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Level 1 Maintence / Dont Pay

1 Charlotte, NC, United States Review updated:

On 3/2/09 our office rec a call @ 3:23 a.m. asking if we could provide snow removeal service for them on over 14 properties of Exxon Mobile gas station sites. Well after several phone calls and emails we agreed to 30 day terms and prices for snow removeal, our office went and lease the equipment and place 3 employees with a truck and lease equipment on the properties that we agreed to remove the snow from and completed the work, they started the work at aproxametly 8:00 that morning and finished about 2:45 that afternoon.

On this same day after winding down, a represenative called our office at approx 6:00 and asked if we could go back out to the properties and place sand and salt mixture down, again after emials and phones calls we agreed to a price and went back to the properties and placed a salt and sand application to the properties. Upon gathering the materials and toold to performed the service we where then notified that we had to have work orders completed for services rendered or we would not get paid for service, this representative faxed this to a Fedex Kinkoes and we then had them filled out and signed.

After geathering some rest the next day, we promptly submitted the invoices for payment to this company with the signed and completed work orders for the services that we performed.

After 30 days our office had not recieved payment, so there fore we started to call and asked what the issues where, after 2 or 3 days we where notified that our invoice where extremely inflated and that was not what was contracted, however we where dealing with 2 representatives there on agreed to one price that morning and sent us out and the other called that afternoon and agreed to another, and since our comapny summmited everything on one invoice for all services performed that day, and the 2nd representative no longer was employed there, they acted as they where not responsible for the second service. After negotiations of 2 days we agreed to discount the 2nd service in half as long as they would remit payment promptly.

Now we are going on 60 days and have still not recieved payment, again the past 3 days we have been calling there office asking to speak with there accounting department, after being place on hold and being hung up on in the transferes and then asking to leave contact numbers and messages, we finally got intouch with a person in there accounting office. We have been told that we are schedule for payment of the negotiated discounted amount and that they had 45 days from that date to pay our company. I explained that the terms where 30 days, i was told that per our 1 time agreement that is stated that they had 45 days for payment. I explained to the lady we never signed a 1 time agreement nor did we have a written agreemwnt nor contract for the services, that it was in emails along with phone conversations and a signed work order where we provided services, and that there company would be responsible for the late fees over 30 days associated with this service of 10% of the unpaid balance per 30 days after completeion of the service.

Make a long story short here, I still have not rec my money, now they are claiming they will not pay with out this agreement form signed and our company agreeing to those terms. I will not sign such, I feel that I have enough proof to show that the services where orginally contracted for the amounts, and that we perfromed the services that where requested and that we are owed all the monies and late fees.

If I was a company and where contacted by this company ever again, I would perfer to just keep what money I have in my pocket and not spend it for these guys at this company will try everything in there power to not pay you, you hold your payment up for some type of form, or signature, or come up with some reason for not paying you.

I am in contact with an attorney in there corperate main state Dedham, Mass. and I am have already spoke with our attorney here in Charlotte NC. I feel that it will be a shame to have a company that is this large providing services for Exxon-Mobile, on of the largest profit making companies in the world, not paying the bills for maintence services that have been requested for the property. I am prepared to proceed with court proceedings and lein filing on the property untill all my money is paid in full with all late payments and will see it to the final end, and I dont care to spen $5, 000.00 to collect $3, 000.00 for a principle, for I will sue for my collection efforts also.

Respectfully

John Bevins
CEO of Big Boys Towing LLC.
d.b.a. Johns 24 Hour Towing

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Comments

  • Jb
      18th of May, 2009
    0 Votes

    Mr. Johanna,

    First, thank you for your prompt reply. It is always important to keep communication viable through any process. I do appreciate that you felt it best to respond directly, for I feel Charlie Citrone has been nothing but professional and helpful through this entire process. As far as the “One time service agreement” with that confusion I am glad it has been resolved.

    As for the other confusion, I am understanding through our dispatching services that we offer how wires can get crossed and mislead, for I know we have error on our own. Such as the case this was only one portion why I choose to discount the total service rendered, the other portion was for prompt payment.

