Thanks for the suggestions and I have made note of same; they are excellent.
A few more tidbits without letting the HUGE evidence out of the bag… the phone message left by the owner of this chain of dealerships was quite caustic and she had the nerve to tell us in the message that we had wasted their time and energy at 16 (?) visits (the audiologist had no clue as to how to program the Unitrons). They owner was party to the discussion that came up with the revised $350+ quote on the exchange (this, after the Unitrons had been REPLACED by Unitron for obvious reasons, after a year of attempting to get them working right and the replacement units arrived and were DOA!!). At that point, when we had said emphatically that we did not want to see another set of Unitrons, the Unitron rep wanted to come in to see if they could settle the matter. Sic. We had already researched and come up with the Phonak Audeo V’s as our chosen replacements. They were ordered in and the audologist had no clue as to how to program them. We had to make multiple visits AGAIN and demand that the Phonak rep be present for our last visit, at which time they were properly programmed and we could not be happier with them.
Any restocking fee from Unitron is of no concern to us but I will endeavor to find out if , in fact, they were charged a restocking fee. Why is it of no concern to US? Simply because the product never worked properly and the replacement product sent out by Unitron after about ten visits was DEAD ON ARRIVAL. Sic. I cannot believe that Unitron would charge a restocking fee unless the audiologist was grossly incompetent and at fault. Make sense?
Oh… after getting some legal advice from our attorney, these folks up near Markham and Stoufville would be insane to allow this to go to small claims court.
My wife’s vocation depends on a license that is heavily safety based and without a reliable set of hearing aids she is simply NOT permitted to work. In fact, it is a CRIMINAL offense to do so knowing that your hearing aids are not working 100%. If your hearing aids stop working you are obliged to inform the duty manager and refrain from further work until the issue is corrected. Ultimately, my wife was in a series of training sessions when her hearing aids failed yet again and as a result was, in essence, terminated as they needed other “operators”.
We have a letter from the government detailing this. Period. Loss of income? You betcha. Only the tip of the iceberg. You cannot counterclaim nor sue for such things as ‘pain and suffering’ or ‘psychological trauma’, etc. in small claims court. Our attorney will be quite happy to escalate this to a higher court in order to bring a claim/counterclaim into play. He knows the full story, has seen all of the evidence (which we cannot reveal here for obvious reasons) and feels the case is “slam-dunk” but the ultimate payout (to us) is a matter for a judge or JP to decide.
Now, we are not ordinarily folks that like to take this route and, in fact, I cannot recall having filed a claim against ANYONE ( and we have had plenty of cause and opportunity over the years) in more than 20 - 25 years. We don’t like strife, aggravation, bother. Better things to do in life. But after the caustic and insulting message left for us by the owner of this dealership up in the Markham/Stoufville area, we are raring to go. And if there is any hint of libel or slander involved (and we will find out in court should it go that far), we WILL chase this dealership and the owner to the four corners of the Earth. We take great pride in our family name. It is all that we can really leave to our children after all.
Fact is, the last time we took anyone to court, 25 years ago, it was the result of a publication printing a letter from a subscriber calling us all sorts of bad names. The publication did not bother to check and the fact of the matter was that the allegations were untrue - they had purchased a piece of defective equipment from us and were complaining that they had been royally “done”. Fact of the matter was, that we had offered them either a replacement with an extended warranty OR a full refund including shipping and any costs incurred. As we always did, for any customer with a problem. And as we still do today (although we are out of that particular business operation, having sold it a few years ago). In essence? Satisfaction guaranteed or money cheerfully refunded. Which is what we thought we were dealing with with this dealership in the Markham/Stoufville area… but it appears not.
In any event, when the invoice was finally demanded of them and subsequently received, we could make neither heads nor tails of it. It has line items that are in ‘code’ and only the writer of the invoice might understand. It matters not. What matters is what we were quoted and what we were promised and the trouble we were put to. Heck, we even had to pay $20-25 for parking in their parking lot each visit! (Methinks a judge might want to roll their eyes at this).
I think the suggestion of a letter/email to the President of Unitron might be a good idea as they will most certainly be named in any claim/counterclaim; but more so because I do not think they need or want the bad PR.
If it sounds like I am a little more than ticked off you are right. One does not expect this from a government regulated industry… let alone one that is funded heavily by government subsidy (and which we are supposed to benefit from). Nada.
Any further suggestions or experiences would be most appreciated, either posted or by PM. Thanks very much.
Murray
