I had them come out to my house for an estimate for a roof replacement. Their high pressure salesman sold me on a good quality roof and the warranty that went along with it. I didn't hear from them for 6 weeks until the project manager called me to say the crew wasn't going to make it that day. I told him I had no idea they were coming. He said well he material are there. They were not there but were delivered later that day. The crew arrived and within no time discovered what the estimator had missed. Then the project manager called and told me it would be another $11,000 to complete the project. I told them that was out of my budget. To their credit they did cut it down to $5000 extra but at this point I was not sure I wanted a company that gave me a highball estimate in the first place that was totally inaccurate and then demanded another 5k from me due to their mistake to continue the project. I told them that the inaccurate estimate and the inability to complete the project within budget were violations of the contract I signed and that I was cancelling the project based on that. They never responded after the last e-mail and have my deposit and pile of unused materials sitting on my property. I guess the only way to deal with them now is a lawyer. Be sure I will include the legal costs of recovering my deposit in that action. Don't make the same mistake I made and trust this company with a deposit. They obviously stress their sales team over their actual service and products.
Complaint: [redacted] I am rejecting this response because: This response is inadequate Our family was notified a few days after we complained about the service rendered that they would look into the issue but we have not been contacted by their place of business since June of It has been almost months and no action has been taken Photos have been submitted as proof of the damage caused by their technician.Sincerely, [redacted]
Hello [redacted] ,We apologize for any miscommunicationWe have spoke with [redacted] , and it sounds like it broke down to an honest mistakeOur policy is no refunds issued past the cancellation dates, which you did exceed by day when you askedWe made an exception and in that process an error occurred on our endAs of March 22, 2018, we have issued you your refundthe $deposit, plus the $that was accidentally charged in an effort to issue that refundIn total, $was issued to you on your card as a refundWe consider this matter closed
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] , and find the proposed resolution to be satisfactory to meWe now have a scheduled date for an installer to come out on December 23rd to complete the work Harley agreed to completing I am disappointed it has taken over months to get to this point and the countless phone calls to themTheir response to my complaint is lacking completeness and accuracyI truly believe the only reason we were able to get the work scheduled is because of the complaint I filed.Sincerely, [redacted] ***
We have been in contact with Mr [redacted] since he sent his original request to us in Febof this year We had our installer James out to Mr***'s house on 2/24/ James re-flashed one window at that time Mr [redacted] asked James to look at the others, but he needed to get our ok for that He also ran out of time Mr***'s windows are not leaking James our installer has been in AK doing a large install and we did not have his expertise for several months Our summer was busier than we expected So, we did not have enough installers! Janet from our office has been talking to Mr [redacted] each week and keeping him in the loop and letting him know status She even had our MFG [redacted] out to customer to check windows integrity on July Customers were not home [redacted] went back on Nov No leaks and they said the windows looked good I am working to get James out to do as the customer requested I do not have a date yet, but will have a date before Friday 12/ We will be asking customer to work with us We have been working to make this happen for our customer!
Complaint: [redacted] I am rejecting this response because: Signed Contract - We only intended for HE to come inspect our roof and provide a quote for review We made it clear that we were in the process of obtaining other quotes and did not feel comfortable sitting down to discuss their proposal at the time When the salesperson came to survey the roof, he did not go onto the roof to inspect it up close; claimed he had an injury He assumed the roof need to be replaced and did not recommend a repair option He said he was only going to explain the roof replacement project and their construction methods, so we agreed to sit down If we knew he was going to sneak in writing up a proposal / contract, we would not have agreed to sit down Several times we indicated that we did not feel comfortable signing that evening, felt rushed and felt that the salesperson failed to respect and give us time to carefully reveal the proposal in private The other (4) roofing contractors, which we received quotes from, expressed absolutely NO PRESSURE to sit down and sign on the spot; they emailed or mailed their quotes later that day or days later The signed contract (barely 1/page of roof specifications) did not completely and clearly include important scope of work until we requested they be written in Other quotes we later received were substantially more complete in detail and less cost BOTTOM LINE, WE SIGNED BUT UNDER RUSHED, PRESSURED AND INADEQUATELY INFORMED CIRCUMSTANCES Back of Contract – HE did not disclose the disclaimer information on the back of the contract before we signed We would have definitely said no if we knew there were cancellation penalties It was not until HE threatened to impose cancellation penalties, if we did not carry out the contract, that we became aware of these monetary penalties Notice of Cancellation – Before the 3-day Notice of Cancellation deadline, we called HE, indicated that we wanted to hold off / cancel the contract and obtain other quotes for comparison HE did not mention that we needed to send in the signed Notice of Cancellation paperwork to cancel 4-Star [redacted] Contractor – Our inquires with [redacted] (web site and phone call) revealed that HE was not a 4-star contractor as they claimed HE has not been completely honest (e.gthey did not inspect roof or offer repair option, could not locate them on [redacted] web site for ), ethical (rushed, pressured and inadequately informed sales tactics) and upfront (did clearly disclose back of contract or cancellation penalties) with us Sincerely, [redacted] ***
