we apologized several times even after mr [redacted] told Amber to shut up on the phoneShe tried to explain to him that our computer system automatically date/time stamps anytime anyone opens up a customers account and nobody had been in his account during the time frame he was stating that he cxld servicealso, im not sure about the information mr [redacted] is providing regarding the cancellation of applications because he never cancelled any applications and he completed the program he ordered for the season, every application, the last one being on 10/27/mr [redacted] was auto renewed, as is the standard in lawn care, he received renewal letters through the mail (both had a neon green sticker on the front saying services ordered), an email of the renewal letter, phone calls letting him know that we would be starting service soon and a call the night before we came out to perform the application since he is a call aheadon all of these correspondence it clearly states that if there are any changes or services are not wanted to contact usin addition the owner [redacted] promptly called mr [redacted] which is what he wanted the same day that he asked for him too and mr [redacted] had made the arrangements with [redacted] to pay for 1/off the balance on his account for the application that was donethis was on 4/16.....we are still awaiting payment
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below.Weed Man has emailed me in an attempt to scare me into dismissing my Revdex.com complaintI have asked to be provided with the alleged recordingThe conversation alluded to is one that I stated that I was satisfied with the service that had been providedAs I stated in my last Revdex.com response, I was satisfied with the serviceHowever, that did not change my request to cancel ALL future servicesI am frustrated that Weed Man continues to try and bully me and ignore the issue at handThat is not the mark of a reputable company [To assist us in bringing this matter to a close, we would like to know your view on the matter.] Regards, [redacted] ***
on 9/17/Mr [redacted] had the following conversation with [redacted] TT ***he is at work right now but he is going to call his wife and have her call in today to make a paymentAlso cancelled Wcan't afford but still wants Fdo not renewMris not sure how many treatments he will want next year and would prefer to be called in the fall/winter for thiswe cancelled out the application that he wanted us to cancell (the w2, which is a fall broad leaf weed control) but, per his request we still kept the winterization fertilizer (the f4) on his orderat this time he had also told us that he just got married and didnt want to pay for two more treatments, just the winterization fertilizerwe are not in the business of performing services and billing for things that are not wanted! if that was the case then we would have performed both of the remaining applications instead of cancelling onethat makes no sense to cancel only one application and come out later in the yearMr [redacted] had trouble paying, for instance his invoice for the applications done on 7/14/and 8/19/were not paid for untill 11/11/maybe this is why he is trying to get this service that he ordered and asked us to perform for free?
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below.Clearly Weedman doesn't understand Contract Law, contract law is applicable to all contracts, there aren't sub-sets of types of services that aren't covered If the nature of an agreement meets certain stipulations, such as in this case, not all services are performed within a single year, then a written contract is required In regards to 'opening an e-mail, that is hardly an indication an e-mail was read If you use Yahoo mail, and start with one e-mail and hit 'delete' from within the e-mail, it takes you to the next 'opening' the e-mail, and if you hit delete again that one is gone, and takes you to the next My e-mail service doesn't require a consent that I have fully read an e-mail before deleting, maybe the Weedman e-mail service is different and somehow requires any open e-mail to be read This seems like a hugely profitable idea if they can figure out a way to expand their e-mail service which requires e-mails be read if they are opened Unfortunately, as of now, the e-mail service I use doesn't require reading opened e-mails This is periodically how I delete my e-mails, so, seeing it was junk mail I would have just deleted and ignored like the hundreds of junk mail I get a week.They stated to me they have all records of prior phone calls, so, clearly, they must either not have a record of when I signed up for services, that call has me stating specifically it is only for 2014, or that phone call does not reflect any mention of it being an automatically renewed service Even if there was mention of it, contract law (again, applicable to all contracts meeting certain criteria, such as services extending beyond one year- there is no exception for lawn care services) would require a written contract for services extending beyond a year, so, no valid contract is in place.They can escalate to collections, I will not pay anything I will then escalate through the the Fair Debt Collection Practices Act which prevents harassing calls As long as I state there is no contract, unless they can provide one, they have to stop harassing phone calls [To assist us in bringing this matter to a close, we would like to know your view on the matter.] Regards, [redacted] ***
WHEN WE TOLD MR*** ABOUT OUR RECORDS IT WAS AN INDICATION THAT ANYTIME ANYONE ACCESSES A CUSTOMERS ACCOUNT THE COMPUTER SYSTEM AUTOMATICALLY DATE/TIME STAMPS THE ACCOUNT, THIS DIDNT HAPPEN WITH MR***S ACCOUNTWHAT HE FAILED TO MENTION IS THAT WHEN HE TALKED TO *** ON 12/17/HE HAD
OPENLY TOLD HER THAT HE DID NOT CANCEL WITH ANYBODY SPECIFICALLY ONLY THAT HE RESPONDED TO A SURVEY THAT WE HAD SENT TO ALL OF OUR CUSTOMERS REGARDING THERE SATISFACTION WITH SERVICE AND HE ASSUMED THAT WOULD CANCEL HIS SERVICEHE KNOWINGLY DID NOT SPEAK WITH ANYONE FROM OUR COMPANY ABOUT CANCELING SERVICE OR EVEN STATE THAT IN THE SURVEY ANSWERS, HE JUST STATED THAT HE WAS SLIGHTLY LIKELY TO RENEW WITH US FOR UNFORTUNATELY SINCE MR*** DID NOT CANCEL SERVICE WITH A REPRESENTATIVE AND HE ONLY ANSWERED A SURVEY ABOUT RENEWING SERVICE FOR NEXT YEAR UNFAVORABLY, BY HIS OWN ADMISSION, THE BALANCE IS DUE ON THE ACCOUNTIN ADDITION WHEN HE DID COMPLETE THE SURVEY REGARDING HIS DISSATISFACTION WITH THE SERVICE FOR WE IMMEDIATELY RESPONDED BY COMING OUT TO HIS PROPERTY AND COMPLETING AN INSPECTION, LEFT HIM DETAILED NOTES REGARDING HIS LAWN AND CONCERNS AND TRIED TO FOLLOW UP WITH HIMWE WENT OUT OF OUR WAY TO PLEASE MR*** AND LIVE UP TO HIS EXPECTATIONS
