in the small print their legal right to do this. I also see my phone number clearly on the contract. It makes more sense to call a customer and ask if they are still using the tank rather than just come pick it up without notification. This tank was at a rarely used lake house, the same rarely used place they were more than glad to install it.
Regards,
[redacted]

Order was placed on January 5, 2018.  Delivery times have been extended due to high order volume.  Prior to being able to make a delivery, order was cancelled.

Customer acknowledges payment made was for an order that was placed.  Due to high order volume, our normal delivery window has been extended.  Customer canceled order before delivery could be made.  The payment made by customer will be charged back to the credit card provided at time...

of payment.

The date in the original response was a typographical error.  The date was 2007 as shown on the attached tank rental agreement.  The agreement is also signed by [redacted]

The five rental charges are for annual rent not monthly rent and are for the past five years customer rented tank.  Customer was only charged $50.00 for tank pickup but the version of the tank rental agreement customer had only called for a $25.00 fee so $25.00 will be credited to the account.  The tank rental agreement does not address pricing of propane and the additional per gallon price paid by rental customers is for maintenance of the equipment rented, not for rent.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[The contract most certainly does state the first year.  I will not pay, I have a contract in hand that I know how to read and it most certainly does state $36 a month the 1st year.  I will not pay that as long as I have it in writing that it is so.]
Regards,
[redacted]

A refund check will be sent to local location today.  When it arrives, customer will be contacted to pick check up and sign acknowledgment of receipt.

Revdex.com:
I have reviewed the response made by the business in reference to [redacted] and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[redacted]
Regards,
[redacted]

Customer was advised when she applied to become a customer that tank set could be delayed due to wet weather.  Tank was set on January 31, 2017.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.They sent a technician, his name was [redacted], out here and I talked with him.   He brought another lid identical to the lid that was on the tank.  He said they told him to bring it anyway even though it was the same style lid.  He said the tank is old and they do not make a lid that will fit it anymore.  They knew this when they brought it out and set it up the first [redacted]e.  The original installer said it was the wrong lid but it was all they could find and they would order a lid that fits.  The technician that came out last week, [redacted], said the only thing they could do is to replace the tank.  He said he would tell them that the lid does not fit, does not line up so you can latch it and that he would ask to have the tank replaced.  The tank lid DOES NOT line up with the latches so there is no way to secure it.  The lid is NOT made for this tank.  They sold me the tank so they need to replace it if they do not have a lid that fits it. 
Regards,
[redacted]

The charges which have been applied to the account are set forth in the tank rental agreement customer entered in June 2013.  As such, we dispute customer's claim that we are misleading.

As customer acknowledges in complaint, she requested to terminate tank rental agreement.  Upon tank being repossessed, the charges set forth in the tank rental agreement were assessed to the account.  A credit was then given for the propane remaining in the tank but the credit was not...

enough to cover the balance due so a statement was sent showing the balance due of 90.35.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I was contacted in 2010 or 2011 by Midway Propane UPG wanting to swap my tank out to a smaller size, I agreed, but no one never came to exchange my tank, UPG did not come and get tank because of usage. They never contacted me by mail or phone, I called them to discontinue  service.  After tank was pick up in 2013 I never hear from them until now over 3 years later.   I never received any letters or phone calls from Midway or UPG until 2-2016.  My mailing address address or my phone has never changed.   Why after three years are they charging me now?  Over the 2 gas leaks, I contacted Midway Propane after leak and they agreed to a credit for the lose propane (can't remember what they agreed too, it was not as much as thought I lost, that was too many years ago and I don't want to state a fact I'm not sure of).  I was told that tank rental was not charged if I used  or purchased a certain amount of gas each year.  So I do agree I may owe tank rental for a couple of years, but not for the entire time since they did not come and swap my tank to a smaller size.   I am getting charged for Midways error for not coming and swapping out my tank to a smaller size.   Midway propane a distributed for UPG is the one in error for agreeing to a credit and never giving the credit, also for not coming out to swap my tank to a smaller size to match my usage.  Also for misrepresenting the contract by stating I would only be charged for tank rental if minimal amount was not used.    I did receive a discounted offer from UPG this week, but I still don't agree I owe them the small amount they discounted.  
Regards,
[redacted]

The refund request was submitted to the home office on October 24, 2016.  Processing of refunds normally takes 6-8 weeks.  Customer will be notified when refund check is ready for pickup and will need to sign an acknowledgment of receipt evidencing receipt of the check.

