Update by user Feb 12, 2016
We are working to a resolution of this situation. It is a technician problem.
Update by user Feb 08, 2016
We appreciate your feedback, CHW will be happy to send you a letter to explain the outcome of the claim for you. Please check your email as it will be sent today.
Please feel free to contact our office with any other questions or concerns.
Are you ppl illiterate?
I don't want the outcome. I want to know what the alleged technician found wrong. It is my right as a consumer.
You are not allowed to just tell me "claim denied".
This is not a dictatorship. You are not in Cuba.
Update by user Feb 08, 2016
At 9:47 am on 02/08/16, CHW posted this response (truncated)
Choice Home Warranty has posted a new message in your CHW Account Center regarding claim #53034681. The message is as follows: Thank you for your email, we have sent you the letter that you have requested on 1/8/16.
If you have any other questions, please feel free to contact us.\r\n\r\nThank you,\r\nCHW
They keep referring to the following response they posted on 01/08/16 that just says the claim was denied, but still doesnt tell me why, you know, like what the technician, Acqua Nita found wrong. Neither party will give me the report, which is a violation of the Florida Consumer Protection Statutes Ch 558.
So my response to them, because I know they don't want me to see the report is as follows:
In response to your email of Monday 08 February 2016 wherein you state you sent me the letter I requested on 01/08/16, that would be the following:
CHW Representative: Date: 01/08/16 Dear Catherine Migliano, Thank you for choosing Choice Home Warranty to be part of protecting your home from unexpected covered repairs. We appreciate your business. With reference to claim # 53034681 for your Pool-Spa after careful review of the diagnosis, we have determined that the claim does not fall under the terms and conditions as a covered repair.
Therefore, we regret to inform you that we are unable to provide an authorization for the following reason: Please refer to your home service agreement Section Letter E., Number 1. CHW is not responsible for repairs that are related to salt water systems as well as Section Letter F. Number 11. CHW is not responsible for repairs related to an improper installation.
Thank you, Choice Home Warranty The aforementioned tells me nothing and is fatally deficient under Chapter 558, Florida Consumer Rights Statutes as a response to non warranty coverage. You may be in New Jersey, but in Florida, you must follow Florida Law. I AM ALLOWED TO HAVE SPECIFIC DIAGNOSIS OF WHAT EXACTLY IS WRONG, NOT MYSTICAL STATEMENTS. ACQUANITA SERVICES GAVE ME NOTHING, NEITHER DID CHW.
WHAT PART OF YOU HAVE TO TELL ME WHAT ACQUA NITA CLAIMS TO HAVE FOUND WAS WRONG ARE YOU PEOPLE NOT UNDERSTANDING? YOU CANNOT JUST TELL ME IT'S NOT COVERED. YOU HAVE TO TELL WHAT SHE CLAIMS WAS WRONG AND WHAT'S NOT COVERED. THE SALT SYSTEM WASNT EVEN AT ISSUE, SO IF SHE BROUGHT IT UP, THAT SHOWS EVEN MORE WHAT A *** *** YOU SENT OUT.
BY LAW, YOU HAVE TO TELL ME WHAT SHE SAID WAS WRONG. THE LONGER IT TAKES YOU TO TELL ME, THE CLOSER WE GET TO ME FILING A COMPLAINT FOR INJUNCTIVE RELIEF WITH THE ATTORNEY GENERAL, WHICH CONTRARY TO YOUR CONTRACT, I HAVE A CONSTITUTIONAL RIGHT TO DO. YOU CANNOT CONTRACTUALLY AGREE ME OUT OF MY CONSTITUTIONAL RIGHTS THIS IS YOUR LAST WARNING Everybody in Broward County knows Acqua Nita is a horrible company. They ruined a couple of pools.
She goes around looking to poach extra work off warranty work. Everyone knows she has a criminal record and had a restraining order against her.
Update by user Feb 06, 2016
Your response is unacceptable. Your technician, Ana Libansky, of AcquaVita Services, the choice over which I had no control, as per the contractual agreement, was an incompetent oaf.
She arrived unprepared, with no tools or any equipment. She was inappropriately dressed to perform any diagnostic testing. Carrying only a clipboard, she only did an eyeball inspection of what business she could get for her company.
She proved herself completely ignorant in Sunrise Swimming Pool Code in 1972, when the house and pool was originally built and the pool and plumb passed inspection.
Instead, to cover her lack of training, she insulted the City of Sunrise Building, Permit and Code Enforcement Departments.
Ms Libasky scoffed at what I opined was the problem: something lodged in an elbow joint and a clog in the impeller. She did NOT check either one. Again, she was completely unprepared to perform any such testing. Instead going off an a rant that there was no suction line -- something absolutely ridiculous as I have been residing in this house for the last 33 years and without a suction line, the filtration system would not work, that pieces of equipment were in actuality fairly new, needed to be replaced.
She additionally kept insisting there was no check valve, even though I pointed it out to her several times and even showed her the schematic drawn on the wall, by the contractor from Horner Worldwide who did the plumb, indicating the check valve.
Ms Libasky stated she would do her report and forward it to CHW. This was not the first time she stated that she would only deal with the company. She never returned telephone calls, instead sending text messages with instructions to leave her check in the timer box and that she preferred I not be there so she could do her job unencumbered.
When she arrived to see me home, she was not happy and told me that she has told CHW several times that she does not want to deal with customers.
