ComplaintsforJones Squad Rentals, LLC

• Initial Complaint

  12/07/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  -Consultation with Ms.******************** on 11/2/22 for a event scheduled on 11/9/22 -On 11/3/22, both I and Ms.******************** agreed upon $1,500 for setting up for event.-11/3/22, I sent deposit ($750) via cash app to ($MrsAjones920) Ms.******************** confirm deposit received via text on 11/3/22 at approx. 4:30 pm.-Request contract from Ms. ******************** on 11/3/22. No contract sent.-Request contract again on 11/4/22. No contract sent.-Request contract on 11/5/22 several times and I stated via text at 5:55 pm. "I've requested contract for the last 2 days" and still no contract.-On 11/5/22, Ms.******************** sent contract via email at approximately 9:12 pm.-I requested via text for Ms.******************** to please give me a call immediately after contract was received we needed to discuss a few missed items. Ms.******************** refused my phone calls only wanted to communicate via text.-On 11/6/22, at 1:57 pm I spoke to Ms.******************** for 2 minutes another witness listened in on the conversion. I wanted to discuss a few items on the contract. Ms.******************** and I didn't disagree on a few items. Ms.******************** stated she no longer would be willing to work with me or set up for the event on 11/9/22.-On 11/6/22, during the 2 minute conversion at 1:57 pm. Ms.******************** stated she will be returning all of my money.-On 11/6/22, immediately after our conversion I sent a request for $750 via Cash app and Ms.******************** refused the request.-On 11/6/22, Ms.******************** sent via Cash app to me $400 I have not received my full deposit I'm requesting the remaining monies returned immediately ($300) from Ms.******************** and she broke the agreement on 11/6/22.

  Business response

  12/20/2022

  Hello ******,

  I was contacted by Pertina on 11/2 to do an in person design plan and consultation for an event a week away. I arrived at the same time as ************, we proceed into the venue. I took pictures and created a design plan, I was also there for 3.5 hours creating the design layout and walking the entire center area during the process. I explain the deposit reprimands and that it is non refundable. ************ was offering to give me a deposit and I told her to sleep on it so she would be sure since it is non refundable. I was contacted by her the next day saying she wanted to move forward. I sent her the pricing for the elaborate design she chose and she said she couldnt afford it and could her family and friends help with setup to reduce the cost. I reluctantly agreed after discussing the new details. I told her that we needed to finalize all the colors and balloon style and I will create the contract because its very detailed. Every morning I would receive numerous calls from Pertina changing the colors or decor items and other things. On the 3rd day I told ******* that she wouldnt get the contract until she finalized the items and stopped changing things. That morning she made the final change, I sent her the contract and she called me repeatedly at 10pm after me telling her to not call me that late. She would repeatedly call/text me after work hours after being informed that it wasnt appropriate. She called me the next morning to tell me that she read the contract and was okay with paying me before I setup and that I should get paid after the completion of the setup. I explained to her that is not and would never be acceptable, since she already told me she could afford the initial design, has been consistently changing her mind and would have several other vendors to pay. I told her I would not be the last vendor to get paid, especially in a situation where her whole family is there and everything would already be setup because if you cant pay I dont have any recourse. She said she didnt want to work with me if she has to pay prior to setup, I told her that is the rule. She then said okay send me back my money and I stated I would let her know. Upon hanging up the phone she sent a request for $750 via cash app in which I declined. I deducted $75/hour for 3 hours of being on site, I also deducted the $125 for the design plan/layout. Even though the deposit was non refundable, I refunded the remaining unused portion because I knew she had a funeral to decorate. Later that day she kept calling and texting me threatening to call her lawyer and anyone else who will listen. She gave my phone number out to several people to have them call me and return her money. They actually apologized to me for even calling me once they found out what happened. She then had someone else call and text a few days later. A few days after her daughters memorial service she called me from the deceaseds phone pretending to be the Better Business Bureau and then when I called her out on it she hung up. Then later sent me pictures of the service in which my design layout was used and I told her it was beautiful and Im glad she liked my layout. ******* is upset because I realized she was going to scam me out of the rest of the payment for services prior to her being able to do so. 

