Public Mediation

Wepco Servives, INC / Mr. Appliance-Dispute-#8283243

F. M. vs. Patrick Pomeroy
PO BOX 21605, Concord, California, 94521, United States
Amount Involved: $2,717.66
Complaint(s): Problem with a service
    • 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.
    • View response from: Patrick Pomeroy
    • Claimant Seeks: View.
    • Claim #: 8283243
    • Amount Involved: 2,717.66
    • Filed On: Dec 11, 2012
    • Posted On: Dec 22, 2012
    • Complaint(s):
      • Problem with a service
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"Approximately 3 months ago we contacted Frigidare Customer Service regarding the repair of inside upper door broken glass on the inside of the top Oven Model # FEB398CES-B. We were directed to WEPCO SERVICES INC, Mr Appliance in Concord, CA (925) 429-5336 at PO BOX 21605 Concord, CA 94521. We scheduled an appointment and a Mr. Patrick Pomeroy arrived. We were told that we would need upper oven hinges in order to complete the repair. We ordered the hinges and they arrived. When Mr. Mr Pomeroy returned to repair the upper oven inside glass he broke the upper oven outside glass. He and I both searched extensively for the parts but they have been discontinued. We are now left with a broken unsightly upper oven outside door. We have requested that since he broke the oven that he replace the oven. In an attempt to resolve this matter in a civil manner, I spoke with Mr. Pomeroy directly on the phone yesterday evening. He attempted to explain that he has disclosed to my wife Sherry that the outer glass might break while repairing the inner glass. My wife does not remember any such disclosure or discussion.I told him he would need to replace the oven he broke. He told me no. The call ended with Mr Pomeroy swearing at me. Model # FEB398CES-B is no longer being sold. A comparable oven replacement price is Frigidaire Gallery 30-in Convection Double Electric Wall Oven (Stainless Steel)
Item #: 184958 | Model #: FGET3065KF is $2,499.00plus tax. We are requesting that he replace the oven he broke."
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Additional Communication Between Claimant and Patrick Pomeroy Hide
  • Dec 20, 2012, Claiming party added:

  • Mr. Appliance knows that the customer in question is the wife of Ferdy Massimino. Her name is Sherry Snow who resides at 12971 Hawkins Dr., San Ramon, CA 94583. The work order is Invoice # 8970 and Ticket # 7905.

  • Dec 20, 2012, Claiming party added:

  • Mr. Appliance knows that the customer in question is the wife of Ferdy Massimino. Her name is Sherry Snow (925) 890-2295 who resides at 12971 Hawkins Dr., San Ramon, CA 94583. The work order is Invoice # 8970 and Ticket # 7905.

  • Dec 22, 2012, Patrick Pomeroy (responding party) added:

  • Thank you for the updated information. Our records show that Ms. Sherry Snow is in our data base and yes we would like to resolve this matter with Ms.Snow. Please have Ms. Snow write to our address listed on the Invoice with her exact recollection of all the conversation she had with Mr. Pomeroy from the fisrt vist and subsequent visits. We can only deal with Ms. Snow as She and Mr. Pomeroy are the only two who have had conversation as to how handle this particular repair and the inherent risks that were disclosed prior to work commencing. Thank you in advance for your responce we look forward to an honest and equitable resolution.

  • Dec 23, 2012, Claiming party added:

  • Approximately 3 months ago we contacted Frigidare Customer Service regarding the repair of inside upper door broken glass on the inside of the top Oven Model # FEB398CES-B. We were directed to WEPCO SERVICES INC, Mr Appliance in Concord, CA (925) 429-5336 at PO BOX 21605 Concord, CA 94521. We schedu led an appointment and a Mr. Patrick Pomeroy arrived. We were told that we would need upper oven hinges in order to complete the repair. We ordered the hinges and they arrived. When Mr. Mr Pomeroy returned to repair the upper oven inside glass he broke the upper oven outside glass. He and I both searched extensively for the parts but they have been discontinued. We are now left with a broken unsightly upper oven outside door. We have requested that since he broke the oven that he replace the oven. In an attempt to resolve this matter in a civil manner, I spoke with Mr. Pomeroy directly on the phone yesterday evening. He attempted to explain that he has disclosed to my wife Sherry that the outer glass might break while repairing the inner glass. My wife does not remember any such disclosure or discussion.I told him he would need to replace the oven he broke. He told me no. The call ended with Mr Pomeroy swearing at me. Model # FEB398CES-B is no longer being sold. A comparable oven replacement price is Frigidaire Gallery 30-in Convection Double Electric Wall Oven (Stainless Steel) Item #: 184958 | Model #: FGET3065KF is $2,499.00plus tax. We are requesting that he replace the oven he broke.

