My Claim vs. Sears Home Improvemnt

False Statements in Letter from Sears

1. “This letter serves as a response to your request that Sears take ownership for the rat infestation in your home.”

Not just take ownership of rat infection, that is just the by product of the terrible install where they put holes in the sides of the home. I also wanted them to take responsibility for the “amateur” and “terrible” design of the ducts. Inefficient, to say the least, and poorly poorly executed. See Report from Moore Heating and Air and from home inspection.

2. “I have reviewed the videos that you sent and the pictures that our contractor took during the recent inspection. Neither of these provides evidence that supports SHIP is the sole reason for the rat infestation in your home.”

Sear’s contractor sent to evaluate) quote: “I told my boss that it was the installers fault for the issues you were having.” He also goes on to say those holes from Sears installers were all he could find for where the rats could have entered.

3. “Unfortunately, your claim that this home has had no rodent problem since it was built in 1988 cannot be validated. Having pest control done is not something you have to permit or disclose during a sale so there are no records kept.”

I have a Letter from Brian Durnian who was the realtor for both myself and the previous owner of the home. He states: “In May 2012, it was disclosed to us by the previous owner that she had a raccoon in her attic and she had her entire roof replaced as well as insolation in the attic in 2011. She didn’t have an issue with rats at all and would have disclosed that.”
Not interesting at all that there is now feces all over new insolation and under it and the only chewed duct work was from new ducts not old ones.

4. “We have nothing to show that you have done anything to eradicate the rodents living in the home.”

First of all, I was never told I had to prove I eradicated rodents to Sears, they should be proving they eradicated them to us since they caused the problem. It’s also a false statement as I have my Orkin Pest Control contract from 11/12/14 with multiple visits and multiple visits from our local handy man Ian to secure Sears holes, and one contractor from 1/7/15 recommended by the installers who went out of business.

5. We are in major disagreement as to how to remedy this situation. Sears has now offered to “patch duct work, remove it form the ground, and reattach it back in place at no extra charge once the rat feces are cleaned up.”

Patching duct work is again just a bandage fix on a major issue. The ducts are torn up from rats on the inside. There is proof of that with feces in all the vent bottoms of the home with duct insolation. The vents have been covered with plastic wrap since the summer inspection so the children are safe and not breathing in toxicity from rats and urine. A simple patch is not going to even remotely get our breathing air safe, we have to replace entire duct system.
Reattaching back in place will not help with the terrible design which makes airflow uneven in the home. Different sizes are needed in different places and dampers are a must. Ducts are needing to be reattach in many placed because fabric tape was used instead of medal clams. Also, the duct work is too big for the crawl space, it hits the ground in places because it is the wrong size in places. Last, Boots that were installed that attach duct at the vent are literally falling out of the flooring and you can look down into the crawl space from our living room. It’s not as if Sears did a great install and accidentally left holes, its part of a whole, Sears’ contractors caused 15,000 worth of damage including needed full replacement, not a patch job. A patch job is not what we paid them to do in the first place.
Rat feces cleaned up first, this is not a necessary step for repair of ducts. I have quotes from at least 8 duct repair companies all saying you do not need to clean feces before a repair. All companies are willing to do this job most agree its just part of the job. Not one has written back to say they cannot fix with feces on the ground. I have spent 16k for a new HVAC system and countless bills trying to clean up what sears did and now they want me to pay to clean up their rat feces mess. Absolutely not, unacceptable.
Sears insists on a feces clean up because they claim “none of their contractors are allowed in a home if there is feces on the ground.” This is to protect them and it is company policy to not enter the home and to stop all work…meaning we never had rat feces on the ground or in the attic before they did the job.

Their offer is what is owed to me at the very very least not a gift “in the spirt of customer service.” The system needs to be redesigned and replaced and then cleaned in the attic and crawlspace and all bills I put towards to fix their mess. Not to mention I would be a fool to let Sears step foot in my home for any project let alone a repair. They have proven they cannot even install let alone repair. The customer service is atrocious. I have spent all summer calling and calling for the complete run around or just to get hung up on. The only reason Corporate called me is because I filled out for social media to see a complaint on what Sears did to us. Then I still go nowhere after proving on many levels that they are incompetent. I have no doubt that there is going to be issues with their repair job so I choose to go with a 3 Star Diamond Certified company who prints on their invoices “100% right…or 100% free.” Also who's installers are allowed to talk to me unlike sears installers are told not to talk with me. I need a company who will respond to my calls and emails and will help if there is an issue, this is not Sears so I will not allow them to step near my home ever again.

6. “We have requested copies of receipts for all the alleged expenses. We have still not received those.”

Emails were sent twice from me within 24 hours of them asking. They claim they didn't receive them. Mrs. Powell asked for them on 10/25/2016 in the morning never giving me a deadline before they posted and sent this report of their findings. All interactions with Mrs. Powell have moved very slow, but I went as fast I could to find it all and sent her one email the same day of what I could find immediately and then a second email the very next morning on 10/26/2016 with what was missing in the first email. This letter from Sears is dated 10/25/2016 so they gave me less than just a couple moments to send invoices so they could claim I never sent them. See copy of invoices sent to Mrs. Powell. They were sent twice actually. One the same day and one the next morning.