    Now with that said, it is my stature and meaning that when our service was contacted and agreed to provide services on the wee morning hours on March 2nd 2009 I noted that all our services where on a 30 day term, and that our company could not make any deviation for such in our accounting software for certain clients, it would either make every invoice we have age at 45 days or our standard 30 days (Which is a Standard in most all business). Like you all of our clients are set on 30 day terms, all unpaid balances are age at 30 days with a 10% late payment applied to all unpaid balances on the anniversary of the 30 days. Our office takes pride in taking assurance to our commercial clients of prompt invoicing as such our office faxes each work order ticket completed within 72 hours to our clients with a written individual invoice, between the 1st and the 10th our office prints out each run order and prints a summary statement of the month with previous balances owed and any late fees assessed and applied. Such said you account was created on 3/3/2009 all invoices where entered and we mailed the 1st to your office by United States Postal Service Priority Mail on March 6, 2009, in addition we faxed such invoices to (781) 355 – 4055. According to the USPS website http://faq.usps.com/eCustomer/iq/usps/request.do?create=kb:USPSFAQ&view()=c%7B12adaeb0-57e2-11dc-51b6-000000000000%7D such parcel should have been delivered no later than March 11, 2009. I feel that from the invoices being marked and stating “Payment is due within 30 days.” Then it should have been made priority on Level 1 Maintenance Inc to promptly pay such or correspond with such company either by mail, email, or phone as to the inaccuracy of such invoice. Mr. Johanna this was never done, I myself had to contact Level 1 Maintenance to verify the status of payment on the following dates 3/24/09, 4/1/09, and on 4/8/09. One reason why I had to keep calling in was for I was told that on 3/24/09 that the person who had such documents was out of the office, on 4/1/09 I was instructed that they had the documentation and was in review process, on 4/8/09 I was told I needed to get in touch with the C.S.R., so therefore I ask to speak to John Bixga whom no longer worked there. So I got to speak to Charlie Citrone, at which time there was more confusion about the invoices in the amounts for I went to the property twice and provided two different services through two representatives through your company.

    My Johanna, being in business myself I understand how I would like to pay my bills when my clients pay me. However in the real world on Main Street that is not the issue, you pay your bills when due or they apply a late fee to the amount you owe, and thus said that is what has happen on this occasion.



    Now with the address of 1209 Shrine Club Rd, Jesup GA 31545, that is our incorporation address, such is listed with the tax assessor in the county as such, and this is the 1st time I have heard of any mail going to that address as being returned. Such address is a good address for all Big Boys Towing LLC, d.b.a. Johns 24 Hour Towing Service corporation legal business only. My employees receive a parcel through the USPS carrier at the lot in Charlotte NC one time, however at that address we do not have a mail box at that location nor do we receive mail there at that address that is why we specifically mark on the invoices that all payment should be mailed to the 610 Woods Bridge Rd address.

    As you state in your email correspondence that you now notice the mailing address is 610 Woods Bridge Rd Jesup Georgia 31545, I feel that while such invoices where in your review process then such should have also been noted, not only that on 4/30/09 I had a lengthily conversation with a female representative for 22 minutes over these same issues, at that time I explained that we do not receive mail at this location, that our mailing address was the Jesup Georgia, and by sending any further mail there would most likely be returned. I was told that only $2100.00 was schedule to be mailed, and if such is then no sir that is NOT PAYMENT IN FULL. I am listing a breakdown of your account below sir,





    4/10/2009
    5/10/2009
    6/10/2009

    Store #
    Original
    Discounted
    Total Due
    10% Late
    10% Late
    10% Late


    Invoice
    Amount
    4/6/2009
    Penalty
    Penalty
    Penalty

    40063
    $ 345.00
    $ (45.00)
    $ 300.00
    $ 330.00
    $ 330.33
    $ 363.36

    40162
    $ 325.00
    $ (25.00)
    $ 300.00
    $ 330.00
    $ 330.33
    $ 363.36

