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Public Mediation
Jason Brown vs. Dearing Hvac, 1028 E. Old Andrew Johnson Hwy., Talbott,Tn 37877
- 25% of recovery offered for best resolution
Incomplete Job
J. B.
vs.
Dearing Hvac
1028 E Old Andrew Johnson Hwy Apt 3, Talbott, Tennessee, 37877-3139, United States
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Customer or Client
- vs
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Dearing Hvac
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John Dearing
1028 E Old Andrew Johnson Hwy Apt 3, Talbott, Tennessee, 37877-3139, United States
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Are you this party?
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- Claimant Seeks:
View.
- Claim #:
5892597
- Amount Involved:
5,650.00
- Filed On:
Jan 12, 2024
- Posted On:
Jan 23, 2024
- Complaint(s):
- "I just feel ripped off."
- Overcharge or billing error
- Problem with a product
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- Review this case.
- Propose your solution.
- Win the reward
(1,000)
Statement of Claim
"I Just Feel Ripped Off."
Overcharge Or Billing Error
- Overcharged
- Lack of communication
Problem With A Service
- Service wasn't completed as promised
Bad Business Practices
- Poor customer service
- Failure to respond to complaint
Parties' Opinions:
Claimant says:
- 10-24-2023 — Paid upfront cost
- 12-13-2023 — Hired Ogle's Heating to finish work
Additional Communication Between Claimant and
Dearing Hvac
Hide
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Jan 27, 2024, Claiming party added:
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As stated: the indoor unit was not tested upon Dearing leaving the residence and never worked correctly, as is noted in the multiple correspondence between myself and Dearing. According to the next company that came to fix the work, he stated that the outdoor unit was fried due to not being flushed properly. He stated he believed that the outdoor unit would have been completely fine and worked properly had the work been done the right way the first time. When we contacted Dearing to come out originally he is the one that stated our indoor unit needed to be replaced and the outdoor unit looked wonderful. That is when we made the decision to upgrade the indoor unit. After 6 hours of work Dearing and Company left. They did not do any kind of testing on the unit and 3 hours later I returned home and realized the unit was not working at all. I have never signed any paperwork personally, I also have no documentation stating what exactly was done . All I have is a printed paper that I did not personally sign . I do not have a formal receipt. I also do have the saved very rude very unprofessional messages from Dearing claiming that we should "find someone else" . If he had completed and tested the unit before leaving the residence he would have seen that there was an issue and been able to remedy the issue right away or guided us on how to do it so we did not have to go over a week without a working unit and spend another $4000. So I am sticking with the original amount and rejecting his explanation.
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Jan 27, 2024, Dearing HVAC (responding party) added:
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Jason Brown's outside unit was tested and running fine when the job was completed, I can assure you I did not damage any unit. This claim is untruthful and is an attempt to be dishonest. His attempt is to not pay the balance for work which was fully tested and working good. In my 47 years of installing heat pumps and the thousands of jobs I have installed, why would someone claim that I fried their unit? I do not do business that way and I never will. I want to do what is right for every customer and their circumstances but some people will always try to find a way to get out of paying what they owe no matter how much you try to help them.
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Jan 27, 2024, Claiming party added:
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This is all false information. For one, the unit never worked properly as portrayed by multiple messages back and forth. For two, there were 6 people in the house at the time of service that can verify that Dearing installed the unit and left. Also there is camera footage from the security camera on property showing he never once walked to the thermostat to turn on and test the unit. I would have had no issue paying the remainder of the balance had the work been completed.. I would have even been agreeing to pay had Dearing made an effort to figure out and assess why the unit did not work and letting us know what had to be done. As stated in a text message Dearings response " it's the outdoor unit , I am not responsible for that, feel free to find someone else" That is NOT the proper way to handle any kind of business interaction and due to the now accusations being made on top of everything else we have no choice but to take this further. I would have been more then willing to work out a deal and come up with a solution but this whole correspondence and lack of taking any kind of responsibility and the whole attitude we have been given through all of this has forced me to take further action in this matter. This will go public along with us hiring a lawyer to get this settled with all the proof we have. I have used Dearing for years and have referred him to multiple people for him to avoid taking responsibility of his actions and turn the blame around on me. That is not acceptable
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Claimant agrees to resolve this matter under the following proposed terms of settlement.
- Status:
Seeking public comment/suggestions
This claim has posted for public comment and negotiation. It will remain posted
until resolved to the claimant's satisfaction.
Suggest a resolution to help these parties reach
a settlement.
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Dearing Hvac
is asked to agree and settle or make a good-faith counteroffer, offer a rebuttal,
or request additional information.
