US Metals review: Breach of Contract Failure to Pay Invoice in Full

RE: Title VII of the Civil Rights Act of 1964 has been violated involving
Race/Color Discrimination & Work Situations.

Thank You for reading my email. I appreciate very much your time and
direction with such a critical matter at hand.

I firmly believe that Mr. Troy Scott of US Metals located in Houston,
Texas has neglected to pay the invoice submitted to him on behalf of US
Metals as he is the presumed President of the company. Mr. Scott was
invoiced on June 22nd 2012 in the amount of $85, 366.41 and for nearly 90
days after much ongoing communication via email that the check will be in
the mail and overnighted nothing occurred until finally receiving a phone
call from Nancy Drewyer from Entrust. Her conversation reflected on the
fact that it seemed like to her that the invoice had been adjusted and she
did not know why. But she said that it was only in the amount of
$34, 468.68. I informed her of my concern that this has to be an error as
that would be short from the original invoice not including late charges
by $50, 897.73. She said she is seeing that and that she would email Mr.
Troy Scott and would advise him of my concern. She told me she would send
out the current check via Lone Star Overnight and to re-invoice Mr. Scott
at US Metals for the difference. I told her I would do that.
I then get an email from Mr. Scott reading the following:

[protected]@usmetals.com

via araucomedicalconsultants.com Aug 29 (1 day
ago)to Jesus
Jesus,
Based on the data you provided me in word format and the quote you provided
me for the project I find the invoice #312 to be grossly inaccurate. I
created a spreadsheet from the tables in your word document to help me
determine the accurate charges for the project based on your quoted costs
per test. I have attached that spreadsheet for your review. The tables in
word you provided had quite a few duplicates which I removed. The data
exactly as you sent is represented in sheet #1. Sheet #2 has the duplicates
removed and the other location totals brought forward to create a grand
total for the company as a whole. I do not have any issues with the travel
and rental charges even though travel came in a bit higher than what you
had estimated. Based on my analysis from your data of the services you
provided I have authorized our Health Trust to pay a total of $36, 468.68
($29, 852.27 for the actual screenings and $6, 616.41 for travel and
equipment rental). It is being processed now and have requested the check
be sent Fedex as you requested. As soon as I get word the check was sent
and am provided a tracking number I will let you know. Thank you for your
patience.
(See attached file: Wellness 2012 Screening Data.xlsx)
Regards,
Troy Scott, CIO

Troy,
I have no idea where your coming from... I am re forwarding you the last
email I sent you with the numbers and break down. Which I see no
duplicates at all. So clearly I am confused when you write about grossly
over-billed ... I didn't over bill a dime. I have re attached the
agreement of all the tests you requested. Which comes to $525. per
participant. In the agreement we agreed to a 40 minimum population per
event in Houston and 10 minimum per event in IA, PA and LA. Thus, we
provided 3 events in Houston bringing that Total minimum of 120 and 10
minimum for each location outside of Houston totalling 30. Total
Population 150. Which is the total I invoiced you for. $78, 750.00 and the
traveling was higher than anticipated since we didn't get word back till
April that we would be doing the event so prices had gone up in those two
months. So it did total $6, 616.41 Bringing the total to $85366.41. That
was the original invoice not a penny more. Now we are about 90 days post
this so late charges have been being billed.

To Date there has been $5121.96 in late charges.

I have also attached the original agreement.

