July 30, 2006

SEARS HOLDINGS CORPORATION: Consumers Beware of False Advertising and Disrespectful Managers

Update: August 7, 2006

Sears credited my account $50.00.

Update: August 5, 2006

On August 2, 2006 Ms. Vicki Evanich, Supervisor at Sears' Calumet City Illinois store reported she would be crediting my account for $50.00. My account has not been credited as August 5, 2006.

Update: August 2, 2006

At approximately 2:00 pm Ms. Vicki Evanich, Supervisor at Sears Calumet City, called reporting she would credit my American Express account for $50.00. After all this, Sears responds to the request for something that should have been done in the first place . What will the regular consumer suffer who does not have this avenue of approach toward their end? Businesses need to be fair and respect the consumer.

Update: August 2, 2006

Consumers Beware of the service representatives of Sears Holdings Corporation. This corporation controls Sears and K-Mart stores. Consumers need to thoroughly check their service agreements with any purchases made at Sears and K-Mart. In this matter, it appears the representatives of Sears are mis-representing their Sears Installed Merchandise Agreement. Please read my letter to the President and CEO, Alywin Lewis.

No one from Sears contacted me as reported by Sears representatives on July 31, 2006. Sears representatives informed me they would contact me within a 24-hour period after taking my complaint on July 31, 2006. The Sears store where I purchased this item is less than 3 miles down the street from my house. I faxed Ms. Evanich, Supervisor of this Sears store, a copy of the letter below on July 31, 2006. Ms. Evanich has not responded. On August 2, 2006 I called K-Mart/Sears corporate office speaking to Ms. Lois. I informed Ms. Lois I wanted to return this item. I requested information from Ms. Lois on how my money would be put back in my account and how will Sears pick-up the item. I informed her I would posting this letter now. Ms. Lois stated someone would call me today.

I have had a terrible time getting in touch with Mr. Lewis' office to voice my complaint. Ms. Evanich purposely mis-directed me towards getting this complaint to Mr. Lewis. The issues I have written about below are probably happening at all their K-Mart and Sears stores.

I talked to Ms. Lois on August 2, 2006 who reported the fax number I had to Mr. Lewis' office was correct, which is 800-326-0485. After I reported I faxed the letter below, Ms. Lois reports the fax with the letter below has to be routed to their office location. I informed Ms. Lois I would post this letter on my website. I called back to give my website address. I talked to Ms. Queen, who works in the same location with Ms. Lois. Ms. Queen reports she has no knowledge of a fax number for Mr. Lewis. I called back speaking to a Ms. Amy who reported I was calling the wrong place. Ms. Amy directed and connected me with Sears' Retail Store National Customer Relations.

I spoke to Mr. Adrian of the Sears' Retail Store National Customer Relations. I explained the circumstances of the letter to Mr. Adrian. Mr. Adrian reports I am not entitled to any reimbursement for the labor of a contractor who removed my dishwasher even though the removal and disposal of the old dishwasher was part of the Sears Installed Merchandise Agreement. In essence, I paid $129.00 to Sears to install my dishwasher. I was under the impression I was paying $129.00 to Sears for the removal and disposal of the old dishwasher and the installation of the new dishwasher. My contractor charged me $50.00 to remove and dispose of the old dishwasher because the initial installation person from Sears reported he could not remove my old dishwasher because of the floor tile. My contractor removed the dishwasher without removing the floor tile. I had my contractor remove the floor tile only because the Sears installation person requested the floor tile to be removed. When the floor tile was removed I called Sears Installation requesting them to complete the service, but requested they send someone else other than the person who stated he could not remove my dishwasher in the first place.

With all this knowledge of the circumstances, Mr. Adrian reports I have no right to a discount of $50.00. I requested Sears pick up their dishwasher and refund my money. Mr. Adrian reports he is putting a request into the store to pick up the dishwasher and refund the money. Mr. Adrian reports I will be charged a 15% re-stocking fee because I am returning the item. I informed Mr. Adrian I did not know of a re-stocking fee when I bought the dishwasher. Mr. Adrian reports it does not make a difference whether I knew or not, I will be charged a 15% re-stocking fee.

You, the consumer, decide if you want to shop at K-Mart or Sears. I refuse to be a victim in this matter.

July 31, 2006

SEARS
Mr. Aylwin Lewis, CEO
Hoffman Estates
3333 Beverly Road
Hoffman Estates, Illinois 60179

Re: Dishwasher purchase – Sales check #015102220525

Mr. Lewis:

On July 16, 2006 I purchased a dishwasher from your Calumet City, Illinois Sears store. I was informed by Salesperson JoAnn my installation would include removing and disposing of the old dishwasher and installation of the new dishwasher for $129.00. The $129.00 was part of the payment made on July 16, 2006.

I informed store supervisor Vicki Evanich I had to have someone come in and take 4 tiles up that were in front of the dishwasher before the old dishwasher could be removed, according to Sears Installation Representative Mr. Lewis. I employed a contractor. This contractor charged me $50.00 to remove the old dishwasher. I informed Ms. Evanich I should receive a $50.00 credit because Sears did not complete its agreement of removing the old dishwasher. Ms. Evanich believes I have no right to a credit.

I employed a contractor from M.A.W. Contractors, Inc. They came in removed the old dishwasher, and took up 4 tiles, which were in front of the old dishwasher. The contractor was able to remove the old dishwasher your service representative stated he could not remove, before he removed the 4 tiles. The contractor charged me $50.00 to remove the old dishwasher.

