tales archive1

Consumer Tale - PC Repair Delay    (submitted by site visitor) 

SITUATION:
brought my PC to a well-known specialty retailer to boost my memory. I purchased a new 128MB RAM card. The employee in the repair department removed the case of my PC and started to putter around. When he had installed the new RAM card, and put back the case, the PC would not boot.

I waited two hours while the employee tried, in vain, to fix the problem. He said a detailed diagnosis would have to be performed. Two days later, he called to advise me that he would have to order a part to repair my PC. He called me again a few days later to inform me that the part he had ordered was the wrong one, and that he was now ordering the correct part. A few more days elapsed and I received a call from the same employee to advise me that my PC was still not working.

At this point, the employee indicated he was sending my PC to the manufacturer to be repaired. Four weeks have passed since then and I still have no answers and no working PC. Sadly, I have been paying for my internet service all this time. Do I have any recourse for the loss of use of my PC and the internet charges? Can you please help me?

Note: this is an edited version of a tale recently submitted by JM

OUR ADVICE:
Is your PC still under warranty?

Wow! Are you ever a patient person. Why should you have to wait four or five weeks?

We suggest that you contact the regional manager of the retailer and tell him/her what has transpired. Also, we recommend you contact the PC manufacturer's local offices to speak to the general manager, and let him know too.
 
We believe you are definitely entitled to compensation. If the PC is under warranty, you may be able to convince them that you should immediately be given a brand new PC of equivalent value, unless they return your PC in perfect working order immediately. I think it will be somewhat difficult to get money to cover your internet services. If your PC is out of warranty, you still have a claim since you mentioned it was working when you brought it in to the retailer.

In either case, it seems the retailer and the PC manufacturer can both be held responsible for the delay. If you do not get fair compensation within, say three business days following the calls we suggested above, you may consider filing a complaint at the l'Office Protection Consumateur. You would be surprised how effective this can be.

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Consumer Tale - Laptop Defect    (submitted by site visitor) 

SITUATION:
I purchased a new laptop computer towards the end of June. All went very well for the first three weeks, but then the laptop stopped working. Upon reading the instructions manual, I called the manufacturer for technical support. They quickly determined that my hard drive had crashed. The representative indicated that a new hard rive would be sent to me immediately. I was not happy about the offer, but I felt there was no other choice. I received the new hard drive by courier within a couple of days.

I called technical support to assist me in installing the new hard drive, including the drivers, all software etc. This turned out to be a very slow process. When the drive was supposedly fully re-installed, I tried to access my e-mail through my dial-up account, but there was an error message indicating no modem exists. I immediately called the manufacturer, and was advised that this had nothing to do with them, and I should call my Internet Service Provider. After having me do a few verifications, my ISP determined that the manufacturer had not helped me re-install the modem driver.

Fortunately, a friend was visiting later the same day and he was able to re-install the modem driver, so I could once again access the internet. However, I quickly noticed that the internet access seemed to be much slower than when I first got my laptop. I called my ISP who directed me to perform an operating system update on-line, which took many hours.

Finally the laptop seemed to be working OK. However, I am not comfortable that my laptop hard drive has all software, drivers, etc. as when shipped from the factory. I feel that I should have been offered a new laptop, to replace mine. Can you please help me?

Note: this is an edited version of a tale recently submitted by TC

OUR ADVICE:
In our opinion, since the hard drive failed within three weeks of purchase, the manufacturer should be willing to provide one of the following remedies: 1. provide a brand new laptop; or 2. pick up your laptop at your home or office, by courier, at their expense, and make the necessary repairs themselves to get the laptop back into "factory condition", and then return it to you, by courier, at their expense.

To achieve one of the two results we have indicated, talking to a regular customer service representative will likely get you nowhere. We suggest you contact someone that handles complaints for the executive office, such as an executive assistant to the president, etc. Be polite, but be very persistent on what you want done.

RESULT:
The consumer followed our advice and did get in contact with an executive assistant. The latter refused to replace the laptop with a new one. However, the consumer insisted that the manufacturer put the computer back into "factory condition", per our remedy 2. above, as quickly as possible, at their expense. The executive assistant agreed.

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Consumer Tale - TV Defect    (submitted by site visitor) 

SITUATION:
I purchased a high-end rear projection TV from a local retail store in March 2003, at a cost of $9,500, which included a two year extended warranty. In January 2004, the TV started to have green scan lines running across the screen. This problem was repaired in February, but it reappeared in April. The TV was repaired again, but the same problem reappeared for the third time in June.

Following this last occurrence, I spoke to the sales manager of the retail store a few times. During each call, he advised that there was nothing the store could do, and he suggested I call the TV manufacturer. Finally, I tried to speak to the manufacturer's regional sales manager, but his receptionist deflected my call, and she asked me to call the manufacturer's service manager. I tried to call the latter on two occasions and I left a message in his voice mail box each time. I never received a return call.

ACTION TAKEN:
I decided to do some research on the internet and determined that the model of TV I had purchased has a defect that could not be repaired. Next, I went to the local Consumer Protection Office and filled out a complaint form, directed at the TV manufacturer, stipulating they had a ten day timeframe to reply. I wanted a full refund.

RESULT:
Seven days after my complaint was filed, the manufacturer contacted me to discuss my options. They offered me: (a) an upgrade to a new gas plasma TV set of equivalent size (which would have required an additional payment from me to the manufacturer of several thousand dollars - the gas plasma set was much more expensive than my TV set) or (b) a full refund for my defective TV set. I quickly decided upon option (b) and insisted the full refund be sent to me by courier. Transport arrangements were quickly made and my TV set was returned to the manufacturer.

A few days later, I received a full refund by Purolator. 

Note: this is an edited version of a tale recently submitted by SL, Montreal

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Consumer Tale - Fast-Food Meal   (submitted by site visitor)

SITUATION:
We recently visited a well-known fast-food restaurant near our home. We ordered a family-size garden salad with chicken. The restaurant's take-out menu clearly indicated a 15% discount would be given for take-out orders. When we paid, and looked at our receipt, we saw that the 15% discount had not been applied. We asked the restaurant employee working at the take-out counter about this and she informed us that the discount did not apply to what we had ordered. No where was this fact stipulated, either on the menu board or the take-out menu.

When we got home, and proceeded to eat the food we had purchased, we immediately noticed that there was literally only a tablespoon of chicken in our salad. We were upset and very disappointed.

