Please note that Ms. [redacted] contacted the Ohio Attorney General several weeks ago.I have copied the response to that agency below as my position has not changed one iota.The pool is perfect in every sense, and for reasons unknown, Mr. and Mrs. [redacted] have decided that they want money back, which...
is not going to happen.Please see my response outlined below.Thank you. Ted D[redacted]President Regarding the complaint filed with your agency by [redacted], complaint # 899340, please be advised of the following: 1. Ms. [redacted] purchased an above average quality AG pool package that was installed in the Fall of 2016. The package included the pool, liner, filter, pump and accessories. The pool was immediately closed upon completion as it was late in the year. 2. The package was installed using a subcontractor that we have used for many years and who was an experienced installer. 3. The delivery, installation and then closing of the pool went without incident and the sale was concluded and we were paid. There were two small items not delivered in the Fall of 2016 and that were delivered and installed in the Spring of 2017. 4. In the spring of 2017, Ms. [redacted] called about several details that were acknowledged and completed. Ms. [redacted] being paid in full had nothing to do with the pool or the purchase, she needed two small items that were delivered at no charge. I have no idea what she is talking about regarding we did not know what we were doing, I have done about 18,000 pools over 30 years. The summer came and went, and we began to get phone calls from Ms. [redacted] in September about the pool. 5. Myself and my son stopped and inspected the pool about a month ago and noted that one of the uprights needed adjustment. We completed that but also at that time noted that the filter was operating at a high pressure which was due to Ms. [redacted] not cleaning the filter. We took care of the filter cleaning detail pronto and at no charge. 6. Ms. [redacted] after our review and perhaps while speaking to her husband, [redacted], somehow decided that the pool was not installed properly, which is not true. The pool is perfect, it looks right, sits right and is right. 7. The pool is level and round, it has a great profile in the yard and looks very nice, but somehow and someway, they have decided that they want the pool re-installed ... and have noted that my son said that the pool needed to be re-installed, which he never said. 8. This AG pool was and is perfectly installed. Please note that any and every pool can be effected during the freeze/thaw cycles of winter; every AG pool can shift or move although that is not typical to any great degree. The [redacted]s have already been through one winter ... and the pool looks great. 9. We have absolutely NO intention of re-installing this pool, none. The pool itself is warrantied as well as the equipment, if there is a problem with the pool, and it is a manufacturing defect, they have a written warranty to protect their purchase. 10. To assure the [redacted]s that all is well, I personally again stopped by their home, last Thursday afternoon, October 5th 2017. Mr. [redacted] was there, not Mrs. [redacted], and Mr. [redacted] was aggressive and demanded that the pool be re-installed. I told him unequivocally that the pool was NOT going to be re-installed as it was not necessary. Mr. [redacted] threaten me with legal action ... I said he should do what he needed to do, but we are not installing the pool again. He said I will speak to my attorney and I told him to contact my attorney directly and gave him the phone number. Ms. D[redacted], this is ridicules, the pool is fine, it looks great, is level and is properly installed. We are NOT going to provide the [redacted]s with another install, we are not going to refund any money and although I regret their displeasure, I have closed this file on our end a long time ago. I have attached my last correspondence to the [redacted]'s from last week. Mr. and Mrs. [redacted] got a excellent pool package that included merchandise and installation, we have fulfilled our obligation. There were no short cuts, no quality issues, no problems and no reason to pursue this matter. If there is a problem in the future, the [redacted]s can contact our service department and we will address the problem on a per problem basis, as we do with every customer. There is nothing else to discuss. Again please see my last correspondence to these folks. Thank you. Ted D[redacted]President cc: [redacted] File
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Mr. D[redacted] says removing the hot tub is not an option but he also stated back in November of 2016 in a letter that he sent overnight, FEDEX that he was aware of my displeasure and to resolve the issue he had ordered another hot tub from the factory that would be complete in several weeks. They would call and set up and an appointment to schedule a switch out. Several weeks have passed and we are now approaching several months, we have heard anything and the fact remains they sold me a floor model -dirty, damaged straight from the fair grounds hot tub that has never worked properly, at the price of a brand new model from the factory that we ordered. Their salesman told me it would cost me the the same if I paid the hot tub off next week or by making the monthly payment until the end of the loan... sounds like interest free financing doesn't it? I have all the documentation I signed and there is NO where that mentions or where I signed and agreed to a 9.9 % interest rate. i have never been so displeased with a company. He states there is a no return policy but this is NOT the hot tub I ordered. We pointed that out to his driver and delivery crew the day they set it on our patio and I was told .. "I just deliver them, You will have to call the company" total run around! This has been going on since September.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
In response to the business' reply the following is our rebuttal:We would like to first clear up the comments by the business regarding who performed the work at our house. When contact was initially made with business, my wife spoke to a Pat D[redacted]. He spoke to my wife regarding opening the pool and told her that his son "Teddy" would also be involved and gave us "Teddy's" cell number, which my wife put in her cell phone as Teddy D[redacted] (Best Pools). All names with respect to conversations and text messages referred to in complaint were based upon the number saved in my wife's cell phone as Teddy, which we were told was the son. We have copied the businesses reply and will be responding directly below each of their comments in red, italicized print.We were engaged to open the [redacted]’s pool in early May of 2016, taking over from a previous pool company.We actually initially spoke to the business regarding opening the pool on April 27, 2016. When we didn't hear back from them, we then contacted them again on May 2, 2016, twice on May 10, 2016 and twice on May 13, 2016 when we were finally able to reach them regarding when they were going to actually come out to do the opening.The condition of the pool when we arrived was deplorable, the water level was down about 3 feet, the pool cover had fallen in due to the low water level and there was a “ton of leaves, debris and wildlife” in the pool itself.This is an absolutely false statement. First of all, the pool water is always dirty when the cover is initially removed because the cover is permeable (dirty water from on top of cover leaks into the pool). It has been this way every year since the pool was installed. We also live in a wooded suburb so there is always "wildlife" getting into the pool (usually frogs). The pool level was one (1) foot lower than the bottom row of the pool tile. This is where we keep