SAFE Security - San Ramon CA

They breach their own agreements

22nd of Jun, 2011 by JessicaBrown

My problem has been going on for over 1 year when through a routine service call (preventive maintaince, system check, etc) I discovered that SAFE Security's monitoring stations were no longer able to monitor my Sprint Fone Safe equipment.

According to the SAFE Security technician, this was due to an upgrade of SAFE's monitoring station systems. While SAFE was fully aware of the situation, the only remedy/option I was offered was to purchase new equipment. Despite the fact that new equipment was the ONLY way for them to continue to offer monitoring services, SAFE did not offer any other concessions/remedies such as discounted monitoring fees or even a discount on the new equipment they were trying to force me to buy. SAFE Security simply expected me to pony up the money for new equipment, and refused to cancel the agreement though clearly (through no fault of mine) they were unable to provide monitoring services.

I refused to be forced into an equipment purchase that I was not obligated to contractually, and told them as much. They pointed out that I had signed an agreement with them. I pointed out that there was two sides to this agreement, and they too had failed to live up to their end. (by upgrading their systems so that they could no longer monitor my equipment) PLUS, my contract included equipment maintenance.

I had many phone conversations over the next 11 months with various SAFE Security representatives where I repeated this same story. The end result was always the same, they wanted to talk me into buying new equipment. When I would not budge, they would point out my alleged "breach of contract" yet take no responsibility for their own breach of the agreement.

The last phone call I had with a SAFE Security representative, she told me they would sell me the new equipment at a discounted rate and write off the alleged balance due only if I agreed to purchase the new equipment. I told her that regardless of whether or not I agreed to purchase new equipment, that the balance should be written off because they cannot bill me for and expect me to pay for services they DID NOT provide. (and SAFE Security is KEENLY aware that they cannot provide me with services.. hence this is why they keep trying to sell me new equipment)

Finally last month I get a "Final Notice" statement threatening to discontinue my monitoring services if I do not pay the past due monitoring fees. The most laughable part was that the "Final Notice" includes a very ominous message about how I could end up with NO PROTECTION if they discontinue my services.. I had to laugh.. I had already had a year (probably more) of no protection from these clowns.. What was actually going to be DIFFERENT if they followed through on their threat.. I sent a written response recapping the entire fiasco, and how the only remedy I would find satisfactory at this point was for them to credit this balance, and leave me alone.

SAFE Security's response to my letter was to send my account to the firm of Rosenthal, Morgan, & Thomas, Inc. I sent them the same letter letting them know where I stood on this matter, and that I firmly disputed this balance. In response they sent me a copy of my contract and continued to stand on my alleged breach of the contract.

We received THREE calls in one day from this firm. (home phone, my cell phone, my husband's cell phone) Their representative Luther Elliot (probably NOT his real name) only left a message on my husband's cell phone (he left NO message on the other two numbers). I spoke with this Luther Elliot this morning (June 9, 2009). He informed me that he had contacted me because his recommendation to his client was that they should seek civil litigation against me. However, he wanted to give me an opportunity to settle this matter outside of court. I informed him that the BEST thing he could do was to advise his clients to seek civil litigation against me in this matter. I told him that at this point since both sides are clearly at an impasse that perhaps the ONLY way to settle this matter was to go before a judge. While SAFE Security seems to want to stand on "breach of contract", my position is that the minute they no longer were able to provide services that they effectively terminated the contract. Funny how they do not see their actions in this way.

I plan to continue to dispute the charges. In my opinion, SAFE Security is unethical, and conducts business like corporate terrorists. I would NEVER recommend this company to ANYONE. This story was the last straw for me with these clowns.. If I told you of my entire history with this company going all the way back to my early days with them including their relationship with SESSCO and the story of how I ended up with the Sprint Fone Safe equipment.. Well I just won't go there..

Let me summarize

Sometime before May 2008, SAFE Security upgraded their monitoring station systems.
SAFE Security never notified their customers of these system upgrades.
SAFE Security never notified their customers that these upgrades might prevent some older equipment from communicating with the monitoring station.
SAFE Security's system upgrades prevented their monitoring station from being able to communicate with my equipment.
Therefore SAFE Security was unable to provide monitoring services

It's very simple. No service provided = No money owed for service

This is still a disputed debt. The only remedy SAFE Security ever offered was for us to buy new equipment. NOWHERE are we contractually obligated to buy new equipment to keep up with SAFE Security's system upgrades. It is SAFE Security's own actions which prevented them from being able to provide monitoring services. SAFE Security is continuing to attempt to extort money from us for services they are fully aware that they could not provide.

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