We prepared a letter and sent it to the restaurant, explaining what had transpired and indicating we would have great difficulty recommending the restaurant to our friends. We have not yet heard from the restaurant.

Note: this is an edited version of a tale recently submitted by PL, Montreal

OUR ADVICE:
Try to get the telephone number of the head office and the name of the president or owner. Then, call and ask to speak to the owner. You can mention and refer to your letter. Be very polite.

We would expect the owner to offer you a gift certificate for the poor service. If the owner's response is not appropriate and acceptable to you, you may want to re-iterate what you said in your letter concerning not recommending the restaurant to your friends. There are, in fact, many other places to go that do give good value and service. Sadly, in general, we run into very rude, indifferent and unfriendly service many times. The easiest solution is to not go back, and tell as many other people about your poor experience.

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Consumer Tale - Car Remote Entry System    (submitted by site visitor)

SITUATION:
I have a 2001 automobile known for its quality and reliability. The battery recently died and the car was towed to my dealer's parking lot by an employee of a towing company, contracted by the car manufacturer. Before the employee started towing my car, he had opened the hood, and using my keys, had tried, without success, to start my car. During the actual towing process, there was a loud scraping noise.

The battery was changed at the dealer's service department. When I picked up my car, I immediately noticed my remote entry system, that unlocked the car doors, was not working. A service department technician tried to reprogram my car and the two remote devices, but they still did not work. Everything was working properly before my car was towed, including the power locks and the remote entry system. Now, after the tow and a battery replacement, they were not operational.

The dealer's service department advised that the broken parts were no longer under warranty, as my car was over three years old. The dealer also maintained that the malfunctioning parts had nothing at all to do with them, the tow itself or the towing company. By the way, it turned out that the tow had, in fact, scraped my tail pipe.

I called the customer relations representative at the dealer and related all that had transpired. Within a few hours of my call, the representative called me back. He advised that the tail pipe damage was really only a minor scratch and it was not a problem. Next, he indicated the dealer was prepared to install a new remote entry system, including two new remotes, all free of charge, except for half the required four hours of labour (i.e. I would only have to pay for two hours of labour at $70.00 per hour, plus taxes). Why should I have to pay anything? I had no idea how to proceed.

Note: this is an edited version of a tale recently submitted by SP, Canada

OUR ADVICE:
We advised the consumer as follows: a) contact the head office of the car manufacturer and b) contact the owner of the automobile dealership, relating what had transpired, to each party. In our opinion, the malfunctioning parts seemed directly attributable to something the towing company's employee did to the consumer's car. Hence, the car manufacturer, who contracted the towing company, should be held responsible.

RESULT:
Today, the consumer, who had followed our advice, sent us an email. The car manufacturer refused to do anything, saying they had no involvement in the matter. However, the owner of the dealership immediately offered to absorb the two hour labour charge, providing the consumer with a totally free repair. Needless to say, the consumer was very happy with the outcome.

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Consumer Tale - Car Repair    (submitted by site visitor) 

SITUATION:
I took my eight year old car to the dealer and asked for a wheel alignment which was being offered at a special price. A verification of the suspension was included. The work order stipulated that my car vibrated and made noise when driving over bumps in the road.

The dealer's service department tightened the outer tire rods (apparently loose), replaced the caliper seals and completed the wheel alignment. The total bill was $636.57.

I picked up the car and soon noticed the exact same problem. I went back to the dealer. The service technician and I went for a road test. The technician witnessed the vibrations and heard the noise from both the front and rear ends of my car, whenever driving over bumps in the road.

Since I was going on vacation for ten days, it seemed like a good idea to leave my car with the dealer, as they would have plenty of time to fix it. Upon my return, I had a message from the service technician on my home voice mail advising me that my car needed new rear shock absorbers (estimated at $675.00) and the front end needed a bushing for the stabilizer bar (estimated at $130.00). Hence, the total price for this work would be $805.00.

I called the technician to advise him that the rear shocks had been replaced at another service station last fall, and hence, they were still under warranty, which I would pursue later at this service station. I told him to replace the bushing for the stabilizer bar.

I picked up my car the next day and was presented with a bill for $280.00. I mentioned the estimate for $130.00. After spending almost fifteen minutes on his computer, the service consultant found some errors in the labour charge and adjusted my bill. The revised total was now $161.54, which included a charge of $47.97 to inspect my shock absorbers.

I mentioned that the recent wheel alignment special included an inspection of all four shock absorbers. The service consultant said that inspection was only a quick visual one. My current charge was for the labour required to remove all four tires, perform a thorough verification of the shock absorbers and replace all four tires. This verification had determined that the rear shock absorbers had to be replaced.

Next, I returned to the service station that had replaced my rear shock absorbers last fall. They advised that my shocks were fine, but my rear bumper was loose. So, I went back to the dealer to advise them accordingly. At first, the service consultant said this was impossible. However, they soon determined that the rear bumper was loose. They quickly agreed to fix it for free.

It turned out, after all the repairs, my car still had a vibration in the front end when driving over bumps. I returned to the dealer. They gave me a new estimate for $1,214.74 (which apparently included a 10% discount) for parts and labour to fix the front end vibration problem and they also wanted another $485.12 to fix the front shock absorbers.

I picked up my car at the dealer later the same day and left with the latest estimate. Obviously, I was totally frustrated by this time and I did not know what to do next. Finally, I brought my car to yet another service station. They did a road test and said my car only needed new front shock absorbers.

I immediately had this service station's service advisor contact the director of "after sales service" at the dealer. The latter's response was that my car had made noises when it went over bumps, the car was eight years old and that all of the repairs done at the dealer had been necessary. Any new noises are new problems.

Sadly, the only thing fixed properly at this point, a great deal of time and money later, was my car's back bumper and wheel alignment. Can I get a refund from the dealer for unnecessary repairs, lost time and a great deal of aggravation?

Note: this is an edited version of a tale recently submitted by JS, Montreal 

OUR ADVICE:
When car is eight years old, unfortunately, many expensive things can go wrong. Once the original warranties expire, you might be better served to take your car to a private garage, having an excellent reputation, at the very least, for a second opinion.

In our opinion, the dealer should have been able to tell you, in advance, what the total cost of all required repairs would be to completely fix your eight year old car. Then, you could have decided to proceed or not, etc.