Complaint: [redacted] I am rejecting this response because:Please see attached letter from my attorney.Sincerely, [redacted] To Whom It May Concen: I have been retained to assist Mr [redacted] and Ms [redacted] in resolving their dispute with your companyIn reviewing the contract and the correspondence in this matter I was deeply disturbed at the multiple fraudulent misrepresentations made by your company first to obtain my client’s signature on the original contract and then later in an attempt to coerce them into continuing with the contract after they had cancelled itOn July 28, 2015, you did an inspection of my client’s roof without ever actually looking at itBased on this noninspection you then informed them that the roof was on it’s last legsThey have subsequently had several roofing contractors who performed actual inspections tell them that the roof probably has a few year before it needed to be replacedYou stated to my clients that you were a credentialled star installer with [redacted] this is not trueYou promised your bid was competitive, in fact it was several thousand over the other bids gathered by my clientYou collected $for a loan application fee to be paid to [redacted] ***, but when my clients spoke to [redacted] and cancelled their loan application fee they were told that there was no loan application feeFinally, you had them sign a contract and explained several of the provisions on the front of the contract, but did not point out that the contract extended onto the back of the page and that the back page contained a cancellation clause which required them to cancel the contract within three days of signing the contract or be subject to significant liquidated damagesOn Friday, July 31, within the required cancellation period my clients called and told you that they wished to cancel the contract and that they were obtaining new bids to make sure that the deal that you were offering was in fact competitiveYou offered a new agreement which would include an additional skylight and a month no cash financing agreementYou did not indicate on that date to my clients that they were required to do anything more than they had done to cancel the July 28, agreement and you did not tell them that the July 31, proposal had to be rejected within three business daysOn Monday, August 3, my client called to reiterate to you that they were not interested in entering into a contract with you until they had an opportunity to review bids from other contractorsYou made no mention of a rescission requirement that had not been metOn Tuesday, August 4, 2015, they informed you that they had decided to go with a different contractor as they had discovered that you were not certified by [redacted] as you represented and your bid was far and away the highest of the four bids they received for the jobThey then requested the return of the $2,deposit they had given youOn Wednesday August 5, you attempted to present yet another bid on new terms which my client rejected this third proposal you then informed him that he was still bound by the July 27, agreement as he had not timely rescinded the agreementThis is the first time you mentioned the rescission period or stated that you believed the phone call on July 31, was not sufficient for rescission of the agreementOn Thursday August 6, 2015, MrChristian D***, sent an email to my clients threatening to sue them for several thousand dollars in addition to the deposit and to place a lien on the property if my clients did not proceed with the contractHe stated that he could do all this even though no materials had been delivered and no work completedMrD [redacted] did not provide proof of the certification which Harley Exteriors claimed to have and no proof of that certification has been produced to dateIn fact, my clients are entitled to a full refund of the $2,deposit and are not liable for any further damages under the contractFirst you fraudulently misrepresented your credentials to my my clients as an inducement to sign the contract and fraudulent inducement renders the contract voidSecond, your contract does not meet the requirements of RCW which is set forth below: (8) If the customer indicates that he or she intends to obtain a loan to pay for a portion of the roofing or siding contract, the homeowner shall have the right to rescind the contract within three business days of receiving truth-in-lending disclosures or three business days of receiving written notification that the loan application was denied, whichever date is later; and (9) The contract shall provide the following notice in ten-point boldface type in capital letters: "CUSTOMER'S RIGHT TO CANCEL IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN THE CONTRACT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS CONTRACT WITHIN THREE DAYS OF THE DATE WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTHINLENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIEDMy clients cancelled prior to receiving the truth in lending statements so their cancellation was timely per the statute and your contract is defective as if fails to include the required statutory languageThe law makes it clear that you have no right to retain any type of payment within the rescission periodRCW Waiting period to begin work if customer obtaining loan Effect If the customer indicates that he or she intends to obtain a loan to pay for all or part of the cost of the roofing or siding contract, the roofing or siding