Burke Fuel & Heating Company Inc.

Review: During last year's difficult winter Burke allowed our oil tank to run empty twice, despite being on a maintenance delivery schedule. Given our dissatisfaction and a better level of service we had with our propane provider we executed a new contract (on the annual renewal date of the existing one) with the alternative company to provide heating oil and serivce.

Burke informed us they expect us to pay a $399 cancelation fee, relative to a price protection plan they had offered us in December. This price protection plan was agreed to verbally, but no written contract was forwarded. As such, we did not have details of any associated charges. Given their oversights regarding basic elements of the service contract, it seems only fair that we should be able exit the relationship without additional charges.

It does seem misleading to offer pricing services that don't align with the service contract since in creates the potential to have these hefty charges. In effect unfairly locking consumers in to their service.

Thank you for your consideration in this manner.

Respectfully,Desired Settlement: I would like the termination charge for the pricing protection eliminated for the reasons noted above.

Burke should also be required to provided written details of their contracts, including service and price protection, so consumers are at least reasonably informed of their risks related to these contracts.

Business

Response:

To whom it may concern:

[redacted] has been a customer with us since 1997. Historically his service agreement, which is not a contract, re-bills in April of every year. The price protection plan, which is a contract that protects the customer's price per gallon, is in effect from the date a customer accepts to enter into that contract up to a year later. For example in 2012 the pricing contract was accepted in January 2012 and it ran from 01/*/12 - 01/**/13. For 2013 the pricing contract ran from 2/*/13-01/**/14. For 2014 the pricing contract that was accepted began on 02/*/14 and was required to run through 01/**/15.

The acceptance of the contract is done via a verbal recording, which in NY state is a binding agreement. In the recording the dates of the new contract are reviewed along with the early termination fee. In addition, we mailed [redacted] a copy of his new pricing contract on 12/**/13. Both the verbal recording and the written copy of the contract disclose the early termination fee. A copy of that contract is attached.

As for the service agreement, it is not a contract and removing it does not incur an early termination fee. Historically that agreement re-bills on [redacted]'s account in the month of April. He is correct in the fact that both agreements do not run concurrently because one is a contract and the other is not. However that's not something new on [redacted]'s account. The reason they don't run concurrently is because a customer is permitted to remove a service agreement at any time, however a pricing contract cannot be canceled prior to it's expiration date without incurring an early termination fee.

With [redacted] canceling his account on 05/**/14, as stated in the pricing contract, he does incur an early termination fee of $399. This fee cannot be waived as it is the fee associated in breaking the price protection contract that was to run through 01/**/15. The reason an early termination fee is associated with a pricing contract is because once the customer accepts a pricing contract we then purchase it's protection from the bank in order to guarantee that the customer does not exceed the price they agreed not to pay over for a year's period.

We were sad to hear of [redacted]'s decision to leave our company and we apologized for the delivery issues he experienced this winter. As he mentioned, it was a difficult winter. That was the case for both customers and companies. The lack of delivery that took place was mainly due to the average temperatures not being normal this year along with the customer's usage not being comparable to their historical usage. This, however, has nothing to do with the pricing contract that simply protects a customer's price per gallon from the volatility of the market. As a company we strive to do our best to not have things of this nature occur and for them occurring we apologize.

Consumer

Response:

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:

Through out the December **, 2013 note, automatic delivery is referenced multiple times. That did not occur. We had to call and request delivery because we had not heat or hot water.

So it appears this a very one sided contract. They can charge termination fees even if the customer goes without fuel. So the termination fees are enforceable but meeting delivery expectations seem optional.

If the Revdex.com sees that as reasonable treatment of the consumer, I guess we'll have to be much more careful about entities will deal with, what they represent, and what details are actually provided in contracts. Seems there should be a clause in this contract that allows early termination should there be multiple instances of non performance.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Business

Response:

Dear [redacted],

We are crediting your account for the early termination fee of $399 as a courtesy for having been a customer of ours for many years prior. Once again we are sorry to hear of your decision to leave our company and we hope to be able to service you in the near future.

