Is this fraud? What should I do

**Broken Arrow** · 11-09-2009, 12:02 PM

I'm not a lawyer. I don't even fantasize playing one on TV. But...

I think in civil court, you have to sue for a particular amount. Usually, that's the amount in property damages that is in dispute.

So, if the entire furnace is broken, it may be worth the effort. If not, and the issue is only over a filter.... I don't think it will be worth the time and potential money over it.

In the end, I would either try someone else, or better yet, see if you can't DIY it. If it's air filters for the furnace, it shouldn't be difficult to find the parts you need from Lowe's or Home Depot after you get the measurements?

**creditcardfree** · 11-09-2009, 12:27 PM

At the very least you are owed a refund of $40 since you did not receive a $40 filter. Call a different service company for future service.

**irmanator** · 11-09-2009, 12:28 PM

I know I am just so P****d that they charged me for a 40 filter. I mean i can be understanding if they said we ran short and gotta do this for a temp fix and will bring you a new one of the right size next week . I would have said ok. I feel they were hoping i wouldn't notice and make them come out.

but they said nothing....... I found out by checking to see if it had dog hair on it yet. The last filter had more hair than the dog before i called to have them to come in.

I can change the filter my self and I think they have one at lowes. The owner said the lowes one is not the same but it has got to be better than the two they left me with.

**disneysteve** · 11-09-2009, 12:29 PM

I think any legal action would require that you show damages from the shoddy work. If nothing happened, what is there to sue for?

I would simply call and demand the proper filter and let them know that you will no longer be using them for service due to this incident.

**irmanator** · 11-09-2009, 12:33 PM

Nothing happened because I didn't trust them after the roof incident and I wanted to see how fast the dog hair built up in it. It had only been a week after they changed it.

**cschin4** · 11-09-2009, 12:47 PM

You should definately talk to the owner and explain what happened and that you are dissatisfied. I would also consider contacting the BBB and filing a complaint. They should not have charged you for a $40 filter if they did not give you a $40 filter. If anything they should have just installed a temporary filter and not charged you until the other filter came in or only charged you for the temp filter.

**irmanator** · 11-09-2009, 12:53 PM

I did and the owner said that there was a note on the bill stateing that they were supposed to bring me the right one later but didn't want to leave me without one.... I think that is bull as he immediatly had this peice of info even though i called his cell and he was on the road.

**Joan.of.the.Arch** · 11-09-2009, 12:54 PM

Sounds dishonest to me. I'd be bothered, especially on top of their having left your roof open to the elements, for goodness sakes! Did they say they'd bring the appropriate filter right over? Even if there is none in town, they could have it overnight shipped.

On my furnace I cannot use the smallest particle-size filters. I really want to use them, but they constrict airflow too much for our furnace/a.c and might burn out the motor (I think).

Shocking about the guy who was going to go up on the roof while drunk.

**disneysteve** · 11-09-2009, 12:59 PM

Originally posted by Joan.of.the.Arch View Post

Sounds dishonest to me. I'd be bothered, especially on top of their having left your roof open to the elements, for goodness sakes!

Why did you hire these guys to do more work for you after leaving a hole in your roof?

**irmanator** · 11-09-2009, 01:02 PM

Well stupidly i did..... but only to come and maintain the furnace because it is under warrenty and thought i had to but like i said i didn't really trust them thats one of the reasons i checked the furnace filter.

**creditcardfree** · 11-09-2009, 01:45 PM

I would guess that the warranty is with the manufactuer...so, if needed the warranty could be claimed with an other provider that services that brand. Of course, check to make sure!

**cschin4** · 11-09-2009, 08:50 PM

I did and the owner said that there was a note on the bill stateing that they were supposed to bring me the right one later but didn't want to leave me without one.

And, that in itself is not unreasonable to do. I have had this happen as well. However, they should have told this to your husband if he was home. As long as the filters were functional and they were planning to come back, I don't think they did anything wrong. I think you are reacting by saying they weren't going to come back because you didn't like their other job. In which case, you should probably find someone else to service your furnace if you weren't happy with their work.
You may want to have the furnace inspected by a third party for damage if you think that the improper filters caused a problem. If no problem, then that is that. If they find a problem, then you should expect the original furnace people to fix it for you if they caused the problem.

**bjl584** · 11-10-2009, 06:06 AM

Being that it's only $40, I would let it go. But I would tell that company to take a hike. Those filters can be found at any hardware store in the country for under $10 a piece. You can just change them yourself in the future.

**Broken Arrow** · 11-10-2009, 06:27 AM

I've never tried to file a complaint with the BBB before, but it might be worth looking into.

LINK

Is this fraud? What should I do