ComplaintsforCapital City BBQ Co

• Initial Complaint

  01/07/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  We paid a deposit of $700.00 for a wedding reception that was scheduled for May 30, 2020, Due to Covid restrictions we could no longer have the number of people we origianally planned and the event had to be cancelled. I called and spoke with Garry B**** and he understood and said he would send me the deposit back. After a several weeks I did not receive anything. 9/21, I called and he said that checks are drawn at the end of the month. Ok figured I would have it no later than The second week of October. 10/25/21 still no check. called and Garry said oh yeah I will send that. 11/12/21 Still no check 11/13/21 spoke with Garry will send by the end of the month. 12/6/21 called again, no ans. voicemail full. A few minutes later he called back very angry and said that he didn't have to refund that and that the check was in the mail ad he had no control over that. Call him back and apologize when you get the check, and then hung up. Here is it Jan. 7, 2022 and still no check. I emailed yesterday and requested he re-issue the check. No response. I have explained to him we are retired and on a fixed income please refund the money as you have stated you would send it several times.

  

  Business response

  02/18/2022

  This customer was offered a refund during the pandemic or the option to leave the deposit with us for a future date.  The customer chose to leave her deposit with us for a future date. Deposits are non-refundable, but because of the pandemic circumstances, we offered our customers the option for a refund, even though, no other caterer in the area was doing the same.  The pandemic was especially difficult on the restaurant and catering industry during the pandemic, but because of these extraordinary circumstances, we felt compassion toward our customers and offered a refund option. Again, this customer insisted she would leave her deposit and choose a date in the future.  Almost 2 years into the pandemic, the customer then contacted us to tell us she decided on another caterer and changed her event entirely.  And subsequently asked for her deposit back. As a small family owned restaurant/catering business, in a pandemic, it is difficult to refund a non-refundable deposit almost 2 years later.  Again, this customer was offered a deposit in the first year and declined.  This customer was offered the ability to use her deposit towards food/catering from our business through August of 2022.  This offer stands.    

  Customer response

  02/24/2022

  When I first contacted Mr. B**** about the situation, he was very understanding and said that he would refund the deposit, or keep it for future. We tried desperately to reschedule but as it is well known the whole country was on a lock down for several months due to COVID.

  Then I called and told Mr. B**** that the kids did not want to wait and got married by the Justice of the Peace. I NEVER told him that we hired another venue. 

  He told me that checks were drawn at the end of the month. I said ok, and that was it.

  Several weeks went by and no check. I called again and Mr. B**** told me he forgot to tell the accounting person to send the check. Ok, I waited again, the next month came and no check. I called and for three months again he told me that checks are cut at the end of the month.  Again waited for the check.

  I called him again both phone lines I had for voicemail was full. Then a few minutes later the phone rang and it was him. He was YELLING at me and he stated he did not have to refund me. He stated that it was in writing that the deposits are non-refundable. This is untrue as the contract we signed had nothing about that. The he said the check was in the mail and that he had no control over the mail and said “You can call and apologize me when you get it,” and hung up. 

  I understand that all businesses are having difficulties, but the truth is that NO expenses were paid on our behalf for this event. 
  The truth is the only thing he did was deposit our check into his account.
  

  We are both retired and on a fixed income. Where is the justice for us?

  

  Business response

  02/25/2022

  Definition of deposit:  a sum payable as a first installment on the purchase of something or as a pledge for a contract, the balance being payable later. 

  We offered to refund the money initially.  The client insisted she would reschedule and then made other plans without notifying us until afterward. And then asked for deposit money back.  We have received a summons to small claims court.  The resolution will be decided there.  

   

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