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Energy Savers of Orland Park Illinois: Appalling Business Ethics, Practices and Customer Satisfaction

Update: January 10, 2009
 
I received a check for $65.00 from John's Pro Tree Service, Inc. today.

Update: December 18, 2008
 
On December 18, 2008 at approximately 10:30 a.m. Energy Savers representatives repaired the downspout for $65.00. I paid the Energy Savers' representatives $65.00. I faxed the receipt for the $65.00 payment to Energy Savers to John's Pro Tree Service. I talked to John and he stated he will bring the $65.00 reimbursement to me.

Update: November 22, 2008

November 22, 2008

Better Business Bureau

Diana Mendez
Assistant Manager-Home/Transportation Services

Complaint ID#: 94208140
Business Name: Energy Savers Vinyl Windows

Ms. Mendez:

I will address the response of Energy Saver’s paragraph according to how it is marked from the paperwork I received from the Better Business Bureau:

1. Energy Savers’ Response to my complaint: Fred Nance is satisfied with the work that Energy Savers did. Nance Response: The issue is not about whether I am satisfied with the work that was done by Energy Savers. Talking about that: I have screw tips that installers installed that have exposed tips, which could injure someone. These tips should have been “budded” to prevent injury to people. I want the ends of these screws budded.

2. Energy Savers’ Response to my complaint: If John Pro Tree Service damage something and are will to pay for damage what’s the problem. I don’t think John’s Pro Tree Service works for free. Nance Response: John Pro Tree Service stated they would pay for the downspout when it receives a billing statement from me, which I should get from Energy Savers when they make the repairs. I informed Energy Savers’ representative Joe Lipuma that John’s Pro Tree Service would pay for the downspout replacement. Energy Savers and Joe Lipuma decided they were going to ignore my request to fix the downspout, and in fact, deny claims such as downspout and screws that are explicit in their contract for services. See Energy Savers’ service contract stating “…Customer Satisfaction: We at Energy Savers Vinyl Windows value your business. If at any time you are unsatisfied with our service, we would like the opportunity to remedy any issues that you may have. Our main objective is customer satisfaction….” See attached Energy Savers’ contract received for services to my home.

3. Energy Savers’ Response to my complaint: A downspout is very simple…to come out an do assessment it’s just a down spout – if there is a hole in it we do not repair hole we replace the downspout because that’s the correct way to fix it. Nance Response: If the downspout is so simple, why didn’t Energy Savers’ come out and fix it. An assessment is an evaluation, a judgment about something based on an understanding of the situation. An assessment is what any logical business person would do before any repairs or installation of a product. An assessment allows a business to know what is needed for the work. Before Energy Savers did the work on my home Mr. Lipuma did an assessment/evaluation of the property. I never asked Energy Savers to fix the hole in the downspout. I asked them to replace the downspout. I informed Mr. Lipuma that I had a piece of downspout vinyl his installers left that fit the section of drain spout needed. This statement suggests a down spout replacement, not a “hole” fix. See original letter from me, paragraph #4.

4. Energy Savers’ Response to my complaint: We do not piece together down spouts not the correct way to fix it. Nance Response: The downspout mentioned here in paragraph 3 is a full piece of downspout. There is nothing to piece together. It is a perfect fit, with extra length. It is their product.

5. Energy Savers’ Response to my complaint: Our fax machine here is used for ordering and receiving orders only. Nance Response: I have no response.

6. Energy Savers’ Response to my complaint: The cost to replace not repair downspout is 199 labor & material if Mr. Nance think 199 is to much have John’s Pro Tree Service replace it. Nance Response: John’s Pro Tree Service will incur the cost for repair. I hope the cost of this replacement is universal with the pricing of other entities providing similar services.

7. Energy Savers’ Response to my complaint: I would like to have the BBB consider removing this complaint because we have a customer that got damage done by another company may be the complaint should have been to John’s Pro Tree Service if Mr. Nance is looking for a estimate for repair we can send him one. Nance Response: I am not sure what Energy Savers is saying here, but I will attempt to respond. The Better Business Bureau should not remove the complaint from their files because the damage was done by another company. The complaint is on Energy Savers. The complaint is about Energy Savers’ policy on Customer Satisfaction. Energy Savers refused to live up to its policies. John’s Pro Tree Service has always acted with integrity and honesty. John’s Pro Tree Service specializes in tree trims, bush removal, tree cutting, stump removal, etc.