Sincerely,

Consumer

Response:

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,

Review: using my credit card without my authorization

Business

Response:

[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.

Review: We did order the COD through company which has address as Cash oil, [redacted] and tel: ###-###-####. This delivery was done by Burke Heat, that's why I complaint against Burke Heat company. We ordered Heating oil from them and we had two deliveries, on 8/** - 200 gallons and 8/** -300 gallons; the 200 gallons delivery was fine, we did measure the level of oil before and after the load; but the 300 gallons delivered on 8/** was short 60 gallons. We have 1000 gallons underground tank, and we measured oil level with our stick right before the load in front of the driver and the oil level was13,8 inches, what corresponds to 290 gallons of oil; we did it in front of the driver. After the load the level was 25 inches, which corresponds to 530 gallons, so the load was short 60 gallons. When we pointed it to the driver, he did measure with his stick and confirmed 25 inches ,looked to the table and said that it is approximately 530 gallons of oil. on his meter it was a number of 300 delivered and he said that the meter can't be manipulated, so said a manager in his em; but we are sure that it was short.I didn't know that the driver has the measuring stick as well, otherwise I would ask him to measure himself before the load. But I am sure that our measurement was right.

Here is the copy of Delivery manager answer to us:

Dear [redacted],

I recently left a message on your answering service. In regards to your assertion that you delivery was shorted 60 gallons, I can assure you it was not. By law our meters are proved and checked by Westchester County Weights and measures on a regular basis. Additionally, when the initial order is placed the computer downloads the information and the meter is set to delivery the appropriate amount (no more, no less) Lastly, Oil clerks prove numbers each day and had we shorted you it would have been realized through the reconciliation process. We are a publicly traded company and must meet higher standards the private companies.

In closing it is our position you did receive your 300 gallon delivery.

[redacted]. [redacted], Delivery Manager

###-###-####

Please, help to resolve this issueDesired Settlement: Delivery of 60 gallons of heating oil

Business

Response:

After reviewing the account and our records, our delivery manager did provide [redacted] with accurate information. Our meters, by law, are inspected by the Westchester County Weights and Measures on a regular basis. Once an order is requested, it's placed in the system and the information is downloaded and the meter is set to deliver the gallons the customer requested. We take complaints of this nature seriously and for that reason we adhere to every requirement required by the state in order to ensure that our meters are accurate. Although, the customer is stating that they measured the tank prior to the delivery and it had 13.5 inches, there's no way for us to know how accurate that is. However, with a 1000 gallon tank, the 13.8 inches equates to roughly 271 gallons not 290 gallons. Based on the above information, we conclude that we did deliver 300 gallons to [redacted] and we do not owe the customer an additional 60 gallons.

Consumer

Response:

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]

Our tank is 1000 gallons the High of the tank is 47,3 inches; So 1 inch equals 21,2 Gallons. If you say our calculations were not right on Aug [redacted], how come they were right a week before on Aug [redacted], when you delivered 200 gallons and all measures were exactly right, we measured the same before and after the load; before it was 4.3 inches, and after it was 14 inches , so you delivered 200 gallons. We were away almost the whole week and turned the hot water boiler off; so we didn't spend much oil.

Again, on Aug [redacted] we did measure right before the load, it was 13,8 inches of oil; and after it was 25 inches, so the load was 11,2 inches times 21,2 gallons= 238 gallons, it was short 62 gallons and our calculations can't be wrong.This is absolutely unacceptable, you just use the trust of people and the fact that customers never check on you like we did, because most of the times the delivery is done without the homeowners

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

To Whom It May Concern:

After reviewing the account and our records again we still hold the position that 300 gallons were delivered to [redacted] on 8/**/13. Our meters, by law, are inspected by the Westchester County Weights and Measures on a regular basis. I am including a copy of the delivery ticket from 8/**/13, which states that we did in fact deliver 300 gallons. I am also including a copy of a tank chart.

