MARVEL BEAUTY SCHOOL AND PEBEC SCHOOL OF ESTHETICS

Revdex.com ID #***
*** ***
*** **
After reviewing the account, the following information has been gathered. When ***
*** called Customer Service at Automatic TLC, she was told she would not receive an oil delivery until October 1, because the account was on hold due to credit issues. Once a payment arrangement was made, and a payment made, the account returned to a “current” status and a delivery was made.
Per *** *** request the account will be terminated before her contract is to expire with no early termination fee Her account will be credited for $340.38, half of her current balance

Revdex.com #***
Account #***
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The customer
signed up on June 8, The Cap price
of the signed contract is $2.499/gal.
The current price per gallon on this account is $

Complaint: ***
I am rejecting this
response because: We spoke to many people at *** who told us that we could not cancel automatic deliveryThat it would end when our contract endedThe contract is very misleading and needs to be revised to make it clear that when it ends they are still going to drop off oilIt was not clearAnd no one made it clear the repeated times we spokeAdditionally we got a drop claiming it was from a phone order and we did not make a phone orderDue to both of these factors 1-the extremely misleading contract and customer service team and 2-a phone order we didn't makeI am still requesting to have the unauthorized drop of gallons to be removed from our tankI did receive a letter stating that our account was cancelledWhich I appreciateNow if you could please remove the unwanted oilWe can both move on.
Sincerely,
*** ***

We regret that our customer is upset and has taken the position outlined in his complaintWe are an ethical company that has followed the direction that was stated in the Price Agreement with the customerAutomatic delivery is a method as opposed to the customer calling for oilCustomer can
purchase oil at our prevailing price or select a pricing arrangementThe pricing arrangement requires the customer to be on automatic delivery but clearly stated that at the expiration of the price agreement, the customer will remain on automatic delivery until they provide notice that they no longer want that delivery optionThe customer acknowledged being on automatic deliveryThe customer is switching to gas and did not need the oil hence they will have a financial cost when they convert to gas and remove their tank that is higher than it would have beenIn addition the customer does not fell that prior deliveries were priced and it appears that the comparison are to COD prices versus full service pricingThe customers agreement states that he will be given the lower of the cap price or our prevailing price and the customers pricing reflects that agreement. The customer's comment about market pricing is not what the prevailing price representsCOD oil directionally follow the market cost of oil while the prevailing price takes full service cost structure into account
We do not make recommendations on when equipment will break downWe take efficiency reading and make visual inspectionsIf we see something wrong we advise the customerWhat happens in the future with equipment can not always be detected
We understands the customers frustration with their expectationHad we know that they were going to convert to gas and wanted deliveries stopped we could have worked something out at that timeWe had a written agreement and we fulfilled that agreementWe will stop automatic delivery

*** *** was on Cap pricing for as he stated in his complaint. Other than the delivery he received in Feb for 1.999, the prevailing retail rate never went below his Cap.
Mr*** was on a delivery hold until the end of September and we
then delivered at the end of September (9/28/16). Our Loyalty Supervisor did speak with him yesterday and outlined that the low prices he has been seeing have been from COD companies. She explained that we are a full service company and suggested he visit *** website which will show the state average which was yesterdayI followed up with *** *** today and left a voice message to let him we have adjusted the as he requested and suggested if he is interested in COD pricing, our sister company, *** will be happy to help him.
Regards,
*** ***
Customer Service Manager
Alliance Express

Revdex.com Complaint #[redacted]
"line-height:115%,sans-serif>Customer was delivered gallons of oil,
approximately year after last deliveryThe Customer has since moved and is
no longer living in the state.
**n>Collection attempts will be discontinued.**n>