It may be worth trying to contact the dealer's owner, relating what happened to you, to see if he is prepared to offer you any compensation. The owner is the person most concerned about his dealership's reputation. If nothing is offered, or the offer is unacceptable, you could request a refund in the amount you believe is fair, based upon repairs: a) you believe had no value because the dealer did not fix the problem, b) were done in error, c) were not justified, etc. 

Your experience is one of the best reasons why people prefer to lease a car for three or four years, with full warranty, and return the car at the end of the lease, to the dealer. No one enjoys the type of repair surprises described in your tale.

Sadly, in our experience, it is very difficult to get any compensation for wasted time and aggravation, but you could still try. If you feel very strongly that you have been wronged, and you do not get the type of compensation from the dealer that you feel you deserve, there is always small claims court.

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Consumer Tale - Salt, Pepper, or Mouse?    (submitted by site visitor) 

SITUATION:
We went to a well-known steak restaurant to eat dinner. We ordered our food, and were enjoying our conversation. My friend looked at me and calmly said "Oh, look at that", pointing to the holder for the salt and pepper. I immediately looked at the spot to which he was pointing. Sure enough, nestled in the holder was a mouse. The mouse suddenly scampered away from his hiding spot.

I got up from my seat, and searched under the table. My friend thought this was all very amusing. I wasn't laughing and was, in fact, somewhat stunned. Six people were eating at a table near us, and one of them became very curious, asking if we had lost something. We quickly uttered a "no, but thanks for asking". We didn't want to create a scene and alarm the entire restaurant. Our waiter approached and I quietly related to him what had transpired. My friend picked up his jacket, only to see the mouse tumble out and disappear again like a flash.

The restaurant manager came over and said our meal was on the house, while thanking us profusely for handling the situation so diplomatically. He offered each of us another meal of our choice, free of charge, but we graciously declined. Also, he insisted we attend the dinner show, as his guests. The manager explained that many banquet guests had recently been leaving the doors to the restaurant ajar, and there was a large vacant field adjoining the restaurant parking lot. Hence, the little visitor.

Note: this is an edited version of a tale recently submitted by JG

OUR COMMENTS: 
We have never met any one who would have reacted as calmly as your friend and you. Actually, the offer of free meals and show tickets was really the very least the restaurant could propose. This is especially true, considering what had transpired and the way you and your friend handled it.

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Consumer Tale - Car Stalling    (submitted by site visitor) 

SITUATION:
Last Saturday, I was driving home when suddenly, without any warning, my car just stalled in the middle of the road. I called a towing service and had my car towed to a well known automobile service centre, where my car remained for a few days. On Tuesday morning, I received a call from the manager of the service centre. He advised there was nothing wrong with my car, and it had started right away. I paid $70 for what was called a verification. On Wednesday, the car stalled again, and I had it towed to the nearest car service centre, resulting in more expense and inconvenience.

The mechanic put a voltmeter on the alternator. Within five minutes, he told me the alternator was out of order, even though the battery warning light on the dash was not lit.

Clearly, the first service centre did a very poor job and should at least refund my $70. Thus, I called the manager to request a refund, but was told a verification had been performed and the $70 fee was justified. What can I do?

Note: this is an edited version of a tale recently submitted by PV, Montreal

OUR ADVICE:
It seems that the first service centre did not do a proper verification. If they had, they would have certainly checked the alternator, as you mentioned was done at the second service centre.

Although you should expect to pay for the tow, we feel that you are right to expect that the first service centre should definitely refund your money for the verification, as they were did not identify the problem and effectively gave you no value.

In our opinion, you should find out the name of the owner of the first service centre, if possible, or the general manager, at the very least. You may also try the head office, as they should not want to jeopardize their reputation for a $70 mistake. Describe what has transpired, and see if they offer you a full refund. If not, you can tell them you intend to call the Better Business Bureau to report this incident. This may change their minds quickly.

There are better choices for car service and repairs. It may be worth your while to do a little research to find the names of the best privately-owned garages. In our opinion, these may be a better option once a car is out of the warranty period.

RESULT:
The consumer followed our advice. After a few visits to the service centre and a few telephone calls, the consumer received the $70 refund.

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Consumer Tale - Children's Clothing Store    (submitted by site visitor)

SITUATION: 
My husband, two children and I recently went shopping at a well-known shopping center looking for some children's clothing and shoes. We spent some time in a children's clothing specialty store, with my children trying on clothes and shoes (not exactly a favorite activity for young children). We selected various items, including a pair of shoes. Unfortunately, store personnel offered no sales help whatsoever. In addition, when we asked if we could return "sale" merchandise, since one of the items we intended to purchase was a gift, the store associate we asked did not know the answer and had to go ask a cashier.

After spending some time in the store, we proceeded to the cash and stood in line. There was one woman at our cash, three more people behind her and then us. The woman at the cash was returning some items, and the resulting transactions were taking a lot of time.

Not once did the cashier ever acknowledge any of the other customers waiting in line by saying the current transaction could take a while and maybe we should all move to another line, and she did not try to ask the store manager or any other associate for help. Fifteen minutes later, the customer immediately in front of us left in anger (we managed to get her name and telephone number). After another five minutes had elapsed, my husband became very upset and my kids were whining relentlessly. My husband asked to speak to the store manager (who we had not yet seen once during the entire hour we had been in the store).

The store manager came to see us after a few minutes. We told her that it was unacceptable for us to be waiting in line at the cash for twenty minutes. The store was not excessively busy and there was no reason for such a delay, we maintained. We suggested that the manager should have been on top of things and been aware that one of the cashiers was having difficulty with a client's transactions. Clearly, another store associate should have noticed the customers waiting so long to pay and taken us to another cash line or opened an extra cash line. (By this time, another customer also left without her goods as she too was extremely frustrated.)

The store manager was extremely rude and sarcastic. She advised us that she could not be everywhere in the store at the same time, and that she could not stay at the cash all day, as she was very busy. She said if we were not happy, there was nothing she could do about it, since she insisted her store was extremely well run.

We left the store feeling that the store manager could not care less about our business.

Note: this is an edited version of a tale recently submitted by LW, Montreal

OUR ADVICE:
Sadly, we have also run into the type of experience you have described. The easiest solution is not to return and to tell as many people as you can about your poor experience. It is quite amazing to get this type of service, as business is so tough today, and success is all about giving good service.

