Bar Harbor woman compensated for watch repairs

Northeast COMBAT received correspondence from a member we’ll call Jane Doe who lives in Bar Harbor.

She wrote to us that she had sent her Timex watch to the designated watch repair service, Hotline Watch Service in Little Rock, Ark., for an estimate for repair of her watch and for a new battery.

She included a self-addressed stamped envelope for the return of her watch with estimate. Her plan was to receive the estimate for repair, then determine her best course of action: repair the watch or buy a new one.

Her Timex was returned in the mail from Hotline Watch Service. Included, however, was a bill in the amount of $17.48 for repairs.

Jane was not pleased that she had been pre-empted in the decision about the repair. She did not feel obligated to pay $17.48, as all that was asked for was an estimate.

However, her concern was that she had an excellent credit rating, and if she did not pay the bill, perhaps her credit rating would somehow be compromised.

Jane ended by telling us, “The watch only had a two-year warranty and it was already three years old. Can Northeast COMBAT help me with this problem?”

We wrote back to our Northeast COMBAT member and requested she send us a copy of the bill for $17.48, a copy of her letter asking for an estimate, and copies of the original purchase slip for the watch, if possible, and finally, a copy of the Timex warranty. We asked that she forward these materials to us without delay.

One of our seasoned COMBAT volunteer caseworkers wrote a letter to the president of Hotline Watch Service.

Mrs. Doe “sent your company a Timex watch and asked for an estimate of the cost of repairing it, as it may have been worth her while, and rather than just having it repaired to just go out and buy a new one. Instead, the repaired watch was returned along with a bill for $17.48.

“At the time the watch was sent to your business, [Mrs. Doe] did not realize that the state of Maine has an Implied Warranty Law, which states, in part, that all merchandise (excepting used motor vehicles) has a four-year warranty if the item is still within its normally expected ‘useful life,’ and the product has also not been abused. Therefore with the weight of Maine law, the Timex watch in question is still under warranty.

“Enclosed you will find a copy of [Jane Doe’s] letter to you and copies of your bill, the Timex warranty, and the original purchase slip.

“As you can see, [Mrs. Doe] paid $22.46 plus tax for the watch, and you are asking $17.48 for the repaired watch. She sent you a self-addressed, stamped envelope so you could mail her an estimate of the repair costs, enabling her to make an educated choice.

“At this time, we are requesting that you send [Jane Doe] an invoice marked ‘no charge’ within the next 14 days with notification to Northeast COMBAT of the transaction. We are relying on your integrity.”

A copy of our letter to Hotline Watch Service was sent to the CEO of Timex in Middlebury, Conn.

Neither Jane Doe nor Northeast COMBAT received a reply.

A second, much stronger letter was written to the business, again asking for the cancellation of all charges within a 14-day period. We mentioned that if our request was not honored, we would have no choice but to contact agencies in their state enlisting their help in this matter.

Within the 14-day period, Jane Doe forwarded a copy of the response she received from Timex. They wrote, “We sincerely apologize for the problems you have experienced with your Timex watch.

“We do not send estimates on repairs because all repairs are handled on an assembly line, and we do not have the personnel to send estimates because we changed our procedures several years ago. We have found that most of our customers would rather receive their watches back with an invoice than to have to wait several weeks to get their watch back while we obtain customers’ approval to repair. However, since you did request an estimate, and also the fact that we are now aware that Maine has an implied four-year warranty, we have cancelled all charges. We sincerely regret any inconvenience caused you.” This letter was signed by the Timex president’s administrative assistant.

It was time for smiles all around as another consumer case reached a satisfactory conclusion. This resolution was achieved thanks to good record-keeping by the consumer and the skills and dedication of our casework volunteer.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-Maine Center for the Public Interest, Maine’s membership-funded, nonprofit organization. For help, write to Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor 04402-1329.