The following is a letter to Servicemagic"s Vice President of Operations. Our company name has been replaced with "The Painter". CMI = Credit Mediators Inc. A collection agency that has acted as an instrument of intimidation on behalf of Servicemagic.
Matt Zurcher,
As you know on or about 5/21 The Painter was advised of a customer complaint by Harry Patkowski of Servicemagic. A course of action that would satisfy the customer complaint and exceed the terms of the Performance Pledge was recommended by Harry. The Painter presented a written offer to redo the work to the new customer imposed specification within 24hrs of the first customer contact and provided a copy of this offer to Servicemagic. Although the new specification was in direct conflict with the original agreement signed by the customer The Painter was prepared to make this accommodation. This offer represents a clear demonstration of our dedication to an exceptional level of customer service. After the initial contact to inform The Painter of the complaint Servicemagic acted to exclude The Painter from the resolution process. This flawed resolution process was punctuated by a lack of inquiry, careless disregard for the Servicemagic terms and conditions, and ignorance of accepted industry standards and practices. Servicemagic then issued a Service Guarantee pay out in direct violation of Servicemagic's own written terms and conditions. Servicemagic's failure to require the customer to abide by the terms and conditions (You must participate and use good faith efforts to resolve problems through the ServiceMagic resolution process.) and the slanderous imposition of an unsupportable claim of Poor Workmanship constitutes a clear breach of our agreement. This pay out was then charged to the account of The Painter. Servicemagic is not authorized to make charges to the account of The Painter in violation of the agreed upon terms and conditions.
I find your current overture of settlement (email dated 9/3) as well as that of Roni Zamiska's offer to settle for $250 (per teleconv w/Nicole 8/11 8:29am) hollow and insincere. Servicemagic has never withdrawn or suspended the original $500 charge or any part of it pending resolution consistent with usual business practice.in fact I have recently spoken to a rep from CMI (Derrick Burroughs #882185) who stated that Servicemagic has now presented a demand for $650.
As of this date I have not received a reply to my email dated 9/4/08. Communication with Servicemagic can be accurately described as long periods of neglect followed by casual and flippant response. I am sure that you would agree that this behavior is extremely unproductive. This long, protracted and easily remedied ordeal has taken me away from my normal course of operation at an unnecessary and not insignificant cost to The Painter. Your responsibility for (your email dated 8/20) the management of this debacle may or may not be an indication of your personal integrity but it does reflect a lack of professional integrity on the company that you represent.
To be fair I would like to give you the opportunity to demonstrate that Servicemagic acted with a bare minimum of professional propriety.
Please supply the necessary documentation to support that;
1. The Servicemagic inquiry included The Painter and was conducted to an acceptable professional standard similar to that of the Better Business Bureau or any similarly accredited agency.
2. Your assertion of Poor Workmanship was informed by an industry qualified company or individual certified to perform inspection tasks and that this inspection met accepted industry standards and practices.
Note; A legitimate inspection would take the form of a clear and concise report that could be readily shared with anyone concerned. A paraphrased concern/estimate that merely echoes the unfounded accusations of the customer does not approach an acceptable standard.
3. Servicemagic acknowledged our written offer to redo the work to the new customer imposed specification, as proposed by Harry Patkowski of Servicemagic.
4. Servicemagic required the customer to act in good faith and abide by the Servicemagic terms and conditions and the terms of the Servicemagic Guarantee.
I am confident that you, acting on behalf of Servicemagic, will have little trouble supplying a prompt, complete and accurate response that you would be proud to share with American Express and CMI. If you are reluctant, unwilling, or otherwise unable to provide the requested information I am sure Servicemagic will demonstrate a commitment to fair business practice and reverse this charge to our account.
It is important to note that the customer whose complaint precipitated the Servicemagic action filed concurrent complaints with the Better Business Bureau and the Contractors State License Board. The Better Business Bureau is a nationally known and accepted advocate for consumers. The Contractors State License Board is a California State agency that sets and enforces contractor standards in performance and professional behavior.in the absence of professional impropriety the Contractors State License Board will offer mediation services.in stark contrast to the Servicemagic resolution process both of these venerable agencies conducted a structured and competent inquiry and both agencies dismissed the respective claims.
Update; American Express has investigated this matter and removed the faudulent charge from our credit card account. Credit Mediators Inc. Has been contacted and informed of all the pertinent facts. Unfortunately Credit Mediators Inc. Has chosen to disregard these facts and has provided written notice that a negative credit report on behalf of Servicemagic has been filed in this matter.
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