Complaints

• Initial Complaint

  06/06/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Tuesday, June 4, 2024 Better Business Bureau Complaint Resolution Complaint regarding company received payment but did not provide contracted services Business Name and Address Stirling Lawn and Maintenance ********************************************************** www.stirlinglawns.com ************ 1.Agreed to contract with Stirling Lawn 5/7/24 for property cleanup and lawn mowing 2.Stirling Lawn demanded $660 pre-paid deposit to start service 3.Mailed certified bank check from Citibank **************** to business office address listed on the estimate **************************************** 4.$660 cash was deducted from our bank account ****** weeks later no service was started 6.Called Stirling Lawn and they said they dont even have a mailbox so could not have received check and they demanded additional credit card info and payment 7.Called ************* post office and mail carrier confirmed the Citibank check was delivered to and currently at the Stirling business address 8.I consulted legal advice and informed Stirling lawn they must return the $660 check payment or provide the contracted service 9.****** at Sterling Lawn refused and said it was my problem 10.****** at Stirling lawn was hostile and called me a nasty person and my disabled brother a terrible family and said I should not care about losing only $660 11.In addition to being defrauded by Stirling Lawn we are assessed multiple $170 fines by the city for overgrown grass.This issue can be solely and easily resolved by Stirling Lawn by issuing a refund if check deposited in their account or returning the held check to the customer. Alternatively, ********************** Lawn can return the held check to the local Citibank branch for customer credit and provide a teller receipt to the customer. We will agree to terminate the contract with Stirling Lawn after the cash deposit is returned.

  Business response

  06/21/2024

  ********************* called me for an estimate back on 4/23/24. **** was informed both verbally & in writing that we do not schedule services without a signed proposal & credit card on file. Our electronic proposal clearly states that the estimate is time sensitive and only valid for a certain amount of time due to the nature of our business. **** waited until the estimate expired and then submitted 2wks later. I told **** that our schedule was booked and we would not be interested in working with him. We do not accept checks. We never received a check from ****. A check was never cashed. All of this was communicated to **** by phone. Note: After logging ****'s information into our CRM software I found that we serviced his property 2 years ago and that there was an outstanding invoice in the amount of $250 with a note saying client refused to pay. I let **** know about this and he mentioned that this past due invoice was from his brother who owns the real estate and that he was taking over his brothers business because he was ill. In conclusion, no work was performed & no payment was received. 

  Customer response

  06/22/2024

   
  Complaint: 21805142
  
  I am rejecting this response because:

  Wow! A lot of dishonesty and several unfair business practices are going on there.
  The important facts here are that ************* was mailed a guaranteed bank check for the requested prepayment for contracted services that were never provided, and that check was confirmed delivered to their business address by a *********** inquiry.
  The $660 was deducted from my bank account as the check was issued from the banks account. Statements by ****** that they did not receive the check and that the business does not accept checks are certainly lies.
  ****** still coldly refuses to make any effort to return the check to me so I could return it to the bank for credit saying it was my problem. He did offer to take my credit card so he could charge another $660 deposit. I obviously declined to pay $1320 total before even a blade of grass was cut.
  Payment was made, no work was done and the business continues to fraudulently refuse to return the payment. 
  
  Sincerely,
  
  ***********************

  Business response

  06/27/2024

  Attached is a copy of the proposal sent to ********************* back on 4/23/24. In the upper right hand corner of the proposal it clearly states that it is valid for (1) day. In the bottom left hand corner the proposal also clearly states that our office requires a signed proposal & credit card on file to activate services. **** was also made aware of this verbally over the phone. In order to serve **** at a high level I responded professionally and promptly and furnished him with a quote on the same day that he called in for the estimate. After sending him the proposal on 4/23 I followed up with a few phone calls over the course of the week. Our CRM software also has an automated estimate follow up sequence that emails prompts for prospective clients to take action on the proposal. **** never returned any of my follow up phone calls. I have evidence from our software that he opened and did not respond to any communication that was sent via email to get on our schedule. **** waited until 5/6/24 (two weeks later) to sign the expired proposal. An automated email is sent out with link to complete payment information ie: card on file request. No card was provided. As soon as he signed the expired proposal he began harassing me with phone calls, text messages, and emails in an attempt to try and convince me that we were liable to complete the work for him. I clearly communicated our terms to **************** and he refused to follow directions. Who mails a check when the proposal clearly states a card on file is required to activate service? The shop space that we rent doesn't even have a mail box. We rent this space. After continually being harassed and threatened by **************** I finally gave him the number to contact the property manager to investigate why this building does not have a mailbox. In conclusion, we never received/cashed any type of check from **************** regarding this proposal. 

  Customer response

  07/01/2024

   
  Complaint: 21805142
  
  I am rejecting this response because:

  Documents prove ****** is not being truthful:
  Stirling Lawn solicited prepayment for $660 clearly stated on the proposal document and provided a business mailing address.
  ****** has been sent bank documents proving payment was made the same day the proposal was accepted.
  I also have bank documents from previous payments, proving Stirling Lawn accepts checks by mail as payment.
  Post Office inquiry provided proof the payment was delivered to the business address.
  The contract is enforceable once the payment was made. Sterling Lawn is required by contract law to comply with the contract.  
  When I inquired why the work was not done after payment, ****** simply decided it would be easier for him to just unilaterally attempt to cancel the contract and deny responsibility for creating the $660 loss to the customer.
  

  ********************** Lawn refuses to accept the responsibility to fully comply with existing laws:
  Soliciting payments across state lines by internet to a US Mail address requires a company to comply with applicable State and Federal laws.
  By law once a victim suffers a loss from an intentional solicitation of payment, refusal by the company to then provide contracted service could be considered fraudulent and incur legal liability.
  Suspected fraud using the internet and email across state lines can violate federal law and are reportable to the *** and FTC.
  Suspected fraud utilizing US Mail is reportable to the United States ************************* for investigation and can result in penalties for restitution and additional fines up to $250,000.
  Providing a business mailing address by federal regulation requires maintaining a mailbox, mail slot or PO Box where only the mail carrier or an authorized business representative may remove mail. Obstruction of correspondence is a federal crime and carries fines up to $250,000.
  The actions of Sterling Lawn were intentional and deceitful regardless of excuse or denial. Certainly, ****** could still make the better choice to return the payment check instead of just refusing to comply.    
  
  Sincerely,
  
  ***********************

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