it in the winter to avoid ice build up on the tile because this can damage the tile. We also do this to avoid having to drain the pool in the winter due to excessive snow. The middle of the cover always sags in the pool when leaves and debris pile onto it. However, the pool was completely covered by the tarp overlapping the sandstone coping and weighted down on all sides. We were informed by text message that they did not vacuum out the bottom of the pool. This was three (3) weeks after they were hired to "open" the pool and after they had already pulled the cover off and dumped all the leaves and debris (including two of the weights that helped hold the cover in place) that were on the cover into the pool. This is the crux of the problem. The leaves and debris should have been cleaned off the cover before removing the cover. This has been done with all prior openings.We provided the [redacted]’s with exactly what we had outlined and opened the pool removing the cover and the debris on the cover but told both Mr. and Mrs. [redacted] that we would NOT vacuum the leaves from the pool … which we never do but we would run our sump trash pump and remove a lot of the debris, which we did. We did not empty the pool, which was my suggestion, as they were concerned about the pool floating AND the cost of water. If we had not trash pumped a large amount of the debris, they would NOT been able to clean up the pool at all … there was that much material in the pool.We agree with the statement about not allowing them to drain the pool. We were told by our installer and other pool experts when purchasing this pool that you cannot drain a fiberglass pool without support beams being installed because of the risk of the pool being pushed out of the ground by ground water. We are happy that we did not follow this company's recommendation. We were not made aware of any pump being used on the pool. There is no feasible way that all the debris that was in the pool got there with a cover on it.The pool was work agreed to was completed and we sent a bill .. and another bill and a third and fourth bill with no response and no comments that they were not going to pay or were dissatisfied.We contacted the business within a week of the alleged completion of the job to discuss our dissatisfaction and we left a very detailed message and never received a reply, but instead received a bill. Several weeks ago I left a message on Mrs. [redacted]’s voice mail telling her that the matter was going to Small Claims Court by if I was not paid by that Friday, at which time Mr. [redacted] called and spoke to me personally as I answered the phone.After speaking with Mr. D[redacted], he said that he apologized for our dissatisfaction and said he was just going to waive the bill and then hung up on me. He then called me back and said that his son didn't want to let it go and wanted to "pursue it".The irony was that Mr. [redacted] said this and that about the pool opening and what my son had NOT done … while the reality was that it was I who supervised the opening and it was I who spoke in length with his wife about what, when how etc.This was addressed above.Mr. [redacted] then filed with your agency, which in effect does nothing to resolve a matter, but in fact exasperates the matter from my perspective.We felt that we were being threatened with his statement about "pursuing the matter" and we felt that we should file an official complaint with the Revdex.com.While I appreciate Mr. [redacted]’s offer of $ 77.00 to “settle” the matter, I have decided that his explanation is not acceptable and more importantly not true …In the interest of avoiding a court appearance and wasting a late afternoon, I will settle the matter for half or $ 175.00. If in fact that does not take place, I will file suit in Small Claims Court and let a magistrate decide what will happen by August 30th 2016 We feel that we were misled and stand by our statements that a pool opening service was not rendered. We also stand by our previous offer.
Regards,
[redacted]
While we wait for the write-up and cost associated with correcting the installation, I've attached page #1 from the pool installation guide. Note that the very first step involves proper ground preparation and digging into the earth, NOT FILLING IN LOW SPOTS AS BEST BUY POOLS & SPAS DID FOR OUR INSTALL. They filled with sand - sand! No wonder the whole frame is completely un-level and according to this manual will cause problems. See attached pics as proof.
Business responded to complaint.Regarding the complaint filed by Mr. [redacted], please note the following: 1. we are aware of the problem. 2. Mr. [redacted] has a legitimate complaint. 3. We are working to resolve and hope to have the problem in check by tomorrow or early...
next week ... we are waiting for factory parts. Thank you. Ted D[redacted]Best Buy Pools and Spas731 Beta Dr. Unit BMayfield Village, OH 44143440 623 7554
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
We have answered Mr. D[redacted]' comments in bold and have also attached photographic evidence to support our claims....... Regarding the complaint filed with your agency by [redacted], complaint # [redacted], please be advised of the following: 1. Ms. [redacted] purchased an above average quality AG pool package that was installed in the Fall of 2016. The package included the pool, liner, filter, pump and accessories. The pool was immediately closed upon completion as it was late in the year. This statement is false. The installation was not completed in the fall of 2016. The only portion of the installation that was actually completed in the fall was the digging out, install of the pool walls, posts, etc. The pool was filled with water, covered and we were instructed to "call in the spring" to finish the install. At that point, the crew would be back out to install the filter, chlorinator, pumps, hoses, etc. Then, and only then, would this job "finished" as far as the installation goes 2. The package was installed using a subcontractor that we have used for many years and who was an experienced installer. This is false. This installer neglected to show on the first scheduled install date with no communication from him or his crew. We, the customer, had to reach out to Ted ourselves to see what was going on. He didn’t know, nor was he here for the install, and was “calling the installer himself to see what was going on.” The installer never contacted us, and then just showed up a week or so later after Ted promised he would this second scheduled install date. Ted himself also showed up this time and gave us a check to hand off at the completion of this phase of the install to the installer once the crew stated they were finished. This should have been RED FLAG #1 as we are not professional pool installers. How were we supposed to know what to inspect to ensure the job was properly installed. AGAIN - TED WAS NOT HERE FOR THE DURATION OF THE INSTALL, NOR DID HE EVER RETURN TO INSPECT THE JOB TO MAKE SURE THE INSTALLATION WAS CORRECT OR TO SPECS TO ENSURE OUR WARRANTY WITH THE POOL MANUFACTURER. 3. The delivery, installation and then closing of the pool went without incident and the sale was concluded and we were paid. There were two small items not delivered in the Fall of 2016 and that were delivered and installed in the Spring of 2017. This is correct, but again...why should the customer have to to the job of Best Buy Pools & Spas and verify that all of the paid for items were received. RED FLAG #2. 