Public Mediation

My Claim vs. Sears Auto Ctr-Dispute-#1551548

M. G. vs. Sears (Headquarters)
3333 Beverly Rd - B6-258B, Hoffman Estates, Illinois, 60179-0002, United States
Amount Involved: $446.00
    • Claimant Seeks: View.
    • Claim #: 1551548
    • Amount Involved: 446.00
    • Filed On: Dec 16, 2012
    • Posted On: May 15, 2016
    • Complaint(s):
      • Contract / Agreement / Promise dispute
      • Problem with a product
      • Customer service runarounds
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Statement of Claim
Complaints Involved (4) - View
Claimant says:
"I BOUGHT 2 BATTERIES FROM THEM IN 2009. THEY WERE FOR MY OLDER RV AND NEVER PLACED IN THE VEHICLE. WHEN I HAD TO TAKE THE RV IN FOR SERVICING LAST YEAR THEY NEEDED TO CHECK OUT THE COACHES LIGHTS ETC..THAT REQUIRED THE AUXILLIARY BATTERIES TO FINALLY BE PLACED IN THE COACH. THE COACH WAS ALSO IN THERE FOR MANY ENGINE REPAIRS AND INSPECTION. MY MECHANIC IS LOCATED 1.5 HOURS AWAY. THEY TOLD ME THE BATTERIES WERE ONLY THROWING OUT 7 VOLTS EACH IF AT THAT. I WAS TOLD TO TAKE THEM BACK TO WHOEVER I GOT THEM FROM. SO MY NIECE AND I WENT BACK TO SEARS AND THEY CHARGED THEM ON THEIR BATTERY MACHINE CLAIMING THAT THE BATTERIES WERE OK. THEY APPARENTLY CHARGED THEM UP. I TOOK THEM BACK TO MY MECHANIC. WEEKS LATER WHEN HE WAS READY TO START ON THAT PART OF THE JOB AGAIN, HE SAID THAT THEY WERE STILL NOT ANY GOOD. HE THOUGHT I TOOK THEM BACK WHILE STILL UNDER WARRANTY AND HAD THEM REPLACED BUT I WAS CONFUSED AS TO WHAT TO DO BECAUSE SEARS KEPT SAYING THET THEY WERE OK BUT MY MECHANIC WAS TELLING ME NO THEY WEREN'T. I ASK THE REPRESENTATIVE AT SEARS, WHILE THE BATTERIES WERE STILL IN WARRANTY TO TALK TO MY MECHANIC. HE REFUSED AT THAT TIME. FROM THERE I TOOK THEM BACK AGAIN TO MY MECHANIC AND AGAIN MY MECHANIC SAID THAT THE CELLS ARE BAD AND THAT THEY HAVE NO CHARGE AND PROBABLY NEVER HAD FOR QUITE SOMETIME.

Sears Auto Ctr-STORE 2633
CEO Sears
435 Exton Square mall
Exton, PA, 19335"
...
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Additional Communication Between Claimant and Sears (Headquarters) Hide
  • Jan 18, 2016, () added:

  • December 30, 2015

    Re: Claim #1551548-208836 – Mary Lisa Gara

    To Whom It May Concern:

    We have completed the investigation of Ms. Gara’s complaint regarding her allegation that the DieHard Platinum Marine batteries that she had were defective when she was told otherwise, and her requests for replacements were denied while the batteries were still under warranty.

    We also received Ms. Gara’s complaint via the Illinois Attorney General’s office in November of 2012. At that time we explained that our office contacted Steven Cascio, Auto Center Manager from our Exton location, for additional information and assistance. Mr. Cascio informed our office that Sears’ Auto Center records indicate that Ms. Gara purchased two DieHard Platinum Marine Batteries on May 7, 2009. The manufacturer provided a 36-month full replacement warranty. We did not have any records for the alleged previous visits but we did have a record when Ms. Gara returned her out-of-warranty batteries on September 17, 2012, over four months after the expiration of the warranty. Both batteries were tested and were found to be defective. Ms. Gara advised us that the batteries had not been used in the past three years which is irrelevant under the warranty. Not to mention the batteries did not seem to bear this out as both appeared to have excessive wear. Regardless, as a gesture of good faith, Ms. Gara was offered a 20% discount on two replacement batteries. She declined this offer and attempted to escalate her complaint higher as she was not satisfied.