  Customer response

  12/21/2022

   I am rejecting this response because:

  The attached contract sent on Saturday, November 5, 2022 at 9:24 p.m. several days after deposit received did not indicate Ms. ******************** charged a service fee ($350.00) for a greet and meet on Wednesday, November 2, 2022 at 1:00 p.m. .  The facts remain  Ms. ******************** decided to back out the contract and is trying to enforce a non-refundable deposit policy.   The contract states in section 5.  (Please note* Ms. ******************** requested deposit on 11/3/22 several days before contact received). Good practices is to pay a deposit of just 10% or less before the work begins and the service provided should act in the client's best interest. Neither of these good practices occurred.
  

  
  

   Termination/Cancellations/Covid Related Ca.

  5.1.    Either Party may terminate the Agreement at any time upon 180 days prior written notice to the other Party and receive any payment refunded excluding the non-refundable deposit. (No written notice from Ms.******************** terminating the contract and the event schedules less than 180 days).
  

   In the event the Customer terminates the Agreement, the Customer shall still remain obligated to pay the Service Provider for any Services performed up to the date of termination and any expenses approved, but not paid, prior to the date of termination. In the event the Service Provider terminates the Agreement, the Service Provider shall reimburse the Customer any amounts previously paid to the Service Provider for which the Service Provider has not yet performed the Services excluding the non-refundable deposit since deposit was used to purchase supplies to create in person mockup.  (Service Provider terminated the agreement).
  5.2.    This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been received. 
  5.3.    Cancelations are eligible for a full refund prior to 180 days to the event. Less than 180 days any amount paid excluding the deposit is refundable, the deposit can be applied to another event or a reschedule.
  

  
  

  
  

  I believe keeping clients deposit is common practice for Ms. ******************** due to other customer reviews on ******************** website.

  
  

  Thank you,

  ***********************
  

  Business response

  12/21/2022

  The client terminated the agreement when she stated she didnt want to abide by the terms of the contract which requires payment prior to the event. The client specifically stated Im not willing to pay in advance, every other vendor I have dealt with gets paid after setup. That was a breach of the contract since it states payment is due prior to day of event. My fee for the in person consultation and design layout were built into the quote, once we agreed on the pricing and the deposit was paid as proof of the design and consultation approval my fee was deducted. The portion of the contract referenced is not fully applicable to her situation because her event was less than **************************************** For the record I didnt cancel the agreement, however in the same portion of the contract it states that if the service provider cancels any other payment excluding the non refundable deposit will be refunded. The contract that warranted me to keep the fees for my time and design were apart of the implied contract created when she called me to come out for an in person consultation. During the in person consultation I moved tables and chairs around to create the visual, I measured spacing, planned the layout and created a design layout. The deposit being paid means she agreed to the design layout I created during the consultation. The complete deposit was non refundable however I still chose to refund the unused portion when I couldve kept the entire amount. The complainant wanted to get out of the agreement and used the fact that she didnt want to pay prior to the event as a way out. That is her choice however the implied contract from the in person consultation was billed and due at the time of the deposit payment which fulfilled the implied contract. Im not sure what else needs to be explained or provided to prove this complaint is out of pure malice because the complainant thought that she was going to use me to come out, create the idea and not compensate me for my time. 

  Customer response

  01/05/2023

   I am rejecting this response because: 

  As stated previously, vendor decided she would not be able to provide services! The issue remains monies requested before contract received I trusted Ms. ******************** initially and sent half the monies ($750) for the event. I asked for the contract on the same day Ms. ******************** received money, but I didn't receive the contract.  Multiple request were sent via text as well as phone conversation asking for a written contract.  The contract did not indicate a fee for a in- person consultation or a design layout.  Civil Code Section **************************************************************** writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing, and acts upon such belief to his prejudice, may enforce it against the fraudulent party.  The vendor may not enforce a non refundable deposit on a contract not signed by both parties and  only reviewed by vendor. Ultimately,  I'm a victim of fraud.
  