4. In the spring of 2017, Ms. [redacted] called about several details that were acknowledged and completed. Ms. [redacted] being paid in full had nothing to do with the pool or the purchase, she needed two small items that were delivered at no charge. I have no idea what she is talking about regarding we did not know what we were doing, I have done about 18,000 pools over 30 years. The summer came and went, and we began to get phone calls from Ms. [redacted] in September about the pool. This statement is 100% false. Beginning in the spring, I had to threaten legal action against Ted to even get this job completed. Phone calls and emails were not returned (have the stack of emails here to prove it and can scan those in if necessary). We were told by Ted Sr. that “we have scheduled jobs to take care of and we don’t know when we will have a crew available to come out to you.” RED FLAG #3. In addition, my statement that your staff “did not know what they were doing” is in fact true as when Ted finally sent someone out to finish the installation of the pump/skimmer, etc - the gentleman stated that he “never installed one of these” and “had to follow the direction manual.” He left without completing this job as SURPRISE, SURPRISE...MORE PARTS WERE FOUND TO BE MISSING. After another week went by and MORE CALLS AND EMAILS, finally Ted. Sr. came out with another crew member came out and Ted himself had to direct his “experienced” staff how to finish installing chlorinator and filter system. RED FLAG #4. In the beginning of the summer, we contacted Ted regarding many unlevel uprights. He sent out a crew member to as. We were told via email a day later that "someone had been out to the house and they had corrected 11 posts" on this visit. No one was home at the time to verify if this took place, nor did anyone verify that the posts being "beaten into levelness" (left or right) would compromise their support on the blocks underneath. 5. Myself and my son stopped and inspected the pool about a month ago and noted that one of the uprights needed adjustment. We completed that but also at that time noted that the filter was operating at a high pressure which was due to Ms. [redacted] not cleaning the filter. We took care of the filter cleaning detail pronto and at no charge. This statement is also false. It wasn’t “one upright” - be honest here Ted...the whole top railing was found to not even be attached to the pool wall!!! Your “experienced” installers didn’t even attach a main part to the pool walls?! AFter installing 18,000+ pools?!? I found the problem - not Ted Sr, not Ted Jr, not anyone of Ted’s “experienced staff.” RED FLAG #5. The statement of “pounding down” the one post did nothing but pull the pool out of level. The back wall is lower than the rest of the pool - hence needing the fresh install. The filter has nothing to do with the install, so please stop deflecting the problem, Ted. 6. Ms. [redacted] after our review and perhaps while speaking to her husband, [redacted], somehow decided that the pool was not installed properly, which is not true. The pool is perfect, it looks right, sits right and is right. AGAIN, The back wall is lower than the rest of the pool - hence needing the fresh install. Also, Ted. Sr. and Jr. dug out sand which also is problematic. In addition, (see attached pics) of just one of the exposed uprights (assuming others are poorly placed and installed as well as we just chose one to try to straighten) - the uprights aren’t even centered on the support blocks, and cannot even be fixed as if you try to tap them to either side to level them, they will fall off the block!!! RED FLAG #6 7. The pool is level and round, it has a great profile in the yard and looks very nice, but somehow and someway, they have decided that they want the pool re-installed ... and have noted that my son said that the pool needed to be re-installed, which he never said. This statement is also false...Ted Jr. did in fact suggest “bringing over equipment and fixing the install.” Ted Sr. objected stating “no, no, no...we are not doing a fresh install.” I take personal offense to Ted Sr’s denial of this conversation as I am not a liar. His son did offer this solution and did state this. RED FLAG #7 AGAIN, The back wall is lower than the rest of the pool - hence needing the fresh install. In Ted Jr’s expert opinion, a fresh install was needed. 8. This AG pool was and is perfectly installed. Please note that any and every pool can be effected during the freeze/thaw cycles of winter; every AG pool can shift or move although that is not typical to any great degree. The [redacted]s have already been through one winter ... and the pool looks great. A freeze/thaw would not cause the top railing to not be attached to the pool walls...inept installers would. RED FLAG #8 9. We have absolutely NO intention of re-installing this pool, none. The pool itself is warrantied as well as the equipment, if there is a problem with the pool, and it is a manufacturing defect, they have a written warranty to protect their purchase. Curious if the warranty on the parts would be void if the installation was not properly done by professionals. 10. To assure the [redacted]s that all is well, I personally again stopped by their home, last Thursday afternoon, October 5th 2017. Mr. [redacted] was there, not Mrs. [redacted], and Mr. [redacted] was aggressive and demanded that the pool be re-installed. I told him unequivocally that the pool was NOT going to be re-installed as it was not necessary. Mr. [redacted] threaten me with legal action ... I said he should do what he needed to do, but we are not installing the pool again. He said I will speak to my attorney and I told him to contact my attorney directly and gave him the phone number. Still waiting on that attorney information. This is a lie - Ted snuck a picture of the pool from afar - not even noting any of the issues (unlevelness, posts all unlevel and uneven, the dropped back wall, the pulled liner, nor the posts not centered on supporting blocks. My husband did not “threaten” or become aggressive towards Ted. Ted Sr. came to the home and insulted us. We are the customers and are not happy with the job that we paid him to do. A true business man would recognize that providing a quality job should be of top priority. We are merely unhappy with the installation - this is something that his company should take care of as he stated they “warranty their work.” He hired this crew and employed the crew...we did not. Ms. D[redacted], this is ridicules, the pool is fine, it looks great, is level and is properly installed. We are NOT going to provide the [redacted]s with another install, we are not going to refund any money and although I regret their displeasure, I have closed this file on our end a long time ago. This statement is false. The backwall is lower than the rest of the pool, the uprights aren’t fully supported on the blocks placed underneath - hence needing the fresh install. In Ted Jr’s expert opinion, a fresh install was needed. THE POOL IS IN NO WAY SHAPE OR FORM LEVEL. A pool professional such as Ted who has garnished so many accolades and awards should be able to admit that this job simply wouldn’t add to his roster of “award-winners” as it is a terrible representation of what quality work actually is. I have attached my last correspondence to the [redacted]'s from last week. Mr. and Mrs. [redacted] got a excellent pool package that included merchandise and installation, we have fulfilled our obligation. There were no short cuts, no quality issues, no problems and no reason to pursue this matter. If there is a problem in the future, the [redacted]s can contact our service department and we will address the problem on a per problem basis, as we do with every customer. There is nothing else to discuss. Again please see my last correspondence to these folks. Thank you so much for pointing out how awesome our work is, Ted. The lattice, decking and yardwork are quality jobs performed by myself and husband. We appreciate your compliment, and hope that you see where our standards are. Your standards of your employees’ work should be just as high. Hence our actions.