Energy Savers gives a post script to its response. Energy Savers states “isn’t it terrible to have a hit on you’re BBB report over something so Stupid.” Energy Savers also states “My salesman even offered to come out to Mr. Nance’s home and fix it himself but Mr. Nance said he put a bad rap on us in his blog and now the BBB Mr. Nance is on his own don’t call us for anything.” Nance Response: I guess Energy Savers is Stupid. What company would allow their integrity and honesty challenged over an event that they could have so easily rectified? This story tells us that Energy Savers has no integrity and honesty. Energy Savers surely does not honor its “Customer Satisfaction” policy. This is exactly why I posted my complaint on the Internet and with the Better Business Bureau. This statement violates Energy Savers “Customer Satisfaction” policy. Energy Savers should be held to the standards of their company policy. To say, “…don’t call us for anything” violates Energy Savers’ policy.

Posting truth on the Internet is in agreement with the 1st Amendment clause of the United States Constitution, Freedom Speech. Second, if Energy Savers’ salesman offered to come out to “evaluate” and fix the problem, why didn’t he come? Just because I exercised my right to “free speech” does not give Energy Savers the right to violate its company policy. Energy Savers should be prosecuted to full extent of the law. I will post this response on my blogs. I will post this response to the Better Business Bureau on their website in its response section. I will mail this response to Ms. Diana Mendez by Certified Mail to assure its receipt and to assure the Better Business Bureau has a copy of Energy Savers' "Customer Satisfaction" policy.

Respectfully submitted,

Fred Nance Jr.

Update: November 14, 2008

Complaint ID#: 94208140
Business Name: Energy Savers Vinyl Windows

Thank you for contacting the BBB. Your complaint was received by the Bureau on November 10, 2008 and has been assigned case # 94208140 in our files.

Your complaint has been applied to the following business:Energy Savers Vinyl Windows11535 183rd PL Unit 117Orland Park, IL 60467-4901

The case has been reviewed by one of our Complaint Specialists and has now been forwarded to the business for their response. The business is allowed ten days to respond. If we do not receive a response from them after ten days, we will send them a second notification. You will be informed once a response has been received.

As this complaint progresses, you may also consider using BBB alternative dispute resolution services such as binding arbitration. For more details about arbitration, please visit: www.chicago.bbb.org/ADRindex.html

We encourage you to use our ONLINE COMPLAINT system to keep up with the progress of this complaint. The URL (website address) below will take you directly to this complaint on our website: Complaint Status Page

If the above link does not work for you, please copy and paste this URL into your browser: http://www.chicago.bbb.org/complaint/view/94208140/c/63sxf3

Sincerely,

Diana Mendez

Assistant Manager-Home/Transportation Servicesdmendez@chicago.bbb.org

Update: November 10, 2008

Consumers Beware: Do not do business with this company. This company does not honor its agreements or contracts. This company will get your money and disregard their obligation to their contract.

I called Energy Savers today requesting to speak with the owner. A female answered the phone informing me the owner was not present and she could take a message in his behalf. I left a message with her for the owner. I informed her I had talked to the representative, Joe Lipuma, who sold me $10,000.00 worth of merchandise that I needed someone to come to my home and assess the damage to the down spout attached to my gutters. I informed the young lady that this representative has promised to come to my home several times but has not made it.

I have filed a complaint with the Better Business Bureau of Chicago, 330 North Wabash Ave., Suite 2006, Chicago, Illinois 60611-7621, 312-832-0500 (office), 312-832-9985 (fax), email-info@chicago.bbb.org, website: http://www.chicago.bbb.org/. If you have suffered an injustice from Energy Savers give the Better Business Bureau a call and file a complaint.

Update: November 6, 2008

Energy Savers has not lived up to its warranty services.

October 31, 2008

Mr. Bill Shaheen, Owner
Energy Savers
11535 West 183rd Place, Suite 117
Orland Park, Illinois 60467-4901

Re:       Future home improvement investors should beware of those businesses promoting customer satisfaction and care that neither provide customer satisfaction nor care after they get your money.

