Revdex.com:Thank you so much for your assistance, in the resolution of this situation! I had unsuccessfully tried to resolve this situation with them for this past year. Again thank you. [redacted]
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
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:
The business continues to claim that it bears no responsibility for taking roughly twice as long as promised to claim that it had completed work, which work was never actually completed in a workmanlike manner the business's actions were and continue to be in violation of New York State and City home improvement consumer protection laws, as well as statutory and common law relating to fraud, breach of comtract, breach of warranty and various other violations of the law. These consumer protection and fraud laws exist for the very purpose of preventing the abusive practices of contractors in cases like the present one.The business also damaged parts of the consumer's just-purchased apartment where no work was planned or completed. The business's own employees have indicated that the four-plus month delay was caused in part by another project the business was completing simultaneously on "72nd street." The business's other projects led to unreasonable staffing of the jobsite. A vast documentary record has now been compiled and reviewed, containing hundreds of photographs, admissions of fault by the business and its agents and employees, and pleas from the consumer to better staff the job in order to achieve completion by the contracted date (the majority of which were simply ignored by the business).
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
In response to the Customer’s additional questions: the termination fee has been removed and the account is not in collections. The service contract was used by the Customer for 2 separate service calls and the annual maintenance on the heating unit was performed at no cost. The service plan will remain cancelled as is.
Message to the Revdex.com We regret any miscommunication on our part. We understand that the customers wants the oil removed from the tank so that basement renovation can continue. We spoke with Mr. Kenney today and offered to pump out the oil. He was not sure that he wanted the oil pumped...
out at his time. It was left that if he wants the oil removed that he will call.
Complaint: [redacted]
I am rejecting this response because: Although the contract states that the fixed pricing program will end as of 12/31/2014 and customer will pay "prevailing retail price" thereafter, no where in the contract does it specifically state that automatic deliveries will continue unless cancelled in writing. The contract terminates on "the earlier of the end of the Pricing Period or when all of the Agreement gallons stated above are delivered to you". Therefore, the company is under no obligation to deliver further services or products after this date, and the customer is under no further obligation to purchase home heating oil exclusively from [redacted] Oil. Even if the contract is ambiguous and open to differing interpretations, the advantage goes to the signer. [redacted] drafted the contract without including a provision specifically stating that automatic delivery would continue indefinitely past the Fixed Pricing Period end date. Therefore, we as the customer are under no obligation to continue receiving automatic delivery or pay for deliveries we did not request.
Sincerely,
[redacted]
In response
to Complaint #[redacted], the account will be credited for the outstanding
balance of $125.68. This credit will
bring the balance to $0.00.
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.
Sincerely,
[redacted]
In July 2015, [redacted] terminated his COD account with our sister company [redacted], to sign a CAP plan contract with [redacted] which had a pricing period that would remain in effect until May 2016. After the pricing contract expired, the customer was billed at our Retail Posted Price; as per...
the signed contract agreement. In good faith, we will honor [redacted] request to have the January 14, 2017 delivery rebilled at a rate of [redacted] totaling a credit of [redacted] for that delivery. In addition, any late fees incurred on the account have been waived. After all credits are applied, [redacted] outstanding balance will be [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.
Sincerely,
[redacted]
January 5, 2016
Revdex.com Complaint #[redacted]
Customer
#5[redacted]
In response
to the Customer’s complaint regarding the capped pricing plan, an early
termination fee will apply if the contract is cancelled. The customer is receiving the lowest price
based on the company’s...
prevailing price. The “ market" is the average of full service,
COD and new customer first fill pricing. The customer will not receive
the COD pricing as this is a full service company.
