This story was written and reported by Plamena Pesheva.
Imagine the frustration of ordering fuel and not getting it delivered. How about paying for it and still not receiving the service?
That's what happened to at least on Yorktown resident. Rose Rothe told Patch that over the years there have been some "sketchy" things happening. One time, she wrote a check to Nu Way Fuel and Service Corporation, based out of Peekskill, but her credit card was charged a second time.
The next time she paid in advance for fuel, it never got delivered as promised by the company's chairman David DeSilva Jr. She has still not gotten back close to $1,000.
She is not alone.
Lucian Chalfen, a spokesman for the Westchester County District Attorney’s Office, said his office has received "a couple of thousand" complaints about Nu Way Fuel mainly from Northern Westchester customers.
"We're looking into it to see whether there are any criminal actions," he said.
Imagine the frustration of ordering fuel and not getting it delivered. How about paying for it and still not receiving the service?
That's what happened to at least on Yorktown resident. Rose Rothe told Patch that over the years there have been some "sketchy" things happening. One time, she wrote a check to Nu Way Fuel and Service Corporation, based out of Peekskill, but her credit card was charged a second time.
The next time she paid in advance for fuel, it never got delivered as promised by the company's chairman David DeSilva Jr. She has still not gotten back close to $1,000.
She is not alone.
Lucian Chalfen, a spokesman for the Westchester County District Attorney’s Office, said his office has received "a couple of thousand" complaints about Nu Way Fuel mainly from Northern Westchester customers.
"We're looking into it to see whether there are any criminal actions," he said.
Some of the customers who are looking to recoup their money from Nu Way have filled small claims at the Peekskill City Court. Within the past three to five months, between 18 and 20 people have filed claims that total $34,000, according to the court clerk’s office.
The problem, according to the court clerk's office, is DeSilva Jr. or another representative has not been showing up to court.
Since January of this year, there have been more than 40 consumer complaints against Nu Way Fuel, according to Westchester County Consumer Protection officials.
John P. Gaccione, the acting director of the county’s Consumer Department, said most of the complaints are about non-delivery of previously paid for heating oil, as well as double billing on credit cards for single deliveries.
"The complaints and the company continue to be under investigation and releasing any additional information may jeopardize resolving consumer complaints," he said.
Nu Way Fuel is also listed on the county’s Renegade Renovators list. The Consumer Protection Department maintains a list of unlicensed problematic home improvement contractors, according to its website.
When reached by telephone on Wednesday, David DeSilva Jr. told Patch that he wasn't able to talk. Then, he hung up the phone.
Stacy Silverstein, of Somers, said she first became a customer of Nu Way is 2010.
"I had no problems with Nu Way until April 1 when I realized my oil tank was empty; they hadn't come to do the automatic delivery since January," she told Patch. "This was strange, but my kid had the flu and strep throat and a cold front was coming in so I needed oil ASAP."
When she called Nu Way, she was told there were a couple of oil trucks down and that they were booked for the day. However, DeSilva told her he would help by bringing 15 gallons to get her through the next few days until he could deliver the oil.
Silverstein said she paid him directly for 200 gallons of oil, $720.
"That evening he came and hand-poured 15 gallons into my tank telling me that he would be back by the end of the week with the remaining," she said.
A few days later, she received another 10 gallons and was told the trucks were still down. She then starting calling the business. No answer.
"This started smelling very strange that a business that used to answer their phones was not picking up and voicemails went directly to David DeSilva's cell phone," she said.
She started doing some research and found there have been other similar complaints – people prepaid for oil, but never received the full fill.
"The wheels of justice are so slow," Rothe said. "This guy can never be held accountable for the amount of money he owes and he’s just walking around with all his rights like the rest of us."
John P. Gaccione, the acting director of the county’s Consumer Department, said most of the complaints are about non-delivery of previously paid for heating oil, as well as double billing on credit cards for single deliveries.
"The complaints and the company continue to be under investigation and releasing any additional information may jeopardize resolving consumer complaints," he said.
Nu Way Fuel is also listed on the county’s Renegade Renovators list. The Consumer Protection Department maintains a list of unlicensed problematic home improvement contractors, according to its website.
When reached by telephone on Wednesday, David DeSilva Jr. told Patch that he wasn't able to talk. Then, he hung up the phone.
Stacy Silverstein, of Somers, said she first became a customer of Nu Way is 2010.
"I had no problems with Nu Way until April 1 when I realized my oil tank was empty; they hadn't come to do the automatic delivery since January," she told Patch. "This was strange, but my kid had the flu and strep throat and a cold front was coming in so I needed oil ASAP."
When she called Nu Way, she was told there were a couple of oil trucks down and that they were booked for the day. However, DeSilva told her he would help by bringing 15 gallons to get her through the next few days until he could deliver the oil.
Silverstein said she paid him directly for 200 gallons of oil, $720.
"That evening he came and hand-poured 15 gallons into my tank telling me that he would be back by the end of the week with the remaining," she said.
A few days later, she received another 10 gallons and was told the trucks were still down. She then starting calling the business. No answer.
"This started smelling very strange that a business that used to answer their phones was not picking up and voicemails went directly to David DeSilva's cell phone," she said.
She started doing some research and found there have been other similar complaints – people prepaid for oil, but never received the full fill.
"The wheels of justice are so slow," Rothe said. "This guy can never be held accountable for the amount of money he owes and he’s just walking around with all his rights like the rest of us."
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