Complaint: [redacted]
I am rejecting this response because:
1) I was rushed into signing by their salesman, I received the contract electronically and was told if it was not electronically signed and sent back that it would be voided. I had less than an hour to respond and was assured verbally by the salesman.
2)The salesman guaranteed me in our conversation that I would received notifications prior to oil delivery and I could accept or decline delivery. (this was a stipulation that I ask him for and was promised to me)
3) I was told I was going to be on a variable "fair market rate" plan in which I would be paying the a fair market  (not to exceed $1.749) and in actually it is a set price plan at $1.799
4) There was no mention a "cancellation list" for my furnace service, I was told the earliest I could receive a cleaning would in the fall of 2016. The salesman clearly told me before signing a contract that it would be within a "week or two at most" not 5 months.
Automatic TLC clearly deceived me and told me everything they could to get me to sign a contract. At no point in time did Automatic try to resolve any issue I had with them.
At no point did any of their reps. say that their salesman was in the wrong or even try to look into the sales persons role in my displeasure. Instead they were all to quick to assess their STEEP penalty for early termination of contract and cancel my account. I was with Automatic TLC for just over four weeks.
Automatic TLC did not live up to Anything they assured me of accept for a .20 cent discount (per gallon) on the 1st delivery of oil.
Sincerely,
[redacted]

Response:
Our customer has been on automatic delivery and it is also required under the price contract that she submitted in the terms and conditions, section two. The December delivery of 100 gallons was needed to keep her in fuel and heat. The previous delivery was
tabindex="0" class="aBn" data-term="goog_1385744525">Oct 16th and subsequent deliveries have been made on Jan 10th and February 13th. We hope the customer understands why we made the December delivery.
 
The pricing concern does not appear to be a valid analysis or relative to the fixed price contract that the customer signed on Oct 28, 2014. This was a fixed price contract at $3.659 and we billed the customer the contract price per gallon. We secured the oil at the time of the agreement. 
 
That same contract stated our credit term which is payment in 30 days.  There was an outstanding balance of $493 from the delivery on Feb 7th which is why written notice of the account being placed on delivery hold was mailed to the customer on March 31st. The account was past due 51 days. The payment on the customers behalf came from LI Heap on April 8th. The account shows a zero balance since April 8th. Until the funds are received the customer remains responsible for the account balance.
It appears that the customer spoke with our office after writing to the Revdex.com. We made a goodwill gesture and allowed the customer to chose a different  price plan that was a Cap Price Agreement versus a Fixed. The Price contract however expired as it has not been returned. The customer is now off automatic delivery and can chose us or a different company the next time she needs fuel or service.
 
We remain available and appreciative for her business.

Below is the response to the customers complaint. I have copied in [redacted] and want him to know that [redacted] we will reach out to him to bring closure.   We regret any miss understanding that may have occurred here. The customer's statement said "My contract with this...

company was over at the end of last year. I made it very clear by e mail and phone that I would never do business with this company again" My review below does not indicate that this was done until after the 3/18/16 delivery .If I missed any e mail correspondence from [redacted], I apologize and will credit off the  $433.64 owed on the last delivery.
Customer states that he could have gotten oil at 50 cents a gallon less. I have placed a credit on the account for $98.60. 
The oil was delivered because by our degree days system indicated to us that it was due for a delivery. We delivered 197 gallons while a day prior he ordered 180 gallons. Seems to be no disagreement that he was due for oil which answers the question of why did we delivery. Perhaps the customer did not understand that the expiration of the price agreement did not terminate the automatic delivery. If he had told us, than the mistake is on us.
Since the company that he pre paid $305.27 to delivery the 180 gallons of oil can not deliver the oil as the tank is full. They should refund his money as he will not need oil until much later next fall. If this is a problem, I would be happy to call that company and if I can not resolve that issue on the customer's behalf, I will provide no interest credit terms that are agreeable with the customer.
Background: The customer had a Cap Price Agreement from 1/24/15 thru 1/31/16. A requirement of this agreement was that the customer remain on automatic delivery. The Agreement also stated that upon expiration the customer would remain on automatic delivery until notice of cancellation was given of their desire to stop deliveries. We do not want to run customers out of oil especially in the winter time and run the risk of a home freezing upon over miscommunication.    
This contract was not over last year as it did not expire until 1/31/16.
The customer does not provide the date of those mails.
Our records indicate and I have reviewed a string of e mail that started on 1/21/15 through several days. Those e mails were about price concerns, thinking of signing a new price agreement and questioning why he could not get a lower price. There were no words, indication or comment about stopping automatic delivery.
I have checked our internal log notes of conversations which were consistent with the e mails.
We do not show any other correspondence with the customer until after the delivery on 3/18/16.

Dear Ms. [redacted],
 
With regards to the response from [redacted], I would like to state first a foremost, our General Manager, [redacted] most certainly reached out to them. He did this on more then one occasion and as I mentioned before, we never received a return call from the [redacted]’s until 1/13/14.
 