Complaint: [redacted]
Date Sent: 2/18/2016 8:32:53 PM Complaint: [redacted] I am rejecting this response because: There was no contract therefore no termination fee! This is the company's second mistake. The first delivery without permission they apologized and we settled for $2/per gal. I am being generous to offer payment, since I did not authorized this delivery. I will pay only $1/per gal!If I did not contact Revdex.com they would still be delivering without my permission, despite multiple calls to them requesting to stop delivery. Sincerely, [redacted]
Sincerely,
Karen Mcgowan-cottle
Revdex.com
complaint #[redacted] – Paul Michael Polaha
4/8/15
Complaint
The customer is requesting a refund of the price difference
between his Capped Pricing Contract and the actual price plus the $110 early
termination fee. The customer’s logic is based upon his analysis of...
other
companies, the average price and the fact that he can not see were prices were
above $3.299 which was his capped price.
Response
We respectfully
disagree with the customers pricing analysis and conclusions. There will no
adjustment or refunds. We are a reputable business. Our pricing to our full
service customer is based upon many factors. We are aware that we market in a
competitve environment where consumers are free to change their company for any
reason that they chose. We regret that the customer is upset and made a
decision to leave our company.
Whether a competitor charges more or less than where we set
our prevailing price and whether a competitor does or does not offer the same
products and services is a decision that they make. The language in our Cap Price Program Contract
is clear. “If our prevailing retail price for home heating oil drops below the
Capped Price during the Pricing Period then you will pay our prevailing retail
price for home heating oil.” Based upon
the contact executed by the customer we incurred costs to cover the oil under
the contract. The early termination fee is to recover those cost.
The actual price which is our prevailing price is what we
charged the customer. The actual price that the customer is referring to is not
defined. The market analysis he did was based upon what he believes are similar
competitors.
Complaint: [redacted]
I am rejecting this response because: the contract language is not clear. Please show me where in the contract it specifically states that automatic delivery will continue until written notice is received. The language you provided only states that purchases made by us will be charged at the prevailing retail price. It does not state that we are required to remain on an automatic delivery plan, nor define that "purchases" include automatic deliveries.In addition, if we were still on automatic delivery, why did [redacted] delay delivery for 3 months from December 31st to March 14th? Why were we not informed that we needed to submit our request in writing on any of the 4 phone calls we made to [redacted] requesting cancellation of our contract and opting out of renewing for 2015?Also, why did the [redacted] representative we spoke with on Saturday, March 14th state that his records showed were no longer under contract?
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.
Not really happy but I want this done and finished. The company is a complete scam and I feel entirely taken advantage of because I am a woman.
Sincerely,
[redacted]
From: [redacted]] Sent: Tuesday, March 07, 2017 3:53 PM To: [redacted] Subject: [redacted] [redacted] Per our conversation today, please send this information as additional response to our customer. To remove an inquiry from a borrower’s credit history two letters will need to be written: One from the borrower and one from the company who pulled the report. Below, I have listed what information needs to be included in each letter. Borrower’s letter must state: Their name, SSN, they must acknowledge that a report was pulled in error, date the credit report was pulled, and the name of the company that pulled it. Creditor’s letter must state: Their name, the name and SSN of the borrower, they must state that they pulled a report in error, and the date of the pull. Once the letter is completed it must have an actual handwritten signature on it. The last step is to fax it to our Cons[redacted] Both letters will also need to state which bureaus the inquiries should be removed from. Once the process has been completed, the borrower will receive a letter in the mail, with the results of the request. This process can take up to 30 days to complete. Thank you, [redacted] Customer Service Manager [redacted]xpress [redacted]
Below is the response to the customers concerns We responded to the customer's no heat call on January 30, 2016 which was a Saturday. The customer was quoted $129 for travel and to diagnose the reason why there was no heat. Prior to any repair, the customer was told that they would...
receive a repair quote. A quote was given for $259 which the customer approved prior to the repair taking place and the customer signed the quote on the work ticket. We use a Flat rate billing system which provides pricing for a particular job function. The customer is upset because he sates that the part sells at retail for $20 to $50 and wants a specific accounting by part type, manufacture and the labor charge. He feels that our failure to provide him that data violates the Federal Truth in lending laws and [redacted] Billing Rights. We did not violate any consumer law and in fact made a complete disclosure prior to driving to his home and again, prior to making the repair. The cost of the owning a service van, inventory, office, overhead, insurance, health care, benefits, holidays etc to our employee is expensive. There is also a significant amount of non productive time in vacation, training etc. All these cost are factored in the Flat rate price book. We were happy that we could restore heat to the customer home on a Saturday. Our travel time average 30 minutes so the travel time may have been more or less to his home. It then takes time to diagnose the issue and time to make the repair. We were in his home for 1.5 hours. We hope our customer understands our position on his request .
