I am rejecting this response because:
I have phone records that show that at no time between the time of payment until I called them did I ever receive any calls from H &W doorThe man I spoke with said he had the wrong number and the number he had was *** and not the correct *** and that was the reason for me not receiving a callAnd when I told him that was not true, they had the right number to call me back twice to receive payment over the phone, then he said he’d look into it but never didAnd I never said a couple weeks later I bought doors, I said after about weeks of not hearing anything from them that I decide to go purchase doors and do myselfAnd when I called them the first time about my deposit, I put in the doors a couple weeks earlier and that I just remembered I had put a deposit downThat’s why I calledIt was a couple weeks before my call requesting my deposit not a couple weeks from the time I ordered the doorsIt’s clear that this company continues to make up lies to justify their incompetence and thieveryAlso H & W door May say a deposit is collected in case a customer changes their minds and they get to keep it, however, my attorney at *** *** *** *** informed me after reviewing the estimate that no where on it are there are any terms and conditions stating a loss of deposit should the service not be provided for any reasonTherefore I am legally entitled to my whole deposit backAnd also that never can such terms and conditions be implied or retroactively applied without written consent from the signing partyAnd tha H & W Door can not just make terms of its own when they feel it’s ok to not refund a deposit or when it’s acceptableIt’s a very clear legal cut case that any deposit can not be keptMy attorney was shocked that given my estimate, and it’s lack of terms and conditions, that H & W Door would even attempt to claim they have any right to withhold a depositAnd that any company should be wise enough to know what is legally requiredAnd without evidence of any agreement at a later date of such terms and conditions, H & W Door has no defense legallyOn this opinion is the basis in which I have decided to go to whatever length to retrieve my deposit backAnd should I not receive a refund prior, file a case in court and also make complaints against H&WDooe and both it’s owner to all state and federal consumer and regulatory agencies for their unlawful and unethical business abuses
See attachment for response details. Ben M[redacted] Background: Mr. [redacted] (customer) received an estimate on 6-29-2017. Mr. [redacted] (partner of customer) ordered two doors and two operators on 7-18-2017. The doors were a special color (Brown) and Mr. [redacted] was charged...
$400.00 for a deposit ($2,262.00 total cost of job). Upon receiving the doors, attempts were made to contact Mr. [redacted]/[redacted] to schedule the installation. It should be noted that it is not unusual for a customer to not respond for weeks if not months (death in family, vacation, emergency, etc.). At no point did Mr. [redacted]/[redacted] try to initiate contact with H&W Door until 9-25-2017 (2 months, 8 days from time of order). On 9-25-2017, Mr. [redacted] called H&W Door and spoke to Scott T[redacted]. He requested a refund for the deposit. Scott explained that he would need to look into the details of the order. On 10-4-2017, Mr. [redacted] called and explained to Scott that he and Mr. [redacted] had forgotten about the purchase made at H&W Door and that they had also purchased doors from another supplier a few weeks afterwards. Scott responded that they were special doors and the reasoning for a deposit. Conclusion: Mr. [redacted] and Mr. [redacted] purchased special order doors from H&W Door Company and then repurchased additional doors from another supplier. This is the very situation that H&W Door is trying to avoid and why we collect a deposit (ernest money) for special orders. The claim by Mr. [redacted] that he waited 3 months for installation is incorrect. The doors from the other supplier were installed at some time in August. This would mean that up to three weeks had elapsed from time of order at H&W Door and time of order with another supplier (as stated by Mr. [redacted]). Mr. [redacted] also claimed that we had an incorrect phone number for him. In the event that H&W Door did call the incorrect phone number, would it not be a simple matter for Mr. [redacted] to pick-up the phone and inquire about the status of his order? H&W Door has offered to sell the doors to Mr. [redacted] minus the cost of labor for installation or to refund the $400.00 deposit in full, if and when another customer can be found to purchase these doors.
Please see attachment for response. As stated in my previous letter (dated November 3, 2017), H&W Door requires a deposit for all special order doors. This policy ensures that the customer has a stake in the order process. I offered to refund the deposit when the doors that were ordered had been sold to another customer. Since then, one of the doors in question has been purchased by another customer. I have issued a check for $200.00 to Mr. [redacted] (sent Certified Mail). When the remaining door is sold, the balance of the deposit will be refunded.