Mr. Shaheen:

On or about July 2, 2007 Energy Savers installed windows, soffits, gutters, drains and downspouts on my home. I paid $10,000.00 for this purchase and labor. Energy Savers’ has a clause in their contract stating, “Customer Satisfaction: If at any time you are unsatisfied with our service, we would like the opportunity to remedy any issues that you may have. Our main objective is customer satisfaction….” This is not true. Customer Satisfaction is not the goal of Energy Savers.

On October 24, 2008 Pro Tree Service removed a tree in the backyard of my home. The tree removal employees punched a hole in the downspout of the drain on the North-front side of my home. Pro Tree Service owner John Baio informed me he would pay for the cost of repair.

On October 24, 2008 I called Energy Savers requesting a home visit to assess the repair. I talked to Lucy, who may be the administrative assistant of Energy Savers, informing her of the issue. Lucy called me back on or about October 27, 2008 with a quote from the owner Bill Shaheen, which seemed ridiculous to me without an assessment of damage. Instead of providing home service to assess the repair, Lucy gave me some ridiculous price to fix this hole.

On October 24, 2008 I called Joseph Lipuma, the salesperson of my purchase. I informed him of what I needed. Mr. Lipuma told me to have the tree removal people repair the downspout. I informed Mr. Lipuma this suggestion was inappropriate. I informed Mr. Lipuma his suggestion was absurd. I informed Mr. Lipuma I have a piece of downspout vinyl left by the original installers that would fit the damaged area. I requested he visit my home and assess the damage for repair. Mr. Lipuma made several appointments, but has failed to come to my home to assess the damage.

On October 31, 2008 I called Energy Savers talking to Lucy about this issue again. I asked for the name of the owner of Energy Savers so that I could address this letter appropriately. Lucy told me she could not give me that information.

Energy Savers is located in the township of Orland Park, Illinois. I called the township of Orland Park’s Business and Development to get the business information for Energy Savers since I was being denied access to it by Energy Savers. The Orland Park Business and Development entity states they do not have a fax number on file for this company. This is strange.

What does Energy Savers have to hide? Why would a company deny its customers their owner’s name? I asked Lucy for the fax number to Energy Savers so that I could send this letter to them by fax. Lucy informed me that Energy Savers does not have a fax number. Why would a company hide the fax number information from their customers?

Viewers of my blogs: How many companies do you know that deny you access to their fax numbers? There is something wrong with the business ethics of Energy Savers.

Therefore, I respectfully request a home visit to reasonably assess the damage of my downspout so repairs can be made, paid for, the cost passed on to Pro Tree Removal for payment.

I will drive to the Energy Savers location in Orland Park and hand-deliver this letter.

Respectfully submitted,

Fred Nance Jr.

cc:

Pro Tree Service

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Conlon & Sons: Harlem Furniture and Stainsafe Warranty

Update: November 3, 2008
 
On October 31, 2008 Stainsafe's representative Global Care released a document regarding this issue. The states:
 
Full Item Replacement Authorization, Claim #1568823, Sales Receipt number 1107504XOPW; We are pleased to inform you that a full replacement has been authorized for the following item(s) Chest/SKU - 551221107. We have notified the Roomplace at Harlem that we have authorized you to select merchandise of your choice with a value that is less than or equal to your original purchase price of the above referenced item(s)...Thank you for the opportunity to serve you.
 
There may be some integrity here. There was no response to the nefarious character and behavior of their representatives who handled this case.
 

October 27, 2008

Conlon & Sons
Mr. Joe Conlon, President/Owner
700 New York Ave., Suite D
Huntington, New York 11746

Mr. Conlon:

Harlem Furniture contracts with Stainsafe for repair service with its furniture needs. I was informed by your representative that you company, Conlon & Sons, provide services for Stainsafe. Stainsafe has 196 complaints against its organization on www.ripoffreport.com/.

On Friday, October 24, 2008, I was scheduled for a repair appointment for furniture I bought from Harlem Furniture. When I purchased my furniture from Harlem Furniture I bought a warranty with Stainsafe, which utilizes your company to provide repair services. My appointment time frame was 8:00 am to 12:00 pm.