We understand that during the call in October 2013, they were not happy about the termination fee, which was explained in great detail, however, by signing the original contract / agreement and initialing that particular section (Section 10 of Terms and Conditions), they were agreeing to the terms and conditions of the contract / agreement and the termination fee!
 
As a courtesy, and although they broke the terms of the contract they signed, we will credit off the Termination Fee of $153.00.
 
Thank you –
 
[redacted]
Customer Service Manager
 
Cc: [redacted]
Branch Manager

Complaint
#[redacted]
 

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In response
to Complaint #[redacted], the Service Manager has contacted the customer and
scheduled the service call for 8-12-15. 
The original quote will be honored.

Complaint: [redacted]
I am rejecting this response because:
The service contract should NOT be terminated.  That is a 12 month contract that I paid for in full back in August 2015 and is not set to expire until August 2016.   If terminated then I should be credited for the remaining months not used.  I paid $291.40 for this service contract.  The service contract and the oil delivery contract are 2 separate items.  
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.
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.
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because:
Dear
Ms. [redacted]:
When I phoned [redacted]
Energy regarding the possibility of early termination of our contract
on Oct 2013, Ms. [redacted] yelled at me when we disagreed. Furthermore,
Ms. [redacted] kept telling me that she could not understand my accent, so
I asked to speak to her supervisor and she said he (Mr. [redacted]
[redacted]) was out and that she needed to look up my contract and
they will be in touch later, which never occurred. Therefore I
decided to write the letter to [redacted] Energy general manager [redacted]
[redacted] instead. Since I sent the letter to Mr. [redacted] I
have not received any correspondent regarding the issue from either
Ms. [redacted] or Mr. [redacted]. As a result, we missed out on the deal
we could have made with other companies.
Ms.
[redacted]’s statements about attempting to reach me and my family are
untrue and consistent with the unfair and deceptive treatment I have
received.
I’m
pleased she cites the damages portion of the contract where the
phrase “agreement stated gallons” appears. I’m now being told
the initial delivery of oil I received as an express inducement to
enter the agreement is somehow not counted toward the total gallons I
ultimately purchased from [redacted]. Nowhere in the contract I signed is a
statement that the inducement purchase is not counted toward the
“agreement stated gallons”. This point is at the center of this
dispute. While I think it is clear the initial delivery was under the
contract,(especially in light of the language Ms. [redacted] used in her
e-mails to me on the initial purchase - particulars below), at best,
[redacted]’s contract is ambiguous, which under basic contract law means
the ambiguity is construed against the drafter of the contract.
As
business practice I find it odd [redacted] makes no effort to clearly spell
out in the contract and emails that the initial delivery does not
count under the contract. A simple sentence would make it clear.
As
a recap of the issue we have with [redacted] Energy.
1.
We only signed up with [redacted] Energy because we were told the first
delivery was of a promotional price of $3.199 instead of $3.799. The
[redacted] Energy Sales representative, Ms. [redacted], led us to believe
that this delivery was included in the contract. As matter of fact,
I did some research on my email corresponding with [redacted] rep at the
time we signed the contract and I found the following.
[redacted]
On
Wed, Dec 5, 2012 at 12:17 PM
Dear
[redacted]:
I
have completed the electronic contract per your assignment.
Q1:
In the agreement I saw the fixed price heating oil plan but did not
see the first delivery of $3.19/gal on the contract itself, will this
present a problem when we get our first billing?
On
Wednesday, December 5, 2012 1:30 PM, [redacted] <email address
removed> wrote:
Dear Kim.
The
first delivery of $3.199, and the Silver plan @ $131.95 is stated on
the email page under the welcome. The service information will be
mailed out to you. please call if you have futher questions.
[redacted]
We
were led to believe that the first delivery was one of the many
deliveries from [redacted] Energy. As you can see, we neither were informed
verbally nor in writing that the first delivery was not in the
contract until almost a year later by Ms. [redacted] when we asked about
the possibility of early termination.
2.
Late December 2013, we received a letter from Mr. [redacted],
the general manager of [redacted] Energy (dated 12/11/13 and postmarked
12/16/13). In this letter, the only letter we have received since we
mailed our letter, Mr. [redacted] thanked us for being a loyal
customer and pointed out plan for the coming year and he informed us
that our contract would end on 12/31/2013. Mr. [redacted] did not
address issue we brought up regarding our contract. So we continued
to wait for his response.
3.
Early January 2014 after our contract has ended and still no word
from Mr. [redacted] regarding our letter, I called [redacted] Energy but I
got the answering service instead. I informed them that our contract
has ended and that we do not want to renew. The answering service
took down our name, address and message and said they will forward to
the company. On January 13, 2014 I got a message from Ms. Beverly
stating that our account has been terminated. On February 21, 2014
we got a bill from [redacted] Energy for early termination fee of $153 on
the referenced date January 14, 2014.
We
believe [redacted] Energy business conducts is unfair and that we owe them
no termination fee.
Sincerely,
[redacted]