On July 30, 2006 I faxed over and hand delivered copies of the Interstate Installation receipt, the Sears Installed Merchandise Agreement (Agreement), the check payable to the contractors and the contractors invoice to Ms. Vicki Evanich. On July 31, 2006, at approximately 10:15 am, I called Sears attempted to discuss this issue with Ms. Evanich.

Ms. Evanich used as a defense for no credit Step 1-Complete Installation Checksheet stating a “Standard Installation.” I informed Ms. Evanich this “Standard Installation” states, in part, “…It does not include removing or disposing of your old appliance or fixture unless specifically noted.” I directed Ms. Evanich to the right side of my “agreement” where it states, “Deliv Instr: Remove and Replace.” Ms. Evanich re-directed me to “Standard Installation.”

I asked to speak to her supervisor. Ms. Evanich reports her supervisor, Mr. David Allen who is the Store General Manager, is on vacation. I asked Ms. Evanich who was Mr. Allen’s boss. Ms. Evanich gave me the National Customer Relations phone number 800-549-4505. I called this number talking to Lorraine, who took my complaint. I asked her for the President and CEO’s address and phone number. Lorraine gave me Mr. Lewis’ information. Lorraine informed me she was escalating this issue to the corporate office.

I called back because I forgot to give Lorraine the statement on the “Agreement” about “remove and replace.” I got Ms. Aliza this time. I gave Aliza this information. I informed Aliza I wanted to return the dishwasher I purchased. Aliza informed me I may be charged a 15% re-stocking fee. I informed Aliza there was no mention of a re-stocking fee on my “Agreement.” Aliza informed me it would be on the regular receipt from the store. I informed Aliza the only receipt I received from the store was the “Agreement.” I asked Aliza how could I be responsible for a fee I was not aware of until now. I asked Aliza to have the store fax me a copy of this fee statement. Again, the only receipt I received from Sears is the “Agreement.” I did not receive any other type of receipt for this purchase. This may have been an oversight because this purchase took place at the close of business on Sunday. Security had to let me out of the store.

I called Ms. Evanich again requesting this additional information by fax. Ms. Evanich and I continue to stay stuck where we were at the beginning of this writing. Ms. Evanich wanted to read me a document she said I signed about the installation. I requested she fax me a copy so I could see what she was reading from. Ms. Evanich stated I could not have a copy because it is provided to the installation people only. This statement by Ms. Evanich is absurd. I informed Ms. Evanich that I was refusing to hear the reading of this document if she could not fax me a copy.

I requested information about the District Manager, who Aliza told me was in place. Ms Evanich never informed me there was a District Manager when she informed me Mr. David Allen, Store General Manager, was on vacation. Ms. Evanich informed me the District Manager’s name is Denny Hobbs. I asked her for his phone number. Ms. Evanich stated she did not have his phone number. Ms. Evanich stated she would do me one better and call the National Customer Relations Department and put on a three-way call. This is ludicrous.

Finally, Sarah called who reports she is an advocate. Sarah reports she was confirming with me she was emailing the appropriate personnel regarding my complaint. I informed Sarah I wanted to return the merchandise purchased. I informed Sarah I did not receive any information on a 15% re-stocking fee. I informed Sarah I would await the 24-hour period to be contacted before requesting to return the merchandise purchased. I requested and Sarah provided me with the phone number to you, which is 847-286-2500. I called and requested your administrative assistant because I respect you have other more important issues to address. I spoke to Ms. Lois, who reported she was one of your administrative assistants. I requested she confirm your fax number of 800-326-0485. Ms. Lois confirmed this is your fax number.

Sir, if I returned this merchandise how can I be charged a 15 % re-stocking fee if I was not aware of a re-stocking fee upon purchase? I learned of this 15 % re-stocking fee first when I visited Sears’ website. I visited Sears’ website to research the President and CEO of Sears. I wanted to make sure the information I received from Ms. Lorraine was correct. I wanted to make sure I had my information right before I post this letter to my website.

Sir, I want to report I am very distressed about this purchase. I was told one thing about the installation and now I am getting a mixed message about the installation. I did not pay much attention to the “Agreement” because of the pleasant and professional demeanor of Salesperson JoAnn. I just believe what she said. I did not pay much attention to getting any other receipt besides the “Agreement” because of the demeanor of the Salesperson. I did not expect anything to go wrong. This is what I operated on taking this purchase.

I informed Ms. Evanich, early on in our conversation, that I was a Social Policy Analyst. I also informed her I would post this letter on my website so I could affect whatever future sales Sears may have because of how she was addressing me. I informed her I wanted the general public to know how Sears “really” operates and treats their customers.

Ms. Evanich did not care. Why does Ms. Evanich report she does not know her District Manager’s phone number and address? How can a supervisor of one of Sears’ stores operate effectively not knowing how to contact their next in command? I am sure when a manager is away on business or vacation they provide their supervisors with the necessary information to carry out business optimally. I will await posting until the 24-hour period has elapsed, as a courtesy to Sears.

Respectfully submitted,

Fred L Nance Jr., ABD, MA, CADC, NCRS


cc: http://clickforjusticeandequality.blogspot.com/ or C.L.I.C.K. for Justice and Equality
Ms. Vicki Evanich
Hard copy in the mail without attachments, and fax copies to you and Ms. Evanich with all attachments/documents mentioned in the 4th paragraph of this writing