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Clearly Weedman doesn't understand Contract Law, contract law is applicable to all contracts, there aren't sub-sets of types of services that aren't covered. If the nature of an agreement meets certain stipulations, such as in this case, not all services are performed within a single year, then a written contract is required. In regards to 'opening an e-mail, that is hardly an indication an e-mail was read. If you use Yahoo mail, and start with one e-mail and hit 'delete' from within the e-mail, it takes you to the next 'opening' the e-mail, and if you hit delete again that one is gone, and takes you to the next. My e-mail service doesn't require a consent that I have fully read an e-mail before deleting, maybe the Weedman e-mail service is different and somehow requires any open e-mail to be read. This seems like a hugely profitable idea if they can figure out a way to expand their e-mail service which requires e-mails be read if they are opened. Unfortunately, as of now, the e-mail service I use doesn't require reading opened e-mails. This is periodically how I delete my e-mails, so, seeing it was junk mail I would have just deleted and ignored like the hundreds of junk mail I get a week.They stated to me they have all records of prior phone calls, so, clearly, they must either not have a record of when I signed up for 2014 services, that call has me stating specifically it is only for 2014, or that phone call does not reflect any mention of it being an automatically renewed service. Even if there was mention of it, contract law (again, applicable to all contracts meeting certain criteria, such as services extending beyond one year- there is no exception for lawn care services) would require a written contract for services extending beyond a year, so, no valid contract is in place.They can escalate to collections, I will not pay anything. I will then escalate through the the Fair Debt Collection Practices Act which prevents harassing calls. As long as I state there is no contract, unless they can provide one, they have to stop harassing phone calls.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]
we apologized several times even after mr. [redacted] told Amber to shut up on the phone. She tried to explain to him that our computer system automatically date/time stamps anytime anyone opens up a customers account and nobody had been in his account during the time frame he was stating that...
he cxld service. also, im not sure about the information mr. [redacted] is providing regarding the cancellation of applications because he never cancelled any applications and he completed the program he ordered for the 2014 season, every application, the last one being on 10/27/14. mr. [redacted] was auto renewed, as is the standard in lawn care, he received 2 renewal letters through the mail (both had a neon green sticker on the front saying 2015 services ordered), an email of the renewal letter, 2 phone calls letting him know that we would be starting service soon and a call the night before we came out to perform the application since he is a call ahead. on all of these correspondence it clearly states that if there are any changes or services are not wanted to contact us. in addition the owner [redacted] promptly called mr. [redacted] which is what he wanted the same day that he asked for him too and mr. [redacted] had made the arrangements with [redacted] to pay for 1/2 off the balance on his account for the application that was done. this was on 4/16.....we are still awaiting payment.
Hello,I am sorry for all of the confusion regarding your account. I understand you were frustrated with the weed problem in the yard. Looking through the account, it shows you spoke with someone on June 27th about weeds throughout the yard and you confirmed on June 30th that it would be...
ok to service the lawn on July 1st. On July 1st, the weeds were retreated as requested - there was no charge to reapply the weed control. We also completed your Summer Fertilization at this time - that charge would have been $66. The fertilizer application is the only outstanding balance I see on the account. We reapplied the weed control again on 8/1/2016 and a third time on 8/22/2016 - neither of these visits were billed. Customers are not charged for reapplications. A quality control check was done on the yard and we found that the yard had some thin spots where weeds were coming back due to the thin areas. We had suggested a aeration and overseeding of the thin areas to improve the thickness of those struggling areas. We have not treated your lawn since 8/22/2016 and all remaining services for 2016 and forward were cancelled as requested on 10/13/2016.
nobody is trying to scare or deter anybody! we have simply requested that mr [redacted] call the office to listen to the recording of him stating he was satisfied with what he had ordered and still scheduled and that he didnt want to add any additional services. the recording very clearly states that he still has a service ordered yet he refuses to call in to the office to listen. I dont understand why? this could very easily be cleared up if he would listen to his call but he refuses probably because then he would have to acknowledge that he owes for this service that he requested and didnt cancel. if anyone would like to listen to the recording from the Revdex.com please feel free to contact the office and you will easily see that he owes this balance and acknowledges in the recording that he still has this service ordered....
Mr. [redacted] received 2 renewal letters, 1 in October and the other in January, in addition to a call in February and in early March. In additon to this he opened an emailed confirmation letter on January 10th at 3:53 p.m., just like he had opened all of the emailed statements that we sent to him....
Mr. [redacted] did admit to [redacted] that he got the paper renewal letters but probably threw them out thinking they were junk mail. Both of the paper letters had neon green stickers on the front that said 2015 services ordered and both of the paper letters, in addition to the email that Mr. [redacted] opened state that if you no longer want service to contact the office or we will come out as scheduled. We have a recording of Mr. [redacted] speaking with [redacted] regarding an aeration in September, at this point Mr. [redacted] mentions nothing about cancelling service or not wanting service in 2015. All lawn care services are auto renewed and in the state of Ohio there are no contracts for lawn care and so there is nothing to sign. Even if Mr. [redacted] disregarded the 2 paper renewals and the phone calls, he did have a pleasant conversation with [redacted] during which he never mentions not continuing service or cxling service and Mr. [redacted] opened the emailed renewal letter just like he did the emailed statements in the past. the only reason I reiterate that he opened it like he did the statements is because there were many emails that he did not open but the statements and renewal letter he did which would tell me that he took the time to read those and the others he did not. We completely understand that life gets busy and with all of this being said would like to offer Mr. [redacted] to split the cost of the application with him of the balance that is undoubtedly owed, only due to the fact that this was possibly forgotten about or overlooked and maybe Mr. [redacted] meant to call the office and cancel but forgot to after reading the renewal letters. please let us know how you would like to proceed. thank you!
