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HVAC Scam

Discussion in 'Consumer Fraud & Scams' started by NickT2020, Aug 18, 2020.

  1. NickT2020

    NickT2020 Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I am from TX. I recently had a AC issue. I called a company and they did the initial diagnosis and mentioned that there is a leak in the Evaporator coil. They gave me an estimate of $1600. I asked the technician if he would do a leak search and he said that they workers who will come to install the coil would show the leak in the old coil. The workers who came next week just installed the new coil and did not do any leak testing. When I called the owner, he started abusing and harassing. I did not make the payment and told him that I will work with the online portal via which I hired him. The owner has filed a Class A misdemeanor charges against me. What are my options now ?

    Should I just make the payment without any fight back ? Should I wait for the police to hear my side of the story ? I called police to file a case for harassment and Fraud but they said that my case is a civil case. When I asked why a case was filed against me, the officer said that the case filed by HVAC owner is also a civil case and should not have been filed. But, since the case is on the book, I should wait for a detective to get back to me.

    I have been scammed but the HVAC owner is bullying his way to get the payment without providing any reasoning on why a leak test was not done before installing the expensive coil. He is reasoning that why I let the workers into the house when I did not wanted the coil to be installed. I did let the workers inside my house but when they entered the house, they were not carrying the coil and I asked them whether they would do a leak test and they said yes. They went in and out of the house multiple times and I did not see them take the new coil with them or get any confirmation from me.
     
    Last edited: Aug 18, 2020
  2. adjusterjack

    adjusterjack Super Moderator

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    Your first option is this: When law enforcement approaches you, you keep your mouth shut and get a criminal defense attorney. Start explaining yourself and you'll explain yourself right into a conviction.

    As to the dispute, well, did you get that leak test written into the contract? Were you present when the work was done so you could insist that the workers do the leak test and show you the results?

    My guess is that you will end up paying the bill and learning a lesson from the school of hard knocks about dealing with contractors.
     
  3. NickT2020

    NickT2020 Law Topic Starter New Member

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    There was no contract sent by the contractor. I was present when the work was done but they moved ahead with the coil install without letting me know. When you say "Conviction", does this mean that it will go on my record even if I make the payment now?
     
  4. Zigner

    Zigner Well-Known Member

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    If you are convicted, yes. However, paying now may be an option. You should speak to an attorney to avoid having a criminal record.
     
  5. mightymoose

    mightymoose Moderator

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    Is there AC now working?
    Do you have the old past?

    If you were watching them I can't imagine how they got it replaced without you seeing it.
     
  6. NickT2020

    NickT2020 Law Topic Starter New Member

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    AC is working now but not sure if the AC was just low on refrigerant. So, a work for $200-$300 was done by replacing the coil for $1600.
    When I say, I was present, I meant that I was in the house but was not with them in the attic due to the coronavirus and I was assuming that they would call me when they are ready.
     
  7. Zigner

    Zigner Well-Known Member

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    You called the contractor, asked him to fix your AC, agreed to the work, and now your AC is working. I'm not seeing the problem.

    EDIT: Oh, except now you want to stiff the contractor.
     
  8. NickT2020

    NickT2020 Law Topic Starter New Member

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    Not sure how to put my perspective. Take this example.

    If you take your electric car to a showroom and tell the dealer that you have a problem. The dealer says that the battery MAY need replacement. You ask him for how much the replacement would cost. The dealer gives you a price. You ask him to go ahead and fix the car but ask him to show proper evidence before going ahead with the battery replacement.

    Since, the dealer has your car, he replaces your battery right away without doing test on the battery and tells you that the car is fixed now. The car is fixed but you have to pay for expensive battery replacement when the problem may have been something else.
     
  9. Zigner

    Zigner Well-Known Member

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    Let's use your example:
    After the repair is done, your Tesla operates perfectly. The problem was solved by the battery replacement.
     
  10. NickT2020

    NickT2020 Law Topic Starter New Member

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    The problem could have been a loose wire or a blown fuse. Isn't it a scam if you replace parts without proper diagnosis and then hold the customer responsible for the payment ? If I give you access to my property doesn't mean you can do whatever you want and stick me with a bill. I specifically requested to show be the testing results.
     
  11. Zigner

    Zigner Well-Known Member

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    You have no evidence that they improperly diagnosed your AC.
     
  12. mightymoose

    mightymoose Moderator

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    Can you tell if a new coil was put in? Did they take the old one?
    Do you not have a home warranty to cover this? This is a perfect example why you should get one.
    Without some evidence that the cool was not replaced or that it was replaced unnecessarily without testing I don't see you have much of an argument to make. The work was done, it's fixed, and the bill is due.
     
  13. Disabled Vet

    Disabled Vet Well-Known Member

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    You can tell if the AC coil was replaced... Go look..... Then if your AC is working pay the bill.
     
  14. welkin

    welkin Active Member

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    What are you being accused of (statute)?

    Exactly. It is a civil case. And so is the contractor's case.

    Into a conviction of what exactly?
    This is all over the top.
     
  15. Zigner

    Zigner Well-Known Member

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    I suspect that the OP was charged with theft of services (or something similar).
     
    justblue likes this.
  16. Zigner

    Zigner Well-Known Member

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