[redacted] is stating that based on her measurements the delivery was approximately 60 gallons short. This is incorrect. She is multiplying the inches in the tank by a set number (ex. 1 inch is equal to 21.2 gallons), however this is inaccurate. Oil tanks are round and therefore every inch in the tank is equal to a different number of gallons. Based on the included tank chart for a 1,000 gallon 48" tank, as [redacted] states she has, her starting measurement of 13.8" in the tank is equal to approximately 219 gallons of oil in the tank. Subsequently, her final measurement after the delivery was made of 25" in the tank is equal to approximately 528 gallons of oil proving that 300 gallons were delivered to her on 8/**/13.

Based on the information above and included with this response we conclude that we did deliver 300 gallons to [redacted] and we do not owe the customer an additional 60 gallons.

Sincerely,

Review: Burke Heat continues to attempt a collect a debt that has been refuted without providing a valid explanation and they continue to assess late charges without responding to requests for further information. I have advised them on multiple occasions that I was never in a binding contract and the applicable law in the State of NY for our current disagreement is N.Y. UCC. LAW § 2--201 : NY Code - Section 2--201: which states that "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 they disagree with this application of the law, I would like for them to cite the applicable law and section of the law they are utilizing when enforcing an unsigned contract. They have yet to respond to this on repeated requests. I feel that as they are attempting to collect a termination fee of $599 the above law clearly applies and I deserve an explanation of the legal reasons they feel this does not apply.Desired Settlement: I am requesting Burke Heat respond to my requests for an explanation of the debt they are attempting to collect.

Business

Response:

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.

Consumer

Response:

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 have yet to receive a response regarding the legal basis in which you are attempting to collect this debt. This is a very reasonable request. I believe that no enforceable contract exists between myself and Burke Heat per Section 2-201 of the Statute of Frauds which is a state law in NY. If this law does not apply to this situation please explain why and provide the law that does apply. Secondly, I have disputed the fee you are attempting to collect, while this issue is resolved you are not allowed to assess late charges to my balance which Burke Heat is currently doing.]

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

The response was sent prior to the conversation with [redacted]. However, you are correct the account has been reinstated and a delivery scheduled. The termination fee has been removed and we are glad to have been able to come to a resolution. We look forward to servicing you.

Consumer

Response:

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,

Review: I signed two annual contracts with them. The latest (and the last!) expired in October. I called on November * to confirm SPECIFICALLY that the contract had expired and that there would be no more deliveries. The lady on the phone tried to convince me to sign up for another annual contract with a few options, but the prices were way too high. It was her that suggested to call when I needed a delivery, but I made it crystal clear that I would shop for the lowest price available in the market. They admitted that that they had a recording of my call; all this can be verified.

To my great surprise, they came on December *, when I was not home, and made a delivery. When I called back, I got a couple of mind-boggling explanations (I talked in turn to Lizette, Jackie and Lordis). Regarding my question as to why I was charged 60%+ more than the price of other Northern Westchester suppliers from whom I had already received delivery, the answer was that they are full service company and therefore they charge more. I do not have and never had “full service” from them! They have offered to reduce the price by $0.20/gal, which is mockery. I can document that on 12/**/15 other suppliers in the area were offering $1.69/gal. I will pay them that price if they first confirm in writing that there will be no more deliveries. Ever!Desired Settlement: I can document that on 12/[redacted]15 other suppliers in the area were offering $1.69/gal. I will pay them that price if they first confirm in writing that there will be no more deliveries. Ever!

Business

Response:

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] 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.

Review: Burke rep mislead me about pricing. I called the, on [redacted] and told them I wanted to cancel the contract based on the deception and they will not let me. The contract doesn't begin until 1/*/16.

The rep lied about the pricing structure.Desired Settlement: The contact that would begin on 1/*/16 should be void do to the deception of the sales rep.