  
  

  Thank you,

  ***********************

  **************

  
  

   

  
  

  Business response

  01/05/2023

  As stated previously, vendor decided she would not be able to provide services! The issue remains monies requested before contract received I trusted Ms. ******************** initially and sent half the monies ($750) for the event. I asked for the contract on the same day Ms. ******************** received money, but I didn't receive the contract.  Multiple request were sent via text as well as phone conversation asking for a written contract.  The contract did not indicate a fee for a in- person consultation or a design layout.  Civil Code Section **************************************************************** writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing, and acts upon such belief to his prejudice, may enforce it against the fraudulent party.  The vendor may not enforce a non refundable deposit on a contract not signed by both parties and  only reviewed by vendor. Ultimately,  I'm a victim of fraud.
  

  
  

  Thank you,

  ***********************

  **************

  Customer response

  01/05/2023

   I am rejecting this response because:
  
  

  As stated previously, vendor decided she would not be able to provide services! The issue remains monies requested before contract received I trusted Ms. ******************** initially and sent half the monies ($750) for the event. I asked for the contract on the same day Ms. ******************** received money, but I didn't receive the contract.  Multiple request were sent via text as well as phone conversation asking for a written contract.  The contract did not indicate a fee for a in- person consultation or a design layout.  Civil Code Section **************************************************************** writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing, and acts upon such belief to his prejudice, may enforce it against the fraudulent party.  The vendor may not enforce a non refundable deposit on a contract not signed by both parties and  only reviewed by vendor. Ultimately,  I'm a victim of fraud.
  

  
  

  Thank you,

  ***********************

  (951) 368-384

  
  

  Business response

  01/06/2023

  The complainant only posted a partial part of the civil code regarding contracts because the correct section negates the portion she posted, the full civil code is as follows; 

  
  

  CALIFORNIA CIVIL CODE -- CONTRACTS -- SECTIONS 1619-1632

  1619. A contract is either express or implied.

  1620. An express contract is one, the terms of which are stated in words.

  1621. An implied contract is one, the existence and terms of which are manifested by conduct.

  1622. All contracts may be oral, except such as are specially required by statute to be in writing.

  1623. Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing, and acts upon such belief to his prejudice, may enforce it against the fraudulent party.

  Under the civil code for contracts our contract was implied. The complainant called me to do an in person consultant and created  a design layout. That was my sole and only purpose to meeting with the complainant at the venue. Once I completed the in person consultation and design layout, the complainant approved the design at which time the quote that was provided to the complainant had my fees built in. Upon approval of the design and quote the complainant sent the deposit, the fees were then deducted from the deposit as service rendered for the in person consultation and design layout. I was at the venue for over 3.5 hours with the complainant moving furniture around to create a visual (since she said she was a visual person), taking pictures, walking the entire venue from entrance to hall several times and taking measurements. The complainant doesnt feel I should be paid for any of my time spent doing the in person consultation or design. The complainant didnt agree with the terms of the written contract for decoration services so the complainant decided not to move forward with decoration services. Although the deposit was non refundable just like all other service based deposits, I chose to refund the unused portion of the deposit since she was going to have to find another vendor to decorate. The complainant asked for a contract prematurely, at the same time she asked for a contract she kept changing her mind on design elements which caused the delay in drafting the contract. Complainant suggested I shouldve kept drafting and modifying the contract repeatedly while she was changing her mind. I explained on several phone calls that until she was set on her decisions I wasnt going to draft the contract for decoration services. Once she finalized her decisions she had the contract later that day, she informed me the next afternoon that she didnt want to pay in advance for her decoration services and that she would pay after everything was setup. That goes against the terms of the contract so therefore the complainant voided the decoration services when she stated she wasnt going to abide by the terms of the decoration services contract which is her choice. Complainant wasnt *********** any refund however I refunded her $400 out of $750 and kept $350 for my time and design layout which she used for the event. 

  Business response

  01/31/2023

  Hello, 

  I am rejecting the arbitration offer because this has gotten way out of hand. The complainant will not stop even after the arbitration. I have responded and provided all necessary documents for the case to be closed. It was previously closed as unresolved, Im unsure why it was reopened. 

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