Consumer complaint received 2020-01-14
Company: Ridge & Valley Realty, Inc.
State: CO
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
In XX/XX/XXXX, my company entered into a service agreement with XXXX XXXX ( XXXX ) for trash disposal services at my place of business The original service agreement was for a 3-year contract in which XXXX agreed to pick up garbage at our location, every other week at a rate of {$45.00} per month for a 3-yard container. Additional pickups were charged at an agreed-upon rate of {$30.00} each and XXXX was responsible for the maintenance and supply of all equipment affiliated with the service. In the service agreement, XXXX included an evergreen clause by which the service agreement would be automatically renewed for 3 years if they did not receive a 90-day notification for termination of service. Additionally, XXXX stipulated that they must be given an opportunity to respond to the termination of service before service could be ended. In XXXX, XXXX, we attempted to cancel service due to multiple failures of XXXX XXXX to pick up trash as contracted and the regular increases in their trash collection rates. We were told by our sales rep on the phone that the contract had been renewed three months earlier in XXXX and that wed have to pay damages if we were to cancel. After continued poor service and increased rates, we conducted market research and discovered that XXXX XXXX was considerably more expensive than their competitors. In XX/XX/XXXX, we again spoke with our ( new ) sales representative who offered to reduce our rate, but was still unable to meet the offers provided by their competitors. We asked our sales rep to cancel our account and pick up the dumpster, however we were then instructed to submit a written request to cancel via certified mail. She also informed us that we would likely need to pay damages for cancelling the contract, however she had said that we would only pay an additional {$75.00}. 


In XX/XX/XXXX, we provided written intent via certified mail to cancel service as per the instructions listed in the Service Agreement. Shortly after receipt of our notice to cancel, I was contacted by phone by our ( new ) sales representative who asked about why we were cancelling. I explained that the service had been terrible, that pickups had been missed, that an entire month had gone by with a frozen lock on the dumpster which had prevented us from depositing trash into the dumpster and we had been sharing with our landlords. I also expressed my disgust in their predatory business methods and that there was nothing he could do to make it right outside of cancelling our service. I asked him to collect their dumpster at the next possible opportunity. The dumpster was finally collected by XXXX in XX/XX/XXXX and I paid the last invoice on XX/XX/XXXX. 

After making my final payment, I called XXXX customer service to inform them that they were no longer authorized to draw funds from my bank account and asked that they delete/cancel any financial access that they have to any of my accounts. I was falsely informed that XXXX did not have that capability and that I would need to cancel any automatic payments with my bank. I spoke with my bank and was informed that there was no automatic payment set up with XXXX XXXX and that I would need to cancel any automatic payments with XXXX. In XXXX, XXXX XXXX made an unauthorized attempt to draw funds from my bank account in the amount of {$350.00}. I was then forced to pay my bank {$35.00} to stop the payment and place a block on XXXX from accessing my account. I was later able to access my account at XXXX and cancel all automatic payments through their website, even though their customer service representative had told me that wasnt possible. I again spoke with XXXX on the phone and sent multiple emails telling them that they did not have my permission to access my bank account, yet XXXX continued to make attempts to do so. 

In XXXX, XXXX I received a collection notice and I have informed the collection agency that I intend on disputing the charges due to multiple breaches of contract on the part of XXXX XXXX. I am disputing the charges based on the following : 1. I was to pay XXXX $ XXXX for a 3-yard container with pickups occurring every other week. 

a. Pickups were often missed b. An entire month had passed with a frozen padlock on the container. I had called their customer service line, but hold times were in excess of 30 minutes. 
c. At the time I cancelled service, we were paying $ XXXX a 56 % increase from when we initiated the service agreement 2. XXXX is responsible for the normal wear and tear maintenance of their equipment a. On at least 3 occasions, I was charged {$15.00} to replace padlocks that had rusted b. On one occasion I was charged {$30.00} to replace not only our padlock, but also the padlock for a container that we were not responsible for. ( Our landlords also have a container with XXXX and we were charged {$15.00} to replace their padlock as well ) c. The padlocks used by XXXX are cheap and not weather resistant. ( Available at most hardware stores for {$2.00}, yet XXXX sold those to us with a 85 % markup ) 3. XXXX was authorized to charge {$30.00} for additional pickups a. On at least 2 occasions, XXXX charged us {$45.00} for an additional pickup 4. XXXX was authorized to make rate changes proportionally-based on increases to the consumer index, fuel prices, etc. Any other rate changes must have my consent, but at no time did XXXX ever contact me to ask my consent to rate changes. 

a. Between XXXX and XXXX the Consumer Price Index increased by a total of 15 % with an average annual change of only 1.3 % b. Between XXXX and XXXX, average fuel prices *decreased* by 3.2 % c. Between XXXX and XXXX WCIs rates for a 3-yard container with bi-monthly pickup increased by 56 % with rate changes increasing at predictable intervals at an average of 11 % per year. 

5. XXXX is in violation of Colorado Statue 6-1-105 ( Deceptive trade practices as described in sections 1 ( i ) and 1 ( l ) in which they offered contracted prices for contracted services that they changed within the first 6 months of service under this contract. WCIs rate increases occur with such regularity that XXXX surely knew that they would increase rates regardless of the status of fuel prices or the consumer index. 

6. Negative option plans or evergreen clauses as used by XXXX are often scrutinized as predatory business practices, especially given the 90-day, written cancellation requirement via certified mail, coupled with a requirement to work with WCIs sales team to work out other pricing options. Locking a customer into a 3-year obligation while continuing to raise rates at a regularly scheduled interval without any recourse for the customer is a predatory business practice.

7. XXXX currently maintains a D- rating with the XXXX XXXX XXXX and has dismal reviews from their customers who make similar claims about price gouging, unfair business practices, poor customer service and missed pickups. 

8. My current trash service through XXXX XXXX is charging me {$50.00} for weekly pickup from a 3- yard container, which is more than 75 % less than what I was being charged by XXXX XXXX 

To summarize, XXXX failed to meet their obligation to provide consistent trash pickup service at my place of business for the contracted amount. My rates were steadily increased without my consent and when I informed XXXX that they were no longer authorized to draw funds from my bank account, they deceptively told me that the issue needed to be resolved with my bank while they continued to draw funds without my approval. 

I was contacted by " creditsystemsinc.net '' to try and collect the debt and I disputed the collection with them in writing within the 30-day period allowed by law. Their response was only to tell me that the collection was valid and that I have to pay, however they did not provide me any validating information. 

I have disputed the collection with the credit bureaus on multiple occasions, however they too respond to me saying that the collection is valid. No one has responded to my claims about XXXX 's breaches of contract nor even acknowledged that there could be a problem.

Company response to consumer: Closed with explanation