Houzz Logo Print
paleblue_gw

plumbing repair.....disaster

17 years ago

Need suggestions on how best to handle this problem. Had

very famous company come to unclog my basement drain. Got

a lot of 'double talk', but I was desperate. Anyway in

the end the bill way very high...........but I just wanted

it done. He left me no copies of paperwork and after he

left I realized he had somehow cracked my stone tub (for

the washing machine).

I immediately called cc company to ask that they put a hold

on that charge until the matter was resolved. They have

refused to do it. I believe this should be a 'disputed'

item, until there is a resolution. What's your opinion.

Comments (9)

  • 17 years ago
    last modified: 11 years ago

    Any reason the bank is refusing? I would contact the company and have them inspect, and request a copy of the paperwork. Call the BBB and if no compensation/relief, contact a lawyer. Sometimes just legal letterhead is enough to get them to do what's right.

    Good luck!

  • 17 years ago
    last modified: 11 years ago

    The BBB really isn't a dispute resolution organization. Occasionally, they do help, but their actual function is to be a PR group for their MEMBER businesses. They do file complaints, but they don't usually actively give much help in this sort of situation, so I'd bypass them.

    I'd contact your state office of consumer affairs, the office that licenses plumbers, the local consumer reporters at the newspaper, news radio and TV stations. Those are the ways you're going to get some help on this.

    And in the meantime, take some date stamped photos of the damage.

    I'd be willing to bet I know which company you used. We had them out several years ago for a clogged drain. After 3 visits and $400 the clog still wasn't cleared, and they were refusing to come out any more (even though they offered some sort of 'guarantee') We ended up calling a local plumber who charged almost as much, but who did the job right the first time (using different materials and methods than that well-known, highly advertised place. I will NEVER call them again).

  • 17 years ago
    last modified: 11 years ago

    Before you jump heavy with
    I'd contact your state office of consumer affairs, the office that licenses plumbers, the local consumer reporters at the newspaper, news radio and TV stations. Those are the ways you're going to get some help on this.
    Contacting the state office of consumer affairs, (the office that licenses plumbers) is normally for reporting issues of inferior workmanship from a/the licensed professional. It will not help get repairs done or restitution for damages. If the actual plumbing job is faulty the board may investigate and caution the contractor or revoke his license,
    Contacting the local consumer reporters at the newspaper, news radio and TV stations usually isn't help for you financially or legally. Though the bad advertisement for the company may cause them some small amount of business loss.

    CC company is not responsible for holding funds for a job done in order to settle a damage dispute. Unless there is actual fraudulent charges of items not received or work not done the CC comp is not responsible or wrong.

    Big companies are insured for damages by accident an employee may cause and usually have no problem paying for the fix or having it done asap.

    In this instance I would start with getting estimates (at least 3) from different companies for the repair of the damages, along with contacting the plumbing company you used for the original work. If it is the same one I am thinking of, they are franchised, so start at the local office that actually came to your home. Present the issue to the Owner/operator and ask what he is going to do to resolve the issue and have the damage his employee caused fixed. If that fails then call the corporate # and go through the issue with Customer service. Don't get frustrated or angry and don't threaten legal action or swear or call names. If you do not receive satisfaction and an agreement for the resolve it is then time to go to an attorney. If you want to discuss the issue and get advice from an attorney many offices have a private consultation where you talk with a legal assistant to see if you actually have the (right stuff) to file a claim. You can also find many sites for legal advice on-line (free info) to look at what steps should be followed and what to do before hiring an attorney or filing a law suit. Courts are for the final resolution of disputes not the first step. Big companies are insured for damages by accident an employee may cause and usually have no problem paying for the fix or having it done asap.

    CT

  • 17 years ago
    last modified: 11 years ago

    Your credit card company has no choice. They have to accept the disbute charge. Contact your attorney general. I don't understand no paperwork, yet accepting a CC. Did you sign? Was the plumber licensed? Insured? If not, contact the state agency/county that does this. Try to keep calm, and doucument everything. When, who you talked to, date, time, names, titles and note what they said and tone of voice.

  • 17 years ago
    last modified: 11 years ago

    If it were me I would go to the company and sit there until the matter is solved.

    SamKaren
    your resident DJ

  • 17 years ago
    last modified: 11 years ago

    Right, SamKaren. You should go to the top person in the company and in a very polite and methodical way outline your complaints. Didn't they give you a ballpark estimate or at least outline what the costs could be?

    And if it's a chain, you can go above the head of the company you used.

    This is how you should start. But just remember to be very polite, sharing your disappointment, even though you'd like to really throw a tantrum.

  • 17 years ago
    last modified: 11 years ago

    So far, coloredthumb has given the most rational and sound advice. How much actual damage is there, dollar-wise? The CC company was correct in not stopping payment. You do not have a disputed charge, you have a complaint about damage and that's completely separate from the charge for the services they provided. If they agreed that they did the damage, you would still have to pay them for their service and they would pay you for the damage. You cannot just deduct from the bill. It doesn't work that way. I'm constantly amazed at some of the advice given on these forums!