Regards,
[redacted]
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]I feel that I am still getting the total run around. I read in a previous response Mr. D[redacted] made prior to your phone conversation that my file was very clean and I signed to have the hot tub financed...YES I did but was told that it would cost the same if I financed it as if I paid for it tomorrow and NO WHERE on that clean file does it state that the financing was at 9.9% interest rate. HOWEVER that is Not the most important issue at hand. THIS HOT TUB IS NOT THE ONE I ORDERED, it is a demonstration model that was sold to me at the price of a new one straight from the factory, they were told the day that they delivered it that this was not our hot tub, I was told we just deliver them you will have to call the company.....which I did right away and several times before getting a return call. This has been going on since September 2016. We used this hot tub less than a handful of times before realizing it had more issues than arriving dirty and banged up from the fair. Mr. D[redacted] FedEx'd overnighted a letter 11/2/2016 saying they were going to order a new hot tub and switch it out with the one on the patio.(minus pillows and filters although in a previous reply to you he claimed he would send filters?) NOVEMBER 2, 2016!! Yet we went all fall, winter and now spring with a hot tub taking up space but being totally unusable to us. Now he wants to make the same offer six months later saying he can't have it until July 4th? We are almost to the one year mark with no satisfaction why am I to believe that he is going to make it right and why should we wait another 3 months for him to do so? [redacted]
They say they were not clear as how to resolve the issue so they called the factory tech support to trouble shoot over the phone, Now the problem has not been resolved, they want to blame the factory, I paid Best Buy to fix the spa not the factory. They claim they did not hear from me for several weeks which is false because I contacted them days later to tell them my spa was still not shutting off at 3 degrees above set temperature as it states in my owners manual. That is the problem I paid them to resolve and they did not resolve the issue. They neglected to state that they made a second service call to also replace the control panel in an effort to resolve the malfunction but that did not fix the problem either .They did not charge for his part. They were never told the spa was operating as it should and there was nothing else to do as they claim in their response. If they wish to send a tech to my home to review this matter again I am fine with that .However I am not okay with them attempting to make it look like my lack of knowledge regarding my spa is the problem. If they thought that was the problem why did they replace a $600.00 part that did nothing to repair my spa ? Thank You Mr. [redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Regards,
[redacted]
Please note that a check in the amount of $ 100.00 was issued today and is in today's mail. The delay in my response was due to a knee replacement November 9th 2017 as this was my first day back at work to sign checks. The customer file was closed and the purchase was...
Regarding Mr. [redacted] complaint, please note the following: 1. We were contacted by the customer regarding their issue. 2. We were not clear as to resolve the issue and went to the factory tech support and they suggested that based on the age of the spa that the board...
needed to be replaced.3. We ordered the new board and several other ancillary items that the customer requested and set a date and time for the installation.4. The work was completed and the ancillary items delivered and we closed the file on the matter. After 10 days the old board was disposed of and we believed the problem was resolved.5. Several weeks later we heard from Mr. [redacted] that he was not pleased and I spoke with him about what the issue was and he said that the problem was not resolved. I called the factory to discuss and they said that the spa was operating as it should and there was nothing else to do.6. Please let me note that it is always our intention to make the customer happy and that is what we did here. 7. Mr. [redacted] said that he was not going to accept this but we have no recourse as the old board was destroyed.8. I would be willing to send a tech to review the matter again at the customer's home given that it is between 9:00am and 4:00 pm Monday through Thursday only. I would also request that Mr. and Mrs. [redacted] be on site to review the operations and with tech support on the phone to review realities and options if any exist. Let me know. Thank youi Ted D[redacted] cc: Master Spas
I'm attaching documents that I have saved and have received from Best Buy pools and Spas..
First off we never stated that we were keeping the loaner spa, which...
states on the paperwork that his employee signed when the loaner was delivered.
Also we have never asked for anything other than a full refund to our financial institution that we used to finance this spa. Mr. Ted D[redacted] never contacted me regarding anything until I contacted [redacted] and Revdex.com
with my complaint. I spoke with Alejandra from [redacted] on 3/4/16. She was told by Mr. Ted D[redacted] that we were to receive a new 2016 Spa within three weeks that a new one was being assembled. That they had lost our original paperwork. Im also attaching pictures of what we received and what we originally ordered. Mr. Ted D[redacted] has been very unprofessional in this entire matter. He has been very vulgar on the phone and deceiving with his actions. Unfortunately [redacted] has recorded all conversations with Mr. Ted D[redacted] and also the conversations I've have had with [redacted].
I've paid over 7500.00 for this Spa that I originally ordered. The loaner spa we have is not even similar to what we ordered. The custom spa we ordered had loungers and was to be midnight canyon not Tuscan sun. Mr. D[redacted] has never been disrespected over the phone. I'm very upset regarding this matter but this isn't a misunderstanding as he claims. He took our money and committed fraud. He hasn't delivered the original spa that was purchased, hasn't been honest about this situation and lied numerous times, has been vulgar and cursed at us on the phone. Also the only person that ever called us was his employee Ryan to change the delivery of the loaner tub. His phone number is 330-801-1432. he has also stated to us that our tub was setting at the shop but the owner decided he wasn't going to deliver because we would settle for the loaner. Which by the paperwork attached that his employee signed we weren't keeping the loaner as we were expecting ours to be delivered within 4-6 weeks from 10/22/15. I will be contacting an attorney to see what my options are. Also I have all calls documented and dates they were received and the calls that were made to the business. I kept all records of this transaction and dealings with this company. Due to the fact he hasn't been honest since the beginning. We were not offered $200. we were offered $100 gift certificate that is also stated on the paperwork from delivery of loaner spa. Furthermore he needs to be honest which I see that he has a hard time doing, since he has lied numerous times regarding our spa.