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it. If you and the business have reached an agreement and compliance is set for a future date, we trust the business will comply. Please contact us after that time if the matter is not resolved as agreed and we will review the complaint and proceed accordingly.]
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.
Regards,
[redacted]
unfortunately for Mr. [redacted] there are no contracts for lawn care in the state of Ohio so all of the research on contract laws that he mentioned is meaningless in this case as there isnt one. he was a cus[redacted]er of ours since 2008 at another address and is well aware of the renewal process, it is not new to him. as stated we made numerous attempts to contact him prior to doing any service for him. on the 2 renewal letters we sent out there was a neon green sticker on the front of the envelope which states "2015 services scheduled". in addition to this inside the letters and in the many phone calls we sent him it clearly states "we wiil be coming out to perform services for him unless he notifies our office". we made all of these attempts starting in October 2014 untill 3/25/15 when the service was completed so he had more than ample time to contact us regarding not wanting service. in addition we emailed him a copy of the confirmation letter on 1/10/15 at 3 p.m. and he opened that email at 3:53 p.m. the same day. that email also states the same as the letters and phone calls that we would be coming out to perform the scheduled services for him unless he notifies the office otherwise in addition to giving an overview of the applications scheduled and pricing. in all of these instances he failed to notify us of not wanting to continue service so we are trying to be fair and take care of 1/2 off the balance for him, especially due to the fact that even "if" he claims to not have gotten the 2 letters (which he already had told [redacted] that he received both of the letters) or phone calls we can see without a doubt that he did receive the email and opened it 53 minutes after it was sent to him. we think this is more than fair because not only did we make every attempt for him to notify us if he didnt want service but after we made these attempts he still allowed us to come out and perform the work before saying anything. in addition he spoke with [redacted] in September regarding aeration and mentions nothing about being unhappy or wanting to cancell service. he also sent payments on 10/29/14 and 12/19/14, well after we sent him the first renewal letter on 10/25/14, and mentioned nothing about cancelling service. there are no signatures for lawn care in Ohio because there are no contracts, therefore contract laws do not apply and this balance is owed due to the facts I have presented. we, as mentioned previously, are trying to work with Mr. [redacted] regarding the balance and accept 1/2 as payment in full however, if he doesn't accept this solutin then unfortunately we will have no other choice but to turn him over to a collection agence who will seek the total balance in full.
Revdex.com,The [redacted] have been long term customers of Weed Man Lawn Care for several years. They ordered a grub control in 2014 and when their regular service was renewed for 2015, they were mistakenly renewed for a grub control. We unfortunately did not catch this until after the service was...
performed. After reviewing the account, [redacted] * determined the homeowner should not have been renewed for a grub control in 2015. Because of this, we will not charge the homeowner the $270 for the grub control. I emailed [redacted] to let her know we would void the check and take the grub control off of her account. She requested rather than voiding the check, to have it sent back to her. The check has been sent back to the homeowner. They are not responsible for paying the $270 charge for the grub control. We apologize again for the inconvenience and hassle this caused the [redacted].Please let me know if you need any further information.Thanks,[redacted]Assistant General Manager
on 9/17/2014 Mr. [redacted] had the following conversation with [redacted]TT [redacted]... he is at work right now but he is going to call his wife and have her call in today to make a payment... Also cancelled W2 can't afford but still wants F4.. do not renew.. Mr. is not sure how many treatments he will...
want next year and would prefer to be called in the fall/winter for thiswe cancelled out the application that he wanted us to cancell (the w2, which is a fall broad leaf weed control) but, per his request we still kept the winterization fertilizer (the f4) on his order. at this time he had also told us that he just got married and didnt want to pay for two more treatments, just the winterization fertilizer. we are not in the business of performing services and billing for things that are not wanted! if that was the case then we would have performed both of the remaining applications instead of cancelling one. that makes no sense to cancel only one application and come out later in the year. Mr. [redacted] had trouble paying, for instance his invoice for the applications done on 7/14/2014 and 8/19/2014 were not paid for untill 11/11/2014. maybe this is why he is trying to get this service that he ordered and asked us to perform for free?
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Weed Man has emailed me in an attempt to scare me into dismissing my Revdex.com complaint. I have asked to be provided with the alleged recording. The conversation alluded to is one that I stated that I was satisfied with the service that had been provided. As I stated in my last Revdex.com response, I was satisfied with the service. However, that did not change my request to cancel ALL future services. I am frustrated that Weed Man continues to try and bully me and ignore the issue at hand. That is not the mark of a reputable company.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]
we have been in contact with mr. [redacted] who has agreed to pay this balance several times with several employees. the owner went out to inspect any damage within 2 hours of mr. [redacted] notifing us with his concerns and found that throughout the concrete driveway and sidewalks damage was caused from...
adverse weather conditions and pourous aged concrete. there were absolutely no scrapes on any surfaces that would be conductive of damage from an aerator. the only trace visible of us being there were some slight tire marks from the aerator which would wash off. if this was damage from an aerator there would have been scrapes and gouges into the concrete not the crumbling and degredation of the concrete itself which is the result of being badly poured. we have been in contact with mr. [redacted] several times, which as stated each time he has said he would be sending in payment for the balance owed. unfortunately he did not like the owners answer and expects us to repair something that is clearly not our fault.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I did not receive a phone call before any of the treatments. The manager did not meet me on my lawn. I waited and he never showed up and the next day he said he mixed up the date. I had to cancel the next one due to an emergency in the family. And when I called to try to resolve I was once again given the run around. I have seriously spent countless hours on this nonsense. Either your products do not work or the job isn't being done properly. I was even told my one of your employees that the previous technician was let go because of poor performance and my lawn was one of them. A reapplication doesn't matter when none of the applications worked. I've even asked to had the phone call pulled from when I ordered that. Once and for all, please let me move on my way and remove the charges. To be honest I feel you owe us a refund because it was all a big waste. And I'm not the only one with these complaints.