In October 2016 [redacted] contract was renewing and he elected not continue with a CAP Plan during this time because rates were low, thus continuing on a Variable Rate plan.  On January 3, 2016 [redacted] called our office and was offere*...

[redacted] @ 900 gallons.  The next day, [redacted] elected to terminate his account.  During this time, he disputed his December 26, 2016 delivery of 1[redacted].  We offered a $100.00 credit towards that delivery with a CAP contract at 2.699; he refused.  Today, we will offer [redacted] the December 26, 2016 delivery for 19[redacted].  If accepted I will apply a delivery credit of $236.64 towards that delivery.

Transmissions Unlimited delivers the kind of service you want to share with all your friends and family. I began getting my SUV serviced there many years ago when we moved to Tucson (the appointment was as a referral from a friend.) I haven't gone anywhere else since that day, and over the years both of my children have brought their cars to Dave and his exceptional staff. I am not a car person, and I am always given a full, understandable explanation of problems along with multiple ways of handling it. They always have time for questions, repairs are always done in a reasonable time frame, plus they're always competitively priced even though the quality of the work they do is priceless considering I know they stand by their work. And to top it all off, they are all genuinely very nice, friendly people. I never need another mechanic.

Complaint #[redacted] – [redacted] #[redacted]
In response
to Complaint...

#[redacted], the account will be credited in the amount of
$130.81.  The Service Manager has reached
out to the Customer and the issue will be resolved this week.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find this resolution to be the best I will get as we disagree with the contract words "prevailing retail price".  I was expecting the prevailing rate to be what the current price is for this area, they are telling me it means their prevailing rate.  So, they can say the prevailing rate is anything they want it to be, because it is not stated in the contract how their prevailing rate is calculated.  Bottom line, we can close this complaint as we agree to disagree.  I told them that I thought they offered this contract as a way to increase customers,  after I fulfill my contract obligations, I will be looking for a new oil dealer.
Sincerely, **
[redacted]

Complaint: [redacted]
I am rejecting this response because:
March 21, 2016
Response to [redacted]
The statement "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." is not exactly true. The technician identified
the failed part, determined he carried a replacement, installed the replacement
then presented the bill.  In addition,
by phone I was given a verbal quote of $99 for travel and diagnostics, for
which I was actually charged $129. 
The repair of my heating system is not at issue.
[redacted] seems confused with respect to Billing Rights. I'm
in compliance with the terms in that I disputed the charge, requesting more
information about the transaction within the time period permitted for a
billing dispute. [redacted] simply ignored my request until I complained
to the Revdex.com (Revdex.com). 
In disputing the $259 charge I requested more information
from Brinker's on 2/11/16. It was a very simple request for a detailed
accounting of the service provided, specifically the part type, part
manufacturer, labor charge and sales tax. 
This type of information is routinely provided in a wide variety of
business-to-consumer transactions and is fundamental to all forms of commerce
virtually everywhere. [redacted] has not responded to this request.
This apparent lack of transparency in business practice is not only a concern
for me but for any [redacted] customer. The "Flat rates" are
not posted on their web-site and to my knowledge not available to customers
before or after a service is rendered.
In summary, the answer "We use a Flat rate billing
system" did not provide the information I requested.  I understand that they have overhead.  They charged $129 for diagnosing the
problem.  What is the itemized
justification for a charge of $259 for a part that can be purchased by a
consumer for as little as $20?
Respectfully,
[redacted]