Legal advice..we Got Swindled!

Updated on February 09, 2011
M.W. asks from Fremont, CA
12 answers

Last May we had "Sparkle Steamers" from San Jose,come clean our carpet.I saw their company advertised in a coupon type mailer we receive regularly in our mailbox.The technician was curteous,thorough and professional.He offered us a "deal' of 5 visits for 475.00 because people regularly have their carpets cleaned.We purchased the plan.I recently called for my second cleaning and the man avoided my calls.I finally reached him by using an alternate phone number he would not recognize.He asked me if I had a "cleaning plan" and I said yes.He set up an appt. for last Friday at 4:30.I vacuumed my carpets and moved around my furniture to maximize the cleaning process.I called him friday at 4:50 asking if he was coming.He stated he was in traffic and en route.At 5:30 he did not pick up my phone calls.

I had my husband call from his own cell number and the man picked up.THe man said he was stuck in traffic,gave his location and said he was hurrying.Well, he never showed! Now we are wondering what legal action we should take. If any of you mamas have legal expertise or could ask someone close to you regarding our situation I would really appreciate your help.We thought we could trust this company because it was in a mailer that regularly comes to our home...but for the life of me I cannot remember which mailer it came in.We contacted Val Pak and it is not one of their business referrals. Soooo,we are grasping at any straw that can lead us towards reconciling this matter. Thank you to all you mamas that offer advice!

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K.P.

answers from New York on

If you paid using a check, see if the bank can provide you with a copy of the returned check so you at least have some proof that you paid for it. Same thing with the credit card (if applicable). If you paid cash- oops!

I would say this, attorneys are not cheap so make sure you know how much it's going to "cost" to get your reimbursement before you sign-on. If it's going to cost you more than the reimbursement, then you may want to chalk this one up to "lessons learned" and report the person to the BBB.

7 moms found this helpful

A.C.

answers from Salt Lake City on

If you used a credit card, simply call the issuing bank and do a "chargeback". let them know that you paid for goods/services that were not provided. You will receive a "temporary credit" of the charged amount back on your card or in your account and the bank then makes the merchant provide proof that the charge was authorized and the services were received. If he does not answer them within the specified time amount (usually 30 days) or his response is lacking, then he will be out the $ and you will get to keep that credit. That is what I would try first.

7 moms found this helpful
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D.P.

answers from Pittsburgh on

Did you pay, by chance, with a credit card? If so, contact your card's customer service and they will go after them.

3 moms found this helpful
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D.P.

answers from Raleigh on

Oh boy- I think you did get ripped off. I just did a BBB.org search for you based on the information you provided, and nothing. This leads me to believe that this person does not have a business license. I would try and reverse the charge, and report them to the attorney general in your state. Also, you can write up something on ripoffreport.com. I always go there to check something out, too, before dropping some money on it.
Honestly, I would take that 475.00 and buy you a Bissell Steam Cleaner. Mine works just as well as a service. Hope you get your money back!!

2 moms found this helpful
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D.W.

answers from Gainesville on

If you paid via credit card go with the suggestion to have the cc company dispute it for you. If you paid by check see about taking him to small claims court. Or what is the limit for theft. Basically that's what he's done if he took your money and didn't deliver. Contact the police and see what they tell you.

2 moms found this helpful
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J.M.

answers from Boston on

Not exactly legal advice, but advice.

First, call and leave a message, calmly stating a) who you are, b) what you paid, c) that you wouldn't want to have to sue to get your money back. They don't have to know that you are bluffing. Tell them they have 48 hours to call you back and reschedule.

If they don't return your call within 48 hours, call and leave a message telling them that you are reporting them to the BBB. There's an online form that's actually really easy to do. Often things can just be resolved through the BBB.

If it doesn't work, sorry, you're probably out the money. But at least then they have a record as being a poor business with the BBB, which might help someone else (a small comfort, I know).

Good luck.

2 moms found this helpful

L.F.

answers from Dallas on

definitely contact the better business bureau
good luck!

1 mom found this helpful
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L.R.

answers from Wausau on

well to be honest anything under $1000 isn't worth the hassel or fret, by the time you are done with the time put into it and legal fees you are no better off then where you were...I would call this a lesson learned. also he if he cleaned yoru house even once for that amnt of money I'd be happy I just spent 600 on our house for just one cleaning.

1 mom found this helpful
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A.H.

answers from Washington DC on

Take it to small claims court. You may get a judgement, I doubt you will get any money back.

1 mom found this helpful
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C.S.

answers from Las Vegas on

The mailer is just an advertiser who doesn't advertise based on how ethical a company is. I get calls to advertise with the local Jewish community and I am not Jewish.

I suggest to set up one more appointment, call the main office if there is one and then if you don't get a response, small claims court. Keep records of occurrences.

1 mom found this helpful
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M.W.

answers from St. Cloud on

I would call a lawyer. Usually you can ask them a few questions over the phone and get some free advice.

WRITE DOWN EVERYTHING! DATES, TIMES, WHO YOU SPOKE TOO, ETC! DOCUMENT!

I do like Jane's advice.

Do you have their address? Send them a letter. (Make them sign for it!)

Tell them that you have spoken to a lawyer. You have paid for xyz service on xyz date. Tell them you are ready to take the legal action necessary to get your money back for incomplete service.

1 mom found this helpful

C.W.

answers from Las Vegas on

Can you track the number down to an address or is it a cell phone? I'd see if there was a free legal clinic around you or free consultation for a lawyer. That's messed up. Did you pay it all up front? I have a pest control contract for a year (I pay every other month) but if they had asked me to pay up front I would've been suspicious, unless upfront is common for carpet cleaners (I have no idea). Do you have the coupon you got the number from (for an address)?

OH UPDATE: You should seriously see about the BBB. Direct Tv was charging us for movie channels we never had and didn't give permission for and I wrote BBB after DTV refused to reimburse us and guess what? BBB made them reimburse us.

1 mom found this helpful
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