We suggest that you try to get the name and telephone number of the store owner. Call the owner and describe your experience. The owner may have an appropriate response, and may even try to make it up to you in some way. If not, you can mention you will not return, and that you will go out of your way to relate your poor experience to everyone you know, etc.

RESULT:
The consumer, who sent us this tale, took our advice and was able to get in touch with the store's district manager. The consumer sent the district manager the same email that had been sent to us.

The district manager responded with an apology letter, indicating she was looking into the matter. Also, she sent the consumer a 20% discount coupon and asked the consumer to give the store a second chance.

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Consumer Tale - $10 Bill    (submitted by site visitor) 

SITUATION:
Last week, I went to fill up my car with gasoline. I paid the cashier in cash. She gave me the appropriate change. I did not take a receipt and left. The next day, I tried to use my change from the prior day's gasoline purchase, only to be told that the $10 bill I had just handed to the store clerk was a counterfeit bill.

I do not know how to proceed and would like your advice. This time it is only a $10 bill, but I would like to avoid a similar problem in the future.

Note: this is an edited version of a tale recently submitted by NI

OUR ADVICE:
The person who told you the $10 bill was counterfeit could be wrong. The best action is to take the $10 bill to your bank. Ask them if it is real. If it is, you have no problem. If it is not, ask them how they can tell, and if there is an easy way you can tell if a bill is counterfeit or authentic. This may help you avoid this type of issue in the future.

Also, in the future, you may want to consider using a credit card for gasoline purchases and at places where there could be a lot of cash transactions (e.g. small convenience store, dollar store, etc.)

Even if you had gotten a receipt from the gas station, you would have had a problem proving the $10 bill now in your possession was actually the same one you got as change from the gas station cashier a day earlier. If this is the first time this has happened to you, consider yourself lucky and hope that it does not happen again.

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Consumer Tale - Grass Cutting    (submitted by site visitor)

SITUATION:
I recently signed a contract to cut my grass every Thursday. I sent the contractor six postdated cheques, dated the first of every month. Since the start of my contract, May 1, 2004, the contractor has only cut my grass twice. I have called the contractor several times to find out what was going on. I was advised that they were coming to cut the grass the same day, but no on came. What can I do to get my money back for the two cheques already cashed? How do I cancel my contract and get back the remaining cheques?

Note: this is an edited version of a tale recently submitted by SD 

OUR ADVICE:
1. Call your bank and stop payment on all remaining cheques not cashed, starting with July 1, August 1, etc.

2. Send a registered letter to the contractor wherein you state you are terminating the contract and why, that you have stopped payment on the four remaining cheques from July 1 on, and that you would like a refund for half of May and all of June since the grass was only cut twice. (You likely will not get this refund, and there is not much you can do about it, but at least you can try.)

3. You might want to leave a sign on your grass indicating the name of contractor and that they should not cut your grass. The message on the sign should be in a language that the contractor and his workers understand.

4. Should you decide to hire another contractor, before you do, make sure that they have references that you can call and check yourself, to make sure their service is very good. You should always check references for any contractor, for any type of work, before you hire them or sign any contract.

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Consumer Tale - Chrome Mag Wheel   (submitted by site visitor)

SITUATION:
I brought my car in to a Tire Service Center to have a tire mounted on my wheel. The wheel is an $800.00 chromed aluminum mag wheel. When they were done with the installation, I immediately noticed the chrome plating was completely flaked off the mag wheel in two places. I pointed out this damage to the supervisor.

I went back a few days later, after the Tire Service Center manager had talked with his boss, to find out what they were going to do about the damage. The manager sent one of his employees outside to verify whether the damage was caused during the installation. The employee soon returned and confirmed that it was indeed their fault. The employee further admitted that the day the installation of the mag wheel was performed on my car, they were unable to find the proper pry tool. Instead they had used a metal pry tool. The proper tool was made from a rigid plastic. At this point, the manager asked me to come back the next day to make arrangements to have my damaged mag wheel re-chromed.

Upon my return to the Service Center the next day, I received some very upsetting and surprising news. Yesterday, the same manager, although admitting fault and promising to repair the damage, now advised they would not fix it. He now maintained the Tire Service Center was not accepting responsibility for the damage.

The sole reason I came to this type of supposedly "professional" Tire Service Center in the first place, as opposed to a small unknown corner garage, was to specifically avoid this kind of damage. The mag wheel was from a set of four wheels purchased approximately one month ago for $3,200 plus tax. These mag wheels are considered an "OEM" part, meaning their quality is of the highest standard. I desperately need advice that may help get the Tire Service Center to accept full responsibility for the damage.

Note: this is an edited version of a tale recently submitted by DJ 

OUR ADVICE:
We suggested the following, as the first and best thing to try: DJ should contact the Tire Service Center's Canadian or US head office (note: the Tire Service Center is very probably a franchise store). DJ can probably get the required contact information via the Internet. He should ask to speak to someone like the manager of customer relations. DJ should relate his consumer tale and insist on either getting a new mag wheel at no charge, or having the damaged mag wheel repaired. The Tire Service Center does carry the franchisor's name and that is the main reason DJ went there in the first place. Hence, in our opinion, the Franchisor's head office is certainly involved in some way and should have responsibility to see that DJ gets fair and proper compensation. There is a very good chance the Franchisor's head office will help resolve this issue to DJ's complete satisfaction very quickly.

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Consumer Tale – Sun Life Insurance Claim Error

SITUATION:
About two weeks ago, I helped my daughter, a full-time university student, prepare and mail her prescription drug insurance claim to her insurer, Sun Life Financial. On the claim form, we clearly indicated that my wife’s insurer, also Sun Life Financial and considered to be the first insurer, had already paid part of the drug costs, which were supported by the receipts we had attached. We were claiming the portion not paid by the first policy.

Yesterday, my daughter received a letter from Sun Life Financial, which explained hat she was not entitled to any additional payment. The reason given was that my daughter appeared to be already covered by Medicare.

Later that afternoon, I contacted Sun Life and spoke to a customer service representative named Melissa. I told her what had transpired. She checked the relevant information on her PC, advising me that the records confirmed that my daughter was 65 years old and was covered by Medicare.

