As You Wish Pool and Spa

Complaint: [redacted] I am rejecting this response because:Please see attached letter and other supporting documentation2/23/16To Whom It May Concern,I hope that your day is treating you wellThis response is my rejection to the business response submitted by [redacted] .I would first off like to clarify the payment situationWhile I am not sure why the business owner finds it pertinent to the hot tub leak or the current complaint at hand, I am happy to explainWhen I stopped in to the spa store on 11/7/15, I didn’t have my debit card with meI was with my mother (not my sister), and after speaking with the salesman on staff that day it was decided that he would be open to taking a check to hold the spa and I could call later with my credit card and pay, which I didMy mother wrote a check in good faith made payable to “As You Wish Pool and Spa” and it was agreed that if I didn’t call back with adequate payment, then the check would be cashedThe salesman at the store that day was on the phone on and off with the business owner ( [redacted] ) before the agreement was reached [redacted] was aware and open to the spa being paid for with a credit card and holding it with a check However, I don’t believe the payment method is relevant to the matter at handIt was mutually agreed upon regardless of the company’s practices.The salesman that day also ensured my mother and me that the spa had been fully inspected by [redacted] before it was accepted as a trade in and no leaks had been foundWe were also informed of the age of the spa as well as the fact that there would be no warranty on itBecause of this knowledge, we spoke in depth regarding the inspections that had been made and were told it had been fully filled and turned on to run and no leaks had been foundIn telling us that the tub had been fully inspected and that, at time of purchase, no leaks at all had been found, the business did provide a warranty that the tub was not leaking at the time of purchaseWe understand that new leaks beginning while we were possession of the hot tub would be our responsibility.The reason that the spa could not be installed until January is because I was leaving for a Habitat for Humanity trip to [redacted] for two weeks shortly after purchasing the spa and before we had closed on our homeWe did purchase the spa prior to the closing, like he stated in his letterWe were in close contact with our real estate agent as well as Mr [redacted] and he was well aware of this situation when I made the purchaseI had offered at one point that he could sell the spa to someone else if the timeline I needed was inconvenient to his businessHe insisted that it was no trouble at all and holding it wouldn’t be an issueIf any damages occurred to the tub that would cause the leak during the time stored in ***’s possession, the damage would be his responsibilityHe is a specialist and should know how to transport and store a tub safely without damaging it [redacted] even came out to the house and performed a full inspection of the property and insisted that the house had everything he needed to install the tubI gave him the contact information for my father and sister so that he would have access to the home while I was out of the country on my buildI got a message from my family while I was in [redacted] stating he had come out to install but couldn’t because the electrical elements needed were not presentOnce I got home, I again offered that he sell it to someone else, since the electrical problems were overlooked during his inspection to see if he could install the tubAgain, he insisted that it would be fineI rushed to find an electrician who could get the area wired for the tub as [redacted] made it clear that the tub sitting in his shop wasn’t preferable for him or his businessIt took me a few weeks to find an electrician and get the installation of the wiring scheduled for a time that [redacted] could work withIt is winter so with the ground being frozen, the electrician recommended that he make the cording extra-long so that as soon as the ground thawed out, we could bury the wiring and get the whole thing up to codeWhy [redacted] thought it necessary to include you on the wiring of my home is beyond me, as it has nothing to do with the issue at handAgain, I feel as though the business owner is bringing up information that is completely irrelevant to the issue of the leaking hot tubI will state that if the wiring made him uncomfortable at all, he should have mentioned it upon installation, which he did notHe pretty much just said that the wiring was fine and he could hook the tub up no problemThe hot tub was finally installed on 1/9/I had been getting a bit pushy on the installation at this point as I had been home from [redacted] for almost a month and I had still not been able to have [redacted] nail down an installation dateHe never had time or help and he kept pushing it off, so I did push to have it installed for my housewarming partyThe tub was not used at that party though, we ended up staying inI could provide statements of this fact if neededHowever, even if it had been used, a single night’s use could not be reasonably expected to cause multiple leaks.By the morning of 1/10/16, it looked like the tub was leaking and by 1/11/it was clearI took photographs of the pool of ice coming out from under the tubWe let [redacted] know and he came out to look at it over a week later, he had no sense of urgency, and was also not apologetic or concerned in the lease that the tub was leaking everywhereHe didn’t seem surprised at allHe did eventually come out to fix the tub, but it continued to leakI informed him of the tub still leaking, and, another week went by before he came out againHe performed another patchThe tub continued to leak and at this point it was becoming clear that I had been sold a broken productI offered at one point to take store credit for the tub and purchase a brand new one from him so that we could both still benefit somehow from the business