Action: Pest control refund bugs him

I need help getting a refund. On Sept. 21, I sent a $149 check to Terminix for its On Demand Pest Control for my Florida residence and asked that the introductory information be mailed to the Florida address. After I arrived here on Sept. 30, I called Terminix's 800 number three times during October to inquire about the introductory material. The answer was always the same, "Sorry for the delay; we will give your number to the local manager, and he will call you." This never happened. On Nov. 10, the introductory information arrived, forwarded from my home in Delaware.

On Nov. 14, I returned the agreement unsigned with a note to please refund my money as I was no longer interested. On Nov. 27, I called the 800 number again. Same answer, same results: zero.

On Nov. 29, I called the local Terminix office and asked to speak to the manager. I explained the situation to him, and he turned the phone over to a lady named Alicia. After a short conversation, she said she would take care of it and I should get my refund shortly. I still do not have my refund. Please help. James Epps

Response: Thanks for letting us know that you got your refund.

Merchandise arrives

I ordered and paid for a pair of suede leather moccasins from J.D. Marvel Products in September. My check was cashed Oct. 3 but I have not received my moccasins. I wrote a letter at the beginning of November but have heard nothing from J.D. Marvel.

Thank you for any help you may be able to give me. Sally Ghoth

Response: We were glad to get word that your moccasins have finally arrived.

Change of provider

Three and a half years ago we signed up with an Internet service provider called CyberGate. We paid for each year in advance.

This past April, CyberGate decided to sell its dialup service to Earthlink. All of CyberGate's dialup service customers were transferred to Earthlink. We waited for the change to take place, as asked in the enclosed copy of the e-mailed letter we received from CyberGate.

We had so many problems trying to download and hook up to Earthlink that we decided to cancel our subscription on May 2 and shop around. We were paid up through Sept. 14. The information was given to Earthlink, which transmitted it to CyberGate. I was told to call CyberGate in about a week for verification. I did and was told a check would be in the mail within eight to 12 weeks.

In late July, I decided to find out what the scoop was on our refund. Well, that's when the nightmare started. Earthlink said it was CyberGate's responsibility. I called CyberGate and was told that no more refunds were being given following the completion of the sale and that I'd have to deal with Earthlink.

When I got to this point, my husband got your address from the St. Petersburg Times, and here I am asking for help. I would like the money. I'm also wondering how many other people are having the same problem.

The strange part is that after roaming around looking for another Internet service provider, we signed up with Earthlink, but on a completely different account. We will never pay an Internet service provider in advance again and will go month to month instead. We surely would appreciate any help you can give us. Nancy Sheerer

Response: Oh my, this has taken a long time, 41/2 months in fact, but we finally have an answer for you. According to Earthlink, payment was never received from CyberGate, which went out of business. Earthlink cannot refund money it never received. It has, however, offered to provide a couple of months' free service. We are sending you information about whom to call to set this up.

Get proof of mailing

I am writing to complain that I have not received a refund for a grill kit I bought Jan. 31 and returned Sept. 17. I returned the kit with the carbon copy of the bill and mailed it from the Port Richey Post Office. I didn't insure it, because I've never lost items sent this way.

I wrote to the company on Nov. 11, but received no reply about the refund of $19.95. Theophila Gruessing

Response: Unfortunately, if you did not obtain a receipt or proof of mailing you have no way to prove the company ever received the returned item. We always recommend that readers pay the little extra to get a merchandise return receipt when sending items back, so they don't have the problem you're experiencing. We're sorry we couldn't help.

- Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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