At approximately 10:30 am, I received a call from your representative stating my repair person’s car had broken down and he was at the repair shop to get it fixed. I was told when he got his car fixed he would be coming to my house. I received a call late Friday afternoon, October 24, 2008, from your representative stating my repair person would not be coming out. I waited for your repair person for over 7 hours before I got a call stating he was not coming. I was told I had to re-schedule. I re-scheduled for Monday, October 27, 2008, between the hours of 7:00 am to 10:00 am.

On Monday, October 27, 2008, at approximately 8:15 am I had to make a run out of the neighborhood. I left because your repair person had not showed up and thinking about the wait I had Friday, October 24, 2008, I believed I would get a courtesy call to alert me to when this repair person would come to my house.

At approximately 8:35 am I received a call from your representative stating your repair person was sitting outside my home. I informed your representative I was not at home. Your representative asked me how long will it take for me to get home. I informed your representative I would be home in 30 minutes. I got home at approximately 9:00 am. I called your office and your representative told me I had to re-schedule for another day. Sir, I have a problem with the service I am receiving with your company.

On Friday, October 24, 2008, I waited for 6 hours, all day at home for your service. No one showed up. I did not get upset. I re-scheduled. On Monday, October 27, 2008, your representative told me I did not ask for a call to alert me your repair person was on there way. Sir, I should not have to ask for this call. This is a courtesy call, which I should have received anyway because of Friday, October 24, 2008. I deserved a courtesy call.

On Monday, October 27, 2008, your representative informed me your repair person was stuck in traffic for 2 hours coming to my house. I am not sure where your repair person is traveling from to come to my house, but coming to my house is driving against the traffic, not with the traffic. What I mean there is no traffic coming to my house. All the traffic is going toward downtown Chicago. I live in the opposite direction. Nevertheless, if your repair person was stuck in traffic, I should have received a courtesy call stating so, because I waited as I did on Friday, October 24, 2008, I should have received a courtesy call.

Your representative informs me now I have to make another appointment, and they were very adamant and unconcerned about my service. This is totally unprofessional. On Monday, October 27, 2008, I have spoken to Suelette and Antoinette from your office. I informed Suelette and Antoinette that I would write this letter, sending a copy to Harlem Furniture, posting it on my blogs and posting it on www.ripoffreport.com/.

From viewing www.ripoffreport.com/, it appears it is 196 complaints against Stainsafe. Stainsafe employs your company to repair the items it contracts for with various furniture stores. Sir, how does your company fair with www.ripoffreport.com/?

Sir, I want service today, Monday, October 27, 2008. I have asked to speak to a supervisor. I have been told your supervisor is Linda. I have been repeatedly told that Linda is not available. The last response I received from your representative about speaking to Linda is that she is in a meeting. I would like to receive a call about my issue. Please respond.

Respectfully submitted,

Fred Nance Jr.

cc:

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IDOC Roger Walker & Deanne Benos: Request for rational basis on adverse employment action

Update: December 9, 2008

Federal authorities arrested Illinois Gov. Rod Blagojevich Tuesday on charges that he brazenly conspired to sell or trade the U.S. Senate seat left vacant by President-elect Barack Obama to the highest bidder.

Blagojevich also was charged with illegally threatening to withhold state assistance to Tribune Co., the owner of the Chicago Tribune, in the sale of Wrigley Field, according to a federal criminal complaint. In return for state assistance, Blagojevich allegedly wanted members of the paper's editorial board who had been critical of him fired.

A 76-page FBI affidavit said the 51-year-old Democratic governor was intercepted on court-authorized wiretaps over the last month conspiring to sell or trade the vacant Senate seat for personal benefits for himself and his wife, Patti.

Otherwise, Blagojevich considered appointing himself. The affidavit said that as late as Nov. 3, he told his deputy governor that if "they're not going to offer me anything of value I might as well take it."

