Dear Consumer Action:
In December, I qualified to purchase a $50 gas card for $35 as part of a store's rewards program. I paid for the card but never received it.
The store gave me a toll-free number to call, but I have been unable to get anything more than a recorded message. My calls aren't returned. - C.R., Little Egg Harbor Township
The store has sent you a $50 gift card to make up for your inconvenience and is getting the paperwork in motion to get the gas card to you as well, a spokesperson said.
We found no evidence online or through other letters to the column that this was a widespread problem, so it appears your paperwork was probably just mishandled or lost at the fulfillment house.
Bad luck?
Dear Consumer Action:
We had a cracked mirror and called a glass company to replace it last December. We paid a $425 deposit on an $855 job.
The first attempt was made Dec. 15, but it wasn't to our satisfaction. The company has tried several times to install the replacement, but each time the size has been wrong. It also has not been able to match the trim properly.
Now the company doesn't want to try any more but wants to keep our $425. - J.R., Margate
A company representative said you signed a job completion form, stating it was done to your satisfaction, and gave him a check to pay in full ... but then called later saying you were not satisfied and stopped payment on the check.
He said his crew removed the old mirror and did other work, but you have been unhappy in part because of the trim issue. He said he should not be held responsible for not perfectly matching trim that is several decades old. He feels $425 is fair payment for the work his company has performed, as his crew has been to your home several times. He would not consider refunding any of the deposit or attempting to finish the job.
It sounds like this is a situation suited for Small Claims Court.
In your favor, you have a contract in which the company promises to do the whole job for $855. The company has elected to stop trying halfway through, and it does seem unfair to, in effect, charge you $425 to remove the old mirror.
In the company's favor, you signed a document saying you were happy with the job, then changed your mind and stopped payment on the final payment. The company will undoubtedly argue you were unreasonable in your demands.
It is going to take a judge to settle this one.
Consumer Action will respond to each properly submitted letter about a problem or question, either in this column or by letter or phone. Letters must include copies - not originals - of all relevant documentation and a name, address and phone number at which you can be reached. Send letters to: Consumer Action, The Press, 11 Devins Lane, Pleasantville, NJ 08232.