Please note that Ms. [redacted] contacted the Ohio Attorney General several weeks ago.I have copied the response to that agency below as my position has not changed one iota.The pool is perfect in every sense, and for reasons unknown, Mr. and Mrs. [redacted] have decided that they want money back, which...
is not going to happen.Please see my response outlined below.Thank you. Ted D[redacted]President Regarding the complaint filed with your agency by [redacted], complaint # 899340, please be advised of the following: 1. Ms. [redacted] purchased an above average quality AG pool package that was installed in the Fall of 2016. The package included the pool, liner, filter, pump and accessories. The pool was immediately closed upon completion as it was late in the year. 2. The package was installed using a subcontractor that we have used for many years and who was an experienced installer. 3. The delivery, installation and then closing of the pool went without incident and the sale was concluded and we were paid. There were two small items not delivered in the Fall of 2016 and that were delivered and installed in the Spring of 2017. 4. In the spring of 2017, Ms. [redacted] called about several details that were acknowledged and completed. Ms. [redacted] being paid in full had nothing to do with the pool or the purchase, she needed two small items that were delivered at no charge. I have no idea what she is talking about regarding we did not know what we were doing, I have done about 18,000 pools over 30 years. The summer came and went, and we began to get phone calls from Ms. [redacted] in September about the pool. 5. Myself and my son stopped and inspected the pool about a month ago and noted that one of the uprights needed adjustment. We completed that but also at that time noted that the filter was operating at a high pressure which was due to Ms. [redacted] not cleaning the filter. We took care of the filter cleaning detail pronto and at no charge. 6. Ms. [redacted] after our review and perhaps while speaking to her husband, [redacted], somehow decided that the pool was not installed properly, which is not true. The pool is perfect, it looks right, sits right and is right. 7. The pool is level and round, it has a great profile in the yard and looks very nice, but somehow and someway, they have decided that they want the pool re-installed ... and have noted that my son said that the pool needed to be re-installed, which he never said. 8. This AG pool was and is perfectly installed. Please note that any and every pool can be effected during the freeze/thaw cycles of winter; every AG pool can shift or move although that is not typical to any great degree. The [redacted]s have already been through one winter ... and the pool looks great. 9. We have absolutely NO intention of re-installing this pool, none. The pool itself is warrantied as well as the equipment, if there is a problem with the pool, and it is a manufacturing defect, they have a written warranty to protect their purchase. 10. To assure the [redacted]s that all is well, I personally again stopped by their home, last Thursday afternoon, October 5th 2017. Mr. [redacted] was there, not Mrs. [redacted], and Mr. [redacted] was aggressive and demanded that the pool be re-installed. I told him unequivocally that the pool was NOT going to be re-installed as it was not necessary. Mr. [redacted] threaten me with legal action ... I said he should do what he needed to do, but we are not installing the pool again. He said I will speak to my attorney and I told him to contact my attorney directly and gave him the phone number. Ms. D[redacted], this is ridicules, the pool is fine, it looks great, is level and is properly installed. We are NOT going to provide the [redacted]s with another install, we are not going to refund any money and although I regret their displeasure, I have closed this file on our end a long time ago. I have attached my last correspondence to the [redacted]'s from last week. Mr. and Mrs. [redacted] got a excellent pool package that included merchandise and installation, we have fulfilled our obligation. There were no short cuts, no quality issues, no problems and no reason to pursue this matter. If there is a problem in the future, the [redacted]s can contact our service department and we will address the problem on a per problem basis, as we do with every customer. There is nothing else to discuss. Again please see my last correspondence to these folks. Thank you. Ted D[redacted]President cc: [redacted] File
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Mr. D[redacted] says removing the hot tub is not an option but he also stated back in November of 2016 in a letter that he sent overnight, FEDEX that he was aware of my displeasure and to resolve the issue he had ordered another hot tub from the factory that would be complete in several weeks. They would call and set up and an appointment to schedule a switch out. Several weeks have passed and we are now approaching several months, we have heard anything and the fact remains they sold me a floor model -dirty, damaged straight from the fair grounds hot tub that has never worked properly, at the price of a brand new model from the factory that we ordered. Their salesman told me it would cost me the the same if I paid the hot tub off next week or by making the monthly payment until the end of the loan... sounds like interest free financing doesn't it? I have all the documentation I signed and there is NO where that mentions or where I signed and agreed to a 9.9 % interest rate. i have never been so displeased with a company. He states there is a no return policy but this is NOT the hot tub I ordered. We pointed that out to his driver and delivery crew the day they set it on our patio and I was told .. "I just deliver them, You will have to call the company" total run around! This has been going on since September.