7. “On behalf of SHIP, please know that we value you as a customer and appreciate your patronage. If you have any questions or concerns, please contact me at 407-551-5566 or via email at rogelia.powell@searshomepro.com."

This may be the biggest lie of it all. They do not care about their customers. Mrs. Powell in now impossible to get ahold of unless to repeat this lie of a letter to me.


Last note, all my communication with Mrs. Powell from corporate has been as a teacher telling the student. I have had to teach her over the phone about duct systems and dampers. I’ve explained how airflow needs to work to be efficient. I have been in constant explanation mode to her about the technicality of ducts and HVAC systems yet she is the one with the power to give an opinion about if they did the job correct or caused the rats. This situation is completely out of hand everyone needs to know what they are getting into when they allow a company like Sears into their home.

Add yOctober 25, 2016



Mr. and Mrs. Zetts
1487 Fairway Vista CT
Calistoga, CA 94515

Our File No: 15705900
Via: 1st Class US Postage

Dear Mr. & Mrs. Zetts,

Thank you for contacting Sears Home Improvement Products, Inc. (SHIP) regarding your 2013 HVAC installation. This letter serves as a response to your request that Sears take ownership for the rat infestation in your home. You are also requesting that Sears pay for the cost of remediation of this matter. You are alleging that this issue was caused by the HVAC unit installation completed on July 11, 2013. I have reviewed the videos that you sent and the pictures that our contractor took during the recent inspection. Neither of these provides evidence that supports SHIP is the sole reason for the rat infestation in your home.

Unfortunately, your claim that this home has had no rodent problem since it was built in 1988 cannot be validated. Having pest control done is not something you have to permit or disclose during a sale so there are no records kept.

SHIP will not be offering to pay the $3000 -$7000 for cleanup and damage in the attic. In addition, your request for reimbursement of the other expenses you have incurred due to the rat infestation is also being denied. We have nothing to show that you have done anything to eradicate the rodents living in the home.

While we deny that the installation is the sole possible reason for the rat infestation, as a one-time offer in the spirit of customer service, SHIP is offering to patch the ductwork, remove it from the ground, and reattach it back in place at no charge to you once the rat feces are cleaned up. This offer is good for 30 days from the date of this letter. You would need to call our service department at 800-222-5030.

We had requested copies of receipts for all the alleged expenses. We have still not received those. We have received your videos. Please feel free to have your litigator contact us. Our address is at the bottom of this page. At this time we will make no offer other than the repair of the ductwork as referenced previously. At this time I am closing my file. On behalf of SHIP, please know that we value you as a customer and appreciate your patronage. If you have any questions or concerns, please contact me at 407-551-5566 or via email at rogelia.powell@searshomepro.com.

Sincerely,



Rogelia Powell
SHIP/HI Regulatory Complaint Specialist

Dearest Sears,

Rats aside, the design is a failure. It is inefficient and leaves the home cold on one side and warm in the other. Its a terrible design and terrible install. I don't see sears addressing this issue at all in any form.

The second 1/2 is the rats which were caused by the holes put in the home. Our next door neighbor lived next to Mrs. June her entire time here and helped her as she got older, never a rat. I watched the rats enter the home through the hole Sears put on the side of the house. There is chew evidence at that hole site as well. Sears is not correct when they say we have not "eradicated" the rodent problem. I have proof of Orkin service I sent and we live in the home and we know there are not rats after we fixed your damage. Deny it all you wish if that helps you sleep at night.

I have now sent invoices twice of Orkin costs and all other bills. Please let me know if you received these.

The Sears team is a disappointment on exponential levels. "In the spirit of customer service" Sears wants to fix some issues. Real customer service, however, the job would have been done properly and a paying customer shouldn't have to fight so hard when they are so wronged.

In line with Sears and its undeniable inexperience with Ducts, you asked I clean first. I spoke with a duct professional, Stout's Heating and AC, they are scheduled to clean ducts on the 9th, however, YOU CANNOT CLEAN DUCTS UNTIL HOLES ARE FIXED. So, as I said, they are on the books to clean on 9th of November, it is their earliest opening. It is very cold at night here with the kids, send your "professionals" to fix first, you have till November 8th then "case closed."

On behalf of a hard working family, please know that I do not value your service or appreciate how your American Company screws over it's American families. If you have any questions or concerns, please try not to contact me unless to fix the ducts before the 8th. It was not a pleasure doing business with a company who doesn't give a rats ass.

Hoping for clean heat this winter,

Sincerely,
The Zetts Family.
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The number provided by Sears for the Service Department is yet again a circus of transfers. No one can help and no one knows what or who to talk to and Mrs. Powell is not returning emails or phone calls. Sears wanted my invoices that I sent, I have proof they were sent twice from my email. They gave me barely enough notice before they posted their response to get information for invoices. They want me to prove I eradicated rats yet they should be the ones who need to prove to us the rats are eradicated since the rats came through their hole they put in the side of my home. I watched them come through that hole when I set up my baby monitor that we renamed the "rat cam."
Yet another run around with sears customer service, even the corporate approval for work gets me nowhere.
We are such fools for not doing our homework when hiring Sears and paying them 16K for a NIGHTMARE!!!!