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For customer, awning replacement up in smoke

I had contracted with PermaGuard Industries in Largo to reslope my roof. While its staff worked on the $13,000 upgrade, they flicked their cigarettes over the side of the house and onto our new patio awning, burning holes through the material. We discovered this when it rained Feb. 11, the day after PermaGuard completed the roof, and noticed our awning leaking through the burn holes. I called the PermaGuard office and an inspector was sent out to verify the damage. He took a number of cigarette butts that were on the ground around the awning, as well as one that had melted into it.

The inspector assured me PermaGuard would surely replace our awning. The awning contractor provided an estimate to PermaGuard for $225 to install a new awning, using the original frame. I called and spoke to the inspector on several occasions and each time he assured me the awning would be replaced. He always had a new reason for the delay and in spite of repeated promises to call me, he never did so. Now I can't even get anyone to answer the phone at PermaGuard. I hope the company is not out of business, or there goes my lifetime warranty. Sharon Kachinski

Response: Unfortunately, the following letter from Pascal Delaquil Jr., former president of PermaGuard Industries in Largo, confirms your suspicions: "On March 21, 2003, PermaGuard Industries Inc. liquidated its business through a sale of all its assets. It is no longer a going concern."

You can always check whether your homeowners policy would cover the awning repair. However, given the amount of the estimate, you might be best off to absorb the cost yourself.

On Nov. 15, I purchased two American Airlines tickets to London, departing Tampa on Feb. 3, through a travel agency in Tampa for $979.68. On Jan. 30, my wife was admitted to the hospital for six days with a subsequent three-week travel restriction. The tickets were canceled due to medical reasons Feb. 3. The following day, I applied for a refund from the airlines.

On March 3, I called the airlines to find out the status of my request. I was informed a check had been issued Feb. 18 to Travac Tours and Charters, a consolidator, in the amount of $831.40.

By letter dated April 12, American Airlines sent copies of the front and back of the cashed check. The credit card company would not get involved when I called March 5, because it had been more than 60 days since the tickets were charged to my account. I called again April 21 requesting a waiver in policy, but was turned down.

I have run out of possibilities to resolve this matter. Can you help? Warren Hathaway

Response: Travac USA filed for bankruptcy in the U.S. Bankruptcy Court, Southern District of New York, on Feb. 6. Unfortunately, once a company has filed for bankruptcy, there is nothing Action can do to intercede. However, you can file a claim with the bankruptcy court in question, although there is no guarantee you will recover your money. We are sending you a copy of a claim form provided by the attorney handling the bankruptcy for Travac. Alternatively, you can pick up a claim form at an office supply store. The case number is 03-10705-reg. Once you've filled out the form, send it to: U.S. Bankruptcy Court, Southern District of New York, One Bowling Green, New York, NY 10004-1408; (212) 668-2870.

I purchased an APC battery backup Nov. 29 from Circuit City that was advertised with a $20 rebate if purchased between Nov. 28 and 30. I mailed all the requested data and somewhere around Jan. 21, I received notice that the rebate would not be honored because the product was not purchased within the required dates. On Jan. 22, I resubmitted all the data to the resubmissions department clearly indicating the purchase date and the required date requirements. There has been no response. I would appreciate any help you can provide regarding this overdue rebate. Arline Carrasco

Response: Kristen Levy, director of media relations for American Power Conversion in Rhode Island, said your first submission was received Jan. 8 and rejected because the purchase date was illegible. Your resubmission arrived March 22 and the rebate for $20 was mailed two weeks ago. You should have received and even cashed it by now.

-- If you have a question for Action, or your 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, (800) 333-7505, ext. 8171, to leave a recorded request for Action. Names will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.