contractor shall not begin work until after the homeowner's rescission rights provided in RCW 19.186.020(9) have expiredIf the roofing or siding contractor commences work under the contract before the homeowner's rescission rights have expired, the roofing or siding contractor or salesperson shall be prohibited from enforcing terms of the contract, including claims for labor or materials, in a court of law and shall terminate any security interest or statutory lien created under the transaction within twenty days of receiving written rescission of the contract from the customerRCW states that any violation of the statutes cited above is a consumer protection act violation and that as such if a court action is brought the entity violating the statutes will be subject to sanctions and responsible for the payment of the consumer’s attorney feesIn addition, your inclusion of a nonrefundable application fee for a credit application payable to yourself and not the bank is a violation of the consumer loan act and can be prosecuted as a gross misdemeanorFurther, my clients called and rescinded the contract timely on July 31, If you needed something beyond a phone call from my clients to rescind the agreement then you needed to speak up at that timeBecause you did not tell my clients about the clause or any additional paperwork you required you waived your right to demand a formal rescissionIn fact, you acted as if the contract had been rescinded and twice made different offers to my clients to attempt to induce them to enter into a new contract with youFinally, the clause you are relying on to retain the $2,is a liquidated damages clauseThey are disfavored in Washington state and they will only be enforced where the court finds that there is no easy way to calculate damages and where the amount asked for seems to approach what would be reasonable for the damages incurredIt will be struck down where it represents an unearned and unwarranted windfall for the person seeking to collect itHere a statute specifically bars you from receiving any compensationMy clients want a full refund of the $2,issued to them in hand no later than August 20, If they have not received it by that time I will prepare a complaint alleging fraud, breach of contract and consumer protection act violationsUnder at least two of these claims my clients will be entitled to not only the return of the $2,deposit, but you will also be required to pay my legal fees and sanctions for your actions in this matterAs regards your claim that you have the ability to place a lien on my clients’ property, you are profoundly mistakenLiens are available for “construction” work performed and materials provided, not for liquidated damages claimsMrD [redacted] has acknowledged that materials have not been provided and labor has not been performedThe statute protecting homeowners from frivolous liens would also require that you pay my fees for work in having it removed if you were to file such a lienTo prevent a waste of your time or mine, there will be no negotiation on this demandYou will return the $2,now or you will return it later after litigation with my fees and quite probably sanctions based on your misrepresentations and misconduct in this matterSincerely,
Complaint: [redacted] I am rejecting this response because:I have read the response from Harley Exteriors Inc(HEI), and was very saddened at what I readIt is clear to me that there will never be a resolution to this dispute as over the past eight months we all, myself, our attorney, and our credit card company have all met with difficulties dealing with HEINow, submitting through you they respond with a letter that is filled with information, twisting facts to create the illusion of fairness, and written by someone I’ve never even heard of beforeThe only thing my mother needed done was to have the recently replaced ridge caps stainedShe was never looking to replace her roof until she and my sister were scared into thinking her roof was going to cave in on her at any timeShe is a God fearing woman who wants to believe what she is told, but her trust was unfortunately misplacedThere was no measuring done, the salesman wouldn’t even go on the roofAs far as commission being paid to the salesperson, I don’t knowI do however know from talking to HEI’s finance person after letting her know we had a problem, that the salesperson had been let go within a couple weeks of the signing of the agreement as “ things didn’t go very well with him ” I told her I wasn’t surprised having a home inspector and two roofers tell us “ there was nothing to justify replacing the roof.” How could they say they did all kinds of man hours when the financing hadn’t even been approved yet? They said the contract was not valid until financing was securedHEI has said they were still trying to find financing after I found out about the bogus roof evaluation and contacted themThose “in charge” at HEI never returned my calls about my concernsI finally called our attorney to see if we could legally cancel the contractThe short answer was yesI did my due diligence, I tried to resolve the problem with HEI, then I sought legal counsel to make sure everything I did was legal and above boardFrom the letter, it seems HEI wants you to believe they were acting fairly and went beyond that by releasing the lien they placed on mom’s houseThey don’t tell you that our attorney wrote them a letter demanding they immediately release the lien to avoid further legal action as the lien was improperly placed on her propertyThis was a “Frivolous Lien” which if we had taken them to court they would have had to pay attorneys’ fees and costs for both partiesWe chose the warning to give them a chance to right the wrongHEI wants you to believe that the credit card company agrees with themNot the case, the dispute is still openThe biggest problem with disputes through credit card companies are that their hands are tiedThey have specific guidelinesThey have said, “ that sounds like a legal issue and can be pursued legally, but is not something that we normally deal with ” This is not an agreement of right or wrong, it’s just their reasoning as to why they couldn't immediately help and had to escalate the disputeThey were the ones who suggested I contact the Revdex.com, that it can often accomplish what they can’tEven our lawyer has helped us with the lien and letters to HEI and the credit card company, most recently completed a review (attached) of the state law and HEI’s contract which states, “I have reviewed the law and compared the Harley Exterior’s roofing contract with the lawMy review shows that the contract is not in accordance with the law and thus is either void or voidable.