Revdex.com response We spoke with the customer on April 8, 2015 upon receipt of the complaint. The account was on automatic delivery and a pricing agreement. It was explained that he wanted to remodel his basement and wanted the oil in the tank to run down so that he could replace the oil tank. It did not appear that he wanted to cancel his account but notes in our records indicated that he had several conversation with us on price. From our prospective, we are not clear on his intent. According to his contract with us he was to remain on automatic delivery. He stop our driver during a delivery which is Ok. It was explained that he wanted to remodel the basement. Our office called and he agreed to resume deliveries on January 1st. Our driver delivered again in the last week of December which was our mistake and which was explained to the customer. The customer was offered a pump out so that he could replace his oil tank. He was not sure that he wanted it pumped out at this point as most of the oil was used already. He was not sure what he was going to do with the tank. We again apologized for miscommunication and offer to pump out the tank at no cost. It was left that he would call back if he wanted the tank pumped. We consider this closed and regret the miscommunication,
The request for a refund of the last delivery cannot be applied. We adhered to the contract, as signed by the customer. As stated in our previous response:-Customer is under the assumption that we do 3-month delivery schedules; we do not customize our delivery schedules. -We do not customize our billing schedules; all bills are due within 25 days of service as indicated on the billing terms of every invoice and statement on the back.
Revdex.com:Thank you so much for your assistance, in the resolution of this situation! I had unsuccessfully tried to resolve this situation with them for this past year. Again thank you. [redacted]
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
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:
The business continues to claim that it bears no responsibility for taking roughly twice as long as promised to claim that it had completed work, which work was never actually completed in a workmanlike manner the business's actions were and continue to be in violation of New York State and City home improvement consumer protection laws, as well as statutory and common law relating to fraud, breach of comtract, breach of warranty and various other violations of the law. These consumer protection and fraud laws exist for the very purpose of preventing the abusive practices of contractors in cases like the present one.The business also damaged parts of the consumer's just-purchased apartment where no work was planned or completed. The business's own employees have indicated that the four-plus month delay was caused in part by another project the business was completing simultaneously on "72nd street." The business's other projects led to unreasonable staffing of the jobsite. A vast documentary record has now been compiled and reviewed, containing hundreds of photographs, admissions of fault by the business and its agents and employees, and pleas from the consumer to better staff the job in order to achieve completion by the contracted date (the majority of which were simply ignored by the business).
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
In response to the Customer’s additional questions: the termination fee has been removed and the account is not in collections. The service contract was used by the Customer for 2 separate service calls and the annual maintenance on the heating unit was performed at no cost. The service plan will remain cancelled as is.
Message to the Revdex.com We regret any miscommunication on our part. We understand that the customers wants the oil removed from the tank so that basement renovation can continue. We spoke with Mr. Kenney today and offered to pump out the oil. He was not sure that he wanted the oil pumped...
out at his time. It was left that if he wants the oil removed that he will call.
Complaint: [redacted]
I am rejecting this response because: Although the contract states that the fixed pricing program will end as of 12/31/2014 and customer will pay "prevailing retail price" thereafter, no where in the contract does it specifically state that automatic deliveries will continue unless cancelled in writing. The contract terminates on "the earlier of the end of the Pricing Period or when all of the Agreement gallons stated above are delivered to you". Therefore, the company is under no obligation to deliver further services or products after this date, and the customer is under no further obligation to purchase home heating oil exclusively from [redacted] Oil. Even if the contract is ambiguous and open to differing interpretations, the advantage goes to the signer. [redacted] drafted the contract without including a provision specifically stating that automatic delivery would continue indefinitely past the Fixed Pricing Period end date. Therefore, we as the customer are under no obligation to continue receiving automatic delivery or pay for deliveries we did not request.