I have been writing to Federal and Illinois Government officials in Illinois for the last 2 years about alleged corruption in Governor Blagojevich’s office. I wrote President-elect Obama when he was an Illinois Senator.  When I worked at Sheridan Correctional Center as a clinical supervisory counselor I suggested corruption in the Governor’s office and Sheridan Correctional Center when AFSCME Union Local 31 conducted a strike at Sheridan Correctional Center on June 6, 2006. I suggested corruption in the Governor’s office with the contract given to West Care Foundation, Inc. at Sheridan Correctional Center to provide counseling services to the inmates. West Care Foundation, Inc. is based in Las Vegas, Nevada. My employment at Sheridan Correctional Center was terminated on or about May 15, 2008. I was a supervisor. When Warden Michael Rothwell took my security clearance on or about May 15, 2008 he did not give me a reason. I wrote Illinois Department of Corrections’ Director Roger Walker, who has not answered my letter to give me a reason why they took my security clearance. Read my writings regarding the indifferent and disparate treatment, and racism at Sheridan Correctional Center on my blog at http://clickforjusticeandequality.blogspot.com/ and on President-elect Obama’s website. I am posting this comment on my blogs at http://clickforjusticeandequality.wordpress.com/, www.frednance.newsvine.com/ and http://click.townhall.com/, and on President-elect Obama’s website.

I want to suggest a "criminal" conspiracy between Governor Blagojevich, AFSCME Union Local 31 and the Illinois Department of Corrections against Gateway Foundation, Inc. (Gateway) to force them to give up their contractual agreement to provide counseling services at Sheridan Correctional Center (Sheridan) when they allowed the strike of June 6, 2006 at Sheridan and prevented Gateway employees from crossing the picket lines. This conspiracy may involve Governor Blagojevich, Deanne Benos, Roger Walker, Michael Rothwell and officials of AFSCME Union Local 31. This conspiracy paved the way for West Care Foundation, Inc., which may be in bed with this conspiracy. Follow the money. West Care Foundation, Inc. may have bought this contractual agreement from Governor Blagojevich and his government officials. This is what I am asking the FBI to investigate.

Update: October 23, 2008

There has not been a response from Illinois Governor Rod R Blagojevich, Roger E. Walker or Deanne E. Benos to my request for the rationale used to take my security clearance at Sheridan Correctional Center.

10/23/2008: New Toolkit on Law Enforcement Role in Prisoner Reentry: Four Agencies Selected as "Learning Sites" with Justice Department Grant Reentry Policy Council

How can reentry work with entities like Illinois' Sheridan Project, which operates out of Illinois' Sheridan Correctional Center?

Read my articles on the blatant racism, indifferent treatment and discriminatory practices by Sheridan Correctional Center and WestCare Foundation, Inc. on my blog at http://clickforjusticeandequality.blogspot.com/. WestCare provides the substance abuse counseling services at Sheridan Correctional Center.

On October 23, 2008 I was informed from a reliable source that Melinda Gubbels was the supervisor in Building 23 at Sheridan Correctional Center. Melinda Gubbels, who is a white female, filed false charges against Fred Nance Jr. in November of 2007 with WestCare Foundation Inc. for sexual harassment. WestCare and Sheridan Correctional Center took Nance's security clearance (locked him out of Sheridan, taking his employment)  for 2 weeks while they "investigated" the charges. WestCare determined the charges by Ms. Gubbels were unfounded. Ms. Gubbels was not reprimanded for filing these false charges. Instead, WestCare Foundation, Inc. continued to assign Ms. Gubbles to work up under Nance's supervision when he worked at Sheridan Correctional Center. WestCare "rewards" racism, prejudice and discrimination by promoting a person they "know" filed false charges against a fellow employee.

WestCare terminated Nance on or about May 13, 2008 because Warden Michael Rothwell of Sheridan Correctional Center took Nance's security clearance without giving Nance reason for the action. WestCare and Warden Rothwell terminated Nance because he complained about blatant racism, indifferent treatment and discrimination.

My informer also told me that Sheridan Corrrectional Center and WestCare have recently put 2 other black females out of the correctional center. One of the females name is Rose. I will provide additional information on this when I receive it.

