H & J Mechanical

Initial Business Response /* (1000, 5, 2016/05/12) */
Contact Name and Title: *** ***
Contact Phone: XXX-XXX-XXXX
Contact Email: ***@sbcglobal.net
We responded to a police call for a tow truck to impound (see enclosed EXHIBIT 1) this consumer's vehicle on May 11, We
towed the vehicle to our lot, securing it at our facilityOn May 12, the registered owner came into our place of business to retrieve the vehicle with (renewed) proper registration, proof of insurance and valid driver's license (all of which are required)The fees that we charge are basic, standard fees of: *** for towing, *** administrative, and storage fees of *** per calendar dayThe consumer came in very angry and rude to the employee who waited on himHe later telephoned demanding an explanation of all fees and they were explainedHe promptly demanded written proof be faxed to a telephone number, to which he suppliedAll the paperwork he wanted was promptly faxed to said number, to which he responded with a VERY rude, disrespectful and slanderous response in writing (see enclosed EXHIBIT 2)
We, as a contracted towing & storage facility for city/county/state police departments, do NOT charge exorbitant fees for anything we doWe charge the same standard, basic fees that all other facilities doing the same thing chargeEvery customer is charged the same fees for all the same services
Neither actions nor fees charged to this consumer are any different than any other police impounded vehicleWe do not feel this customer is owed and refund of the fees that incurred for the service provided, he owes the employee an apology for his rude and disrespectful note and actions
Initial Consumer Rebuttal /* (2000, 7, 2016/05/13) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Their response and explanation is unacceptable"That's what everybody else charges," is not an explanationThe sign on their wall states *** minimum towing fee," and they only towed the vehicle four milesI would be OK if the charge was *** but *** for a ** report and being charged two days for a 14-hour storage (which would have been zero days, if they didn't close at 5:00pm) is ridiculousAnd my perceived rudeness was a response to 1) no explanation from their cashier regarding my inquiry on the *** administrative fee (which had to be hand-written onto the invoice, as their was no box for "administrative fee"), and 2) the rude response my wife received from the tow truck driver when she asked him if there was any special precaution for towing an AWD vehicleRudeness begets rudenessI didn't really expect a refund, but I want other consumers to be aware of their shady practicesI am done wasting time on these people and their unethical practices

Initial Business Response /* (1000, 5, 2017/04/06) */
It is true that the [redacted] have had numerous issues with this pool. This pool was installed using the same methods as any other pool that we have completed and I will note that we have not received any other complaints at all. [redacted]...