Sincerely,
[redacted]
Revdex.com Complaint #[redacted]
In response
to Complaint #[redacted], the account will be credited for the outstanding
balance of $125.68. This credit will
bring the balance to $0.00.
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.
Sincerely,
[redacted]
In July 2015, [redacted] terminated his COD account with our sister company [redacted], to sign a CAP plan contract with [redacted] which had a pricing period that would remain in effect until May 2016. After the pricing contract expired, the customer was billed at our Retail Posted Price; as per...
the signed contract agreement. In good faith, we will honor [redacted] request to have the January 14, 2017 delivery rebilled at a rate of [redacted] totaling a credit of [redacted] for that delivery. In addition, any late fees incurred on the account have been waived. After all credits are applied, [redacted] outstanding balance will be [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.
Sincerely,
[redacted]
January 5, 2016
Revdex.com Complaint #[redacted]
Customer
#5[redacted]
In response
to the Customer’s complaint regarding the capped pricing plan, an early
termination fee will apply if the contract is cancelled. The customer is receiving the lowest price
based on the company’s...
prevailing price. The “ market" is the average of full service,
COD and new customer first fill pricing. The customer will not receive
the COD pricing as this is a full service company.
Complaint: [redacted]
Date Sent: 2/18/2016 8:32:53 PM Complaint: [redacted] I am rejecting this response because: There was no contract therefore no termination fee! This is the company's second mistake. The first delivery without permission they apologized and we settled for $2/per gal. I am being generous to offer payment, since I did not authorized this delivery. I will pay only $1/per gal!If I did not contact Revdex.com they would still be delivering without my permission, despite multiple calls to them requesting to stop delivery. Sincerely, [redacted]
Sincerely,
Karen Mcgowan-cottle
Revdex.com
complaint #[redacted] – Paul Michael Polaha
4/8/15
Complaint
The customer is requesting a refund of the price difference
between his Capped Pricing Contract and the actual price plus the $110 early
termination fee. The customer’s logic is based upon his analysis of...
other
companies, the average price and the fact that he can not see were prices were
above $3.299 which was his capped price.
Response
We respectfully
disagree with the customers pricing analysis and conclusions. There will no
adjustment or refunds. We are a reputable business. Our pricing to our full
service customer is based upon many factors. We are aware that we market in a
competitve environment where consumers are free to change their company for any
reason that they chose. We regret that the customer is upset and made a
decision to leave our company.
Whether a competitor charges more or less than where we set
our prevailing price and whether a competitor does or does not offer the same
products and services is a decision that they make. The language in our Cap Price Program Contract
is clear. “If our prevailing retail price for home heating oil drops below the
Capped Price during the Pricing Period then you will pay our prevailing retail
price for home heating oil.” Based upon
the contact executed by the customer we incurred costs to cover the oil under
the contract. The early termination fee is to recover those cost.
The actual price which is our prevailing price is what we
charged the customer. The actual price that the customer is referring to is not
defined. The market analysis he did was based upon what he believes are similar
competitors.
After reviewing the account, the customer has received a refund as requested.
Complaint: [redacted]
I am rejecting this response because: the contract language is not clear. Please show me where in the contract it specifically states that automatic delivery will continue until written notice is received. The language you provided only states that purchases made by us will be charged at the prevailing retail price. It does not state that we are required to remain on an automatic delivery plan, nor define that "purchases" include automatic deliveries.In addition, if we were still on automatic delivery, why did [redacted] delay delivery for 3 months from December 31st to March 14th? Why were we not informed that we needed to submit our request in writing on any of the 4 phone calls we made to [redacted] requesting cancellation of our contract and opting out of renewing for 2015?Also, why did the [redacted] representative we spoke with on Saturday, March 14th state that his records showed were no longer under contract?
