customer unhappy with data recovery

pceinc

Active Member
Reaction score
36
Location
Maryland
Not really looking for solace here just venting and telling my story in case it helps a fellow business dot the i's and cross the t's.

Back in November we had a long time customer bring a PC in that had a hard drive failure. Drive would not spin up so pro data recovery was provided as an option. The customer had a backup we created a year ago but had many files created in the last year that he wanted to recover. We provided him with the standard $100 eval to send it out and also provided a liberal range of typical repairs before doing so which were $800-$2500. He was okay with that and approved us to send the drive out. In the mean time, we restored his backup from last year to a new computer he decided to have us build. No labor tacked on at all. We figured he was going to be paying through the nose for his data recovery and we would makeup any profit from that. In between waiting for the data recover eval results, he brought the new PC back in a couple of times to sort out an issue he was having with a very old DOS based word processor called Prowrite. I know, DOS right?... All of his files for his boat appraisal business are in this program format. My tech reloaded the new PC with XP since he bought the new PC with 7 Pro. Got the program working and he was off. The hard drive eval came back so I personally called him to discuss. Out of the entire drive, 93% files were recovered good and 7% recovered partial. I explained to him that many of these files are not needed since they are system files and such that were already replaced with the new PC. I advised him that I could simplify the summary and provide the list of recovered for Prowrite and all sub folders and files which turned out to be 96% recovery out of 3956 total files in the Prowrite folder and all subfolders. I explained to him that he needed to view this list of files to see if any of the files he deemed important were Good or Partial. I explained that we cannot decide as to whether his files are important to him, just whether they are recoverable or not. He agreed to do so before committing. Later the same day he comes in to prepay the recovery fee which amounted to about $1800. A few days later the drive with the recovered files arrives and we call the customer to bring the computer in for us to restore. Also note, no additional labor has been added for anything including the XP reload. My tech restores the Prowrite folder and shows him how to access both the restored data and his original data from his year old backup. Fast forward a few days and his computer is back again. He is unable to open a few files that are important to him. My tech gets the file names and determines they are in the partially recovered list. We inform him and he admits to never viewing the list I sent. He also proceeds to say that by his account, only 50% of the files he needed had been restored. He comes up with this figure by deducting the amount of files added or changed in the last year from his original backup. We explain to him that the recovery process attempts to get all files, not files he may or may not have a backup for. The recovery company does not know he had some of the files from a previous backup and did not need them recovered. I explained to him that it was his responsibility to view the list and he did not. Therefore, we cannot be responsible for files that are not recovered. If we had been provided with a list of files he deemed important, we could have searched the list and informed him they were good or partial.

He brought the computer back in again this week with a letter stating he is very happy with the new computer and the service we provided but feels the data recovery company misrepresented the amount of files recovered and that if he knew only 50% of the files he needed were recoverable, he would not have spent the $1800. He goes on to state that he could dispute the charge with his CC company but he would rather not do that. He also accepts "partial fault but feels he should not be on the hook for the entire amount."

I just finished reviewing all files we kept on this job as well as looking at a list of files he brought in this week that he deemed important. Of those files on this new list, several are partial, and several are good. Had he looked at the list in the first place, he would have known this prior to committing to the recovery job. I wrote a reply letter as I want any future correspondence with this client in writing. My reply basically recalls the sequence of events and communications between us and points out that he neglected to review the list of files we sent. I also pointed out that all labor involved with building, restoring, rebuilding, and restoring recovered data has not been invoiced.

This is the equivalent of buying a lottery ticket, not winning, then wanting your money back.
 
Did your client provide a full list, prior to you sending the drive for data recovery, of the exact file names to be recovered? Either way, you provided him with a list to review, whether or not he chose to look at it, he approved it and paid for the recovery.

As long as you have some sort of document trail to prove that he approved the provided list of files, you are covered.
 
Unless he has not paid I wouldn't deal with him further. He is making an empty threat. But if he does anything to disrupt your payment that I would sue him immediately. You have the documentation of the list. He had the chance to review. No judge is going to approve it.

If he hasn't paid then sue him right now. You file the suit, he'll pay.
 
My reply basically recalls the sequence of events and communications between us and points out that he neglected to review the list of files we sent. I also pointed out that all labor involved with building, restoring, rebuilding, and restoring recovered data has not been invoiced.

Personally, I wouldn't say neglected.... I would word it differently, but without saying so. Something like...

We provided you with a complete list of files that were recoverable, and those that were only partially recoverable for your review. Upon reviewing the list of files, you gave us confirmation that you wanted to proceed..... blahdy blahdy blah...

That way, you don't point blame. You just say that he gave you confirmation based upon the information you had given to him. It's not negative to him at all.

Andy
 
If he disputes the credit card charge take him to small claims court. It's cheapo and you do nto have to hire a lawyer. Embarrass him.
 
I had similar problems several years ago. NO matter how much you tell them it's out of your control, they don't spend enough time to verify until it's too late. I guess they assume they can always work out a deal. This is one of the reason I invest on my own data recovery, so I can negotiate if I was only able to recover partial data.