Regards,
[redacted]
Business responded to complaint. He will call them today to set the date for delivery of the new tub and switch out at no charge.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
In response to the business' reply the following is our rebuttal:We would like to first clear up the comments by the business regarding who performed the work at our house. When contact was initially made with business, my wife spoke to a Pat D[redacted]. He spoke to my wife regarding opening the pool and told her that his son "Teddy" would also be involved and gave us "Teddy's" cell number, which my wife put in her cell phone as Teddy D[redacted] (Best Pools). All names with respect to conversations and text messages referred to in complaint were based upon the number saved in my wife's cell phone as Teddy, which we were told was the son. We have copied the businesses reply and will be responding directly below each of their comments in red, italicized print.We were engaged to open the [redacted]’s pool in early May of 2016, taking over from a previous pool company.We actually initially spoke to the business regarding opening the pool on April 27, 2016. When we didn't hear back from them, we then contacted them again on May 2, 2016, twice on May 10, 2016 and twice on May 13, 2016 when we were finally able to reach them regarding when they were going to actually come out to do the opening.The condition of the pool when we arrived was deplorable, the water level was down about 3 feet, the pool cover had fallen in due to the low water level and there was a “ton of leaves, debris and wildlife” in the pool itself.This is an absolutely false statement. First of all, the pool water is always dirty when the cover is initially removed because the cover is permeable (dirty water from on top of cover leaks into the pool). It has been this way every year since the pool was installed. We also live in a wooded suburb so there is always "wildlife" getting into the pool (usually frogs). The pool level was one (1) foot lower than the bottom row of the pool tile. This is where we keep it in the winter to avoid ice build up on the tile because this can damage the tile. We also do this to avoid having to drain the pool in the winter due to excessive snow. The middle of the cover always sags in the pool when leaves and debris pile onto it. However, the pool was completely covered by the tarp overlapping the sandstone coping and weighted down on all sides. We were informed by text message that they did not vacuum out the bottom of the pool. This was three (3) weeks after they were hired to "open" the pool and after they had already pulled the cover off and dumped all the leaves and debris (including two of the weights that helped hold the cover in place) that were on the cover into the pool. This is the crux of the problem. The leaves and debris should have been cleaned off the cover before removing the cover. This has been done with all prior openings.We provided the [redacted]’s with exactly what we had outlined and opened the pool removing the cover and the debris on the cover but told both Mr. and Mrs. [redacted] that we would NOT vacuum the leaves from the pool … which we never do but we would run our sump trash pump and remove a lot of the debris, which we did. We did not empty the pool, which was my suggestion, as they were concerned about the pool floating AND the cost of water. If we had not trash pumped a large amount of the debris, they would NOT been able to clean up the pool at all … there was that much material in the pool.We agree with the statement about not allowing them to drain the pool. We were told by our installer and other pool experts when purchasing this pool that you cannot drain a fiberglass pool without support beams being installed because of the risk of the pool being pushed out of the ground by ground water. We are happy that we did not follow this company's recommendation. We were not made aware of any pump being used on the pool. There is no feasible way that all the debris that was in the pool got there with a cover on it.The pool was work agreed to was completed and we sent a bill .. and another bill and a third and fourth bill with no response and no comments that they were not going to pay or were dissatisfied.We contacted the business within a week of the alleged completion of the job to discuss our dissatisfaction and we left a very detailed message and never received a reply, but instead received a bill. Several weeks ago I left a message on Mrs. [redacted]’s voice mail telling her that the matter was going to Small Claims Court by if I was not paid by that Friday, at which time Mr. [redacted] called and spoke to me personally as I answered the phone.After speaking with Mr. D[redacted], he said that he apologized for our dissatisfaction and said he was just going to waive the bill and then hung up on me. He then called me back and said that his son didn't want to let it go and wanted to "pursue it".The irony was that Mr. [redacted] said this and that about the pool opening and what my son had NOT done … while the reality was that it was I who supervised the opening and it was I who spoke in length with his wife about what, when how etc.This was addressed above.Mr. [redacted] then filed with your agency, which in effect does nothing to resolve a matter, but in fact exasperates the matter from my perspective.We felt that we were being threatened with his statement about "pursuing the matter" and we felt that we should file an official complaint with the Revdex.com.While I appreciate Mr. [redacted]’s offer of $ 77.00 to “settle” the matter, I have decided that his explanation is not acceptable and more importantly not true …In the interest of avoiding a court appearance and wasting a late afternoon, I will settle the matter for half or $ 175.00. If in fact that does not take place, I will file suit in Small Claims Court and let a magistrate decide what will happen by August 30th 2016 We feel that we were misled and stand by our statements that a pool opening service was not rendered. We also stand by our previous offer.
Regards,
[redacted]
Consumer provided a phone response: The check was received and deposited.
While we wait for the write-up and cost associated with correcting the installation, I've attached page #1 from the pool installation guide. Note that the very first step involves proper ground preparation and digging into the earth, NOT FILLING IN LOW SPOTS AS BEST BUY POOLS & SPAS DID FOR OUR INSTALL. They filled with sand - sand! No wonder the whole frame is completely un-level and according to this manual will cause problems. See attached pics as proof.
Business responded to complaint.Regarding the complaint filed by Mr. [redacted], please note the following: 1. we are aware of the problem. 2. Mr. [redacted] has a legitimate complaint. 3. We are working to resolve and hope to have the problem in check by tomorrow or early...
next week ... we are waiting for factory parts. Thank you. Ted D[redacted]Best Buy Pools and Spas731 Beta Dr. Unit BMayfield Village, OH 44143440 623 7554
The check was issued today and [redacted] should have by the end of this week,We apologize for any inconvenience. Thank you. Best Buy Pools and Spas
Revdex.com:
