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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110587
Experience:  Attorney experienced in commercial litigation.
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Hi, I not long ago applied for financing to have a new air

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Hi, I not long ago applied for financing to have a new air conditioning unit and heating system installed in my condo apartment by a well known company located in the South Suburbs of the Chicago land area. I was to put 1400.00 down because that's what I could afford to do having other pressing issues and household debts to pay. The installers came to my home with the new air conditioning unit and heating system and began to take out all of my old equipment (that was still working, but old and I desired new systems). The installer soon discovered that neither of the new systems that he had would fit in the old spaces where he had already yanked out the air conditioning unit (as he put it) and also cut the wires and took apart my old heating system. When he called the company, they told him to cut the brick without my and the associations knowledge since it was not allowed to do. He did not do it, Thank God. After I chewed out the salesman and the company about their practices, the installer was told to put the old units back until they could figure something out. My heating system did not heat properly after being re-installed and of course, the air conditioner was unusable after yanking it out and cutting the wires. After contacting them via a letter from an attorney, they only wanted to give me $500.00. I only expected to pay $1,400 down and yet, ended up having to pay out an additional amount of $2,965.00 that was allotted for other household things to get new heating and air conditioning from somewhere else after nine days of being very cold in the room where the air conditioning space was just left open. The company never contacted me back until they received a letter from the attorney. They claim that the main office wasn't informed of the problem. I had to pay $4,365.00 instead of just $1,400 to get things right again. The additional $2,965 was not in my budget to be used for the project. This is why I went through financing with their company. I could not get financing with another company and as a result I have been very inconvenienced. I know there are probably no contingency attorneys that would take a case like this, but is there something I can do???
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The removal of your unit before making measurements for the new unit was negligent and I am sure the other installer who installed the proper system told you that and would testify to that in court. Under IL law, you can bring a suit in small claims court for anything up to $10,000, and you need no attorney to go to small claims court.

You could likely get assistance with preparation from court though the local legal aid office, especially if you tell them you do not expect them to actually represent you.

You have grounds for a negligence case against them to seek the damages for the 10 days you were inconvenienced by their negligence plus the additional $3000 you had to pay over the price they gave you. The total inconvenience damages would generally be about equal to the additional cost you incurred over the original contract, but you should sue for the whole $10,000 and negotiate down to the $6000 ($3000 extra costs plus $3000 inconvenience) with them.

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