John from Riverside Posted September 3, 2004 Posted September 3, 2004 I finally got the owner on the phone (who only responded to me because I said I was withholding payment till I talked to him) - Sending over a guy today to pick up final payment - Threatened to put a lean on my house if I didn't pay - Threatened not to honor my warranty if I contacted the BBB or did not pay - Blamed the delays on the 3 inspection failures at the end of the project....blamed my dogs for everything else - Said that if I didn't pay I "wouldn't be able to use my pool until it was resolved" HOW IN THE WORLD IS HE GONNA STOP THAT Man....I am just fuming here....part of me just wants to write the damn check tape it to a grenade....and throw it threw Cal Wests biulding window.....part of me just wants to tell him....I aint paying until you make ammends...... If I had more time to screw with this (I am on a Carnival Cruise boat come Monday) I would tell this guy to go :I starred in Brokeback Mountain: himself....but after talking with him on the phone I am genuine concerned he might come over and sabatoge my pool when noone is there....... Thoughts?
Fezmid Posted September 3, 2004 Posted September 3, 2004 He can't not honor your warrenty if you talk to the BBB. Personally, I'd probably call the Attorney General's office and see what they say. They're usually very pro-consumer. I would *not* pay the guy the full amount though -- and if he damages the pool, that becomes his problem IMHO. Did you pay with credit card? If so, you can also write a letter to the CC company and possibly have the charge reversed. I've done that before until people fix what they need to fix. He's using strong-arm tactics to scare you into paying. I don't respond well to that. Alternatively, you could mail your payment to him (certified mail) with a letter stating that you are very unhappy and will be pursuing legal remedies. Explain in the letter everything that's happened (icnluding his threatening to not honor the warrenty if you contact the BBB!) and why you're doing it. You've paid, so he can't do anything with your home (ie: the lean he threatened you with), and you can still go to small claims court (which is actually kinda fun; I had to take a landlord to small claims court, and the landlord was a total dufus who said stupid things like, "But your honor, I raised my right hand and promised to tell the truth, why do I need to bring receipts in?"). Keep in mind that lawyers are NOT ALLOWED in small claims court (my landlord tried bringing one, and we had to object and the judge made the lawyer sit down and shut up; classic). CW
JinVA Posted September 3, 2004 Posted September 3, 2004 - Threatened not to honor my warranty if I contacted the BBB or did not pay That tells the whole story right there, you might have no choice but to belly up and pay however I would definately contact the BBB based on that comment alone
JinVA Posted September 3, 2004 Posted September 3, 2004 John...what is left to be done??? 17540[/snapback] Oh yeah, I meant to bring that up to, do not pay him anything if the work is not complete
IDBillzFan Posted September 3, 2004 Posted September 3, 2004 Oh yeah, I meant to bring that up to, do not pay him anything if the work is not complete 17545[/snapback] And how much money do you owe him???
Mike32282 Posted September 3, 2004 Posted September 3, 2004 He's going to give it to you up your ass if you take his threats seriously. I agree with everybody else...go to a lawyer or the BBB and explain everything this !@#$ing company has done to you, including the threats.
John from Riverside Posted September 3, 2004 Author Posted September 3, 2004 John...what is left to be done??? 17540[/snapback] The work appears to be all finished except for the startup (showing us what everything is and putting chemicals in the water I owe him 3K for installation of the liner and $500 for the startup fee
Mike32282 Posted September 3, 2004 Posted September 3, 2004 The work appears to be all finished except for the startup (showing us what everything is and putting chemicals in the water I owe him 3K for installation of the liner and $500 for the startup fee 17554[/snapback] Tell him :I starred in Brokeback Mountain: And withhold his money. Besides...that startup stevestojan is a waste of money. You could ask someone who has a pool to come over and show you the same stuff or go to a pool supply store. As for chemicals, that's easy...just go to a pool store.
soljc Posted September 3, 2004 Posted September 3, 2004 I certainly wouldn't pay until you are completely satisfied with the work. If there are legitimate disputes, don't pay him and file an action in small claims court.....will only cost you $10 or so to file a claim, and the judges are quite consumer-friendly.
John from Riverside Posted September 3, 2004 Author Posted September 3, 2004 Calling the BBB as I am typing right now....their phone is ringing off the hook......
John from Riverside Posted September 3, 2004 Author Posted September 3, 2004 Wonderful....the company from the time I researched and entered my contract has since withdrawn from the BBB as of Aug 6th! I wonder why.....
John from Riverside Posted September 3, 2004 Author Posted September 3, 2004 Calling state contractor licensing board next.....
Stussy109 Posted September 3, 2004 Posted September 3, 2004 As soon as you threaten to sue or call your lawyer all the tough guy shite goes out the window.