    Banks and credit card companies are not advocates for disgruntled people. They are a clearing house for financial matters. They handle payments for people. Just because you don't like something doesn't mean you can have the bank fight your battles for you.

    Let's look at facts: They were hired to, and they provided a service, good, fair or poor, but nonetheless the OP accepted the service, acknowledged satisfaction with it and paid for it. It's fraud to dispute the charge now without a basis. In some areas, a person could even be criminally charged with defrauding an innkeeper by falsely disputing the charge after acceptance, no different than filling your tank with gas and stopping payment on the check. Had the drain not drained when they left, the OP would have a basis to dispute the charge but not for something that's a completely separate issue.

    You will have to make a claim to them and go from there to prove your claim is valid. Have they denied (or admitted) that they did the damage? If it's not overly expensive, they might negotiate with you to settle it for a customer satisfaction or nuisance value, but I wouldn't bank on it. They might be willing to turn in a claim if they have insurance but many places self-insure. Are *you* insured for it? Maybe that would be the easiest route to go. Seems to me if you have to go to court your case could be tenuous at best. You'll need to prove they did it. You didn't see them do it. You probably can't really prove it wasn't damaged before they came out so you might want to consider what you really want to have happen and consider all options.

    I get such a kick out of people that say to have a lawyer send a letter. Few lawyers do this for free. And fewer businesses are scared of a "lawyer letter"! Especially since they know that a lawyer isn't going to get involved if the amount is small. I had a great time when some people tried this with us. We tied up a lot of hours and had them crying "uncle"! When business was slow, we would contact different partners and tie them up on the phone (non-billable hours), faxed them lots of letters and generally had a good time. Oh, and the BBB is a joke too. They used to try to resolve complaints but never have had any enforcement power and are of no value to people who have legitimate problems and complaints. I'm amazed that racket is still around!

    I'd contact your state office of consumer affairs, the office that licenses plumbers, the local consumer reporters at the newspaper, news radio and TV stations. Those are the ways you're going to get some help on this.
    I sincerely doubt this will get you much help. There are still a couple of "consumer advocate" setups at some local television stations but unless you have something like that, it certainly is not newsworthy so a station isn't going to get involved. Had there been malice or something it could be newsworthy but they'll yawn at this. No ratings to be had from this one, sorry!

    Calling the state, I'd bet they'll tell you that you have a civil dispute and need to deal with the company and civil court. No criminal activity. Again, no malice, malpractice or the like. At worst, it was an accident, right? These agencies don't represent people in a civil dispute. So there's not a lot of wagons that will join in circling for you.

    As a business owner, I've had people who tried the I'm gonna SIT here until YOU satisfy me!!! approach. I can tell you that advice like that is pretty poor. I'm especially surprised a "DJ" would suggest this. Someone doesn't like your playlist so they plop their butt in your office/home until you change it to what they want? Hardly. Or was that just a joke that went over my head?

    Anyway, was I you, I'd take a deep breath, think things through, and then take a calm approach to it. How far are you willing to go? Maybe they'll split the cost or something if that's agreeable with you. I seriously doubt that you'll get full reimbursement without going to court, unless there's some facts here that haven't been stated.

    Good luck.

  • 17 years ago
    last modified: 11 years ago

    Is your state that has you sign a contract for work to be done, list the price and only allowed to go a % over the amount listed. Again, without paperwork, it is hard to make a good decision. What did you sign, and regardless of what others say, you can ask and the CC must accept a dispute of the charge. I did this and they had me fill out papers, notarize them and I did get some of my money back.
    Again, if the contractors refuse to repair/talk/discuss the problem, you have no choice but to go their supervisors/owners. Again, are they licensed and bonded people? One step at a time and good luck
    Don't forget to document all you talk to.

  • 17 years ago
    last modified: 11 years ago

    "...and after he left I realized he had somehow cracked my stone tub (for the washing machine)."

    The burden of proof is on you. By your own statement, you obviously did not stay in the basement the entire time the plumber was working, so finding a crack in the stone tub after he's gone and assigning blame to the plumber is pure speculation. Be prepared to go to court to prove your case. Have photographs from several different angles, as well as measurements. How far from the tub is the drain? How would the plumber have to have been positioned for the tub to be cracked in the spot where the crack is? Are there any chips or dings in the stone, or is it "just" a crack running through the stone? How can you be certain that the crack was not there before the plumber arrived? What other work has been done in that area before you had the plumber come to unplug the drain? Did you or any of your fiends/family members make any attempt to unclog the drain before you called the plumbing company? Is it possible that you or one of your friends/family members cracked the tub?

    You are placing blame on the plumber -- the burden of proof is on you.

Sponsored
AIS Renovations
Average rating: 4.5 out of 5 stars15 Reviews
Custom Craftsmanship & Construction Solutions in Franklin County, Ohio