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Avalanche of complaints may snowball into lawsuit

Avalanche of complaints may snowball into lawsuit

Avalanche of complaints may snowball into lawsuit

Raffy Boudjikanian
Published on December 14, 2009
Published on February 6, 2010
Raffy Boudjikanian  RSS Feed
Topics :
Avalanche , Fed , Ministry of Revenue , Labrosse Avenue , Montreal , Kirkland

Fed up with an apparent lack of service and little explanation six days after the first major snowstorm of the season hit the Montreal area, some West Islanders are mulling a class-action lawsuit against new snow removal company Avalanche. "They still didn't do the job. We've been told many times to wait, nobody showed up" said Pierrefonds resident Pat Anthopoulos Monday morning, waiting with a handful of other customers in front of the company's locked gates on Labrosse Avenue in Pointe Claire. Anthopoulos also took down some of the other customers' personal information in order to see if there is enough interest for a lawsuit.

He estimated there are around 400 people displeased with the company's actions.

Whereas Avalanche has issued an official fax number where people may send their contracts in for a refund, it appears to be malfunctioning. "Nobody answers the phone," said Dollard des Ormeaux resident Lyn Lhang. "The fax number (they gave out) doesn't work," she added.

Many residents were attracted to Avalanche after receiving a flyer from them earlier in the fall advertising a lower-than-average $200 price tag for the winter season. "They told me they had the best deal," said Kirkland resident Gilles Masson, who also went in person to the company's location this morning to find out what was going on.

For another Kirkland resident, Andrea Katz, getting out of her driveway Thursday morning may have proven insurmountable if a driver from a competing snow removal company, Duraguard, had not cleared it for her out of sympathy. "I pulled out my (Avalanche) markers," Katz said, adding she is opting out of her contract with the new business.

When she drove down to Avalanche's offices herself last Thursday morning, she estimated up to 15 customers who appeared equally unsatisfied were asking for an explanation. By today, however, the company was not receiving anyone, leaving them outside the locked gates instead.

Strange connections

Avalanche's office is directly adjacent to that of competitor Syljack, a well-established company with a street address on Tecumseh right on the corner of Labrosse. The parking lots of the two companies are only separated by a fence.

And, at least on paper, the connection between the two is stronger.

According to the Registraire des Entreprises Système CIDREQ (Centre informatique du registre des entreprises du Québec), a publicly available online registry of companies in Quebec run by the provincial Ministry of Revenue, the two companies share a president, Jacques Tozzi.

Tozzi is listed under Déneigement Avalanche's entry as administrator, president and stockholder. Under the Syljack entry, he is named as administrator, president, secretary and majority stockholder.

However, when reached for comment, Tozzi was adamant he has nothing to do with Avalanche. "Talk to me about Syljack, I'm Syljack," he insisted. "I cannot answer about something I don't know," he said when asked about Avalanche. "I was the owner," he said about one company, but did not specify which.

Tozzi said anyone signed up with Syljack for the winter received great service after Wednesday's snowfall. "My people were out there, I was out there," he said.

He added Syljack has been around for 18 years and has always put their customers first. "I always said we have a moral responsibility to clean the customers," he added.

According to him, Syljack has 268 drivers, and charges $230 to $260, plus taxes, per residence on the West Island.

Tozzi conceded he had 800 fewer customers during the 2008-09 season than he did during 2007-08. At that time, Syljack had asked a $40 surcharge to its customers on top of the regular amount already paid to due to more snowfall than expected.

He admitted the surcharge did not appear on standard Syljack contracts, but said they do mention the company may charge more "at its discretion" if winter brings more snow than originally foreseen.

Tozzi said 800 on a total of about 12,000 customers were surprised and chose not to make good on that payment. "You know what I did the following season? I just didn't renew them," Tozzi said. "If you want to know something else about another company," Tozzi said of Avalanche last Thursday, "call the company, or drive or by walk by or ask them the question."

The Chronicle tried just that last Friday morning, arriving as a harried receptionist tried to tell a handful of customers Avalanche was doing its best to clear up any problems. "We have brand-new equipment," he told one customer.

He told another that some drivers had quit on the company. "They're new drivers," he also said, trying to learn their routes on the job.

He did not give The Chronicle any answers. "We're not interested in talking to media," he said, not giving out his name either.

Asked who the company was run by, he had no reply. "I don't know who the owners are," he said, adding only some snow plow drivers were in the building.

A phone call Monday did not produce any results either. "I only talk to big people," said a person whom The Chronicle was transferred to. "You're small fish in a big pond," he added.

Asked to identify himself, he refused to do so. "I don't have a name," he said.

According to Revenue Quebec spokesperson Danny Lapointe, the registry kept on its website is updated on a daily basis. "It's up to the companies themselves to submit us any information that's modified," Lapointe said, adding provincial law requires companies to do so within 15 days of any changes. "If (Tozzi) made any demands for any modifications," Lapointe added, "it is possible there was a bit of a delay."

Comments

  • Username
    Jacques Croteau
    - March 26, 2010 at 15:11:19

    Do you know the same company did the same thing to customers in Laval? If you can read French go to see www.courrierlaval.com. Read the enquiry of Nathalie Villeneuve on Avalanche. You will find the same kind of game by Avalanche. They don't give the service and then refuse to refund customers. But here in Laval, some of us finally got a check. With the experience I had with them, I won't be surprise if the check bounce. I thing we should all get together to prepare a law suit not to receive a refund but to stop them from stealing other peoples.

