Finally heard back from New Vision...
All,
I finally heard back from New Vision yesterday (via e-mail sent on 10 Aug). Thanks to my paralegal skills and my contact law and ADR classes, I was able to resolve the issue through some negotiation. They came back with an offer I though was fair and reasonable. I accepted to continue service despite having to place our unsightly trash bags on the curb until more totes become available. We'll see how the rest of the service holds up...
If you are interested in doing the same, below is what I did to resolve the issue. This is considered friendly neighborly advice (not to be misconstrued as legal advice or pro-bono paralegal work). Just one neighbor helping nother....
In my demand letter, I first stated the issue(s) or the complaint.
Then provided the facts (i.e. dated signed contract, what was discussed, by who it was discussed, and where New Vision failed with their contact; basically, who, what, where, and how...), and how I tried to resolve the issue with no success (i.e. phone calls, conversations, with who.). Save your personal feelings and rants for another forum. As much as I wanted to lash out irrationally, I knew it wouldn't help my cause.
Moreover, I included a demand statement. A demand sample is provided below if you want to use it...feel free to modify as needed. However, any large cash settlements, I get 1/3, and at least 7 billable hours...for all my butt pain this issue has caused lol I wish I could charge for billable hours in the air force... all the overtime I put in, I'd be rich
Your taxpayer dollars hard a work...my earning most likely totally the same salary as flipping burgers...3 more years left until retirement, yay! Anyway, back to the subject.
Please Note: If New Vision provides an offer of free service for inconvenience, and if you signed up
by 31 July, you are already entitled to
a month's free service, in addition to their offer. If you should accept their offer, be sure to include that in your acceptance letter, so you are not trying to resolve that later... I had to send a corrected acceptance immediately following my previous one.
Disclaimer: In no way does the demand statement sample or the contents of the blog represent legal advice in any way shape or form or cause the person submitting the blog to act unethically as outlined in the National Bar Association's Code of Ethics for Paralegals
SAMPLE:
"It is demanded that New Vision Trash provide compensation to NAME and ADDRESS for the # days (to wit: DATES) New Vision failed to carry out their part of the contract (to wit: collect the trash at the above-mentioned address on the schedule days and deliver a 96-gallon trash can); in addition to any other missed trash pick up dates that may occur until this issue is resolved or the service is terminated.
It is further demanded that a 96-gallon trash can, property of New Vision, to be used by the customer for the duration of the contract and trash service is provided by New Vision Trash & Disposal, as outlined in the contract.
If these issues are not addressed in five (5) business days, more stringent action will be taken."
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Sorry about the disclaimers, I've got to cover my backside. Good luck with fighting the good fight....now back to my ADR final exam essay
Sincerely,
Janel