Another way to avoid the same issue is use a third party that will give you a commission but they deal directly with the client. In the event the same thing happen, it's between them and not you. The only draw back is less profit.


Good Luck
 
Last edited:
Not really looking for solace here just venting and telling my story in case it helps a fellow business dot the i's and cross the t's.

Ok so definitely there's a case there for procedural review.

No you're not in the "wrong" here.

Yes he's being a tosser.

But some customers are tossers.

So, the question is, how can you avoid this happening again?

After reflecting on the chain of events, what would you do differently next time?

Jim
 
Of the $1800, how much was your cut? I would ask him with his understanding he made the mistake, what he thinks is reasonable, get him to talk a figure first. It may as a courtesy be worth refunding part of it from you cut on the job. Bad reviews and bad word of mouth based on his bull#&*@ still cost you future clients and money. It may be better to lose the battle but win the war.
 
I haven't done much data recovery jobs but have one coming in next week, an external drive "making grinding noises and won't connect to my pc." Thanks for sharing this, really gives me something to think about with this upcoming job.

As a side note, I loved Prowrite "back in the day." It was my favorite DOS based word processor.
 
Ok so definitely there's a case there for procedural review.

No you're not in the "wrong" here.

Yes he's being a tosser.

But some customers are tossers.

So, the question is, how can you avoid this happening again?

After reflecting on the chain of events, what would you do differently next time?

Jim

I know what I will do different next time.

"Did you review the list of files? Are you sure? 100% sure, because once we proceed there is no turning back. If it turns out that even a single file you wanted is not recoverable and was in the list as not recoverable, your still responsible for the fee. Okay, last chance. You're sure you're sure right?"

The gentleman I was speaking with today that declined his recovery job asked how long the data would be available after we decline the job. This made me think and ask him again, is this your final decision. His reply, "If I win the lottery tonight, I'm calling you tomorrow and telling you to proceed with the recovery." I told him I would be patiently waiting for his call.
 
Maybe in the future you can have a customer sign off the possibly recovered files sheet, and have some verbiage attached that states signature means the customer has read the list and approved it for recovery.
 
I know what I will do different next time.

"Did you review the list of files? Are you sure? 100% sure, because once we proceed there is no turning back. If it turns out that even a single file you wanted is not recoverable and was in the list as not recoverable, your still responsible for the fee. Okay, last chance. You're sure you're sure right?"

The gentleman I was speaking with today that declined his recovery job asked how long the data would be available after we decline the job. This made me think and ask him again, is this your final decision. His reply, "If I win the lottery tonight, I'm calling you tomorrow and telling you to proceed with the recovery." I told him I would be patiently waiting for his call.

Yeah... thats the crux of the issue.

Seems to me this is an aspect of the broader conversation that should occur in writing.

The data recovery company we outsource to uses proforma emails for all of their correspondence. Frankly I find the guy a bit annoying to deal with as he is so bloody officious. *but*, I dont reckon they would ever have a situation like this as everything is emailed, and the emails cover these type of contingencies, and definitely thats the intention behind doing things that way.

Just a thought.

Thanks also very much for sharing. This brings to light the issue here for us, and we will definitely be tightening up this aspect here as a result of your experience.

Jim
 
Last edited:
I'm in the middle of a recovery at the moment and e-mailed my customer a screenshot of the root directory folders and files, and another of the files in the directory she especially wanted recovered. I told her that the listings don't necessarily mean the files are recoverable and that I won't know for sure until I've actually tried the recovery. It's like a snapshot of the table of contents of a book, where some pages could be missing/unreadable. I asked if she wanted to proceed with the recovery and she said yes, to go ahead (in her e-mail). Maybe some of that wording would be good to incorporate into the e-mail providing the quote.
 
His reply, "If I win the lottery tonight, I'm calling you tomorrow and telling you to proceed with the recovery."

And if he doesn't win, he's going to have a talk with the guy who sold him the ticket :D

Thanks for posting this though. Very good reminder to get written confirmations for things that cannot reasonably be refunded.
 
I think the main thing here is that the client either didn't fully understand or didn't listen to what you were trying to tell him.

I would HIGHLY recommend he converts his "documents" to a much more modern format, especially the ones pertaining to his business. He's playing with fire there and he IS going to get burned. Only a matter of time.

Secondly I would 100% get a listing of files successfully recovered and those that were not. I would explain to the customer, while showing them the list, which files were able to be saved and which ones were not. I would make photocopies of that list and have them sign off on a copy for them to keep and sign off on a copy for you to keep.

Also put in that disclaimer along with the signed off on recovery listing that you are not responsible for the data recovered and that it would come down to the policies of the subcontracted company in regards to the data that was and or was not able to be recovered. Have them sign off on this.

Lastly, never give work away. You did what you thought was a nice thing and ended up giving several hundred dollars of free work away for a customer that comes in grumbling at you for no fault of your own. If you do work, charge for the work.
 
Back
Top