The customer has been offered a replacement tank and a credit for 75 gallons of propane but customer has not responded to that offer.

Please see text below which is taken from the response filed with the [redacted] Attorney General's Office....

                                        ...⇄ June 28, 2016   [redacted]                                                    [redacted]      [redacted] Attorney General’s Office                                       [redacted]
[redacted]            Dear Ms. [redacted]: Your June 8th letter has been forwarded to me.  It came in while I was on vacation so please pardon the delay in responding.  I have reviewed Mr. [redacted]'s complaint and his account with [redacted] Creek.     It appears there was some confusion regarding Mr. [redacted]'s account in October 2014.  While [redacted] Creek was notified that Mr. [redacted] had sold his farm, it was [redacted] Creek's understanding that the purchaser of the farm was going to continuing renting the tanks and use the propane.  As Mr. [redacted] had already paid [redacted] Creek for the propane, [redacted] Creek had no claim to it nor did [redacted] Creek have any objection to the purchaser continuing renting the tanks.  As [redacted] Creek did not retake possession of the propane, there was no credit to apply to Mr. [redacted]'s account at that time. In May 2016, [redacted] Creek picked up the tanks because the purchaser of the farm had not bought any propane within the required amount of time.  In fact, it appears that the purchaser of the farm had never opened an account with [redacted] Creek.  As such, the credit for the propane was put on Mr. [redacted]'s account and the credit was at the per gallon price applicable at the time the credit was given.  Pursuant to its tank rental policy, [redacted] Creek typically does not provide cash refunds.  However, due to the confusion in this matter, [redacted] Creek has enclosed a refund check in the amount of $1,488.91.   If Mr. [redacted] would rather have the propane instead of this refund, we will be happy to deliver it to him.  If he would rather have the propane, please have him return the enclosed check and contact us to designate where he would like to have the propane delivered.                                         ...⇄ Sincerely,                                   ...⇄ [redacted]                                   ...⇄                                                     ...⇄ General Counsel           Enclosure

All incoming calls are recorded.  After reviewing the call, it is clear that [redacted] personnel were not rude as claimed by customer.  The call was ended when customer called the office manager a [redacted]  Customer has repeatedly been told that if he can produce evidence of...

ownership of the tank then [redacted] would be willing to move tank back to original location.  The person who originally purchased the tank is the one who requested the tank be moved.  Based on the records available to [redacted] that person still owned tank at time of request to move.  Customer is trying to involve [redacted] in an apparent dispute between family members and [redacted] will get involved in that dispute.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
If I did in fact have gas ordered in late 2009, and quiet honestly it could have been in 2010 that I told them to come and get the tank. The reason that I said 2009 is that I had a new Heatpump installed in the spring of 2009 and it was replacing a central ac with gas heat, yes I had a gas fireplace that was back up heat. I do not know why that one year would make any different in the bill if it was 2010 or 2009 that I told them to come and get the tank, they are still trying to charge me for 5 years of tank rental and the min. usage charge, cause the FACT is that I did tell the Lady in the Fairview office to get the tank at lest 6 years ago, she NEVER said anything about it having to be in wrighting, she couldn't even tell me when they would come and get it "just when we get around to it" So they keep coming up with Excuses like "it has to be in wrighting" the Customer does not know this if their employees don't tell us. I am still willing to pay the $50.00 tank pick up fee and that is all. I think that they had PLENTY of time to get the tank after 6 or 7 years of a customer not calling to order gas, if I ran a Business like that I would be aware of something that was no longer in use by a customer, that just goes to show how good they keep up with what they are doing and then try to blame the customer for their mistake.
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]