ACTION TAKEN:
I asked Melissa to tell me my daughter’s date of birth, which confirmed that my daughter's age - 22. I also told Melissa my wife’s Sun Life policy number, which confirmed Sun Life Financial as the primary insurer, and asked to speak to Melissa’s boss, a customer service manager named Griselda.

I told Griselda what had transpired, and she promised to investigate the error immediately and get back to me within twenty-four hours. I asked her, considering the circumstances, to expedite the entire process to make sure that my daughter received the payment to which she was entitled, by the end of the week. Also, I insisted that Sun Life issue a letter to my daughter, confirming there had been an error and that all relevant personal information had been corrected.

RESULT:
Today, a Sun Life Financial claims supervisor, Annie called me to advise that she had confirmed that a claims examiner had made an error, which was now rectified. A cheque would be mailed out tomorrow morning, along with a letter to my daughter, apologizing for the error and all the resulting confusion, and confirming that all erroneous information on file had been corrected.

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Consumer Tale – New Spa Promotion

SITUATION:
A few weeks ago, my wife bought a promotion package for a new spa, which offered several spa treatments, at an introductory discounted price. The promotion coupon specified that the purchaser must call the spa within ten days to book the treatments. Thus, my wife called the spa within two days of purchase, but only got a recording. She left a message, but no one called back. She tried a few days later, still within the ten days, and got a recording again.

Two weeks later, my wife called the spa, for the third time, to try to book the treatments. This time, the spa owner answered. My wife mentioned the coupon and asked to book the treatments. At first, the spa owner said that it was past the ten days grace period from the original date of the coupon purchase, and hence, the coupon was no longer valid. My wife quickly explained she had tried twice within the ten day grace period, and had left a voice mail during the first call, but had never received a return call.

The spa owner agreed to book the treatments, but there was no availability until August, at the earliest, over two months from now. My wife said this was not acceptable and asked for a refund. The owner said that a promotions company was solely responsible for selling the coupons, and hence, the spa would not issue a refund. The owner also advised that the promotions company had sold 500 coupons, and was only authorized to sell 50 coupons, which had resulted in a flurry of bookings for treatments plus no availability for at least several months.

ACTION TAKEN:
My wife then called the promotions company and explained all that had transpired, to a sales representative. The latter insisted that the spa had indeed authorized them to sell 500 coupons and that the spa owner was lying. My wife said that she wanted a full refund and any issues involving the spa and the promotion company were not her concern. She also mentioned that her husband had a consumer advocate website. The sales representative asked my wife to wait on the line while she spoke to her boss.

RESULT:
The sales representative returned to advise my wife that a full refund would be issued immediately. My wife received a cheque late last week.

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Consumer Tale – MasterCard Error

SITUATION:
Several years ago, I received our MasterCard statement (for a joint account for my wife and me) and noticed that an entry corresponding to a recent merchandise return to a major department store was appearing as a new charge, instead of as a credit.

I called MasterCard and reported the error to a customer service representative. I also mailed this representative a copy of our receipt, which clearly indicated a credit amount. We asked that the erroneous charge be cancelled.

A few days later, my wife was shopping in Holt Renfrew and purchased a few articles. When it came time to pay, her MasterCard was refused. The store cashier called MasterCard immediately at our request, since my wife insisted there had been some error. MasterCard confirmed that our card had been cancelled. They instructed the cashier to take my wife’s card and destroy it, by cutting it in half. The cashier turned out to be a very kind and sensitive person, and seeing how upset my wife was, she decided not to cut up her MasterCard. My wife then offered another card or to pay by check. The clerk refused to accept either, which was understandable. Sadly, the line at the cashier included a few people that knew my wife, and they heard and saw everything.

ACTION TAKEN:
When I got home, and my wife told me about her experience, I immediately dialed the office of the president of MasterCard. I was soon speaking to the president’s executive customer relations manager, Diane. I described, in complete detail, what had transpired.

Diane advised that a MasterCard clerk had made an error processing the cancellation of the charge mentioned above, and instead cancelled the card account. I emphasized the inconvenience and tremendous embarrassment that MasterCard’s error had caused my wife.

RESULT:
Diane apologized and asked what I felt would be fair compensation. I requested the following:

1. Diane should immediately call the store manager of Holt Renfrew to explain exactly what had happened, and confirm this in a letter to the store manager, with a copy mailed to my wife.

2. The articles my wife tried to purchase at Holt Renfrew should be purchased for her by MasterCard and then sent to my wife, by courier, at MasterCard’s expense.

3. Diane should arrange for my wife to receive, the same day, a beautiful bouquet of roses, along with a letter of apology signed by Diane.

4. MasterCard should wave the next two years of card member annual fees, valued at $240.00.

Diane readily agreed to all of the above, and made sure my entire request was fulfilled very promptly.

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Consumer Tale – BMO Nesbitt Burns RRSP 

SITUATION:
Several years ago, after the Bank of Montreal had purchased Nesbitt Burns, a Nesbitt sales representative contacted us. He wanted us to open RRSP accounts at Nesbitt, and he wanted us to transfer our RRSP accounts to Nesbitt from another institution. As we were already long-term customers of the Bank of Montreal, he indicated that he was able to offer us a lifetime fifty-percent reduction in the annual RRSP administration charges, to induce us to make the transfer.

We asked that he put his offer in writing, with his signature, on Nesbitt Burns letterhead, which he did. We accepted his offer and have benefited from the fee discount ever since.

This past winter, we received a letter from a BMO Nesbitt Burns vice-president mentioning that this discount could no longer be honored, as the employee who granted it originally, never had the authority to do so. The letter mentioned that the current year’s reduction would be the last. Next year, and thereafter, the full amount would be charged. The letter ended with the words that “we hope this meets with your satisfaction…”, etc.

ACTION TAKEN:
We immediately sent the vice-president of BMO Nesbitt Burns a letter indicating that the intended action described in her letter did, in fact, not meet with our satisfaction. We indicated that we did not agree with her statement that the Nesbitt employee was not authorized to grant the fee reduction. We fully expected the reduction to be honored as per the original correspondence in our possession (we also mailed copies of the original “fee reduction” letters, received from the sales representative, to the vice-president). We also indicated that if the vice-president persisted with her plans to eliminate the fee reduction, thus breaking a BMO Nesbitt Burns written commitment, we would feel obliged and justified to contact the bank ombudsman and the Bank of Montreal executive offices.

