Tile store finally issues a refund

By NANCY PARADIS

© St. Petersburg Times, published July 19, 2000

In January, I went to Factory Direct to look at ceramic tile. I selected a tile at the Clearwater store and was told it was in stock at the St. Petersburg location. I drove to St. Petersburg on Jan. 28 to pick up the tile; however, the salesman from Clearwater had given me the wrong stock number, and it was not the correct color. I was told the correct tile was in stock in the Sarasota location and that it would take a week to get it to the Clearwater store. That was fine, but I did need the tile by the following Saturday to be installed. I put down a $20 deposit.

The following week, on Feb. 1, I called the Clearwater store to see if my tile had come in. The man to whom I spoke identified himself as the general manager, Angelo, and said that he knew for a fact that the tile I had ordered had still not arrived at the port in Miami, and when it did would have to go through customs, be shipped to Sarasota and from there to Clearwater. He apologized and offered to refund my deposit. He said it could take at least two weeks.

After waiting out the two weeks, I called the store in Sarasota. Chris answered the phone and said he was the person who handled the refunds. He promised to check on the status of mine. I did not hear from him, so on Feb. 28, I called and Chris said he'd put my refund in the mail "today." On March 8, 9, 10 and 13 I called and left messages for either Angelo or Chris. Neither returned my calls. On March 22, I got Chris, who said the first check had never been cut and he'd see to it right away. On March 27, he said the check had been cut and just needed to be signed. He promised to call me back within one hour.

I have still not heard from him. Now when I call the store and am asked to identify myself, Chris and Angelo are always in meetings or on the other line. Needless to say, my calls are never returned. I have spent more than my deposit on phone calls and faxes. I really want my $20 back. Judy Ammon

Response: We were glad to learn that you finally received your refund.

It's in the contract

On May 24, I canceled my service contract on home appliances with Service America. I had been a customer for 15 years and two months. During that period of time, I was fortunate enough not to need its services very often, probably no more than five to 10 times, so you can see I am not a frivolous user. Nor did I purchase a new contract in order to get items repaired, only to then cancel with the hope of getting my money back after the repairs were done. This is what Service America claimed people sometimes do

On May 29, a serviceman came to check our air conditioning system, which was not working properly. He replaced the Freon and told me I needed a new unit. I realized that he was correct and got an estimate for a new unit. I also received estimates from other dealers that were much lower. I made arrangements for a new unit to be installed by another company and canceled the contract with Service America.

Service America prorated the used portion of the contract and said an additional 10 percent would be deducted from any refund. This I accepted, but what got me angry was that I was now being charged for the service call made while my contract was in effect. If my contract was a new one, I could understand, but I had a contract for more than 15 years. Can you accomplish any more than I did in my not being charged for the service call? Sue Flato

Response: Bobbi Cachola, contract processing manager for Service America in Deerfield Beach, said that item 8 of your service contract refers to the company's cancellation policy. It states: "You may terminate your contract upon written notice. You will be entitled to a refund of 90 percent of the unearned portion of the contract, less any claims made or less the cost of repairs made on your behalf."

You had one claim during the contract period, namely the air conditioner service call on May 24. She said each service call is charged at a labor rate of $60 plus any used parts, not applicable in your case.

Refund coming

I ordered a roll-on hair remover from Cosmetic Laboratory in April. My check was cashed, but I have yet to receive the product. I would appreciate help getting either my order or my money back. Ethel Woodwort

Response: Ann Roberts, customer service representative for National TV Bargains, said your order was processed May 16. Since you never received it, a refund for $10.98 will be mailed to you within a week.

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, 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.

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