Creel Tree Service, LLC

It is true that the *** did not sign the contractOur standard procedure is to provide the contract with the proposalGenerally we try to get it signed, but if the purchaser provides a payment, we consider that acceptance of the proposal including the contract language*** *** states that she has not seen this beforeI cannot prove that she didI can state that our standard procedures include giving the contract to everyoneI believe that we PROBABLY did give the contract page to the ***Unfortunately, ** *** has made a number of statements that are either demonstrably or shaded to her favor, so I can't take her word that she didn't get it.Still, common knowledge and contract law says that a deposit is to be held to prevent cancellations without causeWe maintain that this cancellation was made without just cause and thus the deposit is forfeit : "3moneypaidtoapersonasanearnestorsecurityfortheperformanceofacontractorotherobli...⇄ cite: http://legal-dictionary.thefreedictionary.com/deposit

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID *** and have determined that this does not resolve my complaint See attached write up and pdf of exterior painting bid
Regards,
*** ***

Revdex.com:I have reviewed the response made by the business in reference to complaint ID 12538860, and have determined that this does not resolve my complaint. In Response to Roto-Rooter, 1) I called the office and spoke to Mia
W*** on November 8, 2017. I did inform her that the line was clogged and that I had a small auger appxft that I had used to clean the line directly under the sink. The clog in the line was in the basement under the foundation so my auger would never have reached that far. 2) I was given two different prices to fix the line verbally and was defiantly ok with that because I did not know what was wrong with the plumbing as I am not a plumber. 3) I did observe that the tech went several feet and continuously tried to clear the line. I also heard the tech say that his line broke and then observed them only pull out appxftof cable. I have been told several times by Roto Rooter that they can “account for the line that was used in my home” But I observed another plumbing company remove their cable from my line and have the report from the tech saying that he saw and removed the auger from the line. 4) They are correct in saying that they did not charge me. Nor would I have paid them if they tried to. Their tech asked me to pay dollars cash to him under the table which my wife withdrew from the bank until the line broke and the tech left. 5) My story has not changed at all and Revdex.com has all the documentation proving this including emails and attachments. I have not established any cause to be deemed untrusted. However, Roto-Rooter claims that my story does not match their tech’s story. That is probably correct seeing how the Tech and roto-rooter has deemed themselves untrusted. Someone in their company forged my signature on an invoice and submitted it as my approval. This information was turned into *** County Sheriff’s office and is being pursued for criminal action by the detectives. 6) Based on the points above I think it is very clear that Roto-Rooter has established themselves as a poor company and individuals that cannot be trusted. Nor would anything they say be deemed trust worthy in the court system having forged documents on my behalf. In response to their claims I would ask that a substantial amount of proof be given to deem my claims as and that the documentation that I have provided is incorrect or that they be responsible for the damages. Thank you*** ***Regards,*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID *** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.The estimator, Eric Pantalone, said he would email us a contract, and that never happened. The first time that we ever saw the contract language was during this series of correspondences. We paid a deposit in order to get in line for service. End result: no service provided; no contract ever signed; we deserve our deposit refunded
Regards,
*** ***

First, our contract does specify that deposits are non-refundableSecond, we tried very hard to accommodate the *** timing needs.When we initially signed the contract on 7/27/16, we told the *** to expect us in to monthsThere were some other projects going on at their place, and this seemed reasonableOn 8/a window opened on our schedule and we called to see if they were ready for usThey were notOn 9/12, the customer called us to ask us to be there within two weeksThat was faster than we could manage, and we offered to be there in approximately three weeksShe balked.At this point, the relationship seemed to go off the railsThe customer spoke with both Eric P., the project manager who had been working with her and Randall Reese, the company ownerHer complaints, her description of problems and her demands began to vary, sometimes quite far from the truthOne of the things she told MrRon their first call (9/16) was that she had already booked another painterGiven how inflexible her demands had become, it seems likely that this is the real reason she wanted to cancel: she found a cheaper painter.Also, in her first conversation with MrRshe complained that MrPhad lost his temper and been rude to herHaving worked with him for six months, I can say unequivocally that I have never seen him come close to losing his temperHer complaint to you says that I was also rude to herWhen I told her that her statements were not matching our records, she asked, "Are you calling me a liar?" and got upset, but I didn't use that word, nor did I say anything that was unprofessional or rude, still she was very angry at being contradicted.Generally when a customer needs to cancel, I refund half their deposit, despite the contract language that gives me the right to hold it allAfter talking with *** ***, and seeing that she was going to be vengeful no matter what I did, I decided not to offer her the 50% refundShe is currently writing bad reviews through social media and review sites