Consumer

Response:

There was no written contract. It was recorded over the telephone. Today the compat called me and said after they reviewed that tape the the sales women should have explained the price better and released me from the contract.

Review: I had reached out to this company to check on oil pricing as I was nearing the end of my contract with another company. The sales agent intentionally misled me by stating that they would allow me to receive oil however she would only verbally make this promise. As such, I refused to sign into a binding oil contract as it clearly stated I could be charged a termination fee of $599 if I received oil from another company. As such, I did not sign a contract with them and I considered the issues dead as I had not signed the contract. Then a few months later even after they had made no written attempts or delivery attempts they send me a bill for a $599 termination fee even though I had never agreed to such terms. The company is attempting to collect from terms of a contract which was never agreed to either verbally or in writing.Desired Settlement: This company should reach out to settle disputes with their customers rather than billing when no contract has been agreed to. There is a reason they email out a contract and when the customer refuses to sign they should not be attempting to enforce that unsigned contract. I believe this to be a violation of NYS State of Frauds which calls for a written contract between parties for goods exceeding $500 in value.

Business

Response:

On 9/**/2014 [redacted] did speak with our sales department and signed up to receive oil from us. After reviewing the recorded sale agreement, [redacted] did state that he still has to take 30 gallons from Slomins in order to fulfill his contract with them. He then stated he wants to be in contract with us for 1 year. Our sales rep. Explained to [redacted] how our ‘pending close’ contract works and advised him that if he can get his next delivery from his previous provider by 10/**/2014 then she can open up the account securing the rate she had quoted him but if he can’t agree to take that delivery by 10/**/2014 from his previous provider then she can’t secure the price she quoted him. [redacted] did respond stating that he can do that. Together, the sales rep and [redacted] went through the process of setting up the account, the sales rep. read the verification of contract and [redacted] accepted. A copy of the contract was emailed to [redacted] and although he is stating that he did not physically sign a contract the verbal recording accepting the terms of the agreement serves as a legal binding document in the state of New York and that verbal recording takes precedence over the follow up email. In addition the email expressly states that to cancel the account the customer needs to contact us within 3 business days by certified mail. In addition, the sales rep. did make four attempts on 10/**, 11/**, 12/** and 1/**, to reach [redacted] advising him that he is due for a delivery under his contract before the account was canceled and the early termination fee was applied.

Consumer

Response:

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,

Consumer

Response:

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,

Business

Response:

[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.

