On May 25, 2005, I opened an account with Clarksville Gas and Water Department, and gave a $225 deposit, which I was told would be refunded after four years. Four years later, on May 26, 2009, I applied for the return of my deposit. The clerk and her supervisor told me that new policies instituted by new management prohibit returns until after service ends, and “THE CITY CAN DO WHATEVER IT WANTS”.
I filed suit, charging breach of a legal contract, diversion, and unfair trade practices. No attorney arrived to represent the city in General Sessions Court on July 8, so Judge Shelton phoned the city attorney, Lance Baker. He later met with me, which gave me the opportunity to explain my case and share the evidence. We then went before the clerk, who reset my case for a two-hour trial before Judge Grimes on November 9th.
My evidence includes printouts, from Clarksville Gas and Water Department of my account.
They show my $225 deposit of May 25, 2005, and my billing and payment history for the past four years, with all payments timely made. They also show the May 26, 2009 comments from gas and water employee Becky W., “Cust. called wanted dep. refunded to his account. It has been 4 years since he paid it. I told him that policies have changed, and we do not apply after 4 years. (He) wanted to talk to supervisor. Gave info to TG BW.” Tracy’s (TG BW) comments are, “Spoke with Mr. Cutting regarding the deposits being refunded and that we no longer refund the deposits, that they are held on the account until closed. He stated he has already contacted The Leaf Chronicle and his attorney.”
Other residents that will also not receive their promised deposits, may wish to contact me, as we may have the basis for a class action suit. Do we really want the city of Clarksville to be able to “DO WHATEVER IT WANTS,” to whoever it wants, regardless of the law, and whom it hurts?
David L. Cutting
Resident of Ward 8