“ HEI also pushes that my mom knew what she was signing, if it were based on truthful information, that would be one thing, but to mislead anyone especially an old woman when there is no justification for it is wrong in so many waysThis all said, I personally feel we are up against hardened hearts and there can be no resolution with things as they standI truly hope that having gone through Revdex.com as one avenue, that consumers will be better informedThank you for your expeditious handling of this matter.Sincerely, [redacted] ***
Hello Ms***: I have uploaded our signed response and copies of our documents! Thank you!Lisa R [redacted] Dear Ms [redacted] There was no hard sale and there was no high-pressure comments made by our salesperson We are a star roofing contractor with [redacted] The [redacted] representative, [redacted] who is the territory representative for this area called [redacted] & verified that we are in fact a Start Certified Contractor for [redacted] We never claimed to be a Star Contractor Our sales person Mike E stated that [redacted] did not show any signs or use any words that hinted towards Mike that he was giving a "hard sale" for [redacted] *** [redacted] brought up the skylight and Mike said he would include it in the project and not charge him [redacted] said he was considering waiting until next year to do the project and Mike told him that we have a program from the bank with no payments for year As soon as, [redacted] was given this information, he was very happy and excited and was ready to move forward with the project It appears to us that we answered [redacted] questions and came up with solutions to help him feel comfortable about doing his roofing project right now If [redacted] would have cancelled the contract during the rescission period, as allowed by Federal Law, not only would we have cancelled the contract without any penalties, we would have refunded his deposit as well It states on his contract the recission period expired on July 31, and on the rescission form, which is a separate document, it clearly states, [redacted] would need to cancel this order in writing and Harley Exteriors would need to receive it at our office location no later than midnight on July 31, [redacted] also signed the rescission form acknowledging he knew his rights and received two (2) copies of the document [redacted] did not send in his request to cancel this order until August 5, by email, which you will see, we have provided for your review In closing, [redacted] has made a lot of statements about our company, while Harley Exteriors has been completely honest, ethical and upfront with this project since our first meeting We feel that [redacted] is legally responsible to either let us go through with this project or pay us a total of $(less the $deposit) if he wants to get out of the contract We would love to go forward with the project for [redacted] and would do a fantastic job installing the roof for him We would hold no ill feelings toward him and we would ensure that he would get a fantastic quality roofing system installed correctly and professionally as required by the manufacturer ***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***
We are currently in progress on reaching a resolution with the customerWe have offered to pay all of the additional costs for roof tear off that were previously not includedWe would like the opportunity to do an amazing on Ms [redacted] roof, and above all else we would like make her happy
Complaint: [redacted] I am rejecting this response because: This complaint will stay continued until action is actually taken by your company to reach a satisfactory end result for our familyThe complaint will stay valid for the duration of the waiting period until something realistically gets done.Sincerely, [redacted]
Our offer stands to Mr***, we wish to put on his roof! We have a signed contract We would like to install a roof for himI am enclosing copies of his signature with his cancellation datesOn a side note, Mr [redacted] even provided information to get the approval from the bank! If Mr [redacted] would have cancelled the contract during the rescission period, as allowed by Federal Law, not only would we have cancelled the contract without any penalties, we would have refunded his deposit as wellIt states on his contract the recession period expired on July 31, and on the rescission form, which is a separate document, it clearly states, Mr [redacted] would need to cancel this order in writing and Harley Exteriors would need to receive it at our office location no later than midnight on July 31, Mr [redacted] also signed the rescission form acknowledging he knew his rights and received two (2) copies of the documentMr [redacted] did not send in his request to cancel the order until August 5, by email, which you will see, we have provided for your reviewIn closing, Mr [redacted] has made a lot of statements about our company, while Harley Exteriors has been completely honest, ethical and upfront with this project since our first meetingWe feel that Mr [redacted] is legally responsible to either let us go through with this project or pay us a total of$(less the $deposit) if he wants to get out of the contract We would love to go forward with the project for Mr [redacted] and would do a fantastic job installing the roof for himWe would hold no ill feelings toward him and we would ensure that he would get a fantastic quality roofing system installed correctly and professionally as required by the manufacturer ***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***
