Treated unfairly? Get an explanation

Treated unfairly? Get an explanation

Toronto Star - March 10, 2007 - By Ellen Roseman Toronto Star

Most people want help when they contact On Your Side. But some want an explanation of what went wrong and a promise it won't happen again.

Mark Fujita is in the latter camp. When a door-to-door seller of energy contracts tried to sign up his 15-year-old daughter, he hit the roof.

"In January, while we were out, a saleswoman from Superior Energy arrived, implied she was from a government agency and coerced my daughter into signing forms," he said.

"She also asked my daughter to go find our gas bills. Luckily, she had no idea where to find them."

Fujita said no when asked to reaffirm the contract. But he didn't get a sense the company would try to stop its agents from putting pressure on minors. I sent his complaint to Greg McCamus, president of Superior Energy Management in Mississauga, who promised to investigate.

"I assure you this is not the way we do business. We will take swift action with the agent involved," he said.

This week, McCamus called Fujita to say he had asked the firm doing Superior's door-to-door sales to terminate the agent in question.

Michael Pogor wanted help with the HP television set he bought last May for about $3,000. "A notice appeared on the screen saying a lamp needed to be replaced. The warranty on the bulb was only 90 days," he told me.

The cost of a replacement seemed steep, so Pogor asked me to find an explanation. "I found one for $349 (U.S.) at HP's U.S. website, but was told I couldn't buy it online," he said. "The Canadian price was $612. That's an exchange rate of more than 75 per cent."

HP Canada spokeswoman Angela Rea said the TV was never sold online in Canada, so the bulbs were not sold online either.

"We are now making the bulbs available at our Canadian website, so getting hold of one shouldn't be a problem moving forward," Rea said.

Pogor was happy to buy his replacement lamp at the U.S. price of $349, adjusted for the current exchange rate.

Laura McNutt wanted help with the ceramic cooking range she bought from Sears last year. She was getting explanations, but none that involved taking responsibility for what she felt was a manufacturer's defect.

"I witnessed the thermal failure," she told me.

"The front right burner was on, heating vegetables in a stainless steel pot, when there was a spontaneous crack seen and heard."

McNutt felt that a new ceramic top for the Kenmore stove should be covered under warranty.

But everyone she spoke to said the crack wasn't typical.

"I am shocked at the lack of accountability Sears accepts," she complained. "I was shuffled from one telephone voice to another, each with a slightly different perspective and opinion, each requiring me to repeat the same details over and over again."

She started an email campaign, writing to me and to about 20 department store officials. Her print offensive did the trick.

"Sears was very responsive once I clearly explained the issue," McNutt said. "The appliance was fixed within 48 hours and they diligently followed up. I was pleasantly surprised."

Peter Ebner wanted an explanation from Direct Energy about a rental water heater that had to be replaced because of its age.

He was told there would be no cost for a new unit. So, why did he end up with a bill of $347.75 for installation?

Joshua Orzech, a spokesman for Direct Energy (which acquired the rental water heater business from Enbridge Gas Distribution Inc.), explained what happened in this case.

"During a service call, our technician advised Mr. Ebner that his water heater had to be replaced as it did not comply with current safety codes," he said.

There's no charge for a new hot water heater, but there are fees for any venting work required. This is stated in Direct Energy's rental agreement.

Ebner agreed that he had been notified in advance of the $350 charge for venting work. But he was given conflicting information when he called the company.

"I was reassured that since it's a rental, there would be no charge for installation. Relying on that assurance, I proceeded."

Luckily, he also demanded a breakdown of the work done. That netted him a partial refund. Direct Energy's standard rate to install venting is $200, Orzech said. The technician didn't list what he did on the invoice.

"We have offered Mr. Ebner a credit of $118, plus GST, since we cannot provide him with a complete description of the work completed."

If you can't understand whether charges are justified - or why salespeople misbehave or how warranties fail to cover the parts you need - always ask for an explanation. You have the
right to know.

If you have an interesting consumer problem you would like investigated, please send details by email to onyourside@thestar.ca. We will get in touch with you only if we handle your complaint. You must agree to have your name used in the paper.