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Consumer Complaints

BBB Accredited Business since 12/31/2009

The Upgrade Company

Phone: (231) 242-0946

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Customer Complaints Summary

3 complaints closed with BBB in last 3 years | 2 closed in last 12 months
Complaint TypeTotal Closed Complaints
Problems with Product / Service3
Advertising / Sales Issues0
Billing / Collection Issues0
Delivery Issues0
Guarantee / Warranty Issues0
Total Closed Complaints3

Complaint Breakdown by ResolutionAbout Complaint Details

Complaint Resolution Log (3)BBB Closure Definitions
05/26/2014Problems with Product / Service | Read Complaint Details
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Additional Notes

Complaint: I purchased an amplifier that did not work. ***** ******* has given me nothing but grief and hassle every time I tried to handle this problem.
I purchased a ******* amplifier ******* and receiver ******* on 3/12/12 for $3,698.70 - "The Upgrade Company LLC Purchase Order - *******". The ******* receiver did not work as delivered and was replaced with an **** ** DVD player.

The ******* Amplifier failed less than 2 weeks after receiving it. I have tried to resolve this situation numerous times to no avail, which can be verified by numerous email communications.

I have done everything requested of me by The Upgrade Company and I still don't have a functioning product or even a broken one almost 2 years later. (I don't have the unit because it was sent back to the Upgrade Company to be repaired at my expense. ***** Tracking no.: ***************. **. ******* now denies having the unit. **. ******* has blamed me for causing the problem from day one and even has the audacity of accusing me of criminal acts.

On Dec 9, 2013, I requested to have the unit sent back to me. **. ******* then accused me of receiving a refund and not returning the ******* in this voice mail: "***** ****** I suggest you call ***** ******* at the Upgrade Company... We have retained an attorney to sue you for consumer fraud and attorney's cost here. You got a refund apparently and you kept the unit. There's also shipping cost. And we have a letter and quite a bit of evidence against you. So unless you want to retain an attorney, you are going to have to call back and straighten this out. I've already retained one out there". The phone message will be transcribed by a certified court reporter if necessary.

Initial Business Response
From: ************************
To: **********************
Sent: 12/26/2012 10:02:12 P.M. Eastern Standard Time
Subj: ***** ******
Hello *****,

This is ***** ******, we spoke on the phone Monday, December 24th, 2012, regarding the scam that one of your customer's, ***** ******, is trying to pull on you.
I work with ****** ** ************************************

One day he approached me asking if i was interested in purchasing a ******* amp from him. He said that the amp was at your store and that all I had to do was contact you regarding a new warranty and have the amp shipped to me. So, about 40 days ago, I did call you and you said that all ***** ****** had to do was pay the shipping because there was nothing wrong with the amp.
When I gave this information to ******, he told me that he was actually not looking to sell the ******* amp but to simply have you ship it to me with a new warranty so that later we could exchange it for a new amp or a refund.

I told ****** that I was not comfortable doing this and that it was actually illegal for us to try and scam you for a new warranty or a new amp.
One day at work he confronted me and called me a ************ for "backing out" of the deal. I have three witnesses that saw the whole thing.
If at all you need me for any legal charges against ***** ****** feel free to contact me.

My suggestion to you is that you contact him and have him pay the shipping cost and do away with any other transactions with him.

I am sure he is going to try and get someone else to do the scam for him.

***** ******
************


Initial Consumer Rebuttal
***** ******
*******************
*****************
February 27,2014
*** ******* BBB Complaint Department*************************** ******************************
RE: Complaint **#: ********
Dear ***,
I reviewed the online version of an email correspondence between ***** ****** and ***** *******.
**. ****** makes a false accusation in the email that I somehow attempted to "scam" **. *******. It should be known that when the email wassent.**. ******'* employee status at the firm of ********-***** was under review due to a formal complaint issued by myself that ***** ****** physically threatened me. During this review **. ****** attempted to justify his violent actions against my person by stating that I propositioned him to scam the Upgrade Company. He used these accusations in an effort to retain his employment by slandering me in order to keep his job. I also believe that **. ******'* action of sending the email to ***** ******* was an effort to get revenge for filling the formal complaint with our employer.
I freely admit that I discussed the matter with **. ******. But, my efforts were not to scam anyone. I simply proposed an idea, a notion, to my friend (at the time) that perhaps there was some possible way to get the ******* unit back or get a
refund because it was impossible to get any satisfaction when dealing with **.
*******. After that **. ****** made the call to **. ******* inquiring about the unit without my knowledge and against my wishes. In fact, I originally communicated to ***** that all correspondence be in writing so as to be able to substantiate any claims. After that **. ****** physically threatened me and used my innocent exchange of ideas as a means to keep his job. I never did anything sinister, criminal or tried to scam anyone.
***** ******'* email fails to substantiate ***** *******'* claims that he sent the ******* ******* to *****, myself or anyone for that matter. Nor does it show that a refund was ever issued. On the contrary, the communication from ***** ****** is evidence that **. ******* did not send the ******* unit to **. ****** nor was a refund given to **. ******.
I don't see the reasoning why **. ******* sent the email as evidence to support his case to my original complaint? Perhaps it was an attempt to introduce a "red herring" that shifts attention away from his actions. It would have made more sense for him to send any evidence that supported his accusations. But, **. *******'* statements that he issued a refund and that he never received the unit in return have never been substantiated by any documentation. That's because these transactions never occurred. I challenge **. ******* to come up with any documentation that proves his point.
On the other hand, I have previously surrendered documents to substantiate that I purchased the ** **** and sent the unit to the Upgrade Company and that it was received personally by **. *******. I've also provided receipts that show the unit was inspected by **. *******'* own repair facility and that **. ******* does not have my unit by his own admittance.
I trust that your BBB investigation takes into account only the facts based on
documented evidence.
Sincerely,

