Complaints

• Initial Complaint

  18/07/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  During Sep of 2022 I was shopping around for a CPAP kit. I spoke to the respondent after which i got a message from his paid employee. **********  *** that she has one. I believe their employee contracts provide for sales targets and that they only sell ****** machines as  what i consider deemed agents of ******. I went to her  clinic on ** ******** *** *******.  She sold me the kit indicating that she’d later need a prescription .  After a lot of back and forth  , she got a prescription much later, requiring a certain test . This test showed problems resulting in Alberta Health requiring work to facilitate reimbursement.  For this kit. This test showed lots of issues. On complaining to the CEO i mentioned that i had actionable evidence that this faulty machine , which I believe was pre owned with a warranty period much shorter than a new kit.-  Had caused a stroke on Dec 12 2022-Resulting in hospitalization, and an operation to remove the clot from my brain I was represented to that they wouldn't even “ fix “ this machine  . But return the faulty machine. “ un-repaired. As I figure, a vendetta. I  rejected delivery of these machines-Twice. It transpired that ******,  then sent a new kit , in their 3rd attempt, which I eventually received and  for which i do not now get support.  He said he had lawyered up , his employee based in his Corporate HO  being his lawyer. I got no reimbursement for this faulty machine whereby I was anticipating successful reimbursement  using proper procedures. This expenditure , where a cpap kit purchased inter alia in breach of sale of goods legislation has also caused serious cash flow problems for me.    Without prejudice to my rights to any action in tort, that reimbursement would mitigate damages   I look forward resolution of this issue with *** mediation. With a professional undertaking as to confidentiality . See draft affidavit ready for any action elsewhere for inter alia, punitive damages Yours truly ****** * *********

  Business response

  25/07/2023

  Good afternoon, 

  in relation to complaint #20338605, we are awaiting a response from *** (telephone inquiry made on July 25, 2023) as to how best to proceed with providing a meaningful response to the complaint while still protecting patient privacy. We have drafted a response which will be amended accordingly and submitted in a timely manner to *** once we have this feedback. Please feel free to contact us at **********************. 

  Thank you

   

  Business response

  27/07/2023

  Peak Pulmonary Consulting Inc’s (“Peak” singularly) first interaction with the patient was December 27, 2021 and the equipment in question was purchased on March 22, 2022. On Feb 1, 2023 the patient reached out advising the machine was not working correctly and on February 8, 2023 we advised the machine could be shipped to the vendor for repair if necessary. The machine was received by Peak on February 13, 2023 and the machine was submitted to the vendor for a full assessment. A new machine was received from the vendor on April 26, 2023 which was couriered to the patient, who refused the delivery. On April 28, 2023 the patient decided to accept the new machine, which was delivered upon instruction at that time.  
  
  Peak followed standard patient protocol in our interactions with the patient. All patient invoices state medical equipment are non-refundable and ultimately the patient received a replacement machine. Peak employees are not vendor representatives and we supply comparable products from multiple vendors. Our interaction with the patient has been professional and we have not retained legal council regarding this matter.

  If further information is required, please contact **********************. 

  Thank you

  Customer response

  31/07/2023

  
  Complaint: 20338605
  
  I am rejecting this response because:

  I have, regretfully , evidence that the submission from the respondent contains actionable “alternative facts.”
  I never asked for  nor agreed to the fixing up of this dangerously faulty ****** cpap kit. Sold inter alia in breach of sale of Goods legislation. And without a doctors prescription.
  The facts i submitted in my brief speak for themselves.
  The respondent on repeated occasions tried to return this faulty machine  . (as a result of some vendetta  and which  faulty machine I repeatedly rejected.)
  The post lady at our building was aware of my requests to return this “faulty”  machine. 
  ****** of their own accord later sent a new machine  to the respondents and   when the respondents discovered, was  a new machine they advised me they were forwarding it to me. 
  I told the post lady she could pass this on to me.
  i did later receive  it “ with a replaced warranty” for new machines but for which i have no support.
  I am not aware of anything other than ****** or Phillips equipment. I believe Phillips owns ******
  I was never told that they sell makes of CPAP kits other than ****** kits.
  When Mr ****** told me “he had lawyered up”  it turned out to be ms *******, the respondents employee.
  She, on behalf of Mr ****** refused to even reimburse me for the mask their “ sleep Therapist”  made me pay for.
  I have evidence that this faulty machine was sold to me by their sleep therapist before a doctors prescription.
  I gather their employment agreements have sales targets.
  I also have evidence that this faulty CPAP kit caused my stroke of Dec 12 2022  in the US and my relapse of Jan 9 2023 where i was the the  calgary hospital stroke unit for 11 hours.
  This stroke has caused severe debilitations and they can mitigate damages by reimbursing me for what i understand is   pre owned machine sold to me for the price of a new one.
  
  Yours Truly
  ****** *********
  

  
  

  
  
  

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