Guest Help for you Posted September 3, 2004 Posted September 3, 2004 I am not a lawyer or Judge but I work in the court system and have a few tips on your situation if you plan on pursuing legal action in court: #1- Log everything he says and does on paper and state the time and date as to when he said this and what was said. If you speak to him on the phone use a tape recorder to tape the converstion or have the wife pick up the extension and listen to your conversation so you have a witness in case he claims he "never said that" and "you are lying"...if you speak to him in person make sure you have 2 other people there with you that would be willing to testify if necessary #2 any written correspondence you send- send via certified mail restricted delivery return receipt requested and keep the receipt and always keep copies of everything you send and keep everything you receive from him. #3 take detailed notes of date/time/place of what happened when and what you said and take a clear video of what stage of development it is in at what time and what still needs to be done. #4 was there a written contract between you and the pool installer about what should be paid and when and was there a deadline date stated on the contract of when the pool should be done. If there was no written contract on a timeline.....you might have a hard time proving your case (ie:buyer beware) #5- Finally- GET IT IN WRITING. Believe it or not I know for a fact some people still lie under oath.....documents, records,witnesses, pictures, and contracts carry more weight than what you or the pool contactor might say to the judge. If you do decide to go to court the burden of proof is on YOU to prove this guy screwed you. Hope this helps....
KRC Posted September 3, 2004 Posted September 3, 2004 Just a little story for you, about a guy who did my family wrong (mainly my wife). When I was in Buffalo for my Grandfather's funeral, my wife was in a car accident. She pulled up to a stop light, and there was a pickup in front of her. She was stopped for a while. Well, the guy in the pickup realized that he was too far into the intersection, and decided to back up. Well, he continued to back up until he hit my wife's car. They get out, and check to see if each other is OK. Then they decide that they need to exchange insurance information. She asks him to follow her to work (about 5 minutes away). He said that he needs to get his boss' information, since it is his work truck, and asks her to follow him to the office (about 2 minutes away). She agrees (a mistake, which I have since warned her about). They pull into a parking lot, which is behind other buildings. His boss arrives (smelling like a brewery), and a VERY large man who is a friend of the boss. My wife is obviously scared, and calls the police. Well while they are waiting for the police, she is talking with the boss. He asks if there is any way of taking care of this without getting the insurance companies involved. His friend says to the boss, "hey, don't you know that guy with a body shop? She should go there." Well, the police arrive, and take down all of the information. She gets three estimates, and tries to contact the guy to resolve the situation. He does not get back to her for days, and comes up with a lame excuse. She tries to contact him again, and same thing. Well, she is now fed up, and calls the insurance company (the one on the police report). Well, it seems like this guy has been dropped from insurance (about 2 weeks before the accident). This means that he lied on the police report. Well, I had enough with the BS, so I started making a few phone calls. Within a few days I informed the chief of police that he lied on the police report, and he will be cited. The officer has been informed, and he does not take kindly to the fact that he lied to him. Hopefully, this guy does not run into this officer again. Next, Code Enforcement was called. It seems like this guy is running a business out of a residence. He also does not have a license to operate a business in the Township. Now Code Enforcement is all over this guy. Next, my brother is on the Zoning Board of the township. This guy is going to have some trouble if he ever appears in front of the Board, now that the Township knows of this guy. Next, it looks like he has a business registered in another Township. Well, that address is also a residence, which is not zoned for commercial. Looks like he is going to have another "issue" in that township. A friend of ours is the Assistant D.A. for the County where the accident occurred. He is now looking into things. We also have a lawyer involved, who will try to recoop the money to fix the car. If this guy does not respond, he will be taken to court. If he does not appear, or if he does not comply with the court, the court will come down on him, and PennDOT will revoke his license. Needless to say, this guy messed with the wrong person. The point of this long-winded story, is that there are always ways of rectifying the situation. Don't let the business push you around. Push back, and fight for your rights. Best of luck!!
Tux of Borg Posted September 3, 2004 Posted September 3, 2004 I'd use your final payment to rent a billboard on a local highway.
Mike32282 Posted September 3, 2004 Posted September 3, 2004 I'd use your final payment to rent a billboard on a local highway. 17656[/snapback] Good idea.
Fezmid Posted September 3, 2004 Posted September 3, 2004 The work appears to be all finished except for the startup (showing us what everything is and putting chemicals in the water I owe him 3K for installation of the liner and $500 for the startup fee 17554[/snapback] Well great -- you don't have to pay until everything's finished, and since he hasn't done the startup, you don't have to pay it all and he can't put a lien on the house. That problem's solved. And if he tries to to do the startup, tell him you're busy and that you'll get to it in "no more than 4 weeks." *grin* Sounds like you're doing the right thing - phone calls and getting others involved. The fact that he withdrew from the BBB is telling in and of itself (not that the BBB is all that great IMHO). I'd still call the attorney general's office as well. CW
OnTheRocks Posted September 3, 2004 Posted September 3, 2004 I have been to court twice on small claims before, and although both were smaller dollar values than what you have on your hands, I can tell you this: document everything! document everything! document everything! and when you get done documenting everthing document somemore! keep all coorespondance from the contractor including all messages on voicemail. read your contract carefully. if this guy has done anything against what is in the contract he is screwed. if he has done everything in his contract but for some reason you are not satisfied, then you are screwed.
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