***** ******
************
****** _ *************

Final Business Response
Again, **. ******'* perfectly operating ******* amplifier was shipped back to him well over a year ago to the ****** payment address of record which was his former employer.

**. ****** has still failed to return our loaner************ DVD CD player. At this point no payment nor return of the **** loaner has been offered by **. ******.

We have obtained a letter from a former co-worker of **. ******'* which attests that **. ****** is a dishonest man and a trouble maker. Based upon **. ******'* behavior in this instance by his failure to return the **** loaner player, we agree.

If **. ****** will pay the $2299 for the ** upgraded **** loaner player that would be a first step in the right direction.

Complaint Resolution: Company addressed the complaint issues. The consumer failed to acknowledge acceptance to BBB.

05/23/2014Problems with Product / Service | Read Complaint Details
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Additional Notes

Complaint Category: Services resulted in additional damage (exp. Damaged product during shipping)

Complaint: Failure to repair an amplifier as contracted, instead sent it to a 3rd party without my knowledge or consent, doubling the charge. Failure to take res
I contacted the Upgrade co. to repair a McIntosh MC 7100 amplifier on December 17, 2013. They said that they would. I sent the amp to them via ***** tracking no.
**************

On Tuesday Jan 14, 1014, I got a bill from Upgrade through ****** for $360, which I paid. The amp was sent to me via *****. When I got the amp it was non-functional.
I found that the Upgrade Co., without my knowledge or approval, had sent the amp to a 3rd party, ABL Electronics in Detroit. Their bill was $108.36 to replace a light bulb. Upgrade Co. had billed me for ABL's, postage, and a mark-up to total $360. Included in this transaction were unnecessary round trips for the amp to be sent to Detroit and back to Gaylord, and then to Flagstaff. At my complaint, Upgrade refunded the $360.

I sent the amplifier back to ABL Electronics. They said that now, the amplifier had serious problems, necessitating a $400 repair bill. I notified Upgrade Co. They took no responsibility.

I attempted to file a damage claim with *****. They refused it because it was sent on a roundabout route to Harbor Springs, and then to my home In Flagstaff, AZ.





Initial Business Response
Holding The Upgrade Company responsible for 3rd party ***** damage is not the proper course of action. **** has not properly pursued nor appealed his ***** Damage claim and that is the proper avenue he ought to be seeking.

The bill of sale is with *** *********** and *****. **** ought to appeal his damage claim with ***** and *** ***********.

Again no upgrade nor any work whatsoever at any time was performed by The Upgrade Company.

We did not agree to perform repairs upon this unit once it arrived. Your amplifier was not even opened on our premises and we did not ship the amplifier back to you. *** *********** and ***** did. Why haven't you opened a BBB case against ***** and *** ***********?

Mr ****** is not stating the facts correctly nor honestly.

The Upgrade Company does not perform repairs unless it is part of a paid in full SE upgrade. We are not a repair shop. Mr. ****** was advised that at the time McIntosh factory repair was more then 28 weeks backlogged. Mr. ****** did not want to send his amp to McIntosh and he wanted it repaired as soon as possible and could not afford our fee for our SE upgrade. Therefore the unit was not even opened on our premises.
It was driven to an experienced McIntosh repair center downstate at a huge time and cost expense to us as **** was a previously honest and reasonable client and we were bending over backwards to please him. The unit was opened and repaired by *** *********** in Madison Heights Michigan and apparently becomes badly damaged during shipment by *** *********** to **** in Arizona. **** has not properly pursued nor appealed his ***** Damage claim and that is the proper avenue he ought to be seeking.

We are certainly displeased with **** ******'s dishonesty and lack of stating the facts correctly and total lack of appreciation for our incurring huge time and fuel and traveling expense to assist him in his demands for a speedy repair.

We consider this matter closed. If Mr. ****** continues to wrongly harass and pursue 3rd party damages against us we will be sending Mr. ****** a bill for our time & expenses spent on this matter. No further work will be performed for Mr. ******.

Complaint Resolution: Company addressed the complaint issues. The consumer failed to acknowledge acceptance to BBB.

03/01/2012Problems with Product / Service

Industry Comparison| Chart

Audio-Visual Equipment - Dealers, Audio-Visual Equipment - Service & Repair, Audio-Visual Equipment - Supplies & Parts

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