So Please clarify this gross misunderstanding.
Jesus

[protected]@usmetals.com

via araucomedicalconsultants.com Aug 29 (1 day
ago) to Jesus
Jesus,
Please review the spreadsheet I sent you which explains how I came up with
amount I instructed the trust to pay. The data comes directly from the word
documents you sent me on 8/5 at 9:53am. The word docs had duplication's if
you will look at what you sent. From the documents you provided I created
the spreadsheet I sent you which lists all the tests/services performed by
individual and by office. The quote you provided originally on 2/4, the
same as the one attached provided me the cost per test that you quoted.
In addition your quotation did not specify terms or provide for late
charges. Therefore there is no basis for being late or late charges.
Regards,
Troy Scott, CIO U. S. Metals
So by Mr. Scotts’ last email he clearly recognizes the quotation as
indicating that the late charges were not part of the quotation. But then
he clearly has chosen what he wants from the quotation after the fact. I
have attached the quotation for your viewing as well as the original
invoice.
I strongly believe that Mr. Scott had if any very little intention of
paying any of the invoice. I strongly contend that Mr. Scott has taken
this position due to the fact that I am Minority owned business of the
Hispanic Origin. I firmly believe had I not been of that Origin or
Minority status Mr. Scott would have not behaved in this manner.
Ms. Elizabeth Downey from their insurance group also stated this is the
same problem we had last year and she just didn’t know why he didn’t just
pay the Invoice. She said she would speak to the owner of the Insurance
agency Demetrious and that she would have him contact me within 24 hours
that was about four weeks ago and to date no call or email from Demetrious
as well.
Below is also how that conversation went with Ms. Downey.
Dear Sir, I am writing in efforts to seek guidance as how to collect
payment from U.S.Metals Inc. On Feb 9th 2012 I was contacted via email
from Elizabeth Downey with Navarro Insurance Houston TX requesting and RFP
for U.S.Metals Inc. Troy Scott; for On Site Biometric Health Screenings. I
completed the screening services on June 2nd 2012 and as August 15th 2012;
73 days post the screenings we still have received no payment. My biggest
concern rises due to the fact that the emails and voicemails regarding the
invoice for services rendered are the only ones ignored. I have mailed all
invoices certified greed return and have been signed for by D Groves both
times and Invoices have been emailed to Troy Scott via Tradeshift.com and
invoice service. I have reached out to Mr. Demetrius Navarro owner of
Navarro Insurance via voicemail to seek guidance in dealing with his
client. I have not received any phone calls from Mr. Navarro as of yet. I
did however speak with Ms. Elizabeth Downey whom connected us with Troy
Scott of U.S.Metals; she said she too would call Mr. Demetrius Navarro on
his cell phone to make him aware of the situation. She advised to do what
I need to do as it was not in her hands. I explained that it seems like a
clear picture of a Big business doing what they want with a small
business. I spoke with Troy Scott on August 1st and he assured me that he
would have payment out before the 9th of August since he would be going on
vacation after the 9th of August. I explained to him my urgency on
receiving payment as I am a small business owner and have to pay my
vendors as well. It seems like a David vs. Goliath situation and clearly
Goliath is doing what he wants with David. Finally, I get an phone call
from Entrust on August 28th Nancy Drewer stating she is only authorized to
pay $36, 468.68 1/3 of the invoice which is $85, 366.41 Please Advise if
this is not the correct agency to seek help with this matter. Sincerely,
Jesus Arauco [protected]
I expect payment in full for services rendered as per agreement. Troy, I
have no idea where your coming from... I am re forwarding you the
lastemail I sent you with the numbers and break down. Which I see
noduplicates at all. So clearly I am confused when you write about
grosslyover-billed ... I didn't over bill a dime. I have re attached
theagreement of all the tests you requested. Which comes to $525.
perparticipant. In the agreement we agreed to a 40 minimum population
perevent in Houston and 10 minimum per event in IA, PA and LA. Thus,
weprovided 3 events in Houston bringing that Total minimum of 120 and
10minimum for each location outside of Houston totalling 30.
TotalPopulation 150. Which is the total I invoiced you for. $78, 750.00 and
thetraveling was higher than anticipated since we didn't get word back
tillApril that we would be doing the event so prices had gone up in those
two months. So it did total $6, 616.41 Bringing the total to $85366.41.

Thank you Again for your immediate attention to this matter.

Sincerely,

Jesus S. Arauco Jr.
AraucoMedicalConsultants
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