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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110547
Experience:  Attorney experienced in commercial litigation.
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I have been fighting this for almost a year. I am a senior

Customer Question

I have been fighting this for almost a year. I am a senior citizen. There are 5 players besides me.
1. Lowes who I ordered an electric air handler (electric furnace) from who contracted
2. R&R Climate Control who were not licensed to do work in my city Rockford IL (I didn't know) who installed a unit too large in my house so it does not operate properly and I can't have air conditioning properly installed AND they committed fraud by doing the work but had
3. Latino Heating and Cooling take out the permit and showed up to have the City inspector sign off on the work.
4. City Inspector who signed off on the permit who told me yes they committed fraud but I should try an work something out.
5. Rockford Heating and Air who is reputable and I want to have take out the old unit and install the proper size unit.
I have made at least 10 calls to R&R, 15 calls to Lowes, 5 calls to Latino, 3 to the City Inspector.
My replacement warranty is up Next Month and they are all jacking me around.
As a last ditch I told those who committed fraud I wanted $ directly to me and I wouldn't report them to the City (in that they would lose their license)
I need guidance. I asked for more than the cost of the original unit to include the cost of the replacement unit, labor and my time and stress over this past year. Now they want it in writing and I don't like putting anything in writing since I am not an attorney.
What do I do? I called attorneys around here and nobody will return my call. Guess not enough money involved.
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to report them to the City and to the IL Attorney General Consumer Protection Unit and the Better Business Bureau as well. In addition you need to go to the local senior center and check with them as most have local attorneys who assist seniors and get them the legal representation that they need because you will need to sue the company if they refuse to settle with you upon your demand. So, if they refuse to settle with you, then your recourse is to file the complaints and also you need to get a local consumer protection attorney or an attorney through the local senior center and sue the contractor who installed the improper unit.
Customer: replied 2 months ago.
I have reported them to the City, like I said. The City inspector says I should work it out. He likes Latino Heating and wants to see this worked out.I called and spoke to the Attorney General Consumer Protection Unit a few month back and they only send them a letter which takes 9 weeks to process telling them I have a complaint. They do nothing after that.BBB is a scam now and businesses just pay them more and they get the complaint removed (been there done that).Complaining does not solve the problem. I have a heating system that is too large for the home. The replacement warranty is up in a month. Lowes is doing nothing, R&R doesn't care they ripped me off,.The senior citizen group in Winnebago County refers all senior fraud complaints to the Attorney General's Office, which like I said does nothing but write a letter to the company and it takes 9 weeks to even get it to them.My replacement warrantee is up next month. They have been purposely jacking me around waiting for that. I need the unit replaced.Any other suggestions?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
As I said, aside from the city, the Better Business Bureau (it is not a scam as you claim and we have had many customers here get resolution through them) and the IL Attorney General Consumer Protection Unit need to be contacted and most times they can resolve these issues. If you do not want to pursue the BBB and AG or they cannot resolve the issues for you, then you will need to sue them for breach of contract and negligence in installing an improper unit in the house. You can get a local consumer protection attorney from the same sites used by other attorneys, or and you have to take the company to court to get your justice.
Customer: replied 2 months ago.
BBB can't do anything about getting me a new unit. It actually is a scam now. I have had dealings with them when complaining about a roofer and a horrible job. It has changed from when it was an advocate.Just so you know the Attorney General's office only writes a letter. It does nothing to get me a new unit. All they do is write a letter saying I have filed a complaint. I have talked to them twice and I know what they will do and not do. Advocating is no longer one of them.It is not the job of BBB and the AG to resolve issues. They don't do anything. It is just a mark against the company that doesn't care anyway.Being a senior on a fixed income it will be difficult finding an attorney that will take this at a discounted hourly rate.Can consumer issues be brought before small claims court?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
So, your final recourse based on everything you are saying is you have to sue them. You can sue in small claims court up to $10,000 without an attorney, so if you do want to take them to court yourself, you have grounds to do so, you will need to bring in an expert to testify that the unit is improper and then you can seek money damages from them for this negligence, breach of contract and breach of warranty.

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