Complaints

• Initial Complaint

  08/14/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  The audacity, ******************* of a boat mechanic, *****************************, who has held our boat/home hostage for 7 months for a ***** hour job; added charges at the end that were never discussed or agreed to & exceeded the estimate; & wont release our boat unless we pay ****** money; & is charging $25/day for storage fees. 12/30/2022: Met ***************************** of CBW to go through a detailed list of updates for our 2020 Jeanneau. ***** said he'll take the job. 1/19/2023: Delivered our boat to ********************* shop, an associate of CBWs, where CBW works on boats. ***** verifies the 2-3 week window, stating our boat will be ready no later than February 10, 2023. 1/27/2023: ***** requests an initial cash deposit of $2,000. 1/28/2023: ***** provides a hard copy of the final estimate for $6,399.99. 2/16/2023: Very little progress. ***** insists on $2,000 cash to keep working. 3/23/2023: Very little progress. ***** insists on another $2,000 cash to keep working. 5/8/2023: Still minimal progress. ***** insists on $1,500 cash to keep working & states the boat will be ready in 2-3 weeks & the $1,500 will cover all the ************ ordered. This would bring the overall total of $7,500 cash provided to ***** for a $6,400 estimate. 8/3/2023: ***** claims the work is done. Go on site to inspect the boat. ***** demands $5,000 more in cash or he won't release our boat. He threatens to harm ******** boat if we don't pay up & will charge storage fees until we do. 8/7/2023: We check on the boat & find damage from *****. 8/9/2023: It takes 2 Sherriff Deputies to get a copy of the surprise charges. 8/14/2023: Received an email from ***************************** carrying through on his threat stating he is now charging $25.00/day for boat storage.It is unlawful for the repair shop to refuse to return a vehicle to you because you refused to pay for unauthorized repairs or for repair charges in excess of the final estimate in violation of Chapter 559, Florida Statutes.

  

  Business response

  08/15/2023

  Customer was refereed to ** by another entity to do ***************** and electronics installation. The scope of the work was estimated to take ***** hrs in labor. The job was agreed upon both parties with a completion time of 4-6 weeks. As the job progressed, the customer provided a detailed list of items to be completed. As the work continued, customer frequently added to the original work many other items. The job was extended and as it did, deposits were required for material and other components the customer wanted. At a certain point, May *****, customer shared he was jobless, which was unknown at commencement of said project. I asked if we needed to stop the work and customer said "no". We continue with the work at hand. On or about June, customer shared that his bank froze his assets based on an allegations of theft and embezzlement by his now wife from her past. Once again customer was asked if this will hinder final payment he stated once again no. I told ******************** i would help as much as i could by limiting or capping off the labor hours at 60 hours which at this point were above that. Customer thank me. Customer pushed for the job to be completed as he had another shop doing other work on the vessel prior to launching. At time the customer shared the issue with funds, he stated he need the job completed by no later than end of July 2023 as he was moving in to live on his boat as he's home lease was expiring and couldn't afford to rent anywhere else. *** was completed and on July 3rd, customer was supposed to meet in order to do a final walk through and he sent his wife instead of coming himself. I did full walk through and did a checklist with  ********************* and she asked me about picking up the boat to deliver to another shop at which time I said we need to finalize final balance. I proceeded to contact ******************** to discuss final payment which he was upset because he was under the impression I was going to release his boat without payment and that he would pay the invoice when he was gainfully employed once again. I told him I never said or would agree to such terms and if that was the case, I would have stopped the work. Customer told me on Friday August 4th that the other shop had pushed his work to October and that he was going to get his deposit of $4000.00 dollars back from the other shop. I said he could pay me from that refund. On Wednesday August 9th, customer showed up to the property with two individuals from a security firm from ********, ** and tried to take the boat without my knowledge. The owner of the facility stated he needed to contact me and ******************** asked him to help him out and not call me. I was contacted via Text by the owner of the facility at which time I had to leave a job in ******** to come to the shop. Sheriff deputies were called and once I arrived and explain the situation to the  deputies and provided the invoice, customer was advised that this was a civil matter and that the boat was in our possession and had to stay where it was. Customer was advised by deputies he would have to file with go to the court house to file civil litigation. Customer then made an accusation against me that I had threaten both him and his wife which is totally fabricated. I stated if he didn't want to pay final invoice i could remove parts and equipment from boat that hasn't been payed for. I did what I could to minimize the final cost up to and including not charging him all the hrs that were involved in the project and materials such as wiring, screws and other rigging materials that would have added up to over $900.00 dollars along with said extra hours. The customer threatened to take the boat and I said i would file charges of theft if he did. I tried to resolve this issue by waiving storage fees until he got his deposit back but he said he would not be paying me anything. I asked customer how he intended to take the boat to another shop and  get work done if he din't have any money to pay for it? There are two other witnesses to this issue that can corroborate how ******************** continue to add to the project at hand and how he never indicated he could not furnish final payment.