    Submit a Comment

    • Username
      pyaknroiahw
      - April 22, 2010 at 09:20:33

      Oh7erD cxgggeruujqo, [url=http://ddjvnwxffbrw.com/]ddjvnwxffbrw[/url], [link=http://zqbfnoqnhwoh.com/]zqbfnoqnhwoh[/link], http://tcbsnegvhzms.com/

  • Username
    Jacques Croteau
    - February 8, 2010 at 11:15:16

    Do you know the same company did the same thing to customers in Laval? If you can read French go to see www.courrierlaval.com. Read the enquiry of Nathalie Villeneuve on Avalanche. You will find the same kind of game by Avalanche. They don't give the service and then refuse to refund customers. But here in Laval, some of us finally got a check. With the experience I had with them, I won't be surprise if the check bounce. I thing we should all get together to prepare a law suit not to receive a refund but to stop them from stealing other peoples.

    Submit a Comment

  • Username
    Steve Glickman
    - February 8, 2010 at 11:15:12

    They never showed up to clear my snow either. Had to hire another company. Faxed in my request for a refund. They tell me that there will be no refund since I am the one cancelling the contract. Doesn't the contract also say that they are supposed to clear snow? They never ever showed up. I will take them to small claims court myself if there is no clas action suit.

    Submit a Comment

  • Username
    Lubo Jurasek
    - February 8, 2010 at 11:15:11

    I requested refund from Avalanche already three times, once in person and twice by mail and have not yet received a reply. I wonder what's going on.

    Submit a Comment

  • Username
    Mario Landry
    - February 8, 2010 at 11:15:11

    Look

    Submit a Comment

  • Username
    Yves Paquin
    - February 8, 2010 at 11:15:11

    yes they are crook, they break the contract by not showing up and they keep 100$ when we cancel, if there is an action taken against them , please contact me, if not i will go to small claim and ask for refunds and for money for damage etc...Dont let them make easy cash like this, we must be over 2 to 3 hundreds people in our situation. that is a lots of free money for them if we do niothing about it. In their statement to CTV in december, they told CTV customer who cancel were to received full reimbursement.

    Submit a Comment

  • Username
    Robin Narsted
    - February 8, 2010 at 11:15:07

    I, too, am dissatisfied and sent a registered letter on Dec. 11 cancelling my contract and demanding a refund by Dec. 31. They don't seem to understand what that means and persist is sporadically clearing my driveway, despite the fact that I have changed contractors. I have also called twice and, the second time, been very rudely treated. If anyone is considering legal action, I would be interested in participating. Robin Narsted

    Submit a Comment

  • Username
    Ed Martin
    - February 8, 2010 at 11:15:07

    Is there a better way for Mr. Tozzi to get even with the 800 customers he lost?

    Submit a Comment

  • Username
    Rum Runner
    - February 8, 2010 at 11:15:06

    David Gerstel was on TV this evening. He is a crook, a swindler would screw anyone he can. RUN AWAY from Avalanche as quick as you can!!!

    Submit a Comment

  • Username
    alla sapozhnikov
    - February 8, 2010 at 11:15:04

    Hi, I would like to contact Mr Pat Anthopoulos to find out about the lawsuit. I was told last Thursday to come the the Avalanche office on Monday, December 14, to pick up my cheque. When I arrived shortly before 5 last night, the gate was locked and I was not let in the office. I waited almost 2 hours to talk to someone. The employees were very rude. They threatened to call the police and press charges for trespassing and so on... My driveway was cleaned only last night at the time that I was at their office. After that they told me that I can only get a partial refund, since I am cancelling the contract voluntarily. What can I do? Thank you, Alla Sapozhnikov

    Submit a Comment

  • Username
    Justin
    - February 8, 2010 at 11:15:01

    I'll be very interested to see how Mr. Tozzi explains this one. How is it he found himself in the province's business registry as President of a competing company "by accident"? And this competitor is right next door? And also what of the reports that Avalanche customers have been cleared by Syljack trucks? If it walks like a duck and quacks like a duck...

    Submit a Comment

  • Username
    Bob Bastien
    - February 8, 2010 at 11:15:01

    Syljack is a crook too. Remember last years article in the chronicle about Syljack being busted for moving cocaine and money laundering?

    Submit a Comment

  • Username
    Dan Smith
    - February 8, 2010 at 11:15:00

    To those like Common Sense who enjoy criticizing people when they are down: I chose Avalanche because of their pamphlet, not the price. On paper, they offered the best service. I would have paid $300 for that. On paper, they cleared the snow earlier and without snowfall quotas. As for Avalanche management: You tried to salvage your image by publicly stating you were returning our money, then you go ahead and keep half the payment FOR NO WORK AT ALL! Then you hide behind a contract! You are dishonest business people. You robbed us legally and in front of the public. Bravo! You should be proud.

    Submit a Comment

  • Username
    Common Sense
    - February 8, 2010 at 11:15:00

    I just have to say, you Avalanche customers thought getting a contract with them was going to be a good idea? You took a gamble in order to save 40$ on a seasonal service. Your loyalty is fickle, always going to the lowest bidder. What did you expect. You got what you paid for.

    Submit a Comment

  • Username
    Short Sweet
    - February 8, 2010 at 11:14:57

    I agree with Common Sense. You people are cheap, arrogant, and you get what you deserve. In other cities companies charge hundreds of dollars more for snow removal than here! You play pricing games with the different companies in the market, bargaining and driving prices so low that the contractor has to cut corners to make even a miniscule amount of money. Gee, what type of service do you think you are going to get for $10, which is what your contractor is left with in his pocket after you begrudgingly pay him a whole $200! Reality check please for the residents of the West Island.

    Submit a Comment

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