Regards,
[redacted]
Mr. D[redacted] claimed that he insisted that he give us verbal permission before each treatment and that he only wanted one treatment of fertilizer/weed control. Our company will not sell only one service per year, as it is not economical in our business model, or beneficial to our...
customers' lawns. We can accomodate a "verbal permission" request, but Mr. [redacted] did not require that. He did ask for notification and we did provide that with an automated phone call (coincidentally, his first two applications were performed this exact way with no concern, timely payment, etc.). Our customes can and frequently call us back and reschedule, skip, or adjust applications, etc. We have 24 hour voice mail and check that before any/every treatment. We pointed this out to Mr. [redacted] yesterday and provided a recorded copy of the phone call (attached) and let him know we can provide digital copies of all the "call before" notification with dates and times also. We also have GPS data on our technicians and can tell when they were at his home and for how long. Furthermore, Mr. [redacted] was sent a confirmation of services letter upon initiating services (with an opportunity to prepay at a discounted rate) and if any services were not wanted, he could have simply notified us at that time. As soon as we provided all those answers, Mr. [redacted] changed his argument and said we did not provide service and that he would notify the Revdex.com (as a threat), and "smear the company". Ultimately, each time we had an answer to Mr. [redacted]'s reasons for not paying us (and they kept changing), he raised another concern, and so on. This customer owes us for services provided. If at any time he would have notified us that the services were not wanted we would have immediately ceased, or, not provided those sservices, there is not contract, we would have investigated our technician, and certainly either immediately provided these services and/or adjusted Mr. [redacted]'s bill. See correspondence below:Sir, we do not schedule a single service, we will only schedule programs of 4-6 fertilizer/weed control applications and then the addition of grub control, aeration, etc. I will research any prior calls also. Kevin From: [redacted] [mailto:[redacted]] Sent: Thursday, October 26, 2017 4:29 PM To: Kevin L[redacted] Subject: Re: [redacted] That was the call for the first service, not the call where I discussed how many treatments we wanted and verifying weather we we wanted treatments as they came due. I need to hear the original call.Sent from my iPhone On Oct 26, 2017, at 2:47 PM, Kevin L[redacted] <Kl[redacted]@WEEDMANCINCI.COM> wrote:Mr. [redacted], Our team sent you a proposal with 6 applications, our standard program. Once you ordered the service, our team mailed you the confirmation with 6 services outlined (and the opportunity to prepay at a discounted rate), we only performed 4 of those services. We called ahead before each. We have 24 hour voice mail and check it each morning before our teams go out and if anyone wants to skip, or, hold off, or, discuss with our team, we will gladly hold that treatment and follow our customers directive (we do this all the time). Your two previous treatments, that you are not disputing, we did the exact same process that we did on the services you are disputing. At the end of this call, there is no mention of receiving your verbal permission before each treatment, it is pretty thorough. Thank you, Kevin L[redacted] Weed Man Lawn Care12100 Champion WayCincinnati, Oh 45241513.522.0517<image001.gif> From: Stephanie P[redacted] Sent: Thursday, October 26, 2017 2:35 PM To: Kevin L[redacted] Subject: [redacted] Attached is the call from the original sale, towards the end they went over the call aheads. The treatment on 06-20-17 he received a call ahead on 06-19-17 at 6:57 p.m.The treatment on 08-02-2017 he received a call ahead on 08-01-2017 at 5:25 p.m. Stephanie P[redacted]Weed Man Lawn Care12100 Champion Way Cincinnati, Ohio 45241 513.522.0517
Business said he visited the customer's property to inspect on 6/1, and left her a report that indicated the back yard had been treated on 5/27. Evidence of the treatment was pointed out to customer but she did not agree and decided to cancel service. All in-coming calls are noted, and all outgoing...
sales calls are recorded. Staff did not hang up on customer. A good faith refund of $37.50 will be sent to customer to close this complaint.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Weed Man makes a claim that "All Lawn Care Companies in Ohio are auto-renew", which, may or may not be the case- my question is whether every consumer in Ohio is aware of this?? I certainly was not aware this was industry practice, so, just the fact that people in that line of business 'know', doesn't mean their consumers know this. Further, if this is the case -then a written contract is in fact required, see below excerpt related to Written Contract requirements.Reference from this web-site:http://www.fangerlaw.com/understanding-contracts.php"Written and Oral Contracts... (Edited to remove unneeded data)Second, the law requires that certain types of contracts be in writing.
These are: (1)...(Edited to remove unneeded data)... and (5) contracts which will
not be fully performed (by at least one party) within one year. "So, given Ohio Contract law, requires if a service won't be fully performed within one year, a Written Contract is required. Given Weed Man's statement that this is an ongoing contract, that means not all services will be performed within a single year. Net, it requires a written contract. Additionally, contract law typically indicates for contracts at >$[redacted], a written contract is required - and again, if you calculate the value of the contract as per Weed Man's ongoing renewal claim, the contract will be well in excess of $[redacted].Having said that, which alone is enough for me not to pay for something with no binding contract, if they can provide the initial call voice recording/transcript when I signed up for 2014 services to me and/or the Revdex.com, and if there is any mention that it is Auto Renewal type of service, and I didn't make any response saying I didn't want the service to auto-renew, then I'll accept the offer to pay 1/2. I realize I am not required to do this based on not having a valid written contract, however, I'll give them the benefit of the doubt. However, if they have no recording of calls where they verbally told me was an Auto Renewal service, then I still maintain that we had no valid contract to provide service beyond what I registered for in 2014. Their statement that it is beyond one year and they don't have a written contract is in fact sufficient for this service bill to be fully credited, given their own statements illustrate no valid contract is in place for this service.
