Citibank Requests More Info…
Citibank contacted Day and Night Furnace regarding the dispute I have with them. Day and Night’s response was that “the work was completed and [I] am satisfied with the work.” Au contrare!
My response:
Citibank Customer Service:
This letter is in response to your request dated October 17, 2005, for more information about the fraudulent credit card charge made by Day and Night Furnace Company. While you requested a response by October 28, 2005, I did not actually open the envelope of your request letter until today, thinking in error that it was a bill.
Notwithstanding the fact that the contract is illegal and void due to the violation of multiple state and federal laws (as outlined in the attached letters that were sent to Day and Night Furnace Company), the merchant lied to you by indicating that the contract had not been canceled.
The Home Solicitation Sales Act specifies that the buyer can cancel contracts within three business days after signing the contract if the transaction involves $25 or more and takes place in the buyer’s home or away from the seller’s place of business. The buyer need only give the contractor written notice of his or her intent not to be bound by the contract. If the contractor has not complied with certain notice requirements, the cancellation period begins when the contractor has complied. These provisions apply whether the buyer initiated contact with the contractor or vice versa.
- I signed a contract to have Day and Night Furnace repair my non-functioning air conditioning unit on Thursday, July 14, 2005.
- The repairs were not caused by disaster, and were not of an emergency nature.
- The merchant acknowledged on the form they provided to you that my existing installation was *not* in an unsafe condition. The merchant did not properly notify me of my right to cancel the contract, and has not done so to this day.
- After repeated violations of contract code and several criminally fraudulent actions on the part of the merchant, to protect my rights, I canceled the contract both in writing and by fax on Monday, July 18, 2005. According to laws regarding contract cancellations, Sundays are not considered business days. Federal and state law states that any payments made towards a canceled contract must be returned within 10 days following receipt of the cancellation notice, and any security interest arising out of the transaction will be canceled. The merchant has not refunded any of the $4,100 charged to my Citibank credit card.
While I signed and executed an invalid contract, the contract was in fact canceled and I am entitled to a full refund of $4,100.
This is a nine-page fax, which consists of the following pages: this page; the letter you sent to me requesting more information; the three-page letter I sent to Day and Night via certified mail that canceled my contract; photocopies of the charge slip, receipt for certified mail, and receipt from Post Office; the fax I sent to Day and Night (also on July 18) to cancel the contract; the confirmation from the fax machine of the fax transmission and receipt; and a copy of a local consumer report from September 2005 that warned consumers about perpetual fraud committed by Day and Night Furnace Company.
I am hoping that Citibank does the right thing and decides in my favor. If not, I’ll have to file a complaint with the BBB and the CSLB, and file a small claim. What a hassle!