RESULT:
Two weeks later, we received a telephone call from the vice-president. She apologized for not getting back to us sooner. She advised us that BMO Nesbitt Burns would honor the lifetime fee reduction.

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Consumer Tale – Aruba Vacation 

SITUATION:
A few years ago, we went to Aruba for a two week Christmas vacation and stayed at a very well known resort. The resort’s motto at that time, a motto which was prominently displayed on a huge billboard in the guest arrival area, was “You get more …”.

We checked into the resort at about 1:00 a.m. in the morning, and went directly to our room. We immediately discovered that there were insects in the room. We called the front desk to send someone right away to spray. Our room was on the main floor and the insects seemed to be coming in via a small gap under the front door. No one came to spray that night.

The next morning, and for the next five days, we contacted the front desk to send someone to spray. Sadly, no one ever came.

ACTION TAKEN:
On the morning of the sixth day, we called to speak to the resort’s general manager. He was not available, but his secretary advised that he would meet us just before lunchtime. At the meeting with the general manager, we described what had transpired and how our requests for room spraying had been completely ignored.

We told the general manager that the resort’s negligence had spoiled our first week’s vacation. We insisted that the room be sprayed immediately. Also, as compensation for the negligence, we requested a full refund for the first week’s stay ($1,500.00), but the general manager said this was not possible.

We were quite annoyed at this point. We told the manager that if we did not get the refund we had just requested by 5:00 pm that day, he would find us at the area of the resort where new guests arrived, carrying a sign reading “You get more…you get insects in your room”.

The general manager got quite upset with this and the meeting was clearly over.

RESULT:
At 4:30 pm, upon returning to our room from the beach, we found a sealed envelope that had been slid under our door. The envelope contained a letter, signed by the general manager, confirming the refund we had requested.

Also, we noticed that our room had been sprayed with insect repellent. The spraying was repeated each day for the balance of our vacation.

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Consumer Tale – Dell PC Flat Panel Monitor 

SITUATION:
I recently ordered a new Dell PC and a 17 inch Dell flat panel monitor. The Dell sales representative advised me that I would receive my order in approximately five business days. One week later, I received the Dell PC, but no monitor.

I immediately called Dell customer service and was advised that the 17 inch flat panel monitor was on back-order and there was currently no ETA. I reminded the customer service agent that I could not use the PC without the monitor, and that I had not been advised about the back-order issue when I originally placed my order. The agent’s response to me was simply “Do you want to cancel your order and return the PC?”. Her manner portrayed a surprising and unexpected cold-bloodedness, as well as a clear-cut case of total disinterest.

ACTION TAKEN:
Feeling quite stunned by the attitude of Dell’s customer service agent, I composed an email and sent it to Michael Dell, explaining, in detail, what had transpired. I guessed at Michael Dell’s email address from the format of the email address of the Dell sales representative who had originally sent me an email confirming my order.

RESULT:
Within a few hours, Michael Dell’s executive assistant, Ann Johnson, contacted me by email, and soon after that, I was able to get in touch with Ann by telephone. She apologized on behalf of Michael Dell for the poor service I had received. She thanked me for bringing the matter to the attention of Dell’s management and promised me that action would be taken quickly to help prevent a recurrence of what I had experienced.

Lastly, Ann advised me that she was able to locate a new 19 inch Dell flat panel monitor in Houston. As a gesture of goodwill and to compensate me for the poor service, Ann offered to send me this monitor by express courier, to arrive at my office within forty-eight hours. My cost would be that of a 15 inch model, representing a saving for me of approximately $700.00, before taxes. Naturally, I accepted Ann's offer.

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Consumer Tale – Las Vegas Vacation   (submitted by site visitor) 

SITUATION:
We recently booked, via our travel agent, a week’s vacation in Las Vegas, at Caesar’s Palace. We arrived at 7:00 pm, Las Vegas time and took a taxi to the hotel where we were booked. We confidently informed the front desk clerk that we had a reservation for today. The clerk advised us that our name was not listed in his reservation list. Upon further verification, he determined that we were actually booked a month from now.

Unfortunately, our travel agent had reversed the day and month of our reservation date, by mistake.

We told the clerk politely that we still needed a room, as we were here now. The clerk said he would love to help us out, but the hotel was, in fact, fully booked. It was Friday evening and the start of another busy week-end at Caesar’s Palace.

ACTION TAKEN:
We immediately asked to speak to the hotel manager. The latter indicated that there were absolutely no rooms available, and that all of Las Vegas was likely fully booked for the next several days. However, the manager said he would try his best to help us.

While anxious thoughts of spending one week’s vacation in one of Las Vegas’ “not-so-desirable” hotels ran amuck in our minds, we tried contacting our travel agent unsuccessfully.

A few minutes later, the hotel manager advised us that he had booked us into a brand new hotel, just off the “strip”. We ended up in a two-room suite, with a small kitchen. The accommodations were absolutely beautiful, but quite a bit more expensive than what we would have paid for a regular room at Caesar’s Palace.

The next day, we finally got in touch with our travel agent. We told him what had transpired. We pointed out that his mistake had given us a lot of needless anxiety, as well as costing us a lot of extra money.

When we arrived home after our vacation, we had a meeting with our travel agent. We presented him with a statement, fully supported by the appropriate receipts, for our entire Las Vegas vacation. The statement listed all of our expenses for air, hotel, food, entertainment and taxis.

RESULT:
The travel agent apologized and, in turn, presented us with a check for the full amount of our vacation.

Note: this is an edited version of a tale submitted by MK, Montreal.

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Consumer Tale - Nissan Maxima 

SITUATION:
Last Friday, we discovered that the driver's power seat of our 2002 Nissan Maxima was not working properly. It did not move forward at all. We called Spinelli Nissan (the same car dealership from which the car was originally leased). Unfortunately, they were not able to see us the same day and we were unavailable Monday and Tuesday; so we ended up taking the car in this past Wednesday morning, and leaving it for the day as instructed by the Spinelli service representative.

About an hour after we had dropped off the car, we were advised that the problem was a broken or defective switch which controlled the operation of the driver's power seat. The required part was apparently on back order and there was no "ETA".