    After going through our Customer Support group, the auto center increased their offer to 50% strictly as a goodwill gesture since Ms. Gara was so adamant that she had somehow been taken advantage of by the auto center. Unfortunately, she declined even this very substantial and more than reasonable offer and then subsequently filed a complaint with your offices that was eventually forwarded to the Illinois Attorney General’s office. We supported the above findings and denied any requests for compensation. We would note that now, over three years later, those offers would clearly no longer be on the table. Ms. Gara then proceeded to file suit against us and we were more than willing to support our position in court when she canceled the proceedings. At this time, since an investigation and decision were rendered over 3 years ago and there has been nothing in the interim that has caused us to change our position, we have reclosed our file.

    We apologize to Ms. Gara and appreciate the opportunity to address this matter. Please feel free to contact me if you have any further questions or concerns.

    Sincerely,
    Dana Shoulders
    Team Manager, Regulatory Complaints
    Direct Line: 512-248-7740
    Email: Dana.Shoulders@searshc.com

  • May 02, 2016, () added:

  • Our position remains unchanged and our file remains closed. No further resolutions or responses will be provided via this People Claim complaint as we have already addressed the issue and if Ms. Gara wants to pursue this further via other means, than that is her prerogative.

  • May 02, 2016, Claiming party added:

  • I didn't need your permission to take it to court again. I have already started it. Your representatives opened this sore up again and I am glad they did. See you in "Supreme" court.

  • May 02, 2016, Claiming party added:

  • I didn't need your permission to take it to court again. I have already started it. Your representatives opened this sore up again and I am glad they did. See you in "Supreme" court.

  • May 03, 2016, () added:

  • Ms. Gara's new comments have been noted and the case remains closed.

  • May 14, 2016, Claiming party added:

  • Sears says that I was offered 50% back. of what I paid. That is untrue and even if it were true would you as a customer accept only 1/2 of what you paid for batteries that were already dead when sold?Sears is supposed to guarantee their batteries and they let me down. My parents trusted them back in the day. I don't know what happened to them but I won't quit till I receive my refund back from them. They lied to me and to the public. God only knows how many other consumers they played like this.

  • May 16, 2016, Claiming party added:

  • Sears has always replaced their batteries for free if they were defective. I had a professional mechanic verify and still would today that they were defective. I have spoken to many people about this case. "All" of them said the same thing. They agree that Sears has failed in their promises to their customers and like me do not understand what happened to the company. I had to buy 2 more batteries from my service center. Not fair, not cool. Refund my money or I will go back to the "court of common pleas".

  • May 17, 2016, () added:

  • We have informed Ms. Gara again and again that a refund is not an option available to her and yet she continues to repost the same request. We will not be continuing to respond as we have already made our position clear.

  • May 17, 2016, Claiming party added:

  • Isn't so easy for a company to just take a customer and kick them to the curb when it comes to a refund. Sears feels they have the upper hand because they took advantage of me and got away with it. My sister died the same day as the hearing . Sears was notified and showed NO compassion whatsoever. And Sears lawyers did not even show up that day at the court of common Pleas for the hearing either. I would have won my 1000.00 which was missing work cost court cost and the batteries. I also called the courts but it was too late. The hearing had passed.
    They stalled my warranty to expire it on purpose when I was running back and forth from Downingtown to Souderton each time Sears said the batteries were ok. I had to bring them to Souderton where my rv was and leave. Only to find out that I had to go right back in a couple of days to retrieve the batteries because My service guy said they were only pushing 7 volts and would not charge up.
    If they think that I am backing down I am not.They have violated my consumer rights by selling me 2 bad batteries. a refund is the only option.

  • Apr 24, 2018, Claiming party added:

  • After after all this time I finally had a chance to read Sears last post. I am appalled that they would have thought that I had canceled the hearing on December 5th of that year. The truth is my sister passed away December 4th the day before. I was in such Agony and hurt and pain from the loss that I didn't even think about the next day or many days after that. It is now April of 2018 and I still have not gotten over that. To be told by their post gone public that I cancelled the hearing is a lie. I did call the court weeks later and I did explain it to them so it is on file about my sisters death.. Ask Sears to produce the paperwork of that hearing and it will show why I did not show up that day. I couldn't pick up the phone till weeks later to tell them why. But the courtroom paperwork had already been printed out. Sears lawyer or representation never entered the courtroom from what I was told by the court administrator. If there was still time I would take them back to that courtroom. But I think that the statute of limitations is up. Which is sad for me because I lost out more then what they owed me and that was my sister dying. Don't worry Sears. Your company has fallen and my mom and dad used to say what comes around goes around. I'm sure you have your fair share of suffering and still are.

What Claimant Wants Hide
1. Refund: 2 AUXILLIARY BATTERIES + COURT COST 97.00 Jan 04, 2013 $446.00
Cash total : $446.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the Terms

    ""

This claim will remain posted until resolved.

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Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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