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Free Roofing Estimate Not So Free

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Olivetto

New member
What is the name of your state? California

After being pleased enough with a roofer's services (a repair back in Feb. of 2017), I called them to have a look at a moldy stain on the back bedroom ceiling. I made it clear, albeit over the phone with their receptionist, that I just wanted a free estimate. She told me that would be fine, and I'd be sent one if the inspection showed any need of further repair. After two guys came out on March 22nd, they found no evidence of a leak. I've pasted the whole tale of woe below (with personal info. redacted), but the upshot is that I received a bill for $475! I called, and the boss emailed me back. I emailed him back but got no response, so I called again on April 12th, but was astounded and foolishly relieved to hear on voicemail that the company had gone out of business on 4/5. I thought nothing more of it until I received a call last Thurs. and again this past Wed. from Joel at TCS Corp., a debt collection agency purportedly retained by the now defunct roofers.

I feel that there was no contract and I should pay nothing. However, I guess I'm leery of calling because the msg. said any info. could be used (against me) in this case. I would prefer to write something similar to what I wrote below, but this may not protect me. I thought I had read somewhere that I should receive something in writing from the agency, but I feel I need to act before things go on too long. (I may have a neighbor's video footage proving the workers weren't on my property for the amount of time claimed, but whether or not this is admissible or useful, I do not know.)

Thanks for any advice!

Olivetto

"Good Morning S___,

Unfortunately any leaks caused by plugged drains or gutters are not covered under our warranty. We only cover the leak if it was due to workmanship on our part. Since gutters and downspouts can plug at anytime it is the home owners responsibility to make sure the gutters and downspouts are clear of debris. Once a drain gets clogged it can cause it to overflow and cause a leak which was in your case. I hope this helps out. Make sure in the future to keep the drains clear.



Thank you

(Roofer)

Dear M______,

Thank you for your email message, but I am afraid I cannot understand the connection between your explanation and what I was told by your secretary over the telephone when I first called for an investigation of the stain on my back bedroom ceiling. I was assured by her that there would be no charge to inspect the warrantied work and that I would be given an estimate prior to any repairs.

The two gentlemen who came told me after their inspection of the ceiling and attic that there was no connection between my plugged gutter and the stain. There was, in fact, no leak. In the course of their investigation, they went ahead and used my garden hose to simply unplug three downspouts never informing me of any charge before, during, or after. Needless to say, I was shocked at the amount of $475. That is over a third of the cost of the complete tar and gravel roof tuneup you did for me last year. This is exorbitant also because the men were on my property for no more than one hour.

I really hope that we can come to a more amicable agreement.

Best regards,

(Me)"
 


justalayman

Senior Member
From the federal debt colllecfion practices act (FDCPA)
§ 809. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
They now have 5 days to provide you with any information specified in the quote above that they have not already provided.

If they have not provided all of the required information it would wait out the 5 days. If you don’t recieve the missing information that is a violation of the FDCPA.


After that I would send the letter disputing the validity of the debt and demand validation. It’s usually difficult to obtain validation of a debt where the original debtor has gone out of business.

After that I would wait for their response. There are requirements of the validation. Until you recieve it you won’t know if they have followed the law.
 

doucar

Junior Member
Unfortunately, FDCPA applies only to third party collection agencies "debt collectors", but not to original creditors, so you can ignore the previous message. Your proposed letter is a good way to try and handle this matter.
 

justalayman

Senior Member
Unfortunately, FDCPA applies only to third party collection agencies "debt collectors", but not to original creditors, so you can ignore the previous message. Your proposed letter is a good way to try and handle this matter.
Seriously dude? Do you have problems reading? I’ll post an excerpt fromthe original post for your benefit;

again this past Wed. from Joel at TCS Corp., a debt collection agency purportedly retained by the now defunct roofers.


A debt collection agency. Do ya think that might suggest it does involve third party collections?

On top of that there is no proposed letter in the original post. A exchange with the original company was posted.

Do you even bother to read things before showing your lack of knowledge?
 

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