Regards,
[redacted]
we apologized several times even after mr [redacted] told Amber to shut up on the phoneShe tried to explain to him that our computer system automatically date/time stamps anytime anyone opens up a customers account and nobody had been in his account during the time frame he was stating that he cxld servicealso, im not sure about the information mr [redacted] is providing regarding the cancellation of applications because he never cancelled any applications and he completed the program he ordered for the season, every application, the last one being on 10/27/mr [redacted] was auto renewed, as is the standard in lawn care, he received renewal letters through the mail (both had a neon green sticker on the front saying services ordered), an email of the renewal letter, phone calls letting him know that we would be starting service soon and a call the night before we came out to perform the application since he is a call aheadon all of these correspondence it clearly states that if there are any changes or services are not wanted to contact usin addition the owner [redacted] promptly called mr [redacted] which is what he wanted the same day that he asked for him too and mr [redacted] had made the arrangements with [redacted] to pay for 1/off the balance on his account for the application that was donethis was on 4/16.....we are still awaiting payment
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below.Weed Man has emailed me in an attempt to scare me into dismissing my Revdex.com complaintI have asked to be provided with the alleged recordingThe conversation alluded to is one that I stated that I was satisfied with the service that had been providedAs I stated in my last Revdex.com response, I was satisfied with the serviceHowever, that did not change my request to cancel ALL future servicesI am frustrated that Weed Man continues to try and bully me and ignore the issue at handThat is not the mark of a reputable company [To assist us in bringing this matter to a close, we would like to know your view on the matter.] Regards, [redacted] ***
on 9/17/Mr [redacted] had the following conversation with [redacted] TT ***he is at work right now but he is going to call his wife and have her call in today to make a paymentAlso cancelled Wcan't afford but still wants Fdo not renewMris not sure how many treatments he will want next year and would prefer to be called in the fall/winter for thiswe cancelled out the application that he wanted us to cancell (the w2, which is a fall broad leaf weed control) but, per his request we still kept the winterization fertilizer (the f4) on his orderat this time he had also told us that he just got married and didnt want to pay for two more treatments, just the winterization fertilizerwe are not in the business of performing services and billing for things that are not wanted! if that was the case then we would have performed both of the remaining applications instead of cancelling onethat makes no sense to cancel only one application and come out later in the yearMr [redacted] had trouble paying, for instance his invoice for the applications done on 7/14/and 8/19/were not paid for untill 11/11/maybe this is why he is trying to get this service that he ordered and asked us to perform for free?
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below.Clearly Weedman doesn't understand Contract Law, contract law is applicable to all contracts, there aren't sub-sets of types of services that aren't covered If the nature of an agreement meets certain stipulations, such as in this case, not all services are performed within a single year, then a written contract is required In regards to 'opening an e-mail, that is hardly an indication an e-mail was read If you use Yahoo mail, and start with one e-mail and hit 'delete' from within the e-mail, it takes you to the next 'opening' the e-mail, and if you hit delete again that one is gone, and takes you to the next My e-mail service doesn't require a consent that I have fully read an e-mail before deleting, maybe the Weedman e-mail service is different and somehow requires any open e-mail to be read This seems like a hugely profitable idea if they can figure out a way to expand their e-mail service which requires e-mails be read if they are opened Unfortunately, as of now, the e-mail service I use doesn't require reading opened e-mails This is periodically how I delete my e-mails, so, seeing it was junk mail I would have just deleted and ignored like the hundreds of junk mail I get a week.They stated to me they have all records of prior phone calls, so, clearly, they must either not have a record of when I signed up for services, that call has me stating specifically it is only for 2014, or that phone call does not reflect any mention of it being an automatically renewed service Even if there was mention of it, contract law (again, applicable to all contracts meeting certain criteria, such as services extending beyond one year- there is no exception for lawn care services) would require a written contract for services extending beyond a year, so, no valid contract is in place.They can escalate to collections, I will not pay anything I will then escalate through the the Fair Debt Collection Practices Act which prevents harassing calls As long as I state there is no contract, unless they can provide one, they have to stop harassing phone calls [To assist us in bringing this matter to a close, we would like to know your view on the matter.] Regards, [redacted] ***
WHEN WE TOLD MR*** ABOUT OUR RECORDS IT WAS AN INDICATION THAT ANYTIME ANYONE ACCESSES A CUSTOMERS ACCOUNT THE COMPUTER SYSTEM AUTOMATICALLY DATE/TIME STAMPS THE ACCOUNT, THIS DIDNT HAPPEN WITH MR***S ACCOUNTWHAT HE FAILED TO MENTION IS THAT WHEN HE TALKED TO *** ON 12/17/HE HAD
OPENLY TOLD HER THAT HE DID NOT CANCEL WITH ANYBODY SPECIFICALLY ONLY THAT HE RESPONDED TO A SURVEY THAT WE HAD SENT TO ALL OF OUR CUSTOMERS REGARDING THERE SATISFACTION WITH SERVICE AND HE ASSUMED THAT WOULD CANCEL HIS SERVICEHE KNOWINGLY DID NOT SPEAK WITH ANYONE FROM OUR COMPANY ABOUT CANCELING SERVICE OR EVEN STATE THAT IN THE SURVEY ANSWERS, HE JUST STATED THAT HE WAS SLIGHTLY LIKELY TO RENEW WITH US FOR UNFORTUNATELY SINCE MR*** DID NOT CANCEL SERVICE WITH A REPRESENTATIVE AND HE ONLY ANSWERED A SURVEY ABOUT RENEWING SERVICE FOR NEXT YEAR UNFAVORABLY, BY HIS OWN ADMISSION, THE BALANCE IS DUE ON THE ACCOUNTIN ADDITION WHEN HE DID COMPLETE THE SURVEY REGARDING HIS DISSATISFACTION WITH THE SERVICE FOR WE IMMEDIATELY RESPONDED BY COMING OUT TO HIS PROPERTY AND COMPLETING AN INSPECTION, LEFT HIM DETAILED NOTES REGARDING HIS LAWN AND CONCERNS AND TRIED TO FOLLOW UP WITH HIMWE WENT OUT OF OUR WAY TO PLEASE MR*** AND LIVE UP TO HIS EXPECTATIONS