Complaint: [redacted] I am rejecting this response because: Please note that their document (*[redacted] .pdf) shows that “Lines 5,XOU” show the requirement for the 16” opening that is required! The bar is out 16” the opening is 13” Here is the additional contract documentation: Please note the “office” (#5) and “ [redacted] Room” (#6) windows were annotated as “bar at 16”” which was to accommodate window air conditioners which they knew Sincerely, [redacted]
Hello: Ms [redacted] sent this complaint over on 11/ She was installed on 11/and we have been talking to her We have worked to get to her issues It is an unusual situation We have gotten the manufacturer involved so we can get her venting issues worked out Janet her project manager has been in contact with her as follows: 11/ [redacted] called about her vents and sent her pictures in to us 11/Ms [redacted] called and said she was going to get on her roof and in her crawl space over the weekend She was going to count her vents 11/Janet from Harley and she talked on the phone 11/Janet emailed Ms*** Janet was taking issues to our boss, so he could help get answers 11/Talked to Ms [redacted] on the phone 11/Talked to Ms [redacted] on the phone Set up with her that our manufacturer was supposed to meet with her 11/ We are waiting for results We believe she will remove this complaint We have been working with her in good faith, by phone and email Her situation is unusual we have not run into this before But, we will work with her and get a good resolution for Ms***!
Complaint: [redacted] I am rejecting this response because: It is clear Harley Exteriors does not want to resolve this complaint. Please close this complaint as unresolved.Sincerely, [redacted] ***
Case# [redacted] How do you address emotionally charged issues? We are being made to look like bad people, taking advantage of an elderly God fearing person Where do we go with that...how do we as a business respond? Well, I am going to unfold the contract and what we agreed to do with the customer In her home, after she called us, Harley Exteriors, for an estimate on her roof After [redacted] called and requested an estimate, we asked [redacted] to produce for us a topical map of her home to help us determine the amount of squares for re-roofing We sent a representative out to talk to [redacted] and give her an estimate She decided to order the roof She gave us a deposit on a credit card and was financing the rest of the order We worked with [redacted] to get [redacted] financed They were willing to finance her, but she needed to provide proof of income We were working with [redacted] to get the updated info we needed She sent us page one of her tax return and the bank was requesting page also Copy of bank request included We called her and asked for the additional information the bank requested On December 11, [redacted] sent us a cancellation form By Federal Law we are required to give the customer a 3-day rescission period The contract is dated 11/8/ Her signature is at the bottom and also by the 11/13/rescission date The customer is choosing to cancel the contract after the rescission period We are keeping the deposit Respectfully, Lisa R ***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***
Complaint: [redacted] I am rejecting this response because: This response is inadequate Our family was notified a few days after we complained about the service rendered that they would look into the issue but we have not been contacted by their place of business since June of It has been almost months and no action has been taken Photos have been submitted as proof of the damage caused by their technician.Sincerely, [redacted]
Hello [redacted] ,We apologize for any miscommunicationWe have spoke with [redacted] , and it sounds like it broke down to an honest mistakeOur policy is no refunds issued past the cancellation dates, which you did exceed by day when you askedWe made an exception and in that process an error occurred on our endAs of March 22, 2018, we have issued you your refundthe $deposit, plus the $that was accidentally charged in an effort to issue that refundIn total, $was issued to you on your card as a refundWe consider this matter closed
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] , and find the proposed resolution to be satisfactory to meWe now have a scheduled date for an installer to come out on December 23rd to complete the work Harley agreed to completing I am disappointed it has taken over months to get to this point and the countless phone calls to themTheir response to my complaint is lacking completeness and accuracyI truly believe the only reason we were able to get the work scheduled is because of the complaint I filed.Sincerely, [redacted] ***
We have been in contact with Mr [redacted] since he sent his original request to us in Febof this year We had our installer James out to Mr***'s house on 2/24/ James re-flashed one window at that time Mr [redacted] asked James to look at the others, but he needed to get our ok for that He also ran out of time Mr***'s windows are not leaking James our installer has been in AK doing a large install and we did not have his expertise for several months Our summer was busier than we expected So, we did not have enough installers! Janet from our office has been talking to Mr [redacted] each week and keeping him in the loop and letting him know status She even had our MFG [redacted] out to customer to check windows integrity on July Customers were not home [redacted] went back on Nov No leaks and they said the windows looked good I am working to get James out to do as the customer requested I do not have a date yet, but will have a date before Friday 12/ We will be asking customer to work with us We have been working to make this happen for our customer!
