D&B Landscaping

Review: D&B Landscaping, license number [redacted], was hired to install a 6 ft tall wooden privacy fence at my rental property in Killeen, Texas 76549. [redacted] and I signed a contract on July 14, 2014 and per the terms of the contract the contractor will begin work on July 19, 2014 to be completed by July 29, 2014. Per the terms of the contract it stated that $2,000.27 shall be paid to the contractor as a down payment to cover material and incidental costs for the services provided. On July 15 I made the down payment in the amount of $2,000.27 via PayPal to [redacted] who confirmed on July 15th that payment was received at 11:08AM. [redacted] sent a text to both myself and my tenant on July 16 stating that the permit request has been turned in as of today. City officials stated 3 to 5 business days for approval and they will contact me when the permit is ready. Between July 24-26 texts were sent to [redacted] as well as my tenant inquiring about the status of the permit and fence installation with no response back from him; however my tenant responded stating he has not started yet. Between July 27-29, there was conversation again between [redacted], myself and my tenant including a mutual agreement to extend the contract completion date to August 2, 2014 since I was under the impression that the permit took longer than expected for approval. On July 28, I acknowledged our mutual agreement via email and on July 29 [redacted] responded I acknowledge receipt of this email and we have set a goal for completion to be Saturday, 2 August 2014. I responded back thanks for acknowledging this email however Im a little perplexed by your use of the word goal. August 2 is not a goal to me Im expecting the fence to be complete on that day. I dont intend on extending again unless there are some catastrophic circumstances beyond your control that prevents you from completing on time. Just want to make sure there is no misunderstanding. No response from [redacted]. Between July 29-Aug 2, [redacted] never showed up to the house. The afternoon of July 29 my tenant texted me stating I am sorry to report that he was supposed to start this morning but it is 2:40PM and he had not come and is not answering my calls. I immediately called [redacted] and asked him what is going on with my house and the fence. He stated he was having problems with this truck but would be at the house. I expressed my concern about having a fence installed by the contract deadline, exchanged words and expressed other concerns to him and told him I was NOT happy and hung up the phone. On July 30 my tenant sent me a text stating no one is here working on the fence. I asked her if he showed up yesterday like he said he would and she sent a snapshot of a text [redacted] sent her: [redacted] Im going to have to postpone until morning for the fence. I smashed my hand while working on my trailer. But well be there early tomorrow to get started and will be done by Saturday. On July 31 I sent my tenant a text that said I take it no show or communication with you today either regarding the fence. She texted no nothing. On August 1, I called [redacted], sent a text and email to discuss the remaining options (and other issues) for the fence which were to cancel the contract and return my money, $2,000.27, before the contract expires Saturday, Aug 2 at 11:59:59PM this way you will not be in default/breach of contract. The caveat is that my money must be returned via PayPal prior to the contract expiring tomorrow OR let the contract conclude tomorrow and then sue you for the return of my money for default/breach of contract. Please give me a call to discuss. No response from [redacted]. On August 2, I again made one last and final attempt to contact [redacted] via text, phone and email: We still have time to resolve this before the contract expires tonight. The lack of communication you have displayed with me is unprofessional and will not resolve anything. I fronted you a lot of money, $2,000.27 for supplies and incidental expenses as a down payment for the installation of a fence per YOUR contract terms with the expectation that you would fulfill your end of the contract but unfortunately that is not going to happen. Since we both know the fence will not be installed by the deadline, which is today, I am willing to cancel the contract so long as you return my down payment of $2,000.27 this evening. If you just want to return my down payment via PayPal without talking to me I'm fine with that too. Please respond in some way because if I don't hear from you the first action I will be taking Monday morning August 4, 2014 is to file a formal complaint through the TX licensing and permit department followed by the Revdex.com, small claims court, post negative online reviews of my experience, etc. [redacted] never contacted me but on August 2, 2014 at 9:13PM I received an email from PayPal stating: D&B Landscaping just sent you a full refund of $2,000.27 USD for your purchase. On August 3 I texted [redacted]: Pending transfer acknowledged. Once transfer is complete will text received. Thank you for doing the right thing. On August 6, I received an email from PayPal stating an eCheck payment from D&B Landscaping was declined by the senders bank. On August 6 I left [redacted] a voicemail, text and forwarded the email from PayPal stating his eCheck was declined by his bank and I needed him to resolve this issue by the end of the week otherwise I was going to proceed with the actions I mentioned in my last email starting with the TX Licensing Board. I still have not received a response from [redacted] nor have I received resolution of the refund he initiated on August 2. On August 13 I received another email from PayPal stating the refund from D&B Landscaping did not clear the senders bank. I am seeking a refund of my down payment because [redacted] never initiated let alone completed the fence installation.Desired Settlement: I would prefer [redacted] refund my down payment in full via PayPal using a credit card ONLY since his previous attempts paying via eCheck were declined. I would also be willing to accept a refund for the full amount via money order or cashier's check ONLY.