Complaints

• Initial Complaint

  04/06/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I gave a deposit and had to cancel for a family emergency. The company is trying to come up with reasons to keep as much of my deposit as possible. They have stated they endured fees that were not presented to me in my contract. I was given a total amount not an itemized amount.Pool services were not rendered, I am asking for my deposit to be refunded minus permit fees.

  Business response

  05/09/2024

  Subject: Dispute Resolution Submission Regarding ***************************** Case # ********
  Dear Sir/*****,
  We are writing in response to a dispute filed by our customer, *****************************, concerning a charge for a pool installation project initiated but later cancelled by her. We aim to provide clear evidence supporting the legitimacy of the charge and to outline the agreement terms and costs incurred due to her commitments.
  Summary of Events and Documentation:
  Contract Signing and Review Period:
  Document Sent: March 8, 2024, 1:11 PM (Contract Agreement and Warranty sent for review)
  Document Viewed: March 8, 2024, 1:17 PM (Promptly reviewed by ****************)
  Document Signed: March 19, 2024, 5:33 PM (Signed after an extensive review period, indicating informed consent)
  Digital Signature Verification: Attached are the verified timestamps and digital records proving Ms. ******* review and acceptance of the terms (Refer to [Attached Document Names related to the signing]).
  Initial Payment and Costs Incurred:
  An initial payment of $5,200 was processed and acknowledged on March 21, 2024, as a non-refundable deposit to cover the start-up costs including permits and materials (Payment details provided in the attached receipt).
  Permit applications were submitted and fees paid as required for the project commencement, as outlined in the attached notarized permit application document.
  Cancellation and Communication:
  **************** allegedly requested cancellation a week after signing the contract. However, upon review, it was discovered that she had modified an email response to falsify a cancellation request. This action involved altering a legally binding digital communication, effectively fabricating a document that was originally about another subject entirely. This act of falsifying documents is serious and undermines the integrity of legal and business processes (Evidence of the original and altered emails is attached).
  As per the agreement terms, the deposit was non-refundable to compensate for the expenses already incurred by our company at that stage (Refer to Contract Agreement, Clause 7 on Cancellations).
  Attached Documentation:
  Signed Contract Agreement and Warranty
  Customer Terms and Payment Schedule
  Scope of Work and Project Specifications
  Proof of Payment and Permit Documentation
  Communications pertaining to the contract review, agreement, falsified cancellation, and original email correspondence
  We request the dispute filed by **************** be reviewed against the provided documents and evidence that clearly demonstrate:
  The charges were authorized and in accordance with the signed agreement.
  Significant costs were incurred based on her commitments which are non-refundable as per the signed contract.
  The customer engaged in unethical behavior by falsifying a cancellation notice, attempting to deceitfully terminate her contractual obligations.
  We trust this information clarifies the situation and justifies the legitimacy of the charge. Please find all relevant documents attached for your reference. Should you need any more information or further clarification, do not hesitate to contact us.
  Thank you for your attention to this matter.
  Sincerely,

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

  Customer response

  05/13/2024

   
  Complaint: 21539523
  
  I am rejecting this response because: The information provided by the company is false. I have emails and text messages showing I canceled service. The company was trying to bill me for services that are part of the sales process. If I had not signed a contract the services they so called stated they provided would be a loss. The render they provided is part of the sales process. The company did not provide a itemized break down of fees until after the cancellation. I did not agree to the fees they listed. You can not legally fill in your own fees without agreement from the customer. The company was upset that I cancelled, they try to bully me into keeping the prjoect by telling me the only way to get out of it is if they could sell the pool to someone else, which is not true and I have it all in writing.
  
  Sincerely,
  
  *****************************

  Business response

  05/15/2024

  Hi,

  ******* intent to cancel the contract 10 days after signing up.  Based on contract she have 3 days to cancel, before company begin creating plans and all documentation for permit processing.

  You can check on this signature and docusign agreement signed by her.
  

  Not only she cancelled after 3 days as per contract, but she intended to trick us, modifying a reply in an email, "email attached"
  

  Contract Signing and Review Period:
  o Documents Sent: March 8, 2024, 1:11 PM (Contract Agreement, Warranty
  and other documents attached sent for review)
  o Document Viewed: March 8, 2024, 1:17 PM (Promptly reviewed by Ms. **************** Document Signed: March 19, 2024, 5:33 PM (Signed after an extensive
  review period, indicating informed consent)
  o Digital Signature Verification: Attached are the verified timestamps and
  digital records proving Ms. ******* review and acceptance of the terms
  (Refer to [Attached Document Names related to the signing]).

  MRS ******** BASED ON THE SIGNED AGREEMENT HAVE 3 DAYS TO CANCEL BEFORE WORK BEGIN ON PLANS, PERMITS, ETC.  SHE SUPPOSELY CANCELLED 10 DAYS AFTER.

   
  Initial Payment and Costs Incurred:
  o An initial payment of $5,200 was processed and acknowledged on March
  21, 2024, as per agreement after 3 days, deposit will cover the start-up costs including permits, plans, engineering, permits and court fees (Payment details provided in the attached receipt).

  
  o Permit applications were submitted and fees paid as required for the project commencement, as outlined in the attached notarized permit application document. Please noted the notarize document send by Mrs. ******* back to us is dated by a notary for March 30, 2024.

  She supposedly cancelled on 29, but on 30 signed by notary, if she cancelled why she send the next day the notarized document after cancelling

  ***** SIGNATURE IS INCLUDED SHOWING HOW SHE MODIFIED THE ***** RESPONSE IN AN INTENT TO MAKE US BELIEVE THAT SHE HAD CANCELLED BEFORE.  YOU CAN ASK HER FOR ***** SIGNATURE TO CORROBORATE THAT SHE MODIFIED THE INFORMATION AND CANCELLATION.
  

  Customer response

  05/15/2024

   
  Complaint: 21539523
  
  I am rejecting this response because: the accusations are false. This company is trying to make up their own fees, fees which were not disclosed to me until after my bad review. I did not agree to the fees this company claims I owe. I asked for an itemized bill after I signed the contract which the company denied. I was told they only give the breakdown in the contract. I was not comfortable with the response. I spoke to other pool companies which agreed it wasnt proper business. This company uses it as a way to fill their own fees in. I owe this company nothing but permit fee. I have received a bill from the county showing the amount the permits cost. Everything this company is claiming is part of the sales process. They did not disclose engineering plans until after I canceled and filed several complaints and reviews. Very dishonest, no integrity which is represented in my reviews. I agreed to pay permit fees because its the right thing to do. I will not pay anything else.
  
  Sincerely,
  
  *****************************

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