ACTION TAKEN:
Upon receiving this news, we immediately called the head office of Nissan Canada and spoke to a customer service representative, telling her what had transpired. We advised her that having to wait two weeks for such a key part was unacceptable, as far as we were concerned. We wanted Nissan to get the part within two days or arrange to get us a "loaner" Maxima now to drive until our car was repaired in a few weeks. Later in the day, we called Spinelli Nissan and we were advised that the "ETA" for the part was now May 13, 2004.

When we picked up the car at the end of the day, Wednesday, we spoke to the general manager, Mr. Ronald Spinelli. He promised to look into our situation. We mentioned that perhaps he could obtain the required part from another Nissan Maxima and he said this might be the best solution.

We called back Nissan Canada and spoke to another Nissan Canada customer service representative, named Rose. Rose assured us that she would try her best to do something to help us.

The next day, Thursday, in the late afternoon, having heard nothing from Mr. Spinelli or Rose, we called Mr. Spinelli. He had no news, but was still working on it. He hoped to have a solution for us the following morning.

RESULT:
Around 3:00 p.m., Friday, Mr. Spinelli called to advise that he was unable to locate another Maxima of the same model year to be a source for the required part. However, he advised that our extended warranty plan provided for a free rental car ($35.00 per day, plus tax for a "compact" model), and he would personally pay the dollar difference we would incur to rent a car equivalent to the Maxima.

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Consumer Tale – Acura Compact Disk Player

SITUATION:
A few years ago, I signed a lease for a new Acura about twelve weeks prior to the date I wanted to take possession. For a small deposit, the Acura dealer was willing to hold the car I had chosen, which he had in stock. I mentioned to the salesperson that there would be plenty of time for the service department to thoroughly check my car from top to bottom, ensuring everything was as it should be (e.g. no paint chips, etc.) for the "delivery" date. The salesperson assured me that this would be done.

Twelve weeks later, I picked up my new car. The next day, I tried to load a compact disk into the compact disk player. It refused to load. The compact disk player was clearly defective. Needless to say, I was quite upset.

ACTION TAKEN:
I immediately called Acura’s head office in Montreal, advising a customer service representative what had transpired. Next, I called the general manager of the Acura dealer to repeat the story and to advise her that I had just called Acura to lodge a complaint. I emphasized that her service department missed catching the defective compact disk player, despite having twelve weeks to properly inspect and prepare my car. They obviously did not do a very good job. Now, their error was going to waste my time and energy unnecessarily.

RESULT:
Aside from promising to replace the compact disk player as soon as possible, the Acura dealer's general manager offered me various choices of compensation in the amount of $200.00 to make up for her service department’s sloppy work. I selected a no charge 24,000 kilometer check up.

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Consumer Tale – Sears Fridge 

SITUATION:
A few years ago, we purchased a new “top-of-the-line” fridge from Sears. Several months after it was delivered, one of the fridge’s door shelves fell on the kitchen floor. The result was broken glass from some of the glass jars that had been on the fallen shelf and significant damage to our new hardwood floor. We cleaned up the mess and put back the fallen shelf into the fridge door, noticing it did not hold firmly.

The next morning, we called Sears service and arranged to have a service call. The service man came and determined that the plastic tabs which secured the shelf were not strong enough to hold the shelf and its contents. He used our "instant hot" tap to heat the shelf’s tabs which allowed him to bend these tabs inwards. He replaced the shelf into the fridge and then checked the other three door shelves, adjusting all of their tabs, in a similar fashion. He told us the shelves would not dislodge as long as we never removed them from the fridge door, even for cleaning. We asked him to write this in his report, along with a note about the damage to our floor.

ACTION TAKEN:
The following day, we called the Sears store manager and made an appointment to see him. At the meeting, we described what had transpired and showed him a copy of the Sears service man’s report. We told the manager that, as far as we were concerned, there was a fridge defect. We clearly should be able to remove the shelves, from time to time, to do proper cleaning, without experiencing a problem with falling door shelves.

RESULT:
The Sears manager arranged to have a new fridge, of equivalent value, delivered to our home. The new fridge had a much better system for securing the door shelves. In addition, Sears reimbursed us, in full, for the repairs to our damaged kitchen hardwood floor.

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Consumer Tale – “Star Wars” Toy

SITUATION:
Many years ago, during the "Star Wars" craze, a large department store had an advertisement in a local paper for “Star Wars” toys. One of the toys in this advertisement was “Slave One”, the space ship that transported the frozen body of Han Solo. Han Solo was my son’s hero and “Slave One” was the toy he wanted the most. So, I promised my son, who was two years old at the time, that I would buy him this toy.

It was a cold and snowy Saturday morning when we headed out to the department store. Unfortunately, “Slave One” was not on the shelves. My son started crying, and in between giant sobs, he kept repeating “you promised dad, you promised dad”. I always kept my promises, so I felt very badly.

ACTION TAKEN:
I immediately asked to speak to the department store manager. He advised that “Slave One” was the only toy in the advertisement not yet received from their supplier. He apologized and told me there was nothing else he could do. My son was still crying inconsolably. I asked my son if there was another toy he would like instead, but he only wanted “Slave One”.

The following Monday morning, I called the department store’s head office to speak to the vice-president of marketing and described what had transpired.

RESULT:
The vice-president advised that “Slave One” was actually on back-order from their supplier, and would only be available later in the week. He thanked me for my call and for pointing out a flaw in their advertising. He also promised to do two things. Firstly, he would ensure that all of their future advertisements clearly stipulated that “we cannot guarantee the availability of advertised merchandise”, etc. Secondly, he would arrange to have a courier bring “Slave One” to our home, as a gift, the same day it was received at the warehouse.

My son received “Slave One” within the week and a father’s promise to his son was fulfilled.

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Consumer Tale – P.E.I. Golf Vacation   (submitted by site visitor)

SITUATION:
Several years ago, we booked a trip to a top-rated golf resort in Prince Edward Island, through our travel agent. The latter, in turn, booked our actual package through a golf package wholesaler. We arrived at the golf resort in the afternoon, after a drive of one and one-half days. As we approached the reception area, we couldn't help but notice the attractiveness of the main building. Unfortunately, our accommodations were not in this building, but in one of the thirty small cottages surrounding the main building. These cottages could be more accurately called “shacks”.

It was a hot day and we were tired from our drive. When we opened the door to the “shack” we had been assigned, we almost fainted. The room was very small and extremely warm. There was no air conditioning. There were flies buzzing around the room because the window had been left open.

