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Warren A. Brown Attorney At Law

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Warren A. Brown Attorney At Law Reviews (3)

Initial Business Response /* (1000, 5, 2015/11/04) */
***
I am shocked by this complaint as the customer was in my office the end of last week ,and I notified her we would not seek the additional
monies owing .We performed a job for her and upon completion refused to pay the amount owing*** Which I find very maddeningCustomers are notified time starts from the time they leave our office until they returnUpon completing the job the customer was given the total owing, she refused to pay the outstanding amount and said her father would be in tomorrow to pay the remainderIt was *** when my driver called as I was still in the officeI answered the phone and the driver relayed the story to meI told him to ASK the customer if we could hold the Tv as collateral until the bill had been paid the following dayAs we had done the job in good faith of being paid*** *** She then got me on the phone and was trying to tell me what she would agree to payI got the general manager on the phone and he agreed to take *** taxes and fuel charge in plus depositThe bill we had come up to after taking off a half hour due to possible over charge of driving time was ***.The customer paid ***.So we have already taken *** off her billMundens has already taking into consideration the customers complaints on time used and we have made adjustments to that bill*** was in my office and was told that in person her reply was, OkWe believe the customer has already been fairly compensated,***WE were the ones ***We have other employees that could witness this.We have copies of emails stating our policy to be paid in full upon delivery and also again that time starts from the time we leave our office until we returnThese documents can be forwarded on to youTheir are also witnesses here at the office that can verify she was in my office discussing the bill.We believe that we have handled the case appropriately
Initial Consumer Rebuttal /* (3000, 7, 2015/11/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I gave the driver *** dollars and was never provided w a receiptI was not given change backI do have copy of any receipt
***
I never agreed to pay more than *** dollars in person or on telephone
I did tell the company that I would call the Revdex.com and go to the metro newspaper
***
Final Business Response /* (4000, 13, 2015/12/07) */
To Whom it may concern
*** The email was sent to the customer on Thursday ***It states the hourly rate and the agreed upon fuel chargeWe do not base the fuel on kmWe have a more overall fee that is associated with area$*** for the *** area, $*** for the rest of *** & the rest dependent on where they areThe customer was aware of this and agreed upon it as we received a deposit of $*** for the moveThe customer was charged incorrectly and Munden's has modified the billThe original bill was incorrectly charging for the start time as the crew was on a previous job and included their driving time from the previous jobWe have adjusted for this along with the 1/hour discussed with the customerMunden's will mail a cheque for the sum of $***
***
Final Consumer Response /* (4200, 16, 2015/12/08) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have not received said email dated *** and would like a copy of the modified bill with corrections to be also mailed with the chequeI want an actual physical paper copy of the bill mailed to my current address
***

Initial Business Response /* (1000, 5, 2016/03/16) */
March 16, 2016
To whom it may...

concern:
[redacted]
When we receive a claim, an investigation is started. We book an appointment with the customer to review the damage and assess the situation. Our [redacted] who has over ** years of experience in moving furniture and repairing damages went to look at the hard wood floor. Through working "hands on" in the industry he can confidently look at things and assess if it was our responsibility. Due to knowing the mechanics of moving it could be a drag mark on a floor and impact of something being dropped, a rubbed door frame etc. These are the type of things we are looking at when reviewing the floor. He saw a 12 year old floor in a rental unit that had several marks; scuffs etc. from the wear and tear of four different tenants occupying the residence (see pictures). The area of the floor in question was raised, not lying flat; something caused the floor to rise before we did the move. In speaking with staff, who are, all longstanding employees with Munden's, we questioned them in regards to the floor and they felt no damage was done.
We spoke with 3 different qualified flooring specialists and after showing them the pictures, their opinion was all in agreement that the floor had previous damage. I also have an email (which I have included) from a qualified hardwood floor repair specialist (who visited the site) that states "there was or is a moisture problem with this floor that possibly could have pushed that board up or damaged it causing it to crack and splinter off.
A great deal of time was used by Munden's moving trying to resolve this issue; Dealers and floor specialists were contacted looking for a new piece of flooring to no avail, and to show pictures and discuss the floor. We contacted a reputable floor repair specialist who felt it could be repaired, by filling the crack.
Munden's Moving agreed to help repair the floor, as a good will measure, in speaking with the hardwood specialist, we felt it was fair to offer $[redacted] towards the repair, which was over 3/4 of the cost of the repair, With the remainder owing to be paid by the homeowner. We feel that we have been very fair and have dealt with this issue in an appropriate manner.
[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2016/03/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Munden's indicates, in their response, that they feel their ** "hands on" years in the moving industry equates to subject matter expertise on flooring installation and, through a deep understanding of "the mechanics of moving," they are most qualified to determine whether or not they are responsible for property damage that occurs during a move. In this case, Munden's has indicated that they feel the previous damage and alleged improper installation of the flooring precludes them of any responsibility for damages incurred during the move; logic that is akin to claiming that any damages incurred during an automobile accident are irrelevant if the car had scratches or scuffs on it when they ran into it.
The previous condition of the floor is not the subject of this case and should not be considered a legitimate reason for de-legitimizing the claim that subsequent unrepairable damage to the flooring was incurred while Munden's was on the premise.
Firstly, a "scuff" or scratch is considered minor surface damage and constitutes the kind of normal, cosmetic wear and tear one would expect in any home -- and that damage was never at question. The damage that is the subject of this claim is an approximately 3" long section wherein the entire laminated surface of the plank has been torn off exposing the rough wood underneath leaving a raised splinter that is approximately 2". The damage many--including the flooring repair expert that treated the damage--would concede is atypical of moisture or de-lamination but has all the tell-tale signs of something hard having been pushed over the raised edge of a board. The splintered board became a serious safety concern as anyone walking through the property could unintentionally catch their foot and sustain a serious injury.
Secondly, it is often the case that floating floors are not perfectly level because the substructure--in this case concrete--beneath them is almost always uneven. An uneven substructure can create uneven or raised edges. In addition, it is commonly known that floating floors are also subject to some movement which can--from time to time--create uneven edges. Wood is also known to contract and expand with the weather patterns which, again, can create uneven edges. Simply put, uneven edges are a potential risk on any wooden or floating floor and should be mitigated proactively. In takes very few years experience in the moving business to know not to drag something--wrapped and padded or not--across a planked floor.
Finally, Munden's was given consent to enter my property in my absence to inspect the damages in good faith that they were going to offer a workable solution to the damage and honour the claim. Instead they used my absence to gather evidence and take as many pictures as they needed to build a case and delegitimize the claim. Munden's offered $[redacted] for a repair [redacted] and, when asked if they would cover the additional $[redacted], Munden's declined insisting that the $[redacted] arbitrary amount for settlement was fair.
Aside from the damages subject in this claim the floor in relatively good condition despite Munden's claim that it was a "12 year old floor in a rental unit that had several marks; scuffs etc. from the wear and tear of four different tenants occupying the residence." Unfortunately, since replacement boards are seemingly impossible to find, the only remaining option that would see the floor returned to normal is to replace the entire floor. To date I have still not accepted Munden's settlement..
[redacted]
Final Business Response /* (4000, 11, 2016/03/29) */
To Whom It may Concern,
Munden's Moving stands behind our decision In this claim. but as a good will measure, we will pay the complete cost of [redacted] to repair the floor.
[redacted]

