Suing my DME for broken chair [long rant] w/ pictures

[Mac85]

I gave my quickie S646 SE for parts replacement in June of 2010 - new matrx backrest and new s/a footrests. They broke my joystick, busted my roho cushion, lost my old backrest and broke my chair - it doesn't go forward and back any more. Only tilt works.

My email - August 18th

To whom it may concern,
Please take a look at these attached images carefully.
Before Pinnacle picked up my chair it was functioning fine. I have videos
and pictures to prove that, The chair was in mint condition. As of now the
chair is in my garage. It will power on and off but won't drive, only tilt
option works. I took it for a test drive and it stopped.
The joystick got broken when you delivered it to RIC, and I even
pointed it out to Bert.
The swing away hangers are loose - even when locked My high-profile roho
cushion 18x20 was on it, and now Pinnacle delivered some cheap 20x20
invacare cushion that doesn't even fit the chair.
My old backrest that was on the chair is missing as well and I'd like it
back.
I don't know who worked on my chair but they did a TERRIBLE - VERY
un-professional job.
Please send someone to pick this chair up and fix these problems as it has
no use for me now.
Thank you.

DME'S Reply - Aug 19
I will have a driver at your house today to pick up the power w/c and I will
take a look at it myself. The driver will call you this morning when he
will come to your home. I will follow up with you what we can do to fix
your power w/c.

After no word from DME I sent another e-mail Oct, 19th
I'm just following our telephone conversation on Oct 18th about the repair
of my wheelchair. Pinnacle picked up my power chair on July 8th for
replacement of parts. While in RIC I've noticed that the joystick was broken
and Bert tilted the chair and disconnected some kind of a
fuse, all I heard was some sparks [sounded like something shorted out] from
my electrical experience. You returned the broken wheelchair with the
new Backrest, Leg rests and new joystick on August 15th. Following my email
on August 17th that the chair wasn't functioning right after you picked it up
for repair on August 18th. You delivered it back twice - while your
driver Tony tested the chair in front of me it kept stalling. You
replaced the joystick that you guys broke but that did not fix the problem.
I have been without my wheelchair the whole summer, I couldn't go out of my
house w/ my friends because of that. When are you going to repair my
wheelchair? How much longer is this going to take?

DME AUG19
I am taking this matter up with my boss today. Tomorrow I am going to sit
down with him and see if we can work something out to fix your problem. You
will hear back from myself or my boss in the near future about the problems
with your equipment.

MY REPLY - NOV 17 [DIDN'T HEAR A WORD BACK]
Hello Keith, I just wanted to ask or possibly get an update on whether my
chair is getting worked on [fixed].
Its been a month since Tony brought it by.

DME - NOV 17
I will see if my boss was able to get any parts from Sunrise. He said he
was working with his contact to see if there are any parts from different
vendors in different states. I will let you know today or tomorrow.

DME - NOV 18
I spoke with my boss and he called his contact at sunrise and nobody has one
available. We tried everything in our power to obtain one at no cost but
was unable to. He spoke with his contact and he said he would discount the
part at 20% and we wouldn't charge labor. That would leave the total cost
at 730.32. Let me know if you would like to proceed with the order.

MY REPLY
Thank you for your offer but, unfortunately I have to decline.

I have had my freedom to go outside by myself taken away since July 8th when Pinnacle picked up my power wheelchair.

When You picked up my power wheelchair iwas in perfect working condition, and it should be returned that way.
I would also like my original backrest and ROHO High profile cushion returned to me as well.

I will give you one more week to fix the problem, otherwise I will take this matter up in court.

DME - NO REPLY

Wheelchair before






AFTER


























What do you guys think??

[Timaru]

I think you need to consult a lawyer.

[Liz321]

Do they have one of those consumer reporters on your local TV?
I'd call them as well.
Emphasize your medical issues without a chair as well as your independence being taken away.

[NorthQuad]

Have you double checked the serial numbers? Is it even the same chair?

[jody]

you have been more than reasonable and they are slackers who dropped your chair.
rotten the way they replaced your expensive roho with a cushion that does't fit and is not as good for your bottom.

you should add false imprisonment to the list.

is there some other place you can take it to get an estimate on the cost of repair?

[jody]

Originally Posted by NorthQuad

Have you double checked the serial numbers? Is it even the same chair?

good idea.

[Patrick Madsen]

Yeah as T says; get a lawyer. Or, at least get the advice from one and possibly go to small claims court. There won't be any lawyers involved and the court has much more latitude in making a decision. Man, keep your documentation and everything in order.
I'm really sorry to hear this Mac. I have only one dme I can trust and he's in Vancouver Canada. The rest down here are lazy and never do service right. Hope it all works out.

Agree on geting some publicity for theere non compliance. Nothing gets things done faster than negative mass telling to the local population.

[jody]

I was going to suggest small claims, but I wondered about the cost of replacing the chair would exceed a small claim as most have a limit of $3000-$10,000 depending on the state.

I won both my small claims. the court cost was $65 and $85 to file them. the wait was about two weeks for a hearing, and the judges hate shitty services rendered.

you can go to your local district court to file your claim.

[Mac85]

Originally Posted by NorthQuad

Have you double checked the serial numbers? Is it even the same chair?

Yes, that is the same chair that they brought back, I went to small claim court and filed for 10k, I won't need a lawyer. I have a copy of the e-mails - pictures - and a video on my ipad. Will I need anything more?

[Mac85]

Originally Posted by jody

I was going to suggest small claims, but I wondered about the cost of replacing the chair would exceed a small claim as most have a limit of $3000-$10,000 depending on the state.

I won both my small claims. the court cost was $65 and $85 to file them. the wait was about two weeks for a hearing, and the judges hate shitty services rendered.

you can go to your local district court to file your claim.

I paid 260 bucks for court fees