Complaint: [redacted] I am rejecting this response because: Signed Contract - We only intended for HE to come inspect our roof and provide a quote for review We made it clear that we were in the process of obtaining other quotes and did not feel comfortable sitting down to discuss their proposal at the time When the salesperson came to survey the roof, he did not go onto the roof to inspect it up close; claimed he had an injury He assumed the roof need to be replaced and did not recommend a repair option He said he was only going to explain the roof replacement project and their construction methods, so we agreed to sit down If we knew he was going to sneak in writing up a proposal / contract, we would not have agreed to sit down Several times we indicated that we did not feel comfortable signing that evening, felt rushed and felt that the salesperson failed to respect and give us time to carefully reveal the proposal in private The other (4) roofing contractors, which we received quotes from, expressed absolutely NO PRESSURE to sit down and sign on the spot; they emailed or mailed their quotes later that day or days later The signed contract (barely 1/page of roof specifications) did not completely and clearly include important scope of work until we requested they be written in Other quotes we later received were substantially more complete in detail and less cost BOTTOM LINE, WE SIGNED BUT UNDER RUSHED, PRESSURED AND INADEQUATELY INFORMED CIRCUMSTANCES Back of Contract – HE did not disclose the disclaimer information on the back of the contract before we signed We would have definitely said no if we knew there were cancellation penalties It was not until HE threatened to impose cancellation penalties, if we did not carry out the contract, that we became aware of these monetary penalties Notice of Cancellation – Before the 3-day Notice of Cancellation deadline, we called HE, indicated that we wanted to hold off / cancel the contract and obtain other quotes for comparison HE did not mention that we needed to send in the signed Notice of Cancellation paperwork to cancel 4-Star [redacted] Contractor – Our inquires with [redacted] (web site and phone call) revealed that HE was not a 4-star contractor as they claimed HE has not been completely honest (e.gthey did not inspect roof or offer repair option, could not locate them on [redacted] web site for ), ethical (rushed, pressured and inadequately informed sales tactics) and upfront (did clearly disclose back of contract or cancellation penalties) with us Sincerely, [redacted] ***
Complaint: [redacted] I am rejecting this response because:Please see attached letter from my attorney.Sincerely, [redacted] To Whom It May Concen: I have been retained to assist Mr [redacted] and Ms [redacted] in resolving their dispute with your companyIn reviewing the contract and the correspondence in this matter I was deeply disturbed at the multiple fraudulent misrepresentations made by your company first to obtain my client’s signature on the original contract and then later in an attempt to coerce them into continuing with the contract after they had cancelled itOn July 28, 2015, you did an inspection of my client’s roof without ever actually looking at itBased on this noninspection you then informed them that the roof was on it’s last legsThey have subsequently had several roofing contractors who performed actual inspections tell them that the roof probably has a few year before it needed to be replacedYou stated to my clients that you were a credentialled star installer with [redacted] this is not trueYou promised your bid was competitive, in fact it was several thousand over the other bids gathered by my clientYou collected $for a loan application fee to be paid to [redacted] ***, but when my clients spoke to [redacted] and cancelled their loan application fee they were told that there was no loan application feeFinally, you had them sign a contract and explained several of the provisions on the front of the contract, but did not point out that the contract extended onto the back of the page and that the back page contained a cancellation clause which required them to cancel the contract within three days of signing the contract or be subject to significant liquidated damagesOn Friday, July 31, within the required cancellation period my clients called and told you that they wished to cancel the contract and that they were obtaining new bids to make sure that the deal that you were offering was in fact competitiveYou offered a new agreement which would include an additional skylight and a month no cash financing agreementYou did not indicate on that date to my clients that they were required to do anything more than they had done to cancel the July 28, agreement and you did not tell them that the July 31, proposal had to be rejected within three business daysOn Monday, August 3, my client called to reiterate to you that they were not interested in entering into a contract with you until they had an opportunity to review bids from other contractorsYou made no mention of a rescission requirement that had not been metOn Tuesday, August 4, 2015, they informed you that they had decided to go with a different contractor as they had discovered that you were not certified by [redacted] as you represented and your bid was far and away the highest of the four bids they received for the jobThey then requested the return of the $2,deposit they had given youOn Wednesday August 5, you attempted to present yet another bid on new terms which my client rejected this third proposal you then informed him that he was still bound by the July 27, agreement as he had not timely rescinded the agreementThis is the first time you mentioned the rescission period or stated that you believed the phone call on July 31, was not sufficient for rescission of the agreementOn Thursday August 6, 2015, MrChristian D***, sent an email to my clients threatening to sue them for several thousand dollars in addition to the deposit and to place