Get It In Writing

This case is based on a personal experience that I feel many people can learn from. As much as it was a bad experience for me, if you can learn from it and avoid this situation, then I have made a good thing out of a bad situation.

This situation started with an innocent popcorn fire/smoke incident in our microwave. As we were waiting to enjoy popcorn with a movie on a Thursday night, the house started to fill with smoke. We took steps to clear the smoke by opening windows and turning on fans.

Unfortunately, after a full day the smell of smoke was strong and we were getting headaches. I called my insurance broker for recommendations on how to proceed. I did not feel it would be something I wanted to claim with my insurance and effect my insurance costs. My insurance broker recommended a company like ServiceMaster who did this kind of work.

I contacted ServiceMaster in Newmarket on Friday afternoon by phone and explained what had happened and asked them what they could do and how much it would cost. They recommended a piece of equipment that they would put in for the weekend that would odorize and hopefully eliminate the smell of smoke. They would take the equipment out after the weekend and check back in a few days to see if the smell is gone. If this didn't work they could try a cleaning process. They would assess the microwave and possibly clean it with special cleaner. They told me it would $50.00 a day - for a total of $150.00. I agreed with the plan, the amount and told them to proceed. They said they would have the equipment over shortly. The delivery person ask me to sign for the equipment, which I did. I asked if someone would be back at the end of the weekend - Monday morning - to pick-up the equipment. I was told someone would call me.

Since I did not hear from them and needed to plan to be available for the pick up of the equipment, I called ServiceMaster on Monday, Tuesday and Wednesday unitil the equipment was finally picked up at approximately 4:30pm on Wednesday. A week passed as I waited for a follow up response and an assessment of the microwave.

As this business was very disorganized, I was concerned the billing would be wrong. I e-mailed a request to confirm our agreement of $150.00. They did not respond to my e-mail. I subsequently called the invoicing person to obtain a fax copy of the invoice which was for double the agreed amount. The invoice was for $300.00 plus taxes. They billed service charges of $150.00 which we did not discuss and I did not approve. I called to discuss this and the estimator stated he would have told me about the service charges. He subsequently sent me an e-mail to determine my position so he could determine how they "are going to proceed with collections." I believe this was a threat to take action against me if I did not pay this incorrect billing.

I knew I had been deceived when the general manager called me in response to my complaint with the ServiceMaster head office. The General Manager was very irate during the call and it became apparent to me that I had been deceived when he laughed at me and told me I should have read the agreement I signed - he suggested I was stupid and that I had authorized him to bill up to $1,000.00 for services as per the written agreement.

The ServiceMaster franchisor head office would not get involved in this situation. It now became my word against ServiceMaster and a misleading written agreement I signed. As I went back to examine the written agreement, I recognized it was not executed properly. I did not initial the terms for the use of their equipment. I was told to sign the bottom of the page for receipt of the equipment. I was mislead.

I paid the bill in full to mitigate any damages their collection actions may cause me. I now have to proceed with a complaint with the Better Business Bureau and possibly take action in Small Claims Court.

I believe that ServiceMaster takes advantage of consumers in a state of emergency, knowing consumers will not take the time to get several quotes and estimates in writing. They recognize that when consumers do not "get it in writing" that they are free to take advantage of the situation and increase their billings in excess of their verbal quotes and verbal agreements.

In summary, when you contract a company to provide services for you - make sure you get the agreement (quote) in writing. "Get it in writing."

For the record, subsequent to writing this case ServiceMaster headoffice did refund the disputed amount while failing to ackowledge the issue and assume responsibility for the business practice of failing to get it in writing.

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