ComplaintsforWeed Busters

• Initial Complaint

  07/18/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I utilized this company's services for the 2022 spring / summer season. Without my authorization, they performed additional services on my property on March 16th. I called them to ensure my service for the year had been cancelled, as I did not inatend to use their services this year to begin with. I was asked to make a payment, and let them know that this service was not requested, and that I did not understand how they could demand payment for a service they performed on their own accord without my consent. 4 months later, on July 18th, I received a voicemail stating my balance would be reported to collections if not resolved within 30 calendar days. I called the company back, restating the fact that I did not request this service, and they're still demanding payment. They stated "We sent you a renewal letter, and you didn't respond so we assumed you wanted your service to continue. I've retained the initial confirmation sent to me in April of 2022, with no mention of this being a continuous service that transitioned year over year, which I have attached an image of. On November 17th of 2022, I received an email notice with a Renewal letter stating to pay by December 31st for a 10% discount, but, again there was no mention of a reply being necessary to Cancel service, only that payment must be made to get the discount and renew service. (Image also attached). I did not plan to re use their services, so I did not respond. I did not look for any additional communication from them as it seemed this would end my service. I now see an email from December 3rd where they conveniently added phrasing stating " Note That OUR Service IS Continuous. WE Will Return Each Year Unless YOU Notify US IN Writing OR BY Phone OF Your Desire TO Discontinue Service." This was never previously communicated to me, and sent AFTER the initial renewal letter which indicated you must pay for service to continue.

  Business response

  07/24/2023

  Dear Mr. ******,
  Thank you for reaching out to us to address your concerns regarding the billing for services provided during the 2022-2023 season. We apologize for any confusion or inconvenience caused, and we appreciate the opportunity to clarify the situation. 

  Upon reviewing the details of your case, we understand that there has been a misunderstanding regarding the continuous service agreement and the billing process. Allow myself to provide some clarification:

  Our company operates under a continuous service agreement, which means that unless we receive explicit communication from our customers to discontinue the service, it automatically renews from the following year/season. We clearly list this on our terms of service when you sign up and we list it on all correspondences to our customers. We go out of our way and contact our customers no less than 5 times before we renew a service from one season to the next. We give months and months of time for a customer to cancel from one season to the next. Our records show that in your case we contacted you 7 times via email letting you know the service was renewing for 2023, we also sent one before service email the day before your service was scheduled for 2023 and called you the day before to let you know we were coming the next day (3-16-23) for service.

  It wasn’t until April 7th of 2023 that you contacted us. We then informed you on April 7th that we had sent you 7 emails and called you the day before and let you know we were coming for service on 3-16-23. Unfortunately for whatever reason you decided you wanted to cancel the service after it was already performed and that you shouldn’t have to pay for the prior service as it wasn't requested by you. You were informed at that time we notified you multiple times and we highlighted the terms of service you agreed to when you signed up. At that time, we told you had you contacted us prior to the service from the 8 notifications we sent you it would have been no problem removing the charge had it been our mistake. Unfortunately, in this case you didn't call us to cancel the service until after it was performed and for that reason the balance is correct.

  At that time, you were told we unfortunately have labor, fuel, and materials we cannot recoup if we forego the balance due at this time. For that reason, we unfortunately cannot forgive the balance. At that time, you told us you wouldn't be paying for the service. At that point we explicitly told you when the balance hit 90 days, we would be sending it to a collection’s agency. Unfortunately for whatever reason you deemed cancelling the service after it was performed as a good enough reason to not pay the balance due. For that reason, we have submitted your account for collections. 

  The saddest part of all of this is a simple reply from one of our 7 emails saying hey I don't want the service this year or a phone call back from our call the day before you were scheduled to our office saying hey I do not want your service this year could have avoided all of this. Not once in 8 different contacts did you let us know of your desire to discontinue the service for 2023. I am not sure what else we could have done to have given you a more reasonable amount of time to cancel your service. While we do feel for this customer, we are out labor, fuel, and materials we won’t recoup and that's not right when all the customer had to do is let us know they didn't want the service. Especially considering these emails were sent multiple times over a 4-month period. This customer had ample time to let us know of his desire to discontinue the service and for whatever reason he decided he didn't need to let us know he was cancelling service. 