    40539
    $ 350.00
    $ (50.00)
    $ 300.00
    $ 330.00
    $ 330.33
    $ 363.36

    40574
    $ 215.00
    $ -
    $ 215.00
    $ 236.50
    $ 236.74
    $ 260.41

    40595
    $ 325.00
    $ (25.00)
    $ 300.00
    $ 330.00
    $ 330.33
    $ 363.36

    40596
    $ 325.00
    $ (25.00)
    $ 300.00
    $ 330.00
    $ 330.33
    $ 363.36

    40600
    $ 325.00
    $ (25.00)
    $ 300.00
    $ 330.00
    $ 330.33
    $ 363.36

    47365
    $ 325.00
    $ (25.00)
    $ 300.00
    $ 330.00
    $ 330.33
    $ 363.36

    Totals
    $ 2, 535.00
    $ (220.00)
    $ 2, 315.00
    $ 2, 546.50
    $ 2, 549.05
    $ 2, 803.95




    For payment to be made in full Mr. Johanna will require the amount of $2, 549.05, if paid by June 10, 2009. If this amount is not received and Level 1 Maintenance has attempted to tender payment of an amount less then this amount then there will be a balance due and will accrue late penalties until paid in full.

    Please note if any payment is tendered less then this amount and endorsed then in no way will such endorsement imply payment in full nor will such constitute a payment arrangement and such will be noted under the endorsement of the check.

    Upon this account becoming aged more than 90 days and less 120 days then our office will seek a summary judgment for the remaining balance in addition use all legal means to collect on such.

    Mr. Johanna, I and my company has provided satisfactory service you your company and their clients; we can continue to go around and around this issue with no end in sight. All I want is to be paid what I am owed. Please be assured if I have to spend my time in a Court of Law I will seek the original amount contracted since payment was never promptly paid in the 1st place, along with all the mailing fees, faxing fees, parking fees, legal representation fees that will be associated with such action. Now I have done my part correctly, it is Level 1 Maintenance to do there’s.

    Please forward a copy of this correspondence and all correspondence to your Robert C Casto, Level 1 Maintenance Inc. President, Treasure, Secretary, Director, and listing agent for your corporation, so that when our office renders via process server to appear in Mecklenburg County district court he is not surprised and confuse as to what is happening.

    I personally feel that through most of all this process there has been allot of confusion on Level 1 Maintenance service. It is really a simple process; Property owner awards your service a contract to provide maintenance service on their commercial properties. You in turn sub contract the work out. By doing so you agree to pay your contractors no matter what agreement you have with the property owners, that makes you responsible for your sub contractors which is what I am, and since the work was perform in the State of North Carolina, if my fees are not paid IN FULL and I have a sitting Honorable Justice agree with me on this, then yes I am entitled to a mechanics lien on the properties in addition to collecting such from your corporation there in Dedham, MA. And I know how to transfer judgments and collect on such, I am real good at for I also have a collection business that specialize in such.

    So please make sure that the PAYMENT IN FULL that you reference to is really the payment in full and if not that you make prompt payment for FULL PAYMENT.





    Jonathan Bevins
    610 Woods Bridge Rd
    Jesup GA 31520
    (912) 289 - 4003
    (866) 543 - 0759
    (704) 309 - 1678 Cell

    "Just think, if we all done this, how better the world would be, for you, me, our children, and our generations to come when we are long gone, Join me toady in the GREEN MOVE"


    --------------------------------------------------------------------------------
    From: Johanna Teahan
    To: jbevins76@yahoo.com
    Cc: Charles Citrone
    Sent: Monday, May 18, 2009 11:37:28 AM
    Subject: Our Conversation today @ 3:24 P.M.