Initial Business Response /* (1000, 5, [redacted]/08/27) */
[redacted], [redacted]
Re: [redacted] - [redacted] Letter
This is an official statement regarding the issues presented by Mrs. [redacted] in a letter delivered to Munden's Moving in [redacted]. I am providing a statement relevant to the loading process...

of Mrs. [redacted]'s belongings that took place on Tuesday, [redacted]th, [redacted]. As an employee of Munden's Moving, I was instructed to perform tagging and listing inventory of Mrs. [redacted]'s items, while the swampers and movers loaded the truck.
As expressed in Mrs. [redacted]'s letter, there was indeed a delay in beginning the job; however, this was due to the fact that Mrs. [redacted] was prior instructed, by office administration staff, to be at Munden's Moving office at [redacted] for 8:00am. I reported to our office for work at 7:45am and waited for the customer to arrive at the office. At 8:20am, Mrs. [redacted] walked into the office wondering why there was a delay. The reasoning behind the client to come into the office was to grant the truck and employees access into the [redacted] facility. We asked her where she had been and why she did not come into the office as instructed. Mrs. [redacted] informed us that she had been waiting out of sight, across the street, in her van. We explained again the reasoning behind her coming to the office, as we could not enter the storage without her. We addressed the situation, and she expressed that she understood, she admitted her mistake.
I would point out the further contradiction in her letter, with respect to the time taken to load her belongings into the truck. Mrs. [redacted]'s first request states, "With many inexperienced staff, the process took longer than initially anticipated" I would like to provide my statement of the events that occurred during loading. As we began unloading Mrs. [redacted]'s Storage unit at [redacted] in preparation for the loading the truck to [redacted], Mrs. [redacted] interrupted the process and began yelling at our staff to not put anything on the truck until she had looked at it. This had slowed down the loading process immensely, as she continued to stop the movers and inspect numerous items. Several times she changed her mind, she would take items from the truck to her [redacted] Van and vice versa. This made the process very time consuming and added confusion. In addition, Mrs. [redacted] made positive comments about the staff and took note that some were new to the business; however, no negative comments or concerns were ever expressed.
Overall, I found that the client omitted her actions in the process that contributed to the delays and issues addressed in her letter regarding [redacted]th, [redacted].
As per Mrs. [redacted]'s claim of missing boxes, we have found that there are no such missing boxes. Furthermore, Mrs. [redacted] signed the inventory check list stating that all items had been received upon delivery. I have attached the signed paperwork, which clearly demonstrates that all items were accounted for. In addition, Mrs. [redacted] was provided with a copy of the inventory list.
In regards to the request for the return of her $[redacted].** deposit, due to over charge, we 100% apologize for the miscalculation on our behalf and have since refunded the deposit. I have attached supporting evidence, including the copy of the receipt for the refund, dated [redacted]th, [redacted].
As per Mrs. [redacted]'s request for the insurance policy, I have included attachments of several emails sent to the client prior to her loading or booking with Munden's that clearly states our policy and that she was provided with such information on numerous occasions. However, please find attached our Bill of Lading and Insurance policies.
We feel there is no need going further with the claim as Mrs. [redacted] signed that she had received all her belongings, as mentioned above.
Should a further statement or questions be needed, please contact the office at [redacted] or at [redacted].
Thank you,
[redacted]

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