ACTION TAKEN:
We immediately went back to the reception area in the main building. We politely advised the front desk clerk that the cottage was unacceptable and that we refused to stay in it. The clerk said there was nothing he could do. So, we asked to speak directly to the manager. The latter advised us that it was high season at the resort and that the main building was fully booked, as of tomorrow. The best the manager could offer was to book us into the main building for one night, and see if he could do something else for us the next day, for the balance of our stay.

We checked into our temporary room in the main building. We telephoned our travel agent to tell him what had transpired and to ask him to exert some pressure on the resort to get us accommodations in the main building for our entire stay.

The next morning we approached the manager to inquire as to our status. The manager had no news and asked us to check back with him later. We called our travel agent at least five times during the next several hours, insisting on some help. It was now late in the afternoon. We checked with the manager again, but he still he had nothing to offer. Finally, the numerous calls to our travel agent paid off. The golf package wholesaler called us and we advised him that we were leaving the resort immediately, to return to Montreal. We said we expected our prepaid golf vacation package to be completely refunded within two business days.

RESULT:
When we arrived back home and looked in our mailbox, we found a refund cheque for the entire prepaid amount.

Note: this is an edited version of a tale submitted by RC, Montreal; you can visit RC's web site at www.sports-wired.com/golf/

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Consumer Tale – Bose Radio 

SITUATION:
A few years ago, I called Bose Corporation to order, and pay for via credit card, a pair of Bose speakers for my PC. The cost of these speakers was around $100.00 US. A few days later, a UPS delivery man knocked on my door with a large parcel. The delivery man requested approximately $100.00 CAD to cover the shipping fee, duty, taxes and brokerage, based upon the value of the parcel.

When I opened the parcel, I was shocked to find a Bose radio, valued at $340.00 US, instead of the PC speakers I had ordered.

ACTION TAKEN:
I immediately dialed Bose Corporation’s toll-free telephone number and asked to speak to the manager of customer service. I explained what had transpired and indicated that I had not only received the wrong item, I had also just paid UPS much more than I should have for duty, taxes and brokerage. In addition, I mentioned that since I lived in Canada, and the Bose radio would have to be returned via UPS or equivalent to Bose Corporation in the United States, there would be complications involving export duties, shipping and insurance charges, etc. In short, I would be facing a real mess.

RESULT:
The manager of customer service thanked me for being so honest. He was well aware of the fact that I could have said nothing and just kept the much more valuable radio. He also indicated that there were two very good reasons why I was actually doing Bose Corporation a real favour, by reporting what had transpired. Firstly, another customer had likely ordered and paid for a radio and received my much less valuable PC speakers. Secondly, there was a serious problem in Bose Corporation’s sales order fulfillment department and my action would help their management team determine and rectify the source of the problem.

The manager of customer service told me to keep the radio as a gift from Bose Corporation. He also insisted on crediting my American Express card for the shipping fee, duty, taxes and brokerage I had paid for the errant radio delivery. Lastly, he mentioned he was shipping me the Bose PC speakers I had originally ordered, and that my only additional costs would be for the appropriate shipping fee, duty, taxes and brokerage.

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Consumer Tale - Braun Shaver 

SITUATION:
I have a Braun electric shaver I had purchased, along with a life-time labour warranty, for over $200.00 in the fall of 1994. In the fall of 2003, frustrated with the shaver’s greatly diminished battery re-charging capabilities, I decided to take my Braun shaver back to the store where it was originally purchased, Centre du Rasoir (The Shaver Centre), located in a well-known Montreal suburb’s shopping centre. I was fully expecting to be able to buy a replacement rechargeable battery, and have the labour covered by the lifetime labour warranty this same store had sold me with my original purchase.

Unfortunately, I was advised by a store clerk that such a replacement battery was no longer available from Braun. The clerk also mentioned that he found this surprising himself since he had, in stock, Phillips electric shaver rechargeable batteries for very old models dating back many more years than my Braun shaver. Sadly, he then told me there was nothing he could do for me.

ACTION TAKEN:
I returned home and immediately called Braun’s North American head office in the United States. I asked to speak to Braun’s president, who was unavailable. However, I did get to speak to his executive assistant, who transferred me to the manager of customer service. I told the latter my story concerning no replacement rechargeable battery being available for my Braun shaver. She promised to get back to me quickly. In the meantime, I contacted the head office of Centre du Rasoir in Montreal. I asked to speak to the vice-president of marketing. He took the call and listened as I related my story, including my earlier conversation with the president’s assistant at Braun's North American head office, etc.

RESULT:
The vice-president of marketing of Centre du Rasoir sent a brand new Braun electric shaver to my home, by courier, which I received within two hours of my telephone conversation with him.

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Consumer Tale - Air Canada Vacation - Cuba 

SITUATION:
We recently went on vacation to Cuba, which we had booked through Air Canada Vacations. In preparation for our trip, we had carefully read the Cuba vacation document that we had received with our tickets. The document contained a list of personal use items we were allowed to bring with us, and walkie-talkies were on this list. We felt that walkie-talkies would be great to have with us since the vacation resort complex, Playa Pesquero, at which we were staying, was quite large and our walkie-talkies would make staying in touch much easier, while we participated in various daily activities.

Upon arrival at the airport in Holguin, Cuba, every passenger had their hand luggage x-rayed by an airport security employee, and hence, they determined that we had walkie-talkies in our possession. We were advised that walkie-talkies were not permitted and they were confiscated (n.b. The walkie-talkies were ultimately returned to us prior to boarding our return flight home.) The confiscation resulted in some anxious moments and a great deal of paper work. The situation was unpleasant and the ensuing paper work, involving a customs official, was very time consuming. This was not the best way to start a vacation.

ACTION TAKEN:
Upon arrival at the Playa Pesquero resort, we advised the Air Canada Vacations representative what had transpired. In addition, upon returning home, we emailed Air Canada Vacations' customer service department, providing all appropriate details concerning the walkie-talkie confiscation, indicating it was a direct result of an error in their Cuba vacation document.

RESULT:
Some three weeks later, we received a letter of apology from Air Canada Vacations, thanking us for pointing out the misinformation with respect to walkie-talkies. They promised that their Cuba vacation document would be corrected, as soon as possible. Enclosed with their letter were three $100.00 travel credit vouchers, one for each member of our travel party, to be used within one year of issue, towards the cost of our next Air Canada Vacations package.

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