We have had work done in the past by Westenberger Tree Service and have always been very happy. Well, what a difference now! Westenberger Tree service refused to honor a cancellation of a contract for taking down a tree. I had emailed them through their link on their webiste within 24 hours of signing a contract on 3/24/2015 at my home. Serveral weeks later, a country official showed up at my door with a $50 permit the company had pulled for the tree to be inspected and approved for removal. When I contacted the company, I was told their email system hadn't worked in some time, that they had tried to fix it but that it was still broken and they had never received my e-mail. Because they didn't receive my cancellation, they wanted me to reimburse them $50 for the permit. I did not think it was my responsibility that they had not received my cancellation because of a known broken e-mail system that they kept on their home web page. The company disagreed, even after I offered to split the permit cost with them, and threatened legal action against me.
This is what happened: I am a recent widow. Tim knew my husband (as did Loren, the original owner, when he was alive). Mandy I had talked to each other many times over the phone over the years. They both had heard that my husband had died in February. On 3/24/15, I was out at the end of my driveway getting mail when I saw them both across the street working at a neighbor's house. Mandy and Tim both came around to to see me and offer their condolences. While I was talking to them, I asked Tim if he had a minute to identify a tree in my back yard that was dropping berries that were making both my dogs sick. Tim did so and identified it as a Camphor Tree, which he said was indeed is toxic to dogs. I asked Tim if he had any suggestions, as we had never had this problem before in the 10 years we had lived there. I asked Tim if this could be a cyclical event or a one time unusual production of berries. I was very anxious, as my dogs could not be let loose in the back yard with all those berries and I am disabled. Trying to care for the dogs without the availability of access to a fenced in backyard was almost impossible. Tim replied that he could remove the tree and trim another tree for $1325.00. I saw no other choice, so I signed a contract for that amount right there in my yard. Tim left, saying he would be in touch with me about the process. The next day, less than 24 hours after signing the contract, I rethought the situation and emailed Westenberger Tree Service and cancelled the contract. Given that the tree had already dropped all its berries, I decided to keep it for a shade tree for the summer and then take it down in the fall.
The e-mail of 3/25/15 read: "Hi Mandy! It was nice meeting you on 3/24/15. I appreciate all your words of sympathy and understanding. It always helps to talk to someone who has "been there". I'd like to cancel the $1325 contract I signed on 3/24/15. I've decided to leave the tree there for the summer and then take them down in the fall. Please call me at XXX-XXX-XXXX if you have any questions. Jeanne".
I am disabled, in part, due to a severe jaw injury, so I try to use email when it is available, as it is painful to talk. As Westenberger's Tree Service had their e-mail listed on their website as a way of contacting them, I sent the above note through e-mail (which I have a copy of). On April 2nd, 2015, someone from the country came to my door to check my tree with a permit that had been pulled (for $50.00) by Westenberger Tree Service. I was shocked, as I knew I had cancelled the contract within 24 hours. I immediately called Mandy at the office. Mandy reported to me that their company e-mail had not worked in months, that they had been trying to fix it but it was still broken, and that she did not receive my e-mail cancelling the contract. Mandy stated that it was my fault, as I had not followed up on the e-mail with a phone call. I responded that if their e-mail account had been inoperative for months, then their website should not have continued to list it as a contact option. Because my husband and I had always been happy with Westenberger Tree Service, even though I felt no legal obligation, I offered what I thought was a reasonable solution: we would each pay half of the permit fee ($25.00 each) and then re-connect in the fall when I was ready to have the tree taken down. I fully expected them to agree, especially since I intended to do business with them in the near future. To my surprise, the offer was refused in anger. Not only was my offer refused, but legal action was threatened. I told Mandy that I believed I had three days to cancel the contract given that Tim had just come over to identify a tree for me and then offered me a price to take it down - which I believe comes under the home solicitation definition. Mandy disagreed and I asked her to have Tim call me. I assumed Tim and I could work this out easily, but I was wrong. Tim did call me the same day (4/2/15) and I explained the situation. I again offered the $25 compromise. To my surprise, Tim also refused the $25.00 & threatened legal actions. Tim and Mandy's tone and threats were totally unprofessional, especially given I was a long time customer. Not only that, but Tim called me back a second time on 4/2/15 telling me that I had it all wrong - that according to his "research", I should have written them a certified letter canceling the contract and so the company didn't have to honor an e-mail cancellation. I'm not a lawyer - and neither is Tim - but I had the Attorney General's web page in front of me as I talked to Tim and I told him this as I read out the requirements listed to cancel this kind of contract (only a verbal response is required - the rest is just suggested). Tim said that wasn't true and said now that they would also be charging me a 10% cancellation fee and would seek legal action if I did not pay this and the permit fee. At that point I just said good-bye to Tim, as it was clear that the conversation was just deteriorating and I did not want to be threatened any more.
I would like the company to waive the $50 permit fee, as well as the 10% cancellation fee, in writing. I feel that I have fulfilled my responsibility in cancelling a contract within 24 hours in writing. If Westenberger Tree Service had an active e-mail link on their website as a way of contacting them, it was their responsibility to either make sure the e-mail service was working (which they knew it wasn't, according to Mandy), or they should have removed this link until their problem with e-mail had been solved. Why would a company offer an e-mail link to contact them if they knew that their e-mail system had not been working for months?
I did contact the Better Business Bureau first, but Westenberger Tree Service failed to respond to them. I would like Angie's list to try and intervene with Westenberger Tree service and resolve this dispute. Thank you.