relationship [redacted] never even responded to that voice messageAfter the second repair and being informed that more repairs were going to be needed, we (my fiancé and myself) contacted [redacted] by phone and requested a refundThis is the point that he started ignoring our phone calls and text messagesAfter a week of no response from [redacted] at all, we left a message on his phone stating that we didn’t see any other options but small claims court if he didn’t respond to usI told him on his machine that if we didn’t hear from him by a set date that he would need to prepare to hear from us in a more legal formatI did call [redacted] once a day during the time frame between my initial message regarding court up until the deadline I had proposedI left a few messages stating that I would rather not do this and that I understand sometimes things happen and I would like to talk to him to seek other solutionsHe continued to ignore all contact from us, as though ignoring us would just make us go awayThis was, in my opinion, one of the least professional ways he could have possibly handled the situationI have all of the text messages between myself and [redacted] as well and I would love for him to share the voice messages with you, as they will show you that at no point was I aggressive or threatening towards [redacted] or his businessI believe that they could clarify quite a bit of what went onI do feel like it is also worth mentioning at this point that after all of this began to escalate, I did speak to some other vendors in the area regarding the tubI have attached a letter from another vendor in the area that offered to come out for free and take a look after her heard the circumstancesHe found and patched another leak that was found in the tubAt this point, the tub has four documented leaks, three from [redacted] and one from the other vendorAnd a fifth that is causing the tub to leak with the water below the filter lineThere are two possibilities: that [redacted] did not inspect the hot tub as we had been informed prior to the purchase or that the hot tub was damaged while in his possession before or during installation[redacted] is now stating that all we need to do is replace the filter housing, which he believes we should pay forI took some photos this morning and attached them and it is clear that the water is well below the filter line and the tub is still leaking onto the groundThe leak below the filter line is not as significant as the larger leak when the tub is full, but it is still a leakHe says that if filter housing is the issue that the water wouldn’t drop below the filter lineEither he has no idea where the tub is actually leaking and is just guessing, (and trying to charge us for it), or, there is yet another leak somewhere in the main body of the tubAs anyone could probably tell from reading his response to my complaint, [redacted] is angry at having to deal with this issue and has chosen to resort to personal insults, molding of the truth to suit his case, accusations and aggression instead of cus***er service of any kind and any attempt of communication or understandingAt this point the tub is continuing to leak even after it has dropped past the filter line, which proves that the issue he thinks it is having isn’t the issue at allHe says that all we need to do is “keep it filled” up and runningThe tub has been going through gallons of water every two days, keeping it filled up and running is costing us a significant amount of money and wasting a huge amount of water on a weekly basisI feel as though he has completely misrepresented himself as a spa specialist, as he cannot figure out or manage to fix the major leaks that he overlooked during his inspection of the tub to begin withI can have compassion for his situation as a business owner, as he probably gave whoever he took the used tub from store credit for their new purchase and now he is out the $for the tubHowever, he is the specialist and I am the client, his business told me the tub had been inspected for leaksIf he didn’t actually inspect it and only took the old owner’s word for it, that is not my problemWhat is my problem is the fact that I bought a product from him under the pretense that it had undergone and passed an inspection by a specialist and I now have a severely leaking, unusable hot tub sitting in my back yard If I was purchasing this tub used off the street or on craigslist, then I wouldn’t be upset about the issueI didn’t buy it that way, I bought it from a certified vendor of [redacted] Spas and I would expect that vendor to be able to identify and correct any leak(s) upon an initial inspection of the productAfter reading ***’s emotionally charged, insulting and angry response to my complaint I am concerned to know he has been at my home while I am not there photographing my residenceI understand that it is not illegal for someone to stand on the sidewalk and photograph my home, but it is still disturbing to meThe photographs he took aren’t even relevant to the leaking hot tub; it looks as though he was simply documenting the electrical wiring of my homeI went home last night after reading his response feeling threatened and harassed as a consumer and leery about moving forward as I am not sure if he is going to become a threat to my well-being[redacted] mentioned in his response that he believes my fiancé and I have “minds that are not straight”I must say that as a consumer, having to be on the brunt end of how Mr [redacted] does business is making me question how he has managed to stay in business at allHe openly admits that the hot tub is leaking, the rest of his response sounds like mudslinging and misdirection in order to avoid the fact that he sold a broken product to a customer and that customer requested that he make it right Ice flow documented 1/11/16, after the installation 1/9/Photo from 2/23/16, water still coming out after the water has dropped below filter line Photo from 2/23/showing water below filter line Regards, [redacted]