After CHW denied the claim, CHW refused to give me her report. She has done the same thing. After my second call, she stopped responding. Now it may be CHW's policy that the technician give the homeowner the diagnosis report, but to date, that has only happened with the air conditioner service call.
Up until the swimming pool call, it has not been an issue. It is an issue now, because both AcquaNita Services AND CHW are in violation of Florida's Consumer Protection Statutes, Chapter 558, requiring that I be given a diagnosis. Regardless of your agreement with your technician, once it became evident that she was not going to comply and forward me the diagnosis, YOU HAD A LEGAL DUTY TO MAKE SURE I GOT IT, either by providing it to me yourselves, or putting pressure on Libasky to do so. To continue and sit back and just give me bits and pieces, is wrong and contrary to what your lawyers may have told you, regardless of the stipulation in the contractual agreement that a customer cannot file suit against you, an individual cannot be coerced or cannot in any way give up their constitutional right to sue anyone.
Further, you cannot limit the recovery. Now, I have proof that I forwarded the diagnosis to you, which by the time Millner Construction came out, the motor had blown, because I was right and the impeller was clogged. Libasky insisted this was impossible. Additionally, Millner found some debris in the elbow joint.
This was something Libasky also insisted could not be the problem. Before we move ahead one more step, for the last time, I want Libasky's diagnosis report and I want it within the next 24 hours.
Original review posted by user Jan 07, 2016
On 01/19/2015, I called CHW for my 5th claim with them, a misoperating swimming pool pump motor, Claim #53034681. CHW assigned what turned out to be a substandard, poorly trained, if trained at all, tech Ana Labosky, owner of AcqaNita, a nefarious celebre here in the SoFla swimming pool industry. Ms Labasky told me straight out she did not deal with customers, only CHW. It was obvious from the outset, she was only interested in surplus, non-warranty uprgrade work and was trying to sell me everything and anything under the sun. She never gave me her report and estimate as is required by Florida law, absolutely refusing to do so, telling me to get it from CHW, then ceasing communications with me, because, “as she told CHW, she only deals with them, not the customers”. CHW also refused to provide me with it stating I was to get it from the tech. When I told them she refused and advised them of her statements, they said there was nothing they could do. I told them that both they and the tech they “imposed upon me” were in violation of Florida State Statutes governing Consumer Affairs, but that did not change their position. No one was providing me with the report and estimate, nor did they.
My deceased father was in the pool industry and this lunatic blight on the swimming pool industry ended up costing me more money in repairs missing what I told her was the problem from the onset: blockage in the line and in the impeller – which she insisted emphatically that it was impossible it could be. The few days delay in fixing those things would be the difference between $100 fix to what turned out to be over $2500 fix. Arriving in a jeep with no equipment, not even a testing kit, as she told me, it was obvious she was there to estimate for upgrade work and not to perform any possible minor repairs if necessary.
The minutiae of information I was able to get out of CHW about what was in her report was rife with fabrications and untruths, everything upgrades and add-ons she was trying to sell me when she was out on the call. Things Libasky claimed needed to be replaced were in fact new or almost new as evidenced by pictures, receipts and the work contract I provided to CHW less than a week later to dispute her lies. She claimed the absence of a check valve. I sent CHW plenty of pictures of the one there. I sent pictures, drawings, permits, etc between 01/23/15-01/25/15 with no response from CHW. Of course not, they did not want to refund me $45 nor did they want to pay $100 for outside diagnostics to find out they sent an *** to my home and that my diagnosis was correct and she was job shopping. Instead, they have exposed themselves to treble damages in civil court for the damage done to my pool filtration system because of Ms Libasky and Acqa Nita’s gross incompetence and negligence and violation of Florida’s consumer laws on providing the customer with an estimate.
CHW failed to respond to several emails disproving the fallacies in what little I knew of AcqaNita’s report. Their rep knew I was having health problems as we often spoke when I was between diagnostics. I was required to have lengthy time consuming treatment, but managed to make a complaint with the Dept of Ag, Div of Consumer Services, who after 3 failed attempts advised CHW would not respond. Milner Construction had already been paid for the follow up diags and to do the work because AcqaNita's negligence caused the motor to blow and it had to be replaced. It was a simple clogged impeller when AcqaNita came out, which she claimed was an impossibility. Because she would not even entertain the notion, the motor burned up and blew up. That woman is dangerous. The line was back belching. Something else she claimed was an impossibility because a small piece of debris became lodged in it and needed to be blown out. Her leaving it caused a build up at the elbow junction, pressure and a blow. The pvc had to be excavated from underground.
CHW sent out an incompetent, poorly trained tech whose sole intention was too drum up non-essential profit making business. That is corporate malpractice. In this instance, it was an area in which I am very well versed and we know the same professionals. When I threw her name about, other industry professionals described her as nut case and a lunatic and their source of revenue, fixing her messes. This is one mistake CHW will not be allowed to sweep under the rug. Her mistakes are high ticket mistakes that can also cause serious personal injuries
Review about: Choice Home Warranty Claim.
Reason of review: Bad, untrained or poorly trained w/bad reputation sent out to my home, w/me having no say in matter, violation of FL Consumer Statutes, No Communication, Poor Service, Refusal to provide report & estimate.
Monetary Loss: $2645.
Preferred solution: Full refund.
I didn't like: Dont honor the contract, Theie level of dishonesty, Poor quality of technicians sent, Lack of communication.