Review: On July **, 2013 I sent this letter to Burke Heat after asking them to deliver oil to our residence on or around July *st after sending them a payment towards our balance, as we were about to run out of oil. They would not deliver stating we still owed them $396.53 which included a return of a Customer Loyalty Credit in the amount of $100. When I paid Burke Heat over the phone on January *th, 2013 (earlier this year), the representative named [redacted] who took my payment via credit card, told me that the $296 I was paying them that day would pay my bill in full. However, Burke Heat then delivered oil on January * for 100 gallons for $427.35 and when I received that bill, they had tacked on the additional $100 to my account which they told me was not for the oil deliver. The following month the over delivered by 17 gallons, with 117 gallons of oil for 569.18 when we had an agreement with Burke to only deliver 100 gallons at a time, due to our family's tight budget. I asked Burke to then issue a credit my account for this overage on my deliver and to date they have never done so either. I have subsequently sent them payment of $300 on 3/**/13 and another payment of $200 on 6/**/13 and then asked Burke to deliver 100 gallons of oil to my home but they refused and we ran out of oil on around July 8th the day my husband had surgery and has been hospitalized ever since. I had to contact another oil/heat provider who delivered oil to us later that week. Since that time, I have sent Burke Heat another $50 payment with the letter I am cc'ing also to you below as their company continues to call both my cell phone and home phone numbers almost daily harassing us for their payment. I told them I will pay them what I owe them at $50 per month for the remaining balance and that I have gone with another oil company. I just would like the Revdex.com to see if they will stop haraassing us with phone calls and drop the additional $100 Loyalty Fee Reversal on our account. We never should have been charged anything as we did not have a service contract this past year with Burke Heat. They also let us run out of oil several times over the past year, or over delivered, over 100 gallons as per our request. This company's Customer Service is not acceptable and is why I am no longer one of their customers. Thank you, Mrs. [redacted] Mrs. [redacted] Enclosed is a payment of $50.00 towards the remaining balance on our accout with Burke Heat. Your company needs to stop contacting us about our balance as we intend to pay you off in the amount of $50.00 per month until the balance is paid and we are no no longer one of your customers and have moved on to another Oil Heat Provider. That is because last month I sent you another payment of $200 which you cashed and later that week I requested you deliver to us 100 gallons of oil, as we were almost out of oil but your company refused. We subsequently ran out of oil two weeks ago and had no hot water for several days, after telling you I had a 10 year old daughter and a sick husband home who was sick. We have had a disputed amount of $100 discrepancy with Burke Heat which only appeared on our account after paying off our entire balance due your company back on Janurary *th, 2013 for $296.00 on my credit card. The representative who took my payment that day told us that our balance was now zero with Burke Heat. Your Representative did not mention anything to me on that day about owning your company any Customer Loyalty Credit, that your company later said we owed you. Your company then delivered oil to our home a few days later in January and again in February and even overdelivered on one of those deliveries by 17 gallons as we had an agreement with your company to ONLY deliver 100 gallons of oil, per delivery, due to budgetary reasons. I have contacted an attorney about your company's poor customer service treatment to us as loyal, long time customers and am also contacting the Revdex.com if your harassment continues as you company calls both our phone numbers, constantly leaving messages. [redacted] cc: The Revdex.comDesired Settlement: I just would like the Revdex.com to see if they will stop haraassing us with constant phone calls and drop the additional $100 Loyalty Fee Reversal on our account. We never should have been charged anything extra...except for paying only for oil deliveries as we did not have a service contract this past year with Burke Heat. They also let us run out of oil several times over the past year, or over delivered, the 100 gallons per delivery as per our request.

Business

Response:

We have reviewed the complaint and the consumer's record with us. Mrs. [redacted] contacted us on 11/**/12 regarding the service agreement that billed to her account on October **th, 2012 in the amount of $377.80. She expressed to the customer service representative that she may not want to keep the service agreement on her account going forward. Due to her loyalty the customer service representative offered her $100.00 off of the service agreement if she wanted to keep it, to which she accepted therefore the $100.00 credit was applied to her account. Mrs. [redacted] never sent in a payment for the service agreement. Instead, on January *rd, 2013 she called our office again regarding the service agreement and told the customer service representative that she had decided that she did not want the service agreement and would like it removed from her account. As she requested, we removed the service agreement in the amount of $377.80 and debited the account in the amount of $100.00 for the loyalty credit that she had been offered towards the cost of the service agreement.

As for the delivery, we are an automatic delivery company. As a long term customer, Mrs. [redacted] did have special instructions on the account to only deliver 100 gallons per delivery and to call for approval before delivering. These special instructions are never guaranteed and run the risk of the customer running themselves out of oil since they have opted to dictate when and how much their deliveries will be. With that said, having delivered 17 gallons over the requested 100 gallons on 2/**/13 does not require us to remove the cost of the 17 gallons for a product that was delivered and used.

As for the balance, we have tried to explain to Mrs. [redacted] on several occasions why the balance is what it is and why the $100 service agreement loyalty credit was reversed. The $100 credit was given towards the service agreement for keeping the service agreement on the account so when a customer chooses to remove the service agreement that loyalty credit is null and void and therefore gets reversed.

Prior to the complaint with the Revdex.com, Mrs. [redacted] had not requested to terminate her account, however now that she has indicated that she is receiving deliveries from another company and is no longer our customer, the account will be canceled today. We will accept Mrs. [redacted]'s payment arrangements of $50 per month until the balance is paid off. The credit department has been notified therefore the collection calls will cease as long as the payments are made. However, the $100 credit that was reversed is due and the current balance is $346.53.