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Clearly Weedman doesn't understand Contract Law, contract law is applicable to all contracts, there aren't sub-sets of types of services that aren't covered. If the nature of an agreement meets certain stipulations, such as in this case, not all services are performed within a single year, then a written contract is required. In regards to 'opening an e-mail, that is hardly an indication an e-mail was read. If you use Yahoo mail, and start with one e-mail and hit 'delete' from within the e-mail, it takes you to the next 'opening' the e-mail, and if you hit delete again that one is gone, and takes you to the next. My e-mail service doesn't require a consent that I have fully read an e-mail before deleting, maybe the Weedman e-mail service is different and somehow requires any open e-mail to be read. This seems like a hugely profitable idea if they can figure out a way to expand their e-mail service which requires e-mails be read if they are opened. Unfortunately, as of now, the e-mail service I use doesn't require reading opened e-mails. This is periodically how I delete my e-mails, so, seeing it was junk mail I would have just deleted and ignored like the hundreds of junk mail I get a week.They stated to me they have all records of prior phone calls, so, clearly, they must either not have a record of when I signed up for 2014 services, that call has me stating specifically it is only for 2014, or that phone call does not reflect any mention of it being an automatically renewed service. Even if there was mention of it, contract law (again, applicable to all contracts meeting certain criteria, such as services extending beyond one year- there is no exception for lawn care services) would require a written contract for services extending beyond a year, so, no valid contract is in place.They can escalate to collections, I will not pay anything. I will then escalate through the the Fair Debt Collection Practices Act which prevents harassing calls. As long as I state there is no contract, unless they can provide one, they have to stop harassing phone calls.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]
we apologized several times even after mr. [redacted] told Amber to shut up on the phone. She tried to explain to him that our computer system automatically date/time stamps anytime anyone opens up a customers account and nobody had been in his account during the time frame he was stating that...
he cxld service. also, im not sure about the information mr. [redacted] is providing regarding the cancellation of applications because he never cancelled any applications and he completed the program he ordered for the 2014 season, every application, the last one being on 10/27/14. mr. [redacted] was auto renewed, as is the standard in lawn care, he received 2 renewal letters through the mail (both had a neon green sticker on the front saying 2015 services ordered), an email of the renewal letter, 2 phone calls letting him know that we would be starting service soon and a call the night before we came out to perform the application since he is a call ahead. on all of these correspondence it clearly states that if there are any changes or services are not wanted to contact us. in addition the owner [redacted] promptly called mr. [redacted] which is what he wanted the same day that he asked for him too and mr. [redacted] had made the arrangements with [redacted] to pay for 1/2 off the balance on his account for the application that was done. this was on 4/16.....we are still awaiting payment.
Hello,I am sorry for all of the confusion regarding your account. I understand you were frustrated with the weed problem in the yard. Looking through the account, it shows you spoke with someone on June 27th about weeds throughout the yard and you confirmed on June 30th that it would be...
ok to service the lawn on July 1st. On July 1st, the weeds were retreated as requested - there was no charge to reapply the weed control. We also completed your Summer Fertilization at this time - that charge would have been $66. The fertilizer application is the only outstanding balance I see on the account. We reapplied the weed control again on 8/1/2016 and a third time on 8/22/2016 - neither of these visits were billed. Customers are not charged for reapplications. A quality control check was done on the yard and we found that the yard had some thin spots where weeds were coming back due to the thin areas. We had suggested a aeration and overseeding of the thin areas to improve the thickness of those struggling areas. We have not treated your lawn since 8/22/2016 and all remaining services for 2016 and forward were cancelled as requested on 10/13/2016.
nobody is trying to scare or deter anybody! we have simply requested that mr [redacted] call the office to listen to the recording of him stating he was satisfied with what he had ordered and still scheduled and that he didnt want to add any additional services. the recording very clearly states that he still has a service ordered yet he refuses to call in to the office to listen. I dont understand why? this could very easily be cleared up if he would listen to his call but he refuses probably because then he would have to acknowledge that he owes for this service that he requested and didnt cancel. if anyone would like to listen to the recording from the Revdex.com please feel free to contact the office and you will easily see that he owes this balance and acknowledges in the recording that he still has this service ordered....
Mr. [redacted] received 2 renewal letters, 1 in October and the other in January, in addition to a call in February and in early March. In additon to this he opened an emailed confirmation letter on January 10th at 3:53 p.m., just like he had opened all of the emailed statements that we sent to him....
Mr. [redacted] did admit to [redacted] that he got the paper renewal letters but probably threw them out thinking they were junk mail. Both of the paper letters had neon green stickers on the front that said 2015 services ordered and both of the paper letters, in addition to the email that Mr. [redacted] opened state that if you no longer want service to contact the office or we will come out as scheduled. We have a recording of Mr. [redacted] speaking with [redacted] regarding an aeration in September, at this point Mr. [redacted] mentions nothing about cancelling service or not wanting service in 2015. All lawn care services are auto renewed and in the state of Ohio there are no contracts for lawn care and so there is nothing to sign. Even if Mr. [redacted] disregarded the 2 paper renewals and the phone calls, he did have a pleasant conversation with [redacted] during which he never mentions not continuing service or cxling service and Mr. [redacted] opened the emailed renewal letter just like he did the emailed statements in the past. the only reason I reiterate that he opened it like he did the statements is because there were many emails that he did not open but the statements and renewal letter he did which would tell me that he took the time to read those and the others he did not. We completely understand that life gets busy and with all of this being said would like to offer Mr. [redacted] to split the cost of the application with him of the balance that is undoubtedly owed, only due to the fact that this was possibly forgotten about or overlooked and maybe Mr. [redacted] meant to call the office and cancel but forgot to after reading the renewal letters. please let us know how you would like to proceed. thank you!