s. We were told via email a day later that "someone had been out to the house and they had corrected 11 posts" on this visit. No one was home at the time to verify if this took place, nor did anyone verify that the posts being "beaten into levelness" (left or right) would compromise their support on the blocks underneath. 5. Myself and my son stopped and inspected the pool about a month ago and noted that one of the uprights needed adjustment. We completed that but also at that time noted that the filter was operating at a high pressure which was due to Ms. [redacted] not cleaning the filter. We took care of the filter cleaning detail pronto and at no charge. This statement is also false. It wasn’t “one upright” - be honest here Ted...the whole top railing was found to not even be attached to the pool wall!!! Your “experienced” installers didn’t even attach a main part to the pool walls?! AFter installing 18,000+ pools?!? I found the problem - not Ted Sr, not Ted Jr, not anyone of Ted’s “experienced staff.” RED FLAG #5. The statement of “pounding down” the one post did nothing but pull the pool out of level. The back wall is lower than the rest of the pool - hence needing the fresh install. The filter has nothing to do with the install, so please stop deflecting the problem, Ted. 6. Ms. [redacted] after our review and perhaps while speaking to her husband, [redacted], somehow decided that the pool was not installed properly, which is not true. The pool is perfect, it looks right, sits right and is right. AGAIN, The back wall is lower than the rest of the pool - hence needing the fresh install. Also, Ted. Sr. and Jr. dug out sand which also is problematic. In addition, (see attached pics) of just one of the exposed uprights (assuming others are poorly placed and installed as well as we just chose one to try to straighten) - the uprights aren’t even centered on the support blocks, and cannot even be fixed as if you try to tap them to either side to level them, they will fall off the block!!! RED FLAG #6 7. The pool is level and round, it has a great profile in the yard and looks very nice, but somehow and someway, they have decided that they want the pool re-installed ... and have noted that my son said that the pool needed to be re-installed, which he never said. This statement is also false...Ted Jr. did in fact suggest “bringing over equipment and fixing the install.” Ted Sr. objected stating “no, no, no...we are not doing a fresh install.” I take personal offense to Ted Sr’s denial of this conversation as I am not a liar. His son did offer this solution and did state this. RED FLAG #7 AGAIN, The back wall is lower than the rest of the pool - hence needing the fresh install. In Ted Jr’s expert opinion, a fresh install was needed. 8. This AG pool was and is perfectly installed. Please note that any and every pool can be effected during the freeze/thaw cycles of winter; every AG pool can shift or move although that is not typical to any great degree. The [redacted]s have already been through one winter ... and the pool looks great. A freeze/thaw would not cause the top railing to not be attached to the pool walls...inept installers would. RED FLAG #8 9. We have absolutely NO intention of re-installing this pool, none. The pool itself is warrantied as well as the equipment, if there is a problem with the pool, and it is a manufacturing defect, they have a written warranty to protect their purchase. Curious if the warranty on the parts would be void if the installation was not properly done by professionals. 10. To assure the [redacted]s that all is well, I personally again stopped by their home, last Thursday afternoon, October 5th 2017. Mr. [redacted] was there, not Mrs. [redacted], and Mr. [redacted] was aggressive and demanded that the pool be re-installed. I told him unequivocally that the pool was NOT going to be re-installed as it was not necessary. Mr. [redacted] threaten me with legal action ... I said he should do what he needed to do, but we are not installing the pool again. He said I will speak to my attorney and I told him to contact my attorney directly and gave him the phone number. Still waiting on that attorney information. This is a lie - Ted snuck a picture of the pool from afar - not even noting any of the issues (unlevelness, posts all unlevel and uneven, the dropped back wall, the pulled liner, nor the posts not centered on supporting blocks. My husband did not “threaten” or become aggressive towards Ted. Ted Sr. came to the home and insulted us. We are the customers and are not happy with the job that we paid him to do. A true business man would recognize that providing a quality job should be of top priority. We are merely unhappy with the installation - this is something that his company should take care of as he stated they “warranty their work.” He hired this crew and employed the crew...we did not. Ms. D[redacted], this is ridicules, the pool is fine, it looks great, is level and is properly installed. We are NOT going to provide the [redacted]s with another install, we are not going to refund any money and although I regret their displeasure, I have closed this file on our end a long time ago. This statement is false. The backwall is lower than the rest of the pool, the uprights aren’t fully supported on the blocks placed underneath - hence needing the fresh install. In Ted Jr’s expert opinion, a fresh install was needed. THE POOL IS IN NO WAY SHAPE OR FORM LEVEL. A pool professional such as Ted who has garnished so many accolades and awards should be able to admit that this job simply wouldn’t add to his roster of “award-winners” as it is a terrible representation of what quality work actually is. I have attached my last correspondence to the [redacted]'s from last week. Mr. and Mrs. [redacted] got a excellent pool package that included merchandise and installation, we have fulfilled our obligation. There were no short cuts, no quality issues, no problems and no reason to pursue this matter. If there is a problem in the future, the [redacted]s can contact our service department and we will address the problem on a per problem basis, as we do with every customer. There is nothing else to discuss. Again please see my last correspondence to these folks. Thank you so much for pointing out how awesome our work is, Ted. The lattice, decking and yardwork are quality jobs performed by myself and husband. We appreciate your compliment, and hope that you see where our standards are. Your standards of your employees’ work should be just as high. Hence our actions.
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
We have answered Mr. D[redacted]' comments in bold and have also attached photographic evidence to support our claims....... Regarding the complaint filed with your agency by [redacted], complaint # [redacted], please be advised of the following: 1. Ms. [redacted] purchased an above average quality AG pool package that was installed in the Fall of 2016. The package included the pool, liner, filter, pump and accessories. The pool was immediately closed upon completion as it was late in the year. This statement is false. The installation was not completed in the fall of 2016. The only portion of the installation that was actually completed in the fall was the digging out, install of the pool walls, posts, etc. The pool was filled with water, covered and we were instructed to "call in the spring" to finish the install. At that point, the crew would be back out to install the filter, chlorinator, pumps, hoses, etc. Then, and only then, would this job "finished" as far as the installation goes 2. The package was installed using a subcontractor that we have used for many years and who was an experienced installer. This is false. This installer neglected to show on the first scheduled install date with no communication from him or his crew. We, the customer, had to reach out to Ted ourselves to see what was going on. He didn’t know, nor was he here for the install, and was “calling the installer himself to see what was going on.” The installer never contacted us, and then just showed up a week or so later after Ted promised he would this second scheduled install date. Ted himself also showed up this time and gave us a check to hand off at the completion of this phase of the install to the installer once the crew stated they were finished. This should have been RED FLAG #1 as we are not professional pool installers. How were we supposed to know what to inspect to ensure the job was properly installed. AGAIN - TED WAS NOT HERE FOR THE DURATION OF THE INSTALL, NOR DID HE EVER RETURN TO INSPECT THE JOB TO MAKE SURE THE INSTALLATION WAS CORRECT OR TO SPECS TO ENSURE OUR WARRANTY WITH THE POOL MANUFACTURER. 3. The delivery, installation and then closing of the pool went without incident and the sale was concluded and we were paid. There were two small items not delivered in the Fall of 2016 and that were delivered and installed in the Spring of 2017. This is correct, but again...why should the customer have to to the job of Best Buy Pools & Spas and verify that all of the paid for items were received. RED FLAG #2. 4. In the spring of 2017, Ms. [redacted] called about several details that were acknowledged and completed. Ms. [redacted] being paid in full had nothing to do with the pool or the purchase, she needed two small items that were delivered at no charge. I have no idea what she is talking about regarding we did not know what we were doing, I have done about 18,000 pools over 30 years. The summer came and went, and we began to get phone calls from Ms. [redacted] in September about the pool. This statement is 100% false. Beginning in the spring, I had to threaten legal action against Ted to even get this job completed. Phone calls and emails were not returned (have the stack of emails here to prove it and can scan those in if necessary). We were told by Ted Sr. that “we have scheduled jobs to take care of and we don’t know when we will have a crew available to come out to you.” RED FLAG #3. In addition, my statement that your staff “did not know what they were doing” is in fact true as when Ted finally sent someone out to finish the installation of the pump/skimmer, etc - the gentleman stated that he “never installed one of these” and “had to follow the direction manual.” He left without completing this job as SURPRISE, SURPRISE...MORE PARTS WERE FOUND TO BE MISSING. After another week went by and MORE CALLS AND EMAILS, finally Ted. Sr. came out with another crew member came out and Ted himself had to direct his “experienced” staff how to finish installing chlorinator and filter system. RED FLAG #4. In the beginning of the summer, we contacted Ted regarding many unlevel uprights. He sent out a crew member to a