Don't be mistaken. Recidivism will continue as long as you have racism, indifferent treatment and discrimination polarizing our society. Sheridan Correctional Center and WestCare Foundation, Inc. are following in the footsteps of President and Vice Presidential candidates McCain and Palin. From the demonstration portrayed on National television by the McCain/Palin Presidential ticket, anyone can see they practices and proclaims separatism and divisiveness of the races. All you have to is open your eyes. Many in this country are afraid to open their eyes, and this is why racial prejudice, indifferent treatment and discrimination exist.


Update: September 25, 2008

I have not received a response from Illinois Governor Rod R. Blagojevich, Roger E. Walker Jr. or Deanne E. Benos to my request for the rationale used to take my security clearance at Sheridan Correctional Center. 

Update: August 21, 2008
 
We know there is very little integrity and honesty in the office of Illinois Governor Rod R. Blagojevich's office. Therefore, we can assume there will be no integrity and honesty in the Illinois Department of Corrections.
 
I have not received a response from Mr. Roger E. Walker Jr. or Ms. Deanne E. Benos regarding the lockout of Fred Nance Jr. from Sheridan Correctional Center. Is there any integrity or honesty in the Office of the Illinois Department of Corrections? How can the Sheridan Project at Sheridan Correctional Center promote a reduction in recidivism when this reduction is, in part, an act of integrity and honesty? If there is no integrity and honesty within the ranks of the Illinois Department of Corrections, then reducing recidivism is non-existent.
 
Therefore, it may be safe to deduce that coupled with Illinois Governor Rod R.  Blagojevich's budget cuts of "aftercare" substance abuse programs, recidivism will produce continued job security for the employees of the Illinois Department of Corrections. Governor Blagojevich cut 50% or more from "aftercare" programs in Illinois causing massive layoffs and closing of programs needed to reduce recidivism, which provided the continuity of care needed for substance abuse services to inmates exiting prisons in Illinois. Governor Blagojevich may have cut services at Sheridan Correctional Center by 10%.  Governor Blagojevich's massive budget cuts did not include the Illinois Department of Corrections.
 
Governor Blagojevich's budget cuts did affect the lives of 52 Women and children of Safe Haven's residential program who were put out of their residents and shipped to homeless shelters around the Chicago area. Haymarket, a leading entity of substance abuse treatment has closed its detox program. Haymarket may have layoffs of 120 staff. These are some examples of how Governor Blagojevich's budget cuts are rippling through human/social services in Illinois and the "aftercare" substance abuse programs, which are a major part of reducing recidivism.
 
There is no integrity and honesty in Illinois Governor Blagojevich's budget cuts and the Illinois Department of Corrections.

July 30, 2008

Illinois Department of Corrections
Mr. Roger E. Walker Jr., Director
1301 Concordia Court
Springfield, Illinois 62794-9277
 
Illinois Department of Corrections
Ms. Deanne E. Benos, Assistant Director
1301 Concordia Court
Springfield, Illinois 62794-9277
 
James R. Thompson Center
100 West Randolph Street
Chicago, Illinois 60601

CERTIFIED MAIL

Mr. Walker:

The Illinois Department of Corrections has not offered a rational basis for locking out Fred Nance Jr., which was an adverse employment action on or about May 14, 2008.

On May 1, 2006 I began working at Sheridan Correctional Center (Sheridan) as a counselor III for Gateway Foundation, Inc. (Gateway) On or about November 1, 2006, Gateway relinquished their counseling contract with the State of Illinois at Sheridan. On or about November 1, 2006, WestCare Foundation, Inc. (WestCare) began providing counseling services at Sheridan.

On Mother’s Day, May 12, 2008, Mr. Stanley Brooks, WestCare Director, called me while I was having dinner with my mother stating Warden Michael Rothwell had locked me out of Sheridan. I asked Mr. Brooks if Warden Rothwell gave a reason for the lockout. Mr. Brooks informed me he was not given a reason for the lockout.

On or about May 15, 2008 I received a letter from WestCare dated May 14, 2008 stating, in part, “…Please let this letter serve as a notification that your employment with WestCare is being terminated, effective May 14, 2008, due to the determination of the Illinois Department of Corrections to issue an Administrative Lockout of your security clearance at Sheridan Correctional Facility. As you are aware, it is a requirement of employment that you maintain an active security clearance to enter the facility….” (WestCare letter attached)

Sir, please provide a basis and cause, along with supporting documentation, for the Administrative Lockout of the security clearance for Fred Nance Jr.