    John,



    My name is Johanna, I am the Accounting Mgr.. here at Level 1 Maintenance. Charlie has forwarded me your email and I felt it best to respond directly. The confusion with the one-time agreement has been resolved and I have informed the Account Payable department to release payment. Generally our company does not remit payment until this document has been received. We waived this requirement for one time only because of the fact that these request came in with great urgency and your company was of great assistance in completing this work. We do appreciate your negotiating the prices as a result of the 2nd dispatch being an error. Unfortunately, Level 1 is not able to release payment prior to the 45 day term because of the fact we get paid on a net 30 term. The work tickets you had signed upon completing your services are submitted to Mobil and our payment is generated off those. We did not receive these work tickets until March 20 which was almost 3 weeks after services were performed. This is what cause the delay in payment.

    Your invoices were paid in full as of 5/7/09. However, today I received all three checks back in the mail due to them being “Not Deliverable as Addressed”. I have attached a copy of the W9 you submitted to Level 1 along with a copy of the check envelope. If you look the address we submitted payment to is in accordance with the W9 we received. Level 1 submits payment to the company address noted on the W9. I do see that you have a different mailing address specified on the invoice itself and I have already resent the checks to this address. In the future, the address to which you have your payments sent should be reflected properly on the W9 so as to avoid this kind of confusion. You should be received the check within the next couple of days and your account is paid in full.



    Please feel free to contact me directly should you have any further questions or concerns.



    Thank you,

    Johanna





    Johanna Teahan

    Accounting Department

    Level 1 Maintenance, Inc.

    29 Eastbrook Road,

    Dedham, MA. 02026



    Phone: 617-323-3900 x 115

    Fax: 781-326-4599





    From: Charles Citrone [mailto:ccitrone@level1maintenance.com]
    Sent: Friday, May 15, 2009 4:04 PM
    To: Johanna Teahan
    Subject: FW: Our Conversation today @ 3:24 P.M.







    Charlie Citrone

    RFS Coordinator

    Level 1 Maintenance Inc.

    29 Eastbrook Road

    Dedham, MA 02026

    (617)323-3900 Main Office x 130

    (617)531-2083 Direct Fax



    From: John Bevins [mailto:jbevins76@yahoo.com]
    Sent: Friday, May 15, 2009 3:45 PM
    To: Charles Citrone
    Cc: Jonathan Bevins
    Subject: Our Conversation today @ 3:24 P.M.



    Charlie,



    As per our conversation today, and to recap such I do appreceate you reassureing me that we are going to get paid, as I mention before as of todate the amount dues is over 90 days, and I have called the accounts payables to discuss this and was assured that payment would be mailed on May 5th 2009, however that there was another problem with the account for there was never a one time agreement sign.



    As today and previous other conversations you have explained to me that this one time agreement was not needed nor was required. Now at this point I am not going to sign such agreement, for the terms of such agreement is more strignent then what was orginally agree to for the service.



    To be honest I feel that in April when I call in reference to the payment issues and learned of the confussion concerning your firm sending us out to the properties early that morning, and then the other guy sending us back out to the properties that night I do feel that when I resubmitted the invoices that where asked to be discounted payment would have been expidited as we discussed. However here we are again another 42 days from that date and still we have not recieved payment.



    I do appologize and feel that myself as a buisness person doing buisness with another have worked considerably with you and your firm to completely and admently complete all work that was asked of our company satisfactory to the local store property staff, we have went as far as to discount the service price in hopes of expiditing payment (which has not occured), and I have done everything I know of to meet our orginal terms of the agreement that was negogiated in emails and phone calls on 3/2/09 for service that needed to be completed.



    Sir, at that time on the phone I explained to you that we where on 30 day terms and would be more then happy to get 2 men a truck and equipment on those properties 1st thing in the morning @ 7:30 a.m. ish and I had such equipment on the 1st property at 8:45 a.m. and was working on these properties that Level 1 Maintence required..



    I am going to give another 3 buisness days before turning this matter over to my legal counsel for advisement. I am attaching a collection letter that I sent at the begining of May 2009 to your accounts recivables. I do look foward to working with you and recieving your company prompt payment.


    Jonathan Bevins

    610 Woods Bridge Rd

    Jesup GA 31545

    (912) 427-7070

    (912) 289-4003 Please NOTE that our main Dispatch Number has changed.

    (704) 542-0205

    (704) 323-1950 Cell

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