Public Mediation

My Claim vs. SEARS ROEBUCK & CO.-Dispute-#9283016

W. S. vs. Sears (Headquarters)
3333 Beverly Rd - B6-258B, Hoffman Estates, Illinois, 60179-0002, United States
Amount Involved: $3,100.00
    • Status: In Negotiation
      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.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 9283016
    • Amount Involved: 3,100.00
    • Filed On: Sep 10, 2012
    • Posted On: Sep 21, 2012
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Problem with a product
View less
Rate or Review on Sears (Headqu...
Become an online mediator
  • Review this case.
  • Propose your solution.
  • Win the reward (1,000)
Statement of Claim
Complaints Involved (6) - View
Claimant says:
"We purchased a house water cooler approximately 18 years ago. When the included warranty ran out we started an extended warranty that is still in effect. We had a new roof put on the house, Monday, July 30. The roofer discovered that the cooler was leaking water into the house and damaging the ceiling. Sears' procedure is for you to contact Customer Service for non-emergency service and request a transfer to Customer Relations for emergencies. I called Customer Service, explained that we were experiencing structural damage and asked for a transfer to Customer Relations (those authorized to take immediate action). The Customer Service representative entered an appointment for eight days later but explained that the date would change because of the emergency and continuing house damage. The Customer Relations representative told me that it did not matter that we had an emergency with continuing damage and that we would not see a technician for eight days. Because we could not continue to have damage, and because the temperature was in the high 90's and low 100's we purchased another cooler, obviously not from Sears. Apparently, something caused the Customer Relations person to report the situation TWO days later, after we had a new cooler installed. A Sears subcontractor called to have the old cooler checked. I explained all of the foregoing and said that we were owed for the remainder of the warranty, compensation for the additional cost of the new cooler, and that after 35 years of buying only Sears products, we would never again do so. I told her to pass that on to Sears, which she said she would do. Later that afternoon, Mr. Steve Clinton (303-248-4291) of Sears spoke to my wife. He said that the situation should have been reported to him on Monday, the day it was was discovered and that he would speak to more senior Sears management. HE NEVER CALLED BACK. I left several messages asking for him to return my calls so we could work something out, but NOTHING! Sears is in violation of the warranty and owes us at least the remaining value of the warranty plus the value of a new cooler equivalent to what they would replace the old one with. Please take action immediately!"
...
Reply Have a similar problem?
Additional Communication Between Claimant and Sears (Headquarters) Hide
  • Sep 10, 2012, () added:

  • Dear Mr. Springer,
    Sears is looking forward to assisting with resolution of your issue. You can email us at smadvisor@searshc.com at your convenience with your screen name (William Springer), contact information, preferably a telephone number and we will contact you to further discuss your concerns so that we may attempt to offer you a solution.
    Thank you,
    Dianne D.
    Social Media Moderator
    Sears Social Media Support

  • Jan 18, 2016, () added:

  • December 30, 2015

    Re: Claim #9283016-198857 – William Springer

    To Whom It May Concern:

    We have completed the investigation of Mr. Springer’s complaint regarding the leak he discovered coming from his evaporative cooler and his decision to contract a company to replace it, rather than repair it, when he felt Sears could not provide service in a timely manner.

    We also received Mr. Springer’s complaint via the Illinois Attorney General’s office in 2012. At that time we explained that in the summer of 2012, a Sears Home Services technician was dispatched to Mr. Springer’s home to repair his evaporative cooler. From May to August 2012, our technicians were dispatched to Mr. Springer’s home on four separate occasions. The technicians replaced the evaporative pad, but no other parts were ever ordered and/or used. Due to scheduling issues, when Sears Home Services received a service request on July 30, 2012, stating that the unit was not operating as expected, a service call was scheduled for August 8, 2012. When our technician contacted Mr. Springer on the morning of his service call, the technician was informed that our services were no longer needed as the unit had been replaced. Mr. Springer is now asking Sears to reimburse him for the cost of a new evaporative cooler that he purchased from another organization. Mr. Springer also noted in his complaint to the Attorney General’s office that Sears was in violation of the Master Protection Agreement (MPA) he purchased to cover his cooler. We referred Mr. Springer to a copy of his MPA, section 7, entitled Replacement and No Lemon Guarantee. That clause indicates:

    “REPLACEMENT AND NO LEMON GUARANTEE. If we determine that a covered product is unrepairable due to unavailability of functional parts or technical information, you are entitled, at your option, to a comparable product replacement from a Sears or Sears affiliated store, or we will issue a credit for the comparable products value, determined by us, or we will cancel this MPA and refund the Total Price.”