Respectfully submitted,

Fred L Nance Jr.

cc:

Equal Employment Opportunity Commission
http://clickforjusticeandequality.blogspot.com/
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Joseph & Stephens Associates: Debt collection company refusing to discuss an account and starting litigation

Update: April 21, 2009
 
The State of Georgia has decided not to prosecute fraud. What type of government is this that allows fraud to be perpetrated? The Government of Georgia has given this company a license to fraud. I received this letter dated February 27, 2009:
 
State of Georgia
Governor's Office of Consumer Affairs
2 Martin Luther King, Jr., Drive, SE, Suite 356
Atlanta, Georgia 30334-4600
404-651-8600
 
RE: Reference File Number 230366
 
"...Thank you for sending us the information regarding your complaint against Joseph & Stephens Associates. As we do not have jurisdiction in matters of this nature beyond a facilitation process, and as this process has taken place, we are closing the file...Although we cannot take further action on your behalf at this point, we are retaining your complaint in our files for future reference..."
 
Sincerely,
 
Faye Allen
Customer Service Representative

Update: January 10, 2009
 
On January 10, 2009 I received correspondence from the State of Georgia, Governor's Office of Consumer Affairs. The letter states in part
 
"...Our office has received the enclosed complaint from Mr. Fred L. Nance Jr. regarding your debt collection practices for an account numbered xxxxxxxxx9116 indicating Bank of America as the original creditor. The consumer is alleging harassment and/or inappropriate communications from your company, and particularly that you are not contacting the correct party...
 
The Georgia Governor's Office of Consumer Affairs enforces the Fair Business Practices Act...which prohibits unfair and deceptive practices in the context of consumer transactions. Our enforcement powers allow us to conduct civil or criminal investigations, issue subpoenas, assess civil penalties up to $2,000 per day for violations, and pursue violators in court...
 
This letter serves as notice that a violation of the Fair Debt Collection Practices Act...is also a violation of the Georgia Fair Business Practices Act...
 
Please also review your records and provide to this office a written response to the specific allegations of this consumer within ten business days. If the matter has been resolved, state the precise manner in which it was resolved...."

October 20, 2008
 
Joseph & Stephens Associates
5150 Stilesboro Road, Suite 610
Kennesaw, Georgia 30152

Re:       Bank of America 4673671189116

Joseph & Stephens Associates:

Please be advised: During the first week of October 2008, Mr. Steve Larrimore called me threatening and intimidating me and my family with litigation regarding this account. Mr. Larrimore informed me he had reason to believe I owed a debt for this account. I informed Mr. Larrimore I did not have nor have I ever had an account with the Bank of America. I asked Mr. Larrimore to give me some details about this debt, and why he believed I owed this debt. Mr. Larrimore refused to elaborate on the account, stating since I did not want to take ownership of the debt he would start litigation against me. I informed Mr. Larrimore since he was not going to discuss this alleged debt with me, that he should call me anymore. Mr. Larrimore informed me I would be receiving litigation paperwork in the mail at the end of October 2008.

On or about October 14, 2008 I received a letter of settlement on this account suggesting I owed a current amount of $4,838.38. The letter states a settlement offer of $3,139.04 with a settlement date of October 24, 2008. On or about October 16, 2008 my daughter received the same letter at her address. I do not live with my daughter. On October 20, 2008 I called and left a message for Mr. Larrimore. Mr. Larrimore returned my call and refused to give me any information on this account, which he is charging me with being delinquent. Mr. Larrimore informed me that since I did not take ownership the litigation proceedings have gone forward against me.

Wherefore the foregoing, if I receive any litigation papers in the mail or by any other means of delivery I will proceed with a counterclaim stating threats, intimidation and defamation of character to start. I will be seeking damages for legal fees, court costs and any and all other remedies the court of jurisdiction deems necessary and appropriate for the willful, nefarious and deliberate acts complained.

Respectfully submitted,

Fred Nance Jr.

cc:

Court of Jurisdiction

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