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it. If you and the business have reached an agreement and compliance is set for a future date, we trust the business will comply. Please contact us after that time if the matter is not resolved as agreed and we will review the complaint and proceed accordingly.]
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.
Regards,
[redacted]
unfortunately for Mr. [redacted] there are no contracts for lawn care in the state of Ohio so all of the research on contract laws that he mentioned is meaningless in this case as there isnt one. he was a cus[redacted]er of ours since 2008 at another address and is well aware of the renewal process, it is not new to him. as stated we made numerous attempts to contact him prior to doing any service for him. on the 2 renewal letters we sent out there was a neon green sticker on the front of the envelope which states "2015 services scheduled". in addition to this inside the letters and in the many phone calls we sent him it clearly states "we wiil be coming out to perform services for him unless he notifies our office". we made all of these attempts starting in October 2014 untill 3/25/15 when the service was completed so he had more than ample time to contact us regarding not wanting service. in addition we emailed him a copy of the confirmation letter on 1/10/15 at 3 p.m. and he opened that email at 3:53 p.m. the same day. that email also states the same as the letters and phone calls that we would be coming out to perform the scheduled services for him unless he notifies the office otherwise in addition to giving an overview of the applications scheduled and pricing. in all of these instances he failed to notify us of not wanting to continue service so we are trying to be fair and take care of 1/2 off the balance for him, especially due to the fact that even "if" he claims to not have gotten the 2 letters (which he already had told [redacted] that he received both of the letters) or phone calls we can see without a doubt that he did receive the email and opened it 53 minutes after it was sent to him. we think this is more than fair because not only did we make every attempt for him to notify us if he didnt want service but after we made these attempts he still allowed us to come out and perform the work before saying anything. in addition he spoke with [redacted] in September regarding aeration and mentions nothing about being unhappy or wanting to cancell service. he also sent payments on 10/29/14 and 12/19/14, well after we sent him the first renewal letter on 10/25/14, and mentioned nothing about cancelling service. there are no signatures for lawn care in Ohio because there are no contracts, therefore contract laws do not apply and this balance is owed due to the facts I have presented. we, as mentioned previously, are trying to work with Mr. [redacted] regarding the balance and accept 1/2 as payment in full however, if he doesn't accept this solutin then unfortunately we will have no other choice but to turn him over to a collection agence who will seek the total balance in full.
Revdex.com,The [redacted] have been long term customers of Weed Man Lawn Care for several years. They ordered a grub control in 2014 and when their regular service was renewed for 2015, they were mistakenly renewed for a grub control. We unfortunately did not catch this until after the service was...
performed. After reviewing the account, [redacted] * determined the homeowner should not have been renewed for a grub control in 2015. Because of this, we will not charge the homeowner the $270 for the grub control. I emailed [redacted] to let her know we would void the check and take the grub control off of her account. She requested rather than voiding the check, to have it sent back to her. The check has been sent back to the homeowner. They are not responsible for paying the $270 charge for the grub control. We apologize again for the inconvenience and hassle this caused the [redacted].Please let me know if you need any further information.Thanks,[redacted]Assistant General Manager
on 9/17/2014 Mr. [redacted] had the following conversation with [redacted]TT [redacted]... he is at work right now but he is going to call his wife and have her call in today to make a payment... Also cancelled W2 can't afford but still wants F4.. do not renew.. Mr. is not sure how many treatments he will...
want next year and would prefer to be called in the fall/winter for thiswe cancelled out the application that he wanted us to cancell (the w2, which is a fall broad leaf weed control) but, per his request we still kept the winterization fertilizer (the f4) on his order. at this time he had also told us that he just got married and didnt want to pay for two more treatments, just the winterization fertilizer. we are not in the business of performing services and billing for things that are not wanted! if that was the case then we would have performed both of the remaining applications instead of cancelling one. that makes no sense to cancel only one application and come out later in the year. Mr. [redacted] had trouble paying, for instance his invoice for the applications done on 7/14/2014 and 8/19/2014 were not paid for untill 11/11/2014. maybe this is why he is trying to get this service that he ordered and asked us to perform for free?
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Weed Man has emailed me in an attempt to scare me into dismissing my Revdex.com complaint. I have asked to be provided with the alleged recording. The conversation alluded to is one that I stated that I was satisfied with the service that had been provided. As I stated in my last Revdex.com response, I was satisfied with the service. However, that did not change my request to cancel ALL future services. I am frustrated that Weed Man continues to try and bully me and ignore the issue at hand. That is not the mark of a reputable company.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]
we have been in contact with mr. [redacted] who has agreed to pay this balance several times with several employees. the owner went out to inspect any damage within 2 hours of mr. [redacted] notifing us with his concerns and found that throughout the concrete driveway and sidewalks damage was caused from...
adverse weather conditions and pourous aged concrete. there were absolutely no scrapes on any surfaces that would be conductive of damage from an aerator. the only trace visible of us being there were some slight tire marks from the aerator which would wash off. if this was damage from an aerator there would have been scrapes and gouges into the concrete not the crumbling and degredation of the concrete itself which is the result of being badly poured. we have been in contact with mr. [redacted] several times, which as stated each time he has said he would be sending in payment for the balance owed. unfortunately he did not like the owners answer and expects us to repair something that is clearly not our fault.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I did not receive a phone call before any of the treatments. The manager did not meet me on my lawn. I waited and he never showed up and the next day he said he mixed up the date. I had to cancel the next one due to an emergency in the family. And when I called to try to resolve I was once again given the run around. I have seriously spent countless hours on this nonsense. Either your products do not work or the job isn't being done properly. I was even told my one of your employees that the previous technician was let go because of poor performance and my lawn was one of them. A reapplication doesn't matter when none of the applications worked. I've even asked to had the phone call pulled from when I ordered that. Once and for all, please let me move on my way and remove the charges. To be honest I feel you owe us a refund because it was all a big waste. And I'm not the only one with these complaints.
