here are the Emails
In a message dated 7/23/2007 5:15:36 P.M. Eastern Standard Time,
customerservice@servicemagic.com writes:
Thank you for your email. We are sorry to hear that you are
refusing to pay the balance at this time. We will make a note of this
and copy this email to your account. If there are problems with the
amount due, please contact customer service by calling 1(877) 947-3639
to review any charges to your account and resolve any issues with the
balance. Please remember that the balance is still due and should we
not receive funds, we would be forced to direct this to a third part
collection agency.
Again, per your email request which was received and processed
on 7/02/07, your leads had been turned and are currently scheduled to be
off until 9/01/07 per your email on 7/06/07. However, we do not show
record of any previous request to turn your leads off or otherwise place
your account on hold. Your current invoice reflects charges for leads
received during invoice periods 06/20/07 - 06/26/07 and 06/27/07 -
07/03/07, before your leads were turned off. You should see this
reflected on your billing statement. Your itemized account information
is available online 24 hours a day, seven days a week. If you have any
questions, please don't hesitate to contact us. Thank you for using
ServiceMagic.
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(and my responce)
In case you didn't get it per the last email. Here is my official response and position again.
This would include to and beyond the Sept Date of having my leads re-activated. Which I am also maintaining I do NOT want to happen
I am hereby severing any and all responsibility financially or other wise to Any future leads or fees sent to me. Including those that may be sent to me at any future date.
Our agreement is officially null and void. It in effect and fact. No longer exists
You have now been properly and duely notified.
It is claimed by service magic that "we do not show
record of any previous request to turn your leads off or otherwise place
your account on hold.
Yet in spite of this I had received zero leads for several months leading up to this.
I have requested a reason several times as to why if this was indeed the case, and have yet to see an explanation.
Therefore one must either surmise that either my leads were indeed turned off in spite of your lack of records to the contrary.
Or Service Magic has been negligent in it obligation of sending me leads as per the same agreement it is now attempting to hold me to.
If the latter were the case. according to my calculations based on the ratio of return on the types and scope of leads I was getting prior .Service Magic now owes me the amount of $550 and quite possible considerably more for loss of potential business incurred due to the lack of leads sent that it was supposed to and didnt..
If my leads were not turned off then I should have been receiving leads all along during the months I didnt. In which case Service magic owes me leads or monies for loss of potential business. In which case I owe Service magic exactly $0 unless it can prove that no leads were available in that time period in my subscribed area (which I highly doubt it can do)
I do not owe this money regardless of what agreements you quote.
I did not agree to pay for leads being sent when my leads were not active.
Again. they werent active or I would have been receiving leads all along. I was not regardless of what your records do not show. Your records are wrong.
And again. I will NOT be responsible,legally or financially for any further leads you send me.
I do not want them. Do not send them.
Again. In case you did not read it in its entirety the first time
"
I am writing to legally inform you that I am no longer accepting ANY leads presented to me by service magic or any of its associates,representatives,or any affiliation with Service magic in part or as a whole.
That Any prior agreements made are to be considered now null and void.
That I am no longer to be bound to any and all terms and agreements made between myself and service Magic as a whole.
I will no longer accept nor be held responsible legally,financially or otherwise for any future leads or fees presented to be through Service Magic or any of its entities or representatives.
I have requested and have not received a reason why. if my leads were not turned off. Why I did not receive any leads for several months.
If my leads were indeed not turned off and I did not receive any leads for several months then Service magic did not live up to its obligations as per your own pricing plan provisions? (perhaps you should be sending me money for the leads service magic didn't send resulting in potential loss of business opportunities)
Further more per your own terms and conditions I did not accept the customer leads in question.
If fact I notified service magic that I was not accepting them. Therefore Service magic is not due any monies from these leads which I did not accept. And any future monies for leads I am notifying you I will no longer be accepting
Further more I have tried on several occasions to have my account canceled to prevent any future leads and fees which might also be mistakenly sent to me. Which Service magic has refused to do.
Therefore I have no choice. Again. I am legally notifying you that I am to be considered no longer bound by any and all agreements made between myself and Service magic.
That I will no longer be legally, financially or otherwise be held responsible for any and all future leads or fees Service Magic might choose to direct at me.
I have made every fair and reasonable effort to resolve this to our mutual benefit.
Short of paying for leads I should not have gotten and therefore do not owe
Service magic has steadfastly refused to even attempt to be either fair or reasonable.
I have attempted unsuccessfully on numerous occasions to contact service magic by phone to attempt to resolve this issue to no avail."
Furthermore I will not be calling any number presented to me as previous attempts have been unsuccessful.
I do find it very interesting though how when I came to signing me up for Service Magic. The ease I experienced in getting through which could often be measured in moments.
yet when it comes to resolving a potential problem I am either placed on hold by an automated system for an unreasonable amount of time. Or said system hangs up on me and drops the call.
very interesting indeed.
Regards,
Thomas Mendez sr