Review: I moved into a new house at the end of July 2015, the house has oil for heat so I figure on calling Burke as the previous owner had them. What I did is sign a service agreement for 1 year any cancellation would have to $389.00. I decided that I wasn't going to use their services that I was because of a new system I was installing that didn't require oil, in the meantime I didn't get any delivery of fuel or service. Should I actually have to pay for something I didn't receive. I've had called them to see if they would waiver the signed contract nut no. Its not like I've been serviced for awhile.Desired Settlement: To stop sending me bills for services not rendered

Business

Response:

[redacted] signed a ceiling contract protecting his price per gallon for oil deliveries on 7/** at 5:51pm. The terms of the agreement state that it’s a 1 year contract from 7/**/15 to 7/**/2016 and that if it’s cancelled for any reason prior to the expiration date, the customer will be charged a $399.00 early termination fee in addition to any outstanding balance owed. The agreement did state that the buyer may cancel this transaction without any penalty or obligation at any time prior to midnight of the third business day after receipt of the contract. On 8/**/15 [redacted] advised us that he switched to propane and he was then advised of the $399 early termination fee. This termination fee is not for services rendered it's as a result of [redacted] signing a contract for a year and then closing his account within that the period of the 1 year contract. A copy of the signed contract is attached.

This company stinks and has no regard for their customers. It is by far the worse company I have EVER dealt with.

Review: Burke charged me over .39 more on oil per gallon over a competitor. There reasoning is that they have "services" that other dont have even though I never used. They delivered the oil automatically and leave me with no recourse. I'm willing to negotiate with them but and stone walling me saying that they rather put my account in collectionsDesired Settlement: I would like to pay them, but not at this inflated rate per gallon.

Consumer

Response:

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,

Review: This company continues to run hard inquiries on my credit. I sent them a legal letter last year asking them to be removed and not to run my credit anymore. They have since run my credit 3 more times negatively impacting my credit score. I have since requested to cancel their service and they continue to call me daily to try to schedule a delivery. I want them to remove the inquiries and stop running my credit.Desired Settlement: I want them to remove the inquiries and stop running my credit

Business

Response:

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.

Consumer

Response:

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,

Business

Response:

We did receive his request last year and we did remove that inquiry however as a credit based company we do run our customers credit to assess our risk. When we spoke to [redacted] on 7/** he only mentioned that 2 inquiries were made and was satisfied with us removing one and requested a confirmation letter be sent once it was confirmed done. That letter was sent. Based on his last response, we did reach out to [redacted] and had them remove the other 2 inquiries. It will take 48 hours to reflect on his report and a confirmation letter was mailed out yeserday.

Consumer

Response:

To clarify, My letter to the company last year requested that my credit never be run again. In regards to my call on [redacted], I clearly mentioned 3 inquiries and I have recorded proof of that conversation. This company has bad business practices and has treated me very unfairly. They have never made a single attempt to make the situation right bye. With that being said, I do see that the 3 inquiries have been removed.

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,

Review: I recently moved to the area, and less than a year later received military orders requiring to move (again). When I went to cancel with Burke, I was initially charge over $500 for early termination. After discussion with the manager on the phone, they agreed that I should not be charged an early termination fee due to my military orders. Then a few weeks later, I got a new bill, this time for $100 plus a late fee. When I called them again, they said the $100 was their revocation of a promotional offer when I signed up since I was leaving the company without a full year of service. Fancy wording for the same fact... they are penalizing me financially for my military orders, a conclusion which any reasonable person would draw. Not only is it highly unethical and shameful that they are taking advantage of service members, it is illegal.Desired Settlement: The company needs to remove all debts assigned to my account (the promotional fee and any late fees) and close it.

