24th February 2009

The Cost of Threatening Legal Action

posted in Contractors |

So, back in August of last year, in the heat of summer, a tenant called to let me know that their air conditioning system was not working. I called a very well known (read: big) local HVAC company to attend to the problem.

Basically, due to a recent tropical storm, this company was behind with their service calls and sent out an incompetent technician who came out to the property at the very end of the day, misdiagnosed the problem, added freon and promptly left.

The next day I called to let the company know that their guy didn’t fix the problem. They promised to send someone else out who, arrived at the very end of the day, properly diagnosed (but did not fix) the problem and again, promptly left.

The following day, a Friday, I again called the company who let me know that they were backed up on service calls and they would not be able to come out until Tuesday, due to the Labor Day weekend.

Not wanting to subject my tenants to sweltering temperatures for another three days, I called another company who promptly sent someone out and fixed the problem.

Here’s where it gets interesting; Two weeks later, I received a bill from the first HVAC company for a service call. I called the company and was gruffly told by a female receptionist that, “[I] called for a service call and [I] would have to pay for it.” I explained the situation to her to which she replied, “Well, [she's] been in business for 40 years and [she's] obviously doing something right.”

Not wanting to argue any further with this lady who obviously has a Ph.D. in customer service, I ignored the bill. The next month, I received another invoice with interest added which I also ignored.

In January, I received a letter from someone else in the HVAC company threatening me with legal action if I did not pay their invoice including the interest.

I calmly replied, in writing, to this person explaining the situation including that I had to call another company to repair the problem because they were backed up and could not complete the repair 5 days from the first call for service. Soon after, I received a letter requesting a copy of the other company’s invoice which I duly mailed. A couple of days later, I received a phone call saying that they would be voiding the invoice in question for which I thanked them. Done and done.

Needless to say that I will not be doing business with this company again due to my experience but this didn’t have to go down like this. Here’s how they could have prevented this situation:

  1. Don’t bill customers for services not performed
  2. Don’t threaten legal action for a $100 invoice when it would cost at least $500 to pursue
  3. Get “Dr. Crab Ass” off the phones and back into the hole where she lives
  4. Communicate (calmly) with customers
  5. Be up-front with a customer when a service can not be performed for whatever reason

Sheesh!

This entry was posted on Tuesday, February 24th, 2009 at 6:00 am and is filed under Contractors. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

There are currently 2 responses to “The Cost of Threatening Legal Action”

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  1. 1 On June 20th, 2009, Elizabeth said:

    How nice that you actually called and found another company that could come out and fix the air conditioner for your tenant. I wish my property management company was half as considerate as you. Here we are in GA, it’s 90 degrees in my house and the property manager is telling me I have to wait until Monday to get someone out to continue work on the system. A company came today but the unit is frozen over so it needs 24 hours to thaw out. This company doesn’t work on Sunday so I’m screwed according to my property manager. There is nothing further they can do. I even told them I would be happy to search for a HVAC company willing to come out on a Sunday and they said that’s fine but we won’t pay for it. GREAT!!!! Relocation Realty Inc out of Roswell GA has been no walk in the park to deal with. If they can get out of spending $1 to keep me (a tenant who has never been late with a payment and per the lease agreement pays BEFORE the 1st of the month) happy. It was encouraging to read that some landlords have a heart and a brain!

  2. 2 On June 20th, 2009, TheLandlord said:

    Well, thanks Elizabeth! We certainly try to keep our tenants happy.

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