    As noted, Sears’ Home Services records indicate that our technicians did not repair or replace the required number of functional parts during their the repairs of Mr. Springer’s evaporative cooler; therefore, per the terms and conditions of the MPA, it did not meet the criteria for replacement. Since Sears did not authorize the replacement of Mr. Springer’s evaporative cooler, we were unable to honor Mr. Springer’s request for reimbursement.

    As for a refund on any remaining coverage under the MPA was concerned, if there had still been any significant coverage left, then Mr. Springer could have canceled this and received a prorated refund. This was not the case though since the contract expired within a week of Mr. Springer’s purchase of a new unit. We do not provide prorated refunds for any coverage less than a month, but even if we did it would only have amounted to a few dollars. With that said, since we have explained why we were unable to honor Mr. Springer’s requested resolution in 2012 and our decision remains unchanged, we have closed our file.

    We apologize to Mr. Springer 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

  • Feb 09, 2017, Claiming party added:

  • This letter is incorrect. Roofers found the cooler leaking into the house when they were redoing the roof. The cooler had rusted out and was causing insulation and ceiling damage. We contacted the local Sears and asked the manager of the appropriate manager if he wanted us to keep the old cooler for their inspection. He said we should just have the roofers take it with them. I repeatedly tried to reach the manage via the phone number he gave us. No one ever answered the phone; it always went immediately to voice mail. I left messages but the calls were never returned. We did not "elect" to purchase a new cooler. We had a hole in our roof and bad weather. Since Sears failed to respond to any call, we had to do something to avoid further damage. There were never any technicians dispatched nor was there an apology. Whoever wrote the above is lying. You lost a steady customer of 35 years.

  • Feb 09, 2017, Claiming party added:

  • Sears should be "highly encouraged" to pay us the cost of a comparable model at today's prices.

What Claimant Wants Hide
1. Compensation: Warranty and excess cost of new cooler Sep 28, 2012 $3,000.00
2. Refund: damage Sep 28, 2012 $100.00
3. Other – Copy claim to regulators Sep 28, 2012 $14.95
4. Other – Pay for claim posting cost Sep 28, 2012 $7.95
Cash total : $3,122.90
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from Sears (Headquarters). This claim will remain posted until resolved
See how PeopleClaim Works
Get fast access to our Resolver community, for...
  • help with a PeopleClaim or any other complaint
  • assistance with a purchase or contract
  • expert advice
Other PeopleClaim resolvers
Want to see more? Search our directory of resolvers.
Get Free alerts when claims post in your area.
Get Alert
Cases seeking help
Pick a case. Help resolve it.
Need help resolving a dispute? Learn more.
Help resolve claims against businesses and people near you:
View more claims

Public Mediation

The shortest path from your problem to its resolution.
1
Peer to Peer

Engage the other party and use powerful tools to negotiate the best resolution.

Free
If Unresolved
2
Community Resolution

Post your case online and get help from legal professionals, industry experts, consumers & advocates competing to find the best resolution to your claim.

$14.99 + optional reward for best resolution
Full refund if not resolved to your satisfaction
If Unresolved
3
Private Mediation

Lets you mediate your case privately with the help of our professional mediators and industry experts.

Free to claimant. Mediator fees negotiable.
If Unresolved
4
Engage a Professional

Find the best community-reviewed professionals near you to resolve your issue in private online mediation or traditional court/mediation.

Resolution

A wonderful serenity has taken possession of my entire soul, like these sweet mornings of spring which I enjoy with my whole heart.

I am (not) alone, and I feel the charm of existence in this spot, which was created for the bliss of souls like mine...~ Goethe

Get a public verdict — create an online trial $50 public trial / $50 reward for successful resolution
Important: All information contained herein is the opinion of the posting parties, who are solely responsible for its content. PeopleClaim offers both free and paid services to help consumers, patients, employee, tenants, and others resolve disputes without lawyers or courts, through negotiated online settlement and public disclosure of wrongdoing or unfair treatment.
Claims against parties operating under bankruptcy protection, by law must be processed solely through the appropriate US bankruptcy court. Any claims against this party currently posted on PeopleClaim are available for purposes of public business review only and are not an attempt to collect money or recover assets subject to protections under the United States Bankruptcy Code.
*IMPORTANT: PeopleClaim is a public dispute resolution system, independent of the BBB, small claims court, or other dispute resolution services. PeopleClaim is not a law firm and does not provide legal services, opinions, or advice. PeopleClaim facilitates peer-to-peer negotiation and resolution and crowdsourced input on issues of fairness to help resolve complaints. Users should contact professional legal counsel on any matters of law or regulation regarding their claims. PeopleClaim does not review or evaluate the merits of claims submitted through its site, and users are solely responsible for all content filed in their claims.
© reserved by PeopleClaim