I am rejecting this response because:
I have phone records that show that at no time between the time of payment until I called them did I ever receive any calls from H &W doorThe man I spoke with said he had the wrong number and the number he had was *** and not the correct *** and that was the reason for me not receiving a callAnd when I told him that was not true, they had the right number to call me back twice to receive payment over the phone, then he said he’d look into it but never didAnd I never said a couple weeks later I bought doors, I said after about weeks of not hearing anything from them that I decide to go purchase doors and do myselfAnd when I called them the first time about my deposit, I put in the doors a couple weeks earlier and that I just remembered I had put a deposit downThat’s why I calledIt was a couple weeks before my call requesting my deposit not a couple weeks from the time I ordered the doorsIt’s clear that this company continues to make up lies to justify their incompetence and thieveryAlso H & W door May say a deposit is collected in case a customer changes their minds and they get to keep it, however, my attorney at *** *** *** *** informed me after reviewing the estimate that no where on it are there are any terms and conditions stating a loss of deposit should the service not be provided for any reasonTherefore I am legally entitled to my whole deposit backAnd also that never can such terms and conditions be implied or retroactively applied without written consent from the signing partyAnd tha H & W Door can not just make terms of its own when they feel it’s ok to not refund a deposit or when it’s acceptableIt’s a very clear legal cut case that any deposit can not be keptMy attorney was shocked that given my estimate, and it’s lack of terms and conditions, that H & W Door would even attempt to claim they have any right to withhold a depositAnd that any company should be wise enough to know what is legally requiredAnd without evidence of any agreement at a later date of such terms and conditions, H & W Door has no defense legallyOn this opinion is the basis in which I have decided to go to whatever length to retrieve my deposit backAnd should I not receive a refund prior, file a case in court and also make complaints against H&WDooe and both it’s owner to all state and federal consumer and regulatory agencies for their unlawful and unethical business abuses
See attachment for response details. Ben M[redacted] Background: Mr. [redacted] (customer) received an estimate on 6-29-2017. Mr. [redacted] (partner of customer) ordered two doors and two operators on 7-18-2017. The doors were a special color (Brown) and Mr. [redacted] was charged...
$400.00 for a deposit ($2,262.00 total cost of job). Upon receiving the doors, attempts were made to contact Mr. [redacted]/[redacted] to schedule the installation. It should be noted that it is not unusual for a customer to not respond for weeks if not months (death in family, vacation, emergency, etc.). At no point did Mr. [redacted]/[redacted] try to initiate contact with H&W Door until 9-25-2017 (2 months, 8 days from time of order). On 9-25-2017, Mr. [redacted] called H&W Door and spoke to Scott T[redacted]. He requested a refund for the deposit. Scott explained that he would need to look into the details of the order. On 10-4-2017, Mr. [redacted] called and explained to Scott that he and Mr. [redacted] had forgotten about the purchase made at H&W Door and that they had also purchased doors from another supplier a few weeks afterwards. Scott responded that they were special doors and the reasoning for a deposit. Conclusion: Mr. [redacted] and Mr. [redacted] purchased special order doors from H&W Door Company and then repurchased additional doors from another supplier. This is the very situation that H&W Door is trying to avoid and why we collect a deposit (ernest money) for special orders. The claim by Mr. [redacted] that he waited 3 months for installation is incorrect. The doors from the other supplier were installed at some time in August. This would mean that up to three weeks had elapsed from time of order at H&W Door and time of order with another supplier (as stated by Mr. [redacted]). Mr. [redacted] also claimed that we had an incorrect phone number for him. In the event that H&W Door did call the incorrect phone number, would it not be a simple matter for Mr. [redacted] to pick-up the phone and inquire about the status of his order? H&W Door has offered to sell the doors to Mr. [redacted] minus the cost of labor for installation or to refund the $400.00 deposit in full, if and when another customer can be found to purchase these doors.
Please see attachment for response. As stated in my previous letter (dated November 3, 2017), H&W Door requires a deposit for all special order doors. This policy ensures that the customer has a stake in the order process. I offered to refund the deposit when the doors that were ordered had been sold to another customer. Since then, one of the doors in question has been purchased by another customer. I have issued a check for $200.00 to Mr. [redacted] (sent Certified Mail). When the remaining door is sold, the balance of the deposit will be refunded.