Regards,
[redacted]
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]I feel that I am still getting the total run around. I read in a previous response Mr. D[redacted] made prior to your phone conversation that my file was very clean and I signed to have the hot tub financed...YES I did but was told that it would cost the same if I financed it as if I paid for it tomorrow and NO WHERE on that clean file does it state that the financing was at 9.9% interest rate. HOWEVER that is Not the most important issue at hand. THIS HOT TUB IS NOT THE ONE I ORDERED, it is a demonstration model that was sold to me at the price of a new one straight from the factory, they were told the day that they delivered it that this was not our hot tub, I was told we just deliver them you will have to call the company.....which I did right away and several times before getting a return call. This has been going on since September 2016. We used this hot tub less than a handful of times before realizing it had more issues than arriving dirty and banged up from the fair. Mr. D[redacted] FedEx'd overnighted a letter 11/2/2016 saying they were going to order a new hot tub and switch it out with the one on the patio.(minus pillows and filters although in a previous reply to you he claimed he would send filters?) NOVEMBER 2, 2016!! Yet we went all fall, winter and now spring with a hot tub taking up space but being totally unusable to us. Now he wants to make the same offer six months later saying he can't have it until July 4th? We are almost to the one year mark with no satisfaction why am I to believe that he is going to make it right and why should we wait another 3 months for him to do so? [redacted]
They say they were not clear as how to resolve the issue so they called the factory tech support to trouble shoot over the phone, Now the problem has not been resolved, they want to blame the factory, I paid Best Buy to fix the spa not the factory. They claim they did not hear from me for several weeks which is false because I contacted them days later to tell them my spa was still not shutting off at 3 degrees above set temperature as it states in my owners manual. That is the problem I paid them to resolve and they did not resolve the issue. They neglected to state that they made a second service call to also replace the control panel in an effort to resolve the malfunction but that did not fix the problem either .They did not charge for his part. They were never told the spa was operating as it should and there was nothing else to do as they claim in their response. If they wish to send a tech to my home to review this matter again I am fine with that .However I am not okay with them attempting to make it look like my lack of knowledge regarding my spa is the problem. If they thought that was the problem why did they replace a $600.00 part that did nothing to repair my spa ? Thank You Mr. [redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Regards,
[redacted]
Please note that a check in the amount of $ 100.00 was issued today and is in today's mail. The delay in my response was due to a knee replacement November 9th 2017 as this was my first day back at work to sign checks. The customer file was closed and the purchase was...
canceled. Thank you
Regarding Mr. [redacted] complaint, please note the following: 1. We were contacted by the customer regarding their issue. 2. We were not clear as to resolve the issue and went to the factory tech support and they suggested that based on the age of the spa that the board...
needed to be replaced.3. We ordered the new board and several other ancillary items that the customer requested and set a date and time for the installation.4. The work was completed and the ancillary items delivered and we closed the file on the matter. After 10 days the old board was disposed of and we believed the problem was resolved.5. Several weeks later we heard from Mr. [redacted] that he was not pleased and I spoke with him about what the issue was and he said that the problem was not resolved. I called the factory to discuss and they said that the spa was operating as it should and there was nothing else to do.6. Please let me note that it is always our intention to make the customer happy and that is what we did here. 7. Mr. [redacted] said that he was not going to accept this but we have no recourse as the old board was destroyed.8. I would be willing to send a tech to review the matter again at the customer's home given that it is between 9:00am and 4:00 pm Monday through Thursday only. I would also request that Mr. and Mrs. [redacted] be on site to review the operations and with tech support on the phone to review realities and options if any exist. Let me know. Thank youi Ted D[redacted] cc: Master Spas
I'm attaching documents that I have saved and have received from Best Buy pools and Spas..
First off we never stated that we were keeping the loaner spa, which...
states on the paperwork that his employee signed when the loaner was delivered.
Also we have never asked for anything other than a full refund to our financial institution that we used to finance this spa. Mr. Ted D[redacted] never contacted me regarding anything until I contacted [redacted] and Revdex.com
with my complaint. I spoke with Alejandra from [redacted] on 3/4/16. She was told by Mr. Ted D[redacted] that we were to receive a new 2016 Spa within three weeks that a new one was being assembled. That they had lost our original paperwork. Im also attaching pictures of what we received and what we originally ordered. Mr. Ted D[redacted] has been very unprofessional in this entire matter. He has been very vulgar on the phone and deceiving with his actions. Unfortunately [redacted] has recorded all conversations with Mr. Ted D[redacted] and also the conversations I've have had with [redacted].
I've paid over 7500.00 for this Spa that I originally ordered. The loaner spa we have is not even similar to what we ordered. The custom spa we ordered had loungers and was to be midnight canyon not Tuscan sun. Mr. D[redacted] has never been disrespected over the phone. I'm very upset regarding this matter but this isn't a misunderstanding as he claims. He took our money and committed fraud. He hasn't delivered the original spa that was purchased, hasn't been honest about this situation and lied numerous times, has been vulgar and cursed at us on the phone. Also the only person that ever called us was his employee Ryan to change the delivery of the loaner tub. His phone number is 330-801-1432. he has also stated to us that our tub was setting at the shop but the owner decided he wasn't going to deliver because we would settle for the loaner. Which by the paperwork attached that his employee signed we weren't keeping the loaner as we were expecting ours to be delivered within 4-6 weeks from 10/22/15. I will be contacting an attorney to see what my options are. Also I have all calls documented and dates they were received and the calls that were made to the business. I kept all records of this transaction and dealings with this company. Due to the fact he hasn't been honest since the beginning. We were not offered $200. we were offered $100 gift certificate that is also stated on the paperwork from delivery of loaner spa. Furthermore he needs to be honest which I see that he has a hard time doing, since he has lied numerous times regarding our spa.