a lien on the property if my clients did not proceed with the contractHe stated that he could do all this even though no materials had been delivered and no work completedMrD [redacted] did not provide proof of the certification which Harley Exteriors claimed to have and no proof of that certification has been produced to dateIn fact, my clients are entitled to a full refund of the $2,deposit and are not liable for any further damages under the contractFirst you fraudulently misrepresented your credentials to my my clients as an inducement to sign the contract and fraudulent inducement renders the contract voidSecond, your contract does not meet the requirements of RCW which is set forth below: (8) If the customer indicates that he or she intends to obtain a loan to pay for a portion of the roofing or siding contract, the homeowner shall have the right to rescind the contract within three business days of receiving truth-in-lending disclosures or three business days of receiving written notification that the loan application was denied, whichever date is later; and (9) The contract shall provide the following notice in ten-point boldface type in capital letters: "CUSTOMER'S RIGHT TO CANCEL IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN THE CONTRACT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS CONTRACT WITHIN THREE DAYS OF THE DATE WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTHINLENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIEDMy clients cancelled prior to receiving the truth in lending statements so their cancellation was timely per the statute and your contract is defective as if fails to include the required statutory languageThe law makes it clear that you have no right to retain any type of payment within the rescission periodRCW Waiting period to begin work if customer obtaining loan Effect If the customer indicates that he or she intends to obtain a loan to pay for all or part of the cost of the roofing or siding contract, the roofing or siding contractor shall not begin work until after the homeowner's rescission rights provided in RCW 19.186.020(9) have expiredIf the roofing or siding contractor commences work under the contract before the homeowner's rescission rights have expired, the roofing or siding contractor or salesperson shall be prohibited from enforcing terms of the contract, including claims for labor or materials, in a court of law and shall terminate any security interest or statutory lien created under the transaction within twenty days of receiving written rescission of the contract from the customerRCW states that any violation of the statutes cited above is a consumer protection act violation and that as such if a court action is brought the entity violating the statutes will be subject to sanctions and responsible for the payment of the consumer’s attorney feesIn addition, your inclusion of a nonrefundable application fee for a credit application payable to yourself and not the bank is a violation of the consumer loan act and can be prosecuted as a gross misdemeanorFurther, my clients called and rescinded the contract timely on July 31, If you needed something beyond a phone call from my clients to rescind the agreement then you needed to speak up at that timeBecause you did not tell my clients about the clause or any additional paperwork you required you waived your right to demand a formal rescissionIn fact, you acted as if the contract had been rescinded and twice made different offers to my clients to attempt to induce them to enter into a new contract with youFinally, the clause you are relying on to retain the $2,is a liquidated damages clauseThey are disfavored in Washington state and they will only be enforced where the court finds that there is no easy way to calculate damages and where the amount asked for seems to approach what would be reasonable for the damages incurredIt will be struck down where it represents an unearned and unwarranted windfall for the person seeking to collect itHere a statute specifically bars you from receiving any compensationMy clients want a full refund of the $2,issued to them in hand no later than August 20, If they have not received it by that time I will prepare a complaint alleging fraud, breach of contract and consumer protection act violationsUnder at least two of these claims my clients will be entitled to not only the return of the $2,deposit, but you will also be required to pay my legal fees and sanctions for your actions in this matterAs regards your claim that you have the ability to place a lien on my clients’ property, you are profoundly mistakenLiens are available for “construction” work performed and materials provided, not for liquidated damages claimsMrD [redacted] has acknowledged that materials have not been provided and labor has not been performedThe statute protecting homeowners from frivolous liens would also require that you pay my fees for work in having it removed if you were to file such a lienTo prevent a waste of your time or mine, there will be no negotiation on this demandYou will return the $2,now or you will return it later after litigation with my fees and quite probably sanctions based on your misrepresentations and misconduct in this matterSincerely,