First, our contract does specify that deposits are non-refundable. Second, we tried very hard to accommodate the [redacted] timing needs.When we initially signed the contract on 7/27/16, we told the [redacted] to expect us in 1 to 2 months. There were some other projects going on at their place, and...

this seemed reasonable. On 8/24 a window opened on our schedule and we called to see if they were ready for us. They were not. On 9/12, the customer called us to ask us to be there within two weeks. That was faster than we could manage, and we offered to be there in approximately three weeks. She balked.At this point, the relationship seemed to go off the rails. The customer spoke with both Eric P., the project manager who had been working with her and Randall R., the company owner. Her complaints, her description of problems and her demands began to vary, sometimes quite far from the truth. One of the things she told Mr. R. on their first call (9/16) was that she had already booked another painter. Given how inflexible her demands had become, it seems likely that this is the real reason she wanted to cancel: she found a cheaper painter.Also, in her first conversation with Mr. R. she complained that Mr. P. had lost his temper and been rude to her. Having worked with him for six months, I can say unequivocally that I have never seen him come close to losing his temper. Her complaint to you says that I was also rude to her. When I told her that her statements were not matching our records, she asked, "Are you calling me a liar?" and got upset, but I didn't use that word, nor did I say anything that was unprofessional or rude, still she was very angry at being contradicted.Generally when a customer needs to cancel, I refund half their deposit, despite the contract language that gives me the right to hold it all. After talking with [redacted], and seeing that she was going to be vengeful no matter what I did, I decided not to offer her the 50% refund. She is currently writing bad reviews through social media and review sites.

We are apparently at an impasse. The [redacted] say they didn't understand that deposits are meant to secure jobs and that refunding deposits without cause would invalidate their purpose. We say that they should know this, that our contract stipulates it, and just because they didn't return the signed contract to us with their payment doesn't mean that they didn't see it. We often take credit card payments by phone and pick up contracts when the job starts.Please note that they have filed this same claim with their credit card company and that the deposit money in question is no longer in our possession. We have contested that claim, but don't intend to pursue it beyond the ruling of the credit card company.

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.  LVX supplied a copy of their standard contract, and notice that it is unsigned.This is the first time that the [redacted] have seen this contract language.No work was ever performed by LVX.    We expect a refund of our $717 deposit.
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. Either the Revdex.com or the contractor, LVX, makes reference to attachments previously sent, which I have not seen.How can I see those attachments ?
Regards,
[redacted]

December 12, 2017Regarding the complaint that you received from Mr. [redacted], he called our office on November 8, 2017 having an issue with a clogged sink, he had informed the CSR Mia W[redacted] that he had already tried to cable the line but was unsuccessful. We sent a technician out, once he arrived he gave the customer an estimate to cable the line and customer was fine with the price. Technician began to cable the line approximately 15' to 20 feet until he hit something hard, which he thought was the blockage So he did Cable the line and tried numerous times to clear with no success. The technician's cable did break attempting to clear that line, however it broke inside his machine. We did not charge the customer for that service call due to we could not clear. The cable that the technician used is accounted for. We are not responsible for any lines underground. Mr. [redacted]'s story has changed multiple times since the first email on November 16, 2017, it doesn't match what the technician says nor does it match what the CSR says. I feel as though he wants Roto Rooter to pay for his old cast iron which he knew wasn't clear, I also feel as though he got taken advantage of by another company. Therefore I will not be reimbursing any money to him for any claim. Thank YouRoto Rooter Staff