    From the Desk of Sherry Snow:
    To whom it may concern:
    On the day October 5, 2012 that Mr Pomeroy came to repair the oven he was not able to get the door off in order to replace the broken inside glass. He charged me that day 261.80. He told me that he would have to contact the manufacturer to get instructions on how to remove the door. I then received a call from his assistant Tina who said it would cost approximately $300.00 more dollars to order new hinges and the labor to put them in but that we could order the hinges ourselves to save money. I gave my husband (Ferdy Massimino) Tina’s phone number and he contacted her and got the information to order the hinges. The hinges arrived and we set up another appointment with Mr. Pomeroy for November 19 2012 between 1 and 5 pm. At approximately 4:30 he called me and said he would be there shortly. I was standing in line at the AT&T store with my 18 year old son when he called. I left my son in line and rushed home to let him in. I explained to Mr. Pomeroy that my son was in line and I needed to return to the store to help him get his phone and I left him there to repair the oven. When I returned to my home he had replaced the inner glass and the hinges but the outer glass had shattered while doing that repair. He never disclosed or said that there was any risk involved. He did say that he would split the cost of the glass with me and that he thought the glass would cost about $50.00 and so I would pay about $25.00. He said he would not charge me for the labor to put it in.
    The next day I received a call from Tina at Mr. Appliance asking for the dimensions for the outer oven and I measured the oven door and called her back with the information.
    Tina called me again on November 30th saying they were still trying to find the glass parts and if they couldn’t find it they would call me with the next step.
    On December 7th Tina called me again saying that the part is discontinued and wanted to know how much we paid for the hinges because if they couldn’t find the part they were going to have to refund me all the money.
    On December 10th Tina called me again saying that they were unable to find the part and that Mr. Pomeroy would be stopping by the next day to give me a full refund of the money that I had paid to him. I have saved all of these messages on my cell phone.
    When I told my husband ( Ferdy Massimino ) about this news, he called Mr. Apliance immediately to speak with Mr Pomeroy. There was no answer and he left a message. Mr. Pomeroy called him back later that evening to discuss the situation. They each explained their point of view and my husband said that the call ended with Mr. Pomeroy using a swear word.
    Sincerely:
    Sherry Snow

  • Jan 31, 2013, Patrick Pomeroy (responding party) added:

  • Ms. Sherry Snow called Wepco Services Office and left a message. She requested a refund for the amount that she had paid to date. The request was put in writing and sent to our address. Customer Snow was sent a full refund for $320.21 processed and cleared on 1/22/2013.
    FYI,Ms. Snow was informed/warned that the outcome was questionable, prior to hinges being ordered due to the fact that the old broken hinge may not come out due to extreme tension. It was Customer Snows decision to advance the repair. We simply honored her request.

  • Jan 31, 2013, Claiming party added:

  • To be clear: There was never any disclosure to me about any risk with attempting this repair.

    I did request a refund for the money we spent because Wepco Services was not going to replace the oven they damagged.

    Sherry Snow

What Claimant Wants Hide
1. Recovery of Losses: replace oven that was damaged Jan 04, 2019 $2,717.66
2. Other – Copy claim to regulators Jan 04, 2019 $14.99
3. Other – Pay for claim posting cost Jan 04, 2019 $7.99
4. Other – Physical delivery charges Jan 04, 2019 $2.99
Cash total : $2,743.63
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I do not know this party or incident

    "We have no record of a Mr. Massimino in our data base or any record of work authorization with his signature. He may need to have the represented party contact us in writing so we can follow up with the appropriate customer. Thank you for contacting Wepco Services, Inc."

This claim will remain posted until resolved.

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  • Comment: by Jennifer Sheehy — Online mediator
    • On: 12-26-2012
    View more
  • In this situation, since everyone involved already appears to be communicating or at least attempting to investigate and communicate, hopefully the parties are discussing replacing the oven or a possible reimbursement. Resolving this issue at this point will most likely be more cost effective and a shorter timeframe than other possible remedies that the claimant could undertake.
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