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.
Not really happy but I want this done and finished. The company is a complete scam and I feel entirely taken advantage of because I am a woman.
Sincerely,
[redacted]
From: [redacted]] Sent: Tuesday, March 07, 2017 3:53 PM To: [redacted] Subject: [redacted] [redacted] Per our conversation today, please send this information as additional response to our customer. To remove an inquiry from a borrower’s credit history two letters will need to be written: One from the borrower and one from the company who pulled the report. Below, I have listed what information needs to be included in each letter. Borrower’s letter must state: Their name, SSN, they must acknowledge that a report was pulled in error, date the credit report was pulled, and the name of the company that pulled it. Creditor’s letter must state: Their name, the name and SSN of the borrower, they must state that they pulled a report in error, and the date of the pull. Once the letter is completed it must have an actual handwritten signature on it. The last step is to fax it to our Cons[redacted] Both letters will also need to state which bureaus the inquiries should be removed from. Once the process has been completed, the borrower will receive a letter in the mail, with the results of the request. This process can take up to 30 days to complete. Thank you, [redacted] Customer Service Manager [redacted]xpress [redacted]
Below is the response to the customers concerns We responded to the customer's no heat call on January 30, 2016 which was a Saturday. The customer was quoted $129 for travel and to diagnose the reason why there was no heat. Prior to any repair, the customer was told that they would...
receive a repair quote. A quote was given for $259 which the customer approved prior to the repair taking place and the customer signed the quote on the work ticket. We use a Flat rate billing system which provides pricing for a particular job function. The customer is upset because he sates that the part sells at retail for $20 to $50 and wants a specific accounting by part type, manufacture and the labor charge. He feels that our failure to provide him that data violates the Federal Truth in lending laws and [redacted] Billing Rights. We did not violate any consumer law and in fact made a complete disclosure prior to driving to his home and again, prior to making the repair. The cost of the owning a service van, inventory, office, overhead, insurance, health care, benefits, holidays etc to our employee is expensive. There is also a significant amount of non productive time in vacation, training etc. All these cost are factored in the Flat rate price book. We were happy that we could restore heat to the customer home on a Saturday. Our travel time average 30 minutes so the travel time may have been more or less to his home. It then takes time to diagnose the issue and time to make the repair. We were in his home for 1.5 hours. We hope our customer understands our position on his request .
Revdex.com response We spoke with the customer on April 8, 2015 upon receipt of the complaint. The account was on automatic delivery and a pricing agreement. It was explained that he wanted to remodel his basement and wanted the oil in the tank to run down so that he could replace the oil tank. It did not appear that he wanted to cancel his account but notes in our records indicated that he had several conversation with us on price. From our prospective, we are not clear on his intent. According to his contract with us he was to remain on automatic delivery. He stop our driver during a delivery which is Ok. It was explained that he wanted to remodel the basement. Our office called and he agreed to resume deliveries on January 1st. Our driver delivered again in the last week of December which was our mistake and which was explained to the customer. The customer was offered a pump out so that he could replace his oil tank. He was not sure that he wanted it pumped out at this point as most of the oil was used already. He was not sure what he was going to do with the tank. We again apologized for miscommunication and offer to pump out the tank at no cost. It was left that he would call back if he wanted the tank pumped. We consider this closed and regret the miscommunication,
The request for a refund of the last delivery cannot be applied. We adhered to the contract, as signed by the customer. As stated in our previous response:-Customer is under the assumption that we do 3-month delivery schedules; we do not customize our delivery schedules. -We do not customize our billing schedules; all bills are due within 25 days of service as indicated on the billing terms of every invoice and statement on the back.
January 5, 2016
Revdex.com Complaint #[redacted]
Customer #[redacted]
In response
to the Customer’s complaint, a credit of $159.98 has been issued to the
customer.