mentions that crusher dust was not used and that is not true. The base of his pool has a 2" pad of crusher dust which was tamped, along with a styrofoam pad on top and styrofoam polycove around the inside wall. There were issues with the pool shifting after the first year and we noticed the cement pads starting to sink and the supports starting to lift. At that time the pool wall was lifted above the pads and the cement pads removed so that crusher dust could be added to build up the ground again and the pads re-installed which straightened the supports. Before the 3rd season, shifting had taken place once again so we actually drained the water from the pool and basically re-installed. We layed more crusher dust and tamped it, replaced the styrofoam and refilled the pool. There have been additional calls as well to make adjustments since the second install and each time we still see the cement pads actually sinking into the ground, the ground is obvoiusly still to weak to support the weight of the pool.Please note that at no time was the homeowner ever charged for the additional work or materials. From there the pool continued to shift and issues continued. We then learned from another contractor that there had been issues with cracking etc. in the foundation of the customers home and that it was believed that extensive tree removal beside the house may have caused that and that the area where the pool is installed is where those trees were removed. A pool must be installed on undisturbed ground and at the time we installed the pool we were not aware that the area where the pool was installed was recently filled with trees. I explained to [redacted] that we believed that the pool was shifting as a result of the ground shifting and settling. As the trees were removed, the roots would have left numerous gaps underground and the weight of the pool would be pushing down on the ground and gradually filling this openings. The pool would continue to shift until the ground was completely settled and that we would do everything we could to help them maintain their pool until the shifting and ground settling stopped. Working with my distributor in Halifax, I applied for warranty replacement of a few top rails which had discolored in 2013. The rails were received and these were the only parts that [redacted] had mentioned as needing replacement. The following year [redacted] brought to my attention that there were more discolored rails and some structural damage so I went back to my distributor to initiate warranty replacement for anything neccessary. I was left in limbo for a bit but did not realize at the time that our distributor, [redacted] was in the process of receivership and we were strung along for some time as they did not want us aware that they were unable to receive product from their suppliers. When [redacted] closed I did contact [redacted], the pool manufacturer on behalf of the [redacted] and was told at the time that because I did not have a distributor representative, which was [redacted], that any warranty or technical concerns would have to be between the homeowner and the manufacturer. I contacted [redacted] right away and gave him the contact information for [redacted] and reassured him that although the communication had to be between himself and [redacted] I would be sure to provide him with any documentation he required as well as my husband assisting with inspection and determining what parts may need to be replaced. In the fall of 2016 I spoke again with [redacted] and suggested that he contact [redacted] and ask that they speak to me on his behalf, which he did and although [redacted] suggests that they have tried to reach me numerous times, it wasn't until I received the representatives contact info from [redacted] this winter and tried contacting him myself that we were able to speak. My husband spoke to [redacted] at [redacted], described the method of the original installation and subsequent installation and [redacted] does not believe that there was anything [redacted]e incorrectly on the installation. We did not explain to [redacted] our thoughts on the condition of the ground under the pool, only trying to receive what we could under warranty on behalf of [redacted] has a very clear Limited Warranty which describes a pro-rated system of determination. Years one and two have 100% coverage. Year three has 70% coverage and coverage decreases every year after that. In year two of Mr. [redacted] pool there was no structural damage discovered, only lifting which was repaired. In year three, the only parts that required replacement were the discolored top rails. These would have fallen under the 70% coverage but we replaced them at no charge. We are in year seven which supplies only 30% coverage but upon discussions between [redacted] and my husband,[redacted] explaining the confusion as a result of us losing our distributor and being told that the manufacturer would no longer work with us as a dealer, only the homeowner... [redacted] has agreed to take the pool back to year three in warranty, when the real issues arose and supply 70% coverage. Warranty does not cover labour and I feel that Hearth Energy and Technology has supplied more than enough additional labour at no charge to sort out these issues. We, as a dealer cannot be responsible for the limitations in a manufacturers warranty. As consumers ourselves, we often have to replace items for our home etc. which are no longer covered under warranty. We strongly believe that the issues with Mr. [redacted] pool are a direct result of the ground settling but hope that since seven years has passed, it may be nearing the end I have given [redacted] the option of purchasing the components he needs at 70% off manufacturers price and my husband would assist him in determining which parts should be replaced and placing an accurate order with [redacted]. This is a very unfortunate situation but I believe that [redacted] is being more than co-operative on their warranty agreement and our installation is not the cause of these issues. I would be happy to supply a copy of an email from [redacted] stating that they would agree to 70% coverage as well as a copy showing the [redacted] Limited Warranty details if required.
Initial Consumer Rebuttal /* (3000, 7, 2017/04/11) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not except this response as we have had a few pool experts over and can provide a document saying that the issue with this pool has nothing to do with trees or a root system being in the way .and is in the installment of how they set it up.we were also told by this company that we were one of there first customers to have a pool installed by them.when they had set the pool up the very first time the crusher dust was not tamped as we had friends here to watching heat install it.the crusher dust was suppose to go at least 6 inches out beyond the pool and was not [redacted] also did not mention her husband had to push the sides of the pool in with his truck because the legs were sinking in the ground pushing the legs inside the pool up stretching out the liner .[redacted] had put cement blocks down and used can spray foam underneath but if the proper amount of crusher dust had been used and proper installation this might not of happened.so by him using his truck has moved the pool right out of the track and to this day has never been fixed.they may have drained the water from the pool and for her saying to re install that was only to do with there mistake and ended up tamping it then but was to late as we were already having issue from the start.this pool is very lumpy and uneven .more water at one end then the other and we have to keep cutting our deck back from around the pool cause he keeps moving . the only thing holding this pool up is the 2 x 10 deck around it.for her saying she heard from another contractor about the house cracking well that has nothing to do with the pool and we should no as home owners if anything was [redacted]e .We had [redacted] come out and made sure that it was a suitable place to put a pool as there was no trees in the area or ever filled in and that is where [redacted] felt would be fine to install it .[redacted] is suppose to be the pool expert so why would he suggest it be a good spot if he felt we were going to have this much problems.I find this company keeps saying there coming over but I know at least once it took over a year. that is why its prolonging everything with the warranty.As for the top rails I had told [redacted] after we had received the first 3 to order me more as it took forever but she prolonged it and now they want us to pay over [redacted] for them.Also for [redacted] talking to [redacted] we had contacted them last year in 2016 so it should never of taken her to march 2017 to contact them .when we had a issue with the pool we had to go over to there store more then once to get them to come to the House to look at it .
[redacted] had also mentioned to Kenny and [redacted] at the store he couldn't understand why our pool was moving and thought it could of been where he didn't dig it down might be the problem.
I do believe we should not have to pay anything out on this pool as it all started when they first started to install it and they were the ones that keep putting us on the back burner so that is why years later were still having issues .
I feel this company should not be installing pools as to the problems we are having and they cant seem to fix them as they [redacted]'t either have the time or just [redacted]'t want to do it .

Final Consumer Response /* (4200, 13, 2017/04/12) */
(The consumer indicated he/she DID NOT accept the response from the business.)
nice to receive the warranty issue but everything started to happen when there was full coverage on the pool and they were the ones to keep prolonging everything .
Final Business Response /* (4000, 10, 2017/04/12) */
Please find attached copy of [redacted] Limited warranty. As you will see, at year 7 the coverage would normally be 30%. [redacted] has agreed to cover 70% , normal coverage at year 3.

Please notify me as to where this complaint stands.

Regards,
[redacted] Balch

Hearth Energy & Technology