Time Warner-CS050826 (2)Keith Marvin - Re: Comcast Complaint Page 1
From:
Michael Odle <odle@swbell.net>
To:
<kmarvin @ci.coppell.tx.us>
Date:
8/26/2005 7:27:55 AM
Subject:
Re: Comcast Complaint
Mr. Marvin,
Just a quick note to bring you up to date on what's transpired since the last time we spoke:
Tuesday (08/23) Santos with Sparrus Corporation called me to say he wanted to set up a conference
call between him, Zinah Mineyahl (Comcast), and me. Santos said they would call me at home on
Wednesday (08/24) at 7pm. By the time I went to bed at 10:30pm that night (08/24), neither Santos nor
Zinah had called me.
Thursday (08/24) Santos called and, never bringing up the issue of the call that was supposed to
happen the night before, immediately asked me what it would take to settle the issue. I reiterated my
position that because of his insulting accusation against me for fraud, I could not negotiate with him until
his supervisor was also on the phone. He then stated to me that he reports to no one and that he owns
the company. Santos also related the following:
Again reiterated his position that I was trying to commit fraud (in his own words, it is "a fact"). He used
the analogy of breaking the law in that a policeman caught me speeding in a car and now I am trying to
avoid a speeding ticket.
While he admits having a copy of the email (below), he continues to say he does not know what I am
looking for to settle this issue.
When I asked him about the call that was supposed to occur on 08/24 with Zinah, he admitted not
calling me to cancel the conference call with Zinah, and apologized for not doing so. He said Zinah was
unavailable that night.
He said that if we did not settle the issue by the time we completed our call, it was going to be a long
time before he would contact me again because of Zinah's unavailability and the fact that he, Santos, was
about to go on an extended vacation.
Since he apparantly owns Sparrus Corporation, and because of his accusation against me of fraud, I
told him that I could not negotiate a resolution with him until someone with authority over him is also on the
phone (or in person). In my opinion Zinah, or another equivalent, fulfills that role.
While I remain committed to a peaceful resolution with Comcast, I am also steadfast in simultaneously
pursuing resolution through the FCC, the Public Utility Commission of Texas, and the Better Business
Bureau.
Thank you,
Michael B. Odle
119 Mesquitewood Street
Coppell, Texas 75019
Michael Odle <odle @swbell.net> wrote:
Marvin - Re: Comcast Complai Page 2
Keith aM r
Mr. Marvin,
This email confirms Comcast's unwillingness to negotiate a good faith resolution with me for damage
caused by Comcast's contractor to my property (119 Mesquitewood Street) that occurred on July 16,
2005. The facts, in brief, surrounding this incident are as follows:
Damage to my landscape: there is a sunken trench line that extends between the right -of -way and the
side of my house where Comcast service wire stops on the wall. I have been hand - watering the grass on
this trench line on a daily basis to keep it alive. The trench line, however, continues to sink.
Time away from work: on 07/28/2005, Leroy Smith with Trinity Insurance (the authorized insurance
company for Comcast's contractor) called to say that he would have to send a Claim Examiner from
Penn - America to my house to view property damage. Mr. Smith asked that I be at my residence to meet
the Claim Examiner. Mr. Smith also said the meeting would be at a time convenient for me and that I
would not have to take time off from work. However, at 3:48pm that same day, another Trinity Insurance
representative (Glenda) called to set the appointment and stated that an Examiner would meet me on
Tuesday, August 2, 2005, between 1 pm and 4pm, which is during my work day. When I asked her if she
could do this after business hours, she said that this time frame was the best she could do.
SPECIAL NOTE: The Penn - America Claim Examiner never met with me on August 2, 2005. Either (1) the
Penn - America Claim Examiner came to my residence but never contacted me (in which case I was not
needed after all), or (2) no Penn - America Claim Examiner ever made a trip to my residence, nor did a
Penn - America representative ever call me about this meeting to reschedule or to cancel.
Cessation of cooperation: Penn - America sent me a letter in the U.S. mail dated August 2, 2005 (the very
day that I was told to be home so a Claim Examiner could meet me at my residence) stating that they had
closed the file on the damage to my property and consider the issue settled.
Mr. Marvin, Comcast will not return my phone calls and has denied my request to negotiate a good -faith
settlement on damages. Your assistance in helping me resolve this matter would be greatly appreciated.
Thank you,
Michael B. Odle
119 Mesquitewood Street
Coppell, Texas 75019
Cc: Federal Communications Commission
Public Utility Commission of Texas
Better Business Bureau