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1. Compensation: aggravation
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Feb 27, 2024
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$850.00
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2. Recovery of Losses: Finish job
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Feb 27, 2024
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$4,800.00
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3. Other – Copy claim to regulators
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Feb 27, 2024
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$14.99
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4. Other – Pay for claim posting cost
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Feb 27, 2024
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$14.99
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Status:
Seeking public comment/suggestions
This claim has posted for public comment and negotiation. It will remain posted
until resolved to the claimant's satisfaction.
Suggest a resolution to help these parties reach
a settlement.
Congratulations, and thanks for submitting your suggestion. Pending approval we will award your account 5 free RHU crypto coins.
Note: only actionable resolution suggestions count for the free RHU; comments are welcome but don’t qualify for the free offer.
Great! We'll notify claimant and Dearing Hvac of your feedback.
Do you agree with the claimant’s demands?
Would you like to suggest a better resolution?
*In the event this company is operating under bankruptcy protection, see notice
at the bottom of this page.
Response from
Dearing Hvac
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Respondent's Counteroffer
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Dearing HVAC to claimant
- Status:
Rejected
Respondent has rejected claimant's terms. This claim will remain posted until mutually
acceptable terms are agreed to.
The claimant's settlement terms were rejected with the following explanation:
- I disagree with the explanation / grounds provided
"Jason Brown called me and wanted a new Inside 4 ton Aspen Mobile Home Air Handler Furnace with 15 Kw Heat and a 4 Ton A Coil. This quote did not include an outside unit. He already has an outside unit and the quote was for the inside furnace and A coil only. He mentioned he did not enough money and asked if he could pay $3000.00 down and make payments on the rest. the total job cost was $3850.00. I agreed to finance the balance of $850.00 with 10% interest for 6 months with payments being $155.83 per month with the first month payment due on November 24th 2023. Jason Brown defaulted on his agreement to pay the payments that were due. Jason's existing outside unit started giving him problems to which were not covered under our agreement. I explained my labor warranty only covered the new inside installation. The new air handler and a coil are operating correctly. I asked Jason if he had emergency heat. he replied by text message and said No we cant afford to run it. Jason's Outside Unit was not in our agreement and I am not responsible for any warranty work or labor warranty on his existing outside unit. Jason Brown has defaulted on his agreement to pay the remaining balance and has not made any attempt to pay anything on the remaining balance of $935.00. Jason Brown is being dishonest if he claims hired another company to finish the job because I finished the job. Now he owes me the remaining balance for the job I completed. If his outside unit malfunctioned, I am not responsible for that. As it still stands, Jason Brown still owes me the remaining Balance of $ 935.00. Payment is due in full as of December 24th 2023 according to his signature on the agreement."
This claim will remain posted until resolved.
Congratulations, and thanks for submitting your suggestion. Pending approval we will award your account 5 free RHU crypto coins.
Note: only actionable resolution suggestions count for the free RHU; comments are welcome but don’t qualify for the free offer.
Great! We'll notify claimant and Dearing Hvac of your feedback.
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Would you like to suggest a better resolution?
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Thank You. Your comment will be forwarded to the concerned parties.
You paid a total of $8,650 for this job, or $4,800?
In other words, did Dearing very significantly underbid this job, or did it just cost more to finish it out?
If you paid $1,800 to the new contractor to correct/amplify work already done, then it seems as if Dearing moderately underbid or was a little bit incompetent--and it would be reasonable for Dearing to just forget the $850 and you to accept that the job was underbid, and that just happens sometimes.
If you paid a total of $8,650 for the job, that would seem to indicate not only that the job was very significantly underbid but also that the work/HVAC unit were not usable in any way by the new contractor.
Great! We'll notify claimant and Dearing... of your feedback.
Is this a fair resolution?
Would you like to suggest a better resolution?
Jason Brown () 10 months ago:
Awaiting response from Dearing...
Dearing replaced the indoor portion of the unit . After 6 hours he never checked that it was working and left. We called him back the next day and he said "looks good" and left again. We paid him $3000 out of the $3850 . Less then a week later we contacted him again and he said "if you need to call someone else I can't come right now" this is less than a week after he was supposed to complete this job. We called another company and they came out and looked and said our outdoor portion of the unit that was working with no issues before Dearing came was now fried and he stated that the unit was not flushed properly after the inside unit was installed. This then caused the outdoor unit to become completely unuseable . At which time we had to take another loan out to get the outdoor unit fixed.. this costs us another $4000 and would not have been an issue if the job has been done right the first time.
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