  Customer response

  08/16/2023

   
  Complaint: 20465594
  
  I am rejecting this response because:
  

  Custom Boat Works response is based on fabrications and mistruths.  Im not going to address the ridiculous and absurd rhetoric Custom Boat Works is insinuating.  Rather, I will only lay out the facts.
  FACT 1:  The Florida Statute clearly revealing Custom Boat Works is acting both criminally and illegally is as follows:
  It is unlawful for the repair shop to refuse to return a vehicle to you because you refused to pay for unauthorized repairs or for repair charges in excess of the final estimate in violation of Chapter 559,Florida Statutes.
  FACT 2:  Custom Boat Works provided an estimate of $6,399.99 for the work to be completed.
  FACT 3:  I paid Custom Boat Works a total of $7,500;$1,100.01 more than the original estimate.
  FACT 4:  Custom Boat Works insisted on cash to avoid reporting the $7,500 as income.
  FACT 5:  Custom Boat Works made it clear the $7,500 would be the final charge.
  FACT 6:  Without any discussion, forewarning, or revised estimate, Custom Boat Works demanded another $5,000 on completion day in an attempt to extort even more money from me by taking advantage of my dire circumstances.
  FACT 7:  Custom Boat Works was to begin the work January 19, 2023, and complete by February 10, 2023.
  FACT 8:  Custom Boat Works let my boat sit around for 7 months with little or no progress.
  FACT 9:  Custom Boat Works declared my boat finishedon August 3, 2023.
  FACT 10:  With my boat idle so long, both Custom Boat Works and myself added 10 new items to the original list.  According to Custom Boat Works, these items would take minutes and not cause delays.
  FACT 11:  Of the 10 new items, only 5 were fully completed.  4 of the 10 new items were never completed.  1 of the 10 new items was partially completed.
  FACT 12:  5 of the original items on the list did not get completed or were partially completed.  Of the 6 original items, 2 of the original items were never completed and 3 of the original items were partially completed or installed in a location not agreed to.
  FACT 13:  In total, 10 items were never completed or were partially completed, while only 5 new items were fully completed, for a net loss of 5 items not completed per the original estimate.
  FACT 14:  More items were unfinished than new items added.  Custom Boat Works was clear that the $7,500 paid would cover everything, considering more items were unfinished than new items added.
  FACT 15:  Whether Im employed or unemployed is irrelevant, as Chapter 559, Florida Statutes is applicable in both scenarios.
  FACT 16:  My wife did not embezzle money from any company.  If that were true, my wife would be sitting in prison.  My wife defaulted on a car loan and is now paying monthly restitution for the defaulted loan.
  FACT 17:  My wifes default on her car loan is irrelevant, as Chapter 559, Florida Statutes is still applicable and has no bearing on Custom Boat Works allegations.
  FACT 18:  I am within my legal rights to question the ridiculous added charges of $5,000 that were never discussed or, for that matter, approved.
  FACT 19:  Custom Boat Works is operating illegally by denying the return of my vessel.
  FACT 20:  According to law enforcement, ***************************** is a hardened criminal with a history of false imprisonment (whether people or peoples property) and scamming boat owners seeking fair and honest charges/repairs for their boat.  I am just another one of his victims.
  FACT 21:  According to law enforcement, ***************************** is attempting to extort money from me due to my personal circumstances (e.g., unemployed, my boat is my home, being homeless and living in a motel, a return of money from another repair shop for work they decided they did not want to do).
  FACT 22:  Further assessment by law enforcement is that Custom Boat Works saw me as a cash cow since we provided $7,500 in cash and now Custom Boat Works is attempting to ******* another $5,000 from me.
  FACT 23:  Peoples personal circumstances dont mean others are allowed to take advantage of you.  Whether I have a windfall of $4,000 or $1,000,000 doesnt mean Custom Boat Works can extort more money from me over and above the estimate.
  FACT 24:  Custom Boat Works has caused significant damage (e.g., dozens of claw marks damaging the gel coat on my boat from Custom Boat Works dog, a destroyed hardened 316 stainless steel strut) to my boat and has not offered to reimburse us for the cost to repair the damages.
  FACT 25:  Whatever my future plans are for my boat,myself, or my wife are irrelevant and none of Custom Boat Works concerns.  Custom Boat Works is clearly violating Chapter 559, Florida Statutes:
  It is unlawful for the repair shop to refuse to return a vehicle to you because you refused to pay for unauthorized repairs or for repair charges in excess of the final estimate in violation of Chapter 559,Florida Statutes.
  Sincerely,
  
  *****************************

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