October 14, 2008
Romanelli & Son
88 East Hoffman Ave
Lindenhurst, NY 11757 fax: 631-956-1246
Dear Mike
My business has suffered quite a downturn within the last few months and I can expect to gross approximately $15,000 less this year than last year. Therefore, I am in the process of cutting my expenses wherever I can.
I just signed on with your company in July 08. I did pay a 1 year service contract fee which I was not accustomed to paying but I did so. I have never had anyone here to service the burner therefore I have never made use of the service contract. Under no circumstances will I have the money to pay $4.49/gal when I can get oil at almost any other company from anywhere between $2.99 and $3.29/gal. I would like to renegotiate the oil fee or terminate my contract with a reduced charge.
I did sign the document that said I would be responsible for a $595 termination fee(again, I had no fee upon canceling with any previous oil company). I do not recall this clause but I had no intention of canceling at the time I signed so it was something I did not take note of however it is one of the 13 paragraphs on the back of a form. The point is that if I cannot afford your fuel rate I cannot afford this cancellation fee.
If I must cancel then I will pay you what I am able to pay per month so that you cannot find me in default. I would appreciate a renegotiation of this fee that would be fair to both of us and that would also take into consideration the $104 that I prepaid for a service contract that I will not be using. I would think that a business such as yours would be understanding and cooperative in today’s hard times. In today’s economy something is better than nothing. Again, I am simply offering a fair compromise.
Mike, I just answered your return phone call and I am now adding to this letter that I am disappointed and surprised that your company will not renegotiate or allow payments and would prefer to get your lawyers involved. I was taken aback to hear how quickly Romanelli & Son wish to have (in your words) their attorneys come after me for complete and full payment. I NEVER said that I would not pay a termination fee.
I asked that you lower the fee to something more affordable as I have only been signed to this company for 3 months and have had no service or oil delivery. As I said on the phone, I cannot pay lawyers and do not want to involve lawyers but as you said “you have to do what you have to do”. Such a quick response to get your lawyers after me was quite upsetting considering the fact that I offered to make monthly payments to pay off as much as I could based on what I can afford as a single parent with 2 jobs. My teenager works 2 jobs after school. I NEVER indicated that I would pay nothing so you have no right to demand that I pay attorney fees. Your only offer to me was for me to pay $250 up front and you would lower the oil to $3.99 gallon however that comes out to very close to the $595 fee. And if I had agree to that, what is the $250 fee called? It isn’t a termination fee so what is it? Sounds like a rip-off fee.
I have never done business with a company that is so non-customer friendly and non-cooperative. I still can’t understand why you are punishing me rather than working with me to come to an understanding that we can all agree with. It certainly does not make good business sense to me.
Banks are trying to work with homeowners, government is trying to work with banks, retailers are trying to work with consumers, etc., etc., and Romanelli & Son will not work with me. From what I understand, you will work with no one.
Please do not send any delivery trucks here as I stated on the phone to you.
Enclosed is a check in the amount of $20.00 for the month of October. I hope to be able to pay approximately this amount each month.
Sincerely,
Grace Barbera-Bryson
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