Consumer

Response:

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,

Review: Boiler install wasn't done correctly. Multiple issues spelled out in 9/** email and 9/** email I sent to them. I then sent a follow up email on 9/** requesting a response to my first emails and was able to arrange an appointment for 10/* with the manager, Tom, to look at the job and determine next steps, and after that he didn't contact us again until leaving a voice mail today. So on 10/**, on receipt of their invoice for the last 50%, I emailed again asking what they were going to do and copied [redacted] installation [redacted] and [redacted] in accounting to be sure they were aware of the issue. On Friday 11/** we got a collection call, then another on Saturday . We also received in the mail a bill and a separate letter dated 11/** stating that they've tried to call and couldn't reach us. 11/** was the first collection call we received.Desired Settlement: boiler size, placement and correction of other problems listed in my prior emails.

Business

Response:

After reviewing the account history and speaking with the installation [redacted], the installation did begin on September **, 2014. We then returned on September **, 2014 and were not granted access to the job site as we were 30 minutes late. Since then the installation [redacted] has spoken to [redacted] and [redacted] and we have been out to the home on December *, 2014 and we are scheduled to return on December **, 2014 to complete the job. We apologize that [redacted] and [redacted]’s e-mails were not responded to, however [redacted] and [redacted] are not the appropriate individuals to address this matter. The bill for the installation job did go out on September **, 2014. However, the remaining amount due has been removed from our past due credit department call list and will be due upon completion of the work that is scheduled for December **, 2014. Should [redacted] and [redacted] need further assistance we can be reached at ###-###-####.

Consumer

Response:

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 Heat called yesterday morning, the day they were scheduled to complete the work, stating everyone called out sick. Saying they were 30 minutes late on 9/** is not correct, and they didn't even call that day. In addition, we have gotten multiple calls requesting the final payment, as recently as Wednesday 12/**.?

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.Sincerely,[redacted] %

Business

Response:

After speaking with the [redacted], [redacted], the completion of the work that was scheduled for 12/**/14 did have to be cancelled due to the install tech calling out sick. The installation department has been trying to reach [redacted] & [redacted] in order to schedule a convenient date to return and complete the work requested by them. They can reach out to us at their convenience at ###-###-####. As of 12/**/14 [redacted] & [redacted]’s account had been removed from our credit department and they should not be receiving any further calls regarding the balance due for the installation until 30 days after we complete the remaining requested changes.

Review: This serves as a formal letter of complaint against Burke Energy for excessive damage to my property, unethical and intimidating/aggressive sales tactics. I am seeking to have my sheetrock replaced after an unnecessary inspection by the technician sent by Burke Energy. I contacted Burke Energy about lowering a fill cap outside my home. The Technician who arrived insisted on viewing the tank enclosed in the basement.

Summary of Fact:

On or about the week of 8/*/15, I contacted Burke Energy to explore options for lowering an existing oil fill pipe near the curb. On 8/*/15 a technician was scheduled to come to the house between 8:00 am-12:00p.m. to speak with me about the fill pipe. The technician conducted a visual inspection of the fill pipe and left a note in the mailbox. Since the technician arrived prior to the scheduled appointment time (7:30a.m.) and did not ring the bell I did not speak to them about the work I wanted done. At 12:01p.m., I contacted customer services and was advised that they would have someone call me back from the Installation Department on Monday. On 8/**/15, I called customer services twice to schedule an appointment for the Installation Department to come to my house, view the fill pipe and discuss options for repair.

My issues with Burke Energy are as follow:

Issue #1: Excessive damaged to property. On 8/**/15, I was told by customer service that the technician would need to view the oil tank, specifically the pipe. I informed customer service that my oil tank was enclosed above ground in the basement. The technician from Burke removed an excessive amount of the wall to view the oil tank knowing that they would not do the work on the fill pipe. As stated by the employee, since the oil tank is old, the company would be liable if anything went wrong with installing the pipes. The technician indicated that he was recommending that I get a new oil tank and that he would forward my information to the sales department. So for my own clarification, I asked him if he was telling me in so many words that the only way they could fix the fill pipe (outside) is by me purchasing a new oil tank from Burke. In essence, Burke will not do the work on another oil tank even if the tank is not broke. I asked why I was not advised of this earlier. My initial inquiry was to have the fill pipe outside lowered.