  In reference to the screenshots you have uploaded, while we do see you have uploaded two emails we sent you, you haven't uploaded the attachments to them which list out your services and the terms. If you look at the email that came directly from myself the first paragraph says, "updated prepay/renewals for 2023 season are attached to this email." Had you have also attached the renewal document you would have seen that is clearly states, "Please note that our service is continuous. We will return each year unless you notify us in writing or by phone of your desire to discontinue service. Again, thank you for the trust you have placed in us, and we look forward to seeing you soon!" If you look at the bottom of the screenshot you provided you can see the photo/attachment icon. We wish you had also included that attachment from that email that outlines everything for 2023. (I will be uploading that document to BBB for all to view...)

  The second photo you have submitted to this dispute is just a simple thank you notice after you had signed up and had agreed to the terms of service???

  We will be uploading as much documentation as BBB will allow us to (5). As you can see each of these documents sent to the customer prior to the start of the 2023 season clearly states the service will renew for a change in service to notify our office via email or phone. Unfortunately, in this case I am not sure what more we could have done to have prevented this from happening. 

  My hope is that this customer comes to his senses and realizes that canceling a service after it has been performed when they were contacted 8 times letting them know we were coming isn't going to stand. I would much prefer to resolve this amicably. Please do the right thing and send in your payment so both parties can amicably move on. 

  Best Regards
  **** ********
  President
  Weed Busters Lawn Care

  Customer response

  07/25/2023

  Business has made no attempt to resolve complaint, and instead has chosen to shift all of the blame to the customer. I did not sign a contract for the 2023 season. Mr. ******** took it upon himself to render services without receiving approval, and now wants reimbursed for a mistake made entirely on his own. If I agreed to this, where is the signed documentation where I consented to the increased rates for a service period covering 2023? 
  

  Business response

  07/25/2023

  Mr. ******,

  We notified you 8 times of your upcoming service. We called you the day before the service was scheduled. You elected to ignore all notifications over a 4-month period. You were free to cancel your service at any time during that 4-month period. You chose to call in and cancel your service after it had already been performed. Unfortunately, in this instance since the service has already been completed there isn’t anything we can do for you to forgive the balance. We feel we have gone above and beyond in communicating with you. It is unfortunate in this instance you choose to ignore all communications from us.

  You are correct you didn’t sign a contract for 2023. You also didn’t sign a contract for 2022. We don’t use contracts. We use a continual service agreement. You were given at the time of first service a terms of service agreement that clearly states, "Please note that our service is continuous. We will return each year unless you notify us in writing or by phone of your desire to discontinue service. Again, thank you for the trust you have placed in us, and we look forward to seeing you soon!" This was also communicated on all 8 contacts from us leading up to the start of 2023. When you signed up you agreed to those terms along with the first payment you had made. That payment made the terms of service binding in the state of Ohio. That’s why we send out so many contacts before our service renews the following year. We want to make sure we give all customers the opportunity to discontinue the service if they wish. It helps us avoid situations like this. I am not sure in this instance what more we could have done for you.

  We operate just like your cable service, cellular service, home utilities, and other service-based companies. Do you also call them the month after they have provided service and tell them you are cancelling service moving forward but refuse to pay them for the prior month? Your assertions here are ridiculous.

  Mr. ******, you for whatever reason ignored all communication from us or maybe you simply forgot to call in and cancel the service until after it was already performed. Whatever the reason maybe we have gone above and beyond to let you know we were coming out for service. You elected to ignore all communications from us. For that reason, the balance stands.

  Our system is schedule to turn this over to our collections agency ******** ****** ******** on August 1st. If you plan to make a payment on this balance due to avoid the collections process and late fees with APR, please let me know so I can suspend the submission of your account to them. 

  I am truly sorry we couldn't just erase this balance for you. But is this case we have gone above and beyond to notify you of the service renewal and the terms of service that stated the service will renew. We notified you 8 times. All you needed to do was let us know you didn't want the service for 2023. You have got to look at it from our perspective. We have labor, fuel, materials, etc. invested in the service. Please do the right thing and submit your payment so we can avoid the collections process. 

  Best Regards,

  **** ********
  President
  Weed Busters Lawn Care
  ###-###-####

  Customer response

  07/26/2023

  Again, the business has made no attempt to resolve this issue. Both responses from the business have clearly indicated that I provided no authorization for this service to be administered during the 2023 calendar year. This business is not operating in good faith, and uses predatory practices to try to force consumers to pay for services they did not request. No response is not an authorization. Not once in my life have I asked someone for something, received no response, and then went along as if their lack of response was an authorization. That risk was taken of Mr ********s own accord, apparently with the hope that they could strong-arm someone into paying for something that was never requested.
  
  

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