Marran Oil

Review: Below is the chronology of our communications and what lead to the breakdown in our relationship and the subsequent cancellation of an out of control relationship. The chronology of interactions based on service deliveries, billings and detailed notes taken by me during our telephone conversations.

July **, 2012

Marran delivered 520.6 gallons of oil into a 1,000 gallon tank and invoiced $2,006.59 net, REF #[redacted].

July **, 2012

Receiving invoice REF #[redacted] on July **. I immediately called and spoke with you and raised alarms about the huge amount owned. During this conversation the following issues were discussed, acknowledged and agreed to by you:

1. There is a 1000 gallon in ground tank at Corey Place.

2. I was under financial pressure and could not afford excess fuel in my tank.

3. My fuel oil requirements are not normal for a large house as I live alone with my cat and conserve energy, especially during the winter months.

4. You heard my impassioned plea about how important is was to never fill my tank to its 1,000 gallon capacity which results in thousands of dollars in unused fuel oil at a time when and under considerable financial pressure and vulnerable.

5. During this civil conversation you agreed to help by treating the tank size as 550 gallons, not 1,000 gallons.

6. I found this to be a reasonable accommodation. I offered to stick the tank and let you know when more fuel was needed. You told me that would not be necessary and that you would handle it on your end. You made this agreement outside of the Two-Agreement Agreement signed by me on January **, 2012.

7. You also agreed to mitigate the financial impact of the bill by stretching it out over three months. This was done on a timely basis without a problem.

8. On my last of three checks in the amount of $884.32 check #[redacted] was the memo (right of my signature) printed in-bold letters: “NEVER AGAIN! [redacted]” - (my account number). This message was to reinforce our agreement that never again would my tank be filled to 1,000 gallon capacity.

January **, 2013

Marran delivered 253.3.6 gallons of oil topping off the 1,000 gallon tank and invoiced $864.11 net, REF #[redacted].

January **, 2013

Disheartened I called about not keeping to our agreement to limit the tank size to 550 gallons. During this conversation the following issues were discussed, acknowledged and agreed to by you:

1. When asked about our previous agreement to cap the at tank 550 gallons you made several statements.

2. You indicated there was no change in your accommodation and agreement to cap the tank at 550 gallons and that Marran conducted an estimate of oil consumption and made delivery based on this estimate.

3. You behaved in a defensive manner when I pointed out the illogic of topping off the 1,000 gallon tank after you agreed during our July *, 2012 discussion to limit the tank to 550 gallons. I reminded you that I remained under financial pressure and that my home was in foreclosure. That having several thousands of dollars in unused oil in the tank was a financial burden.

4. When reminded of our July * conversation about my offer to stick the tank and communicate with you to trigger a delivery when the level dips below 250 gallons you stated “we (Marran) will determine when to put oil in your tank and how much oil to put in your tank.” Taking a consolatory approach I suggested we change the account temporary to a “will call” delivery until we get the tank level down. You immediately and summarily denied this accommodation.

5. The tone in your voice revealed that what was earnestly believed to be your reasonable accommodation to situation unique to me was a sham and disingenuous. The financial pressure of have thousands of dollars of unused oil in the tank would never be alleviated.

6. As the conversation ensued you told me that Marran controlled my tank—not me. That Marran is responsible to make sure I didn’t run out of oil for my tank, not me. It became clear you were not interested in helping me, that your only interest was in putting as much fuel in my tank as possible.

7. Having lost control over my tank and your betrayal of our agreement on July 6, 2012 the only option available was to terminate our relationship. You agreed this was best for both parties and accepted this outcome. You indicated there would be a penalty for early termination of the two-year contract. I told you to send the early termination invoice. A termination letter was sent on January **, 2013; in addition, we had certifiably clear communication about the end to our relationship. You did not mention the need for certified letter as you indicated in your May **, 2013 letter. There was no uncertainty. The relationship ended because of your empty promise regarding the accommodation on the tank size.

8. After terminating our relationship and because of your bad behavior a block was put on the Marran number.

February **, 2013

Service Contract Plan Renewal invoice $281.00, REF #[redacted].

In disbelief I received a contract extension instead of an early termination penalty. Since we agreed in January that the relationship between Marran and [redacted] was over my thought the service renewal invoice was a clerical mistake. Not only was this invoice not paid because our relationship had ended the invoice lapsed beyond your required 10 day payment window.

April **, 2013

After contract termination and after more than 30 days of non-payment of renewal contract Marran delivered 236.1 gallons of oil topping off the 1,000 gallon tank and invoiced $970.21 net, REF #[redacted]

Is this corporate bullying? Is this spiteful behavior consistent with the values of the Marran family legacy business? Do profit goals now drive your behavior with customers and cause you to act in arbitrary and punitive ways without regard to promises you made about a reasonable accommodation? Impromptu, when I asked my accountant [redacted] who first recommended Marran, if he still recommended you he said “No, because of their rough treatment of customers.” Sadly this has been my experience.

Your letter of May ** demonstrates you are willing to manufacture “facts” to cover your behind and build the legal case to fit your situation.

This is not about an angry customer having a bad life. I’m a reasonable person who values and nurtures long term relationships and someone who sought a reasonable accommodation to a financially stressful situation. I point out that the oil contract is still in effect and current at my [redacted] residence, and will be until the contract period ends.Desired Settlement: To resolve this painful and pathetic experience and to move on I’m willing to pay $970.21 (the cost of the April, 2013 fuel delivery) to settle this matter.

Business

Response:

Dear [redacted],

I have read the above-mentioned complaint by [redacted], which is actually the same letter he emailed our office on 6/**/13.

[redacted] entered into a Two-Year Contract with Marran Oil in January 2012 (copy enclosed for your records). As per the terms of that contract, Marran delivered oil to his home on 4/*/13. We accepted an email dated 5/**/13 as termination of his account. At that time the early termination fee in the amount of $250.00 was charged to his account. I offered to reverse the charge provided he was willing to fulfill the terms of the contract and had not purchased oil from another source (copy enclosed for your review).

When the account was not paid, finance charges accrued and a collection fee was charged. [redacted] emailed the Credit Department on 6/**/13 and I immediately responded and offered to settle for $1327.03 (waiving the collection fee and half of the finance charges). [redacted] mailed a check for $970.21 marked "payment in full". The check has been returned to him (a copy of this letter was mailed to him as well).

In an effort to settle this matter, Marran would be willing to settle for $970.21 provided [redacted] is willing to fulfill the Two-Year Agreement that he signed and resume automatic delivery as per the terms of the contract. If he chooses not to reactivate his account, then we are willing to extend our offer and accept $1327.03 as payment in full (reversing the collection fee and half of the finance charges), provided payment is received by 7/**/13. Otherwise, we are prepared to proceed to the next level in our collection process.

If you have any questions, feel free to contact me at [redacted], extension [redacted].