Regards,
[redacted]
Mr. D[redacted] claimed that he insisted that he give us verbal permission before each treatment and that he only wanted one treatment of fertilizer/weed control. Our company will not sell only one service per year, as it is not economical in our business model, or beneficial to our...
customers' lawns. We can accomodate a "verbal permission" request, but Mr. [redacted] did not require that. He did ask for notification and we did provide that with an automated phone call (coincidentally, his first two applications were performed this exact way with no concern, timely payment, etc.). Our customes can and frequently call us back and reschedule, skip, or adjust applications, etc. We have 24 hour voice mail and check that before any/every treatment. We pointed this out to Mr. [redacted] yesterday and provided a recorded copy of the phone call (attached) and let him know we can provide digital copies of all the "call before" notification with dates and times also. We also have GPS data on our technicians and can tell when they were at his home and for how long. Furthermore, Mr. [redacted] was sent a confirmation of services letter upon initiating services (with an opportunity to prepay at a discounted rate) and if any services were not wanted, he could have simply notified us at that time. As soon as we provided all those answers, Mr. [redacted] changed his argument and said we did not provide service and that he would notify the Revdex.com (as a threat), and "smear the company". Ultimately, each time we had an answer to Mr. [redacted]'s reasons for not paying us (and they kept changing), he raised another concern, and so on. This customer owes us for services provided. If at any time he would have notified us that the services were not wanted we would have immediately ceased, or, not provided those sservices, there is not contract, we would have investigated our technician, and certainly either immediately provided these services and/or adjusted Mr. [redacted]'s bill. See correspondence below:Sir, we do not schedule a single service, we will only schedule programs of 4-6 fertilizer/weed control applications and then the addition of grub control, aeration, etc. I will research any prior calls also. Kevin From: [redacted] [mailto:[redacted]] Sent: Thursday, October 26, 2017 4:29 PM To: Kevin L[redacted] Subject: Re: [redacted] That was the call for the first service, not the call where I discussed how many treatments we wanted and verifying weather we we wanted treatments as they came due. I need to hear the original call.Sent from my iPhone On Oct 26, 2017, at 2:47 PM, Kevin L[redacted] <Kl[redacted]@WEEDMANCINCI.COM> wrote:Mr. [redacted], Our team sent you a proposal with 6 applications, our standard program. Once you ordered the service, our team mailed you the confirmation with 6 services outlined (and the opportunity to prepay at a discounted rate), we only performed 4 of those services. We called ahead before each. We have 24 hour voice mail and check it each morning before our teams go out and if anyone wants to skip, or, hold off, or, discuss with our team, we will gladly hold that treatment and follow our customers directive (we do this all the time). Your two previous treatments, that you are not disputing, we did the exact same process that we did on the services you are disputing. At the end of this call, there is no mention of receiving your verbal permission before each treatment, it is pretty thorough. Thank you, Kevin L[redacted] Weed Man Lawn Care12100 Champion WayCincinnati, Oh 45241513.522.0517<image001.gif> From: Stephanie P[redacted] Sent: Thursday, October 26, 2017 2:35 PM To: Kevin L[redacted] Subject: [redacted] Attached is the call from the original sale, towards the end they went over the call aheads. The treatment on 06-20-17 he received a call ahead on 06-19-17 at 6:57 p.m.The treatment on 08-02-2017 he received a call ahead on 08-01-2017 at 5:25 p.m. Stephanie P[redacted]Weed Man Lawn Care12100 Champion Way Cincinnati, Ohio 45241 513.522.0517
Business said he visited the customer's property to inspect on 6/1, and left her a report that indicated the back yard had been treated on 5/27. Evidence of the treatment was pointed out to customer but she did not agree and decided to cancel service. All in-coming calls are noted, and all outgoing...
sales calls are recorded. Staff did not hang up on customer. A good faith refund of $37.50 will be sent to customer to close this complaint.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Weed Man makes a claim that "All Lawn Care Companies in Ohio are auto-renew", which, may or may not be the case- my question is whether every consumer in Ohio is aware of this?? I certainly was not aware this was industry practice, so, just the fact that people in that line of business 'know', doesn't mean their consumers know this. Further, if this is the case -then a written contract is in fact required, see below excerpt related to Written Contract requirements.Reference from this web-site:http://www.fangerlaw.com/understanding-contracts.php"Written and Oral Contracts... (Edited to remove unneeded data)Second, the law requires that certain types of contracts be in writing.
These are: (1)...(Edited to remove unneeded data)... and (5) contracts which will
not be fully performed (by at least one party) within one year. "So, given Ohio Contract law, requires if a service won't be fully performed within one year, a Written Contract is required. Given Weed Man's statement that this is an ongoing contract, that means not all services will be performed within a single year. Net, it requires a written contract. Additionally, contract law typically indicates for contracts at >$[redacted], a written contract is required - and again, if you calculate the value of the contract as per Weed Man's ongoing renewal claim, the contract will be well in excess of $[redacted].Having said that, which alone is enough for me not to pay for something with no binding contract, if they can provide the initial call voice recording/transcript when I signed up for 2014 services to me and/or the Revdex.com, and if there is any mention that it is Auto Renewal type of service, and I didn't make any response saying I didn't want the service to auto-renew, then I'll accept the offer to pay 1/2. I realize I am not required to do this based on not having a valid written contract, however, I'll give them the benefit of the doubt. However, if they have no recording of calls where they verbally told me was an Auto Renewal service, then I still maintain that we had no valid contract to provide service beyond what I registered for in 2014. Their statement that it is beyond one year and they don't have a written contract is in fact sufficient for this service bill to be fully credited, given their own statements illustrate no valid contract is in place for this service.
Regards,
[redacted]