Issue #2: Burke failed to disclose that it is not their standard practice to lower fill pipes. Further they did not explain and/or offer any other viable solutions to the problem. Instead they insisted that they have access to the enclosed oil tank to view the pipe knowing that there were other potential options to address the fill pipe without doing a full inspection on the tank.

Issue #3: Aggressive/intimidating sale practices: On 8/**/15 I spoke with Mr. Tom L[redacted], Installation Manager who advised me that according to the technician’s report, my tank was not in good condition. Burke recommended that a new tank be installed. They would not fix the fill pipe unless I purchased a new oil tank. Burke did not want to be responsible for doing the work on pipes that may cause damage to an old tank. I explained to Mr. L[redacted] that the oil tank was inspected by a third party oil company prior to the closing and the report indicated that the tank was free of leaks and in working condition. Burke could not explain how two visual inspections done by certified and reputable vendors could yield such different finding. Lastly, Mr. L[redacted] insisted that I be referred to the sales department for them to come out and take a look at my tank. I was then told by Mr. L[redacted] that they (installation department) could recommend that Burke cancel my oil contract if they feel that my tank is not safe based on the technician’s report. Mr. L[redacted] asked that I email a copy of the oil tank inspection done by the other vendor and they would review it. I advised him that I would forward to him a copy of the letter from the oil inspection letter under a separate cover.

I have been a customer in good standing with Burke Energy since February 2015. Up until this incident my overall experience with Burke has been good. Again, I am seeking to have my sheetrock replaced after an unnecessary inspection by the technician sent by Burke Energy. I have contacted Burke Energy on several occasions to speak with a manager to resolve this issue. I called Mr. L[redacted] on 8/**/15, Ms. B[redacted] on 8/**/15, 8/**/15, 8/**/15, 8/**/15 and Mr. Tom R[redacted] on 8/**/15. To date, no one has returned my call or provided me with the technician report.

Further, if it is Burke’s intentions to cancel my contract based on the technician’s recommendation, they have failed to provide me with proper notification pursuant to the terms and condition of the contract.

I expect that Burke will respond to my complaint in writing and in a timely fashion so that we may rectify this situation immediately. I can be reached at the number provided if you require additional information.Desired Settlement: (1) Repair and/or reimbursement for excessive damage done to drywall.

(2) Copy of tech report with stated repairs. Explanation as to why there is a discrepancy from an oil tank inspection done in January 2015.

(3) Alternative recommendations for fill pipe repair

(4) Suspension of service lifted or vendor to provide a full explanation as to why services was terminated.

Business

Response:

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.

Consumer

Response:

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]

After contacting the Revdex.com, I sent a letter to Burke Energy requesting that they send me a formal and more detailed oil inspection report outlining the issues they identified regarding the oil tank which resulted in Burke Energy's decision to suspend my account effective 8/**/15. Further, I forwarded to Burke the copy of the oil tank inspection report conducted by a third party oil company in January 2015. An inspection which was required prior to closing and indicated that the tank was in good condition without any flaws. Both companies conducted a visual inspection of the oil tank within a six month period. Clearly these discrepancies warrant further investigation. It is important to note that despite my attempts to speak with a service manager or obtain a fax # to file a complaint with the company, my calls were not returned until Burke was contacted by the Revdex.com.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

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]

Consumer

Response:

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 partially resolved.Until the company reimburses me for the damages made to my property, I will not be fully satisfied. They indicated that they would "review" the estimates not pay for the repairs. Note, I have to provide them with formal estimates which will require additional time on my part. The matter will be resolved once this company follows through on all items listed in the resolution proposal and the initial complaint.

Sincerely,

Betty C[redacted]