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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31729
Experience:  16 years legal experience including consumer protection law.
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For Tina, I have a questions under Consumer Protection Law

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For Tina, I have a questions under Consumer Protection Law.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Tina replied 1 year ago.
Hello again. It looks like you were able to navigate to my profile page. Great!

Is this the question you would like me to address here?

Hi Tina,

I did find your answer helpful and have something to assist with.

I had a service company work on my boat. The job was for a set price in which there was some additional added. However, when it took a good two weeks longer than should have because of several mistakes they made. When I got the bill it includes all of the time they spent to fix their own mistakes (and then some). They also never finished as they at the end tried to say I'd have to pay them to correct a leak which was on a part they supplied.

They did mention that they'd like to "talk" about the bill but after doubling the original quote and the additional expenses and cost this has caused, I don't care to "talk" after such a bad experience. I thought about emailing this:


"This email is to state my total dissatisfaction with the services performed by COMPANY as well as the inability of COMPANY to complete the work to the boat.

The work performed did not conform to the standards of the trade and in fact, contained numerous defects in materials and/or workmanship. Many representations were false including but not limited to the duration of the work, expertise of the work, completion of the work, cost of the work (not sure if I should say this), parts that needed to be replaced, parts provided to be replaced, expenses incurred while COMPANY attempted to fix their own mistakes and damages (not sure if I should say this here), etc. I relied on many of these representations in deciding to have COMPANY service the boat.

COMPANY is supposed to be the expert, you gave me a quote, and you are contractually bound to perform the repairs pursuant to the quote which was not done. I had to have the job completed, I am still in the process of getting the job completed, and continue to suffer further issues and damages as result of the work continue to arise and/or are discovered due to the gross negligence of COMPANY.

I would like to resolve this amicably, but if you are not willing to accept payment in accordance with your quote which is more than reasonable considering the issues and damages I have and continue to suffer, I will be forced to file suit. I will be filing this claim not only as a breach of contract case, but also as deceptive trade practice action, which will entitle me not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages."


Do you think that is okay to do? Would you suggest adding anything else or taking parts out of the email?

Thanks!
Customer: replied 1 year ago.
Yes that is the question!
Expert:  Tina replied 1 year ago.
Wonderful, I am reviewing it now and will post a response to you here shortly. Thank you for your patience.
Expert:  Tina replied 1 year ago.
Hello again, Mike.

This communication looks good for the most part. With regard to this paragraph:

The work performed did not conform to the standards of the trade and in fact, contained numerous defects in materials and/or workmanship. Many representations were false including but not limited to the duration of the work, expertise of the work, completion of the work, cost of the work (not sure if I should say this), parts that needed to be replaced, parts provided to be replaced, expenses incurred while COMPANY attempted to fix their own mistakes and damages (not sure if I should say this here), etc. I relied on many of these representations in deciding to have COMPANY service the boat.

I would delete the portion referring to expenses incurred with company attempted to fix their own mistakes as this does not appear to be a misrepresentation but incompetence. I would include this phrase in the next paragraph where you refer to your damages.

Otherwise, it looks good and I would send it by certified mail so you have proof it was received. You could file a complaint with the BBB as well as disputes can often be resolved through that process.

I would also suggest that you may not owe even the amount of the estimate since they did not complete the job as agreed. Normally, they would be entitled to the agreed price less the amount you must pay someone else to complete the work (unless they did perform some additional work beyond that which you originally agreed).

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Satisfied Customers: 31729
Experience: 16 years legal experience including consumer protection law.
Tina and 8 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.
What is your thought on adding this to the end of the letter:

Statements made in this correspondence are made as offers to compromise and are therefore inadmissible in court pursuant to Maryland Rules of Evidence, Rule 5-408
Expert:  Tina replied 1 year ago.
Hello again, Mike. That is unnecessary since you do make an offer to resolve the matter in the body of the letter so an attorney would normally know it is not admissible, but I can't think of a good reason not to include it.

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