Complaint: [redacted] I am rejecting this response because:I have read the response from Harley Exteriors Inc(HEI), and was very saddened at what I readIt is clear to me that there will never be a resolution to this dispute as over the past eight months we all, myself, our attorney, and our credit card company have all met with difficulties dealing with HEINow, submitting through you they respond with a letter that is filled with information, twisting facts to create the illusion of fairness, and written by someone I’ve never even heard of beforeThe only thing my mother needed done was to have the recently replaced ridge caps stainedShe was never looking to replace her roof until she and my sister were scared into thinking her roof was going to cave in on her at any timeShe is a God fearing woman who wants to believe what she is told, but her trust was unfortunately misplacedThere was no measuring done, the salesman wouldn’t even go on the roofAs far as commission being paid to the salesperson, I don’t knowI do however know from talking to HEI’s finance person after letting her know we had a problem, that the salesperson had been let go within a couple weeks of the signing of the agreement as “ things didn’t go very well with him ” I told her I wasn’t surprised having a home inspector and two roofers tell us “ there was nothing to justify replacing the roof.” How could they say they did all kinds of man hours when the financing hadn’t even been approved yet? They said the contract was not valid until financing was securedHEI has said they were still trying to find financing after I found out about the bogus roof evaluation and contacted themThose “in charge” at HEI never returned my calls about my concernsI finally called our attorney to see if we could legally cancel the contractThe short answer was yesI did my due diligence, I tried to resolve the problem with HEI, then I sought legal counsel to make sure everything I did was legal and above boardFrom the letter, it seems HEI wants you to believe they were acting fairly and went beyond that by releasing the lien they placed on mom’s houseThey don’t tell you that our attorney wrote them a letter demanding they immediately release the lien to avoid further legal action as the lien was improperly placed on her propertyThis was a “Frivolous Lien” which if we had taken them to court they would have had to pay attorneys’ fees and costs for both partiesWe chose the warning to give them a chance to right the wrongHEI wants you to believe that the credit card company agrees with themNot the case, the dispute is still openThe biggest problem with disputes through credit card companies are that their hands are tiedThey have specific guidelinesThey have said, “ that sounds like a legal issue and can be pursued legally, but is not something that we normally deal with ” This is not an agreement of right or wrong, it’s just their reasoning as to why they couldn't immediately help and had to escalate the disputeThey were the ones who suggested I contact the Revdex.com, that it can often accomplish what they can’tEven our lawyer has helped us with the lien and letters to HEI and the credit card company, most recently completed a review (attached) of the state law and HEI’s contract which states, “I have reviewed the law and compared the Harley Exterior’s roofing contract with the lawMy review shows that the contract is not in accordance with the law and thus is either void or voidable.“ HEI also pushes that my mom knew what she was signing, if it were based on truthful information, that would be one thing, but to mislead anyone especially an old woman when there is no justification for it is wrong in so many waysThis all said, I personally feel we are up against hardened hearts and there can be no resolution with things as they standI truly hope that having gone through Revdex.com as one avenue, that consumers will be better informedThank you for your expeditious handling of this matter.Sincerely, [redacted] ***
Hello Ms***: I have uploaded our signed response and copies of our documents! Thank you!Lisa R [redacted] Dear Ms [redacted] There was no hard sale and there was no high-pressure comments made by our salesperson We are a star roofing contractor with [redacted] The [redacted] representative, [redacted] who is the territory representative for this area called [redacted] & verified that we are in fact a Start Certified Contractor for [redacted] We never claimed to be a Star Contractor Our sales person Mike E stated that [redacted] did not show any signs or use any words that hinted towards Mike that he was giving a "hard sale" for [redacted] *** [redacted] brought up the skylight and Mike said he would include it in the project and not charge him [redacted] said he was considering waiting until next year to do the project and Mike told him that we have a program from the bank with no payments for year As soon as, [redacted] was given this information, he was very happy and excited and was ready to move forward with the project It appears to us that we answered [redacted] questions and came up with solutions to help him feel comfortable about doing his roofing project right now If [redacted] would have cancelled the contract during the rescission period, as allowed by Federal Law, not only would we have cancelled the contract without any penalties, we would have refunded his deposit as well It states on his contract the recission period expired on July 31, and on the rescission form, which is a separate document, it clearly states, [redacted] would need to cancel this order in writing and Harley Exteriors would need to receive it at our office location no later than midnight on July 31, [redacted] also signed the rescission form acknowledging he knew his rights and received two (2) copies of the document [redacted] did not send in his request to cancel this order until August 5, by email, which you will see, we have provided for your review In closing, [redacted] has made a lot of statements about our company, while Harley Exteriors has been completely honest, ethical and upfront with this project since our first meeting We feel that [redacted] is legally responsible to either let us go through with this project or pay us a total of $(less the $deposit) if he wants to get out of the contract We would love to go forward with the project for [redacted] and would do a fantastic job installing the roof for him We would hold no ill feelings toward him and we would ensure that he would get a fantastic quality roofing system installed correctly and professionally as required by the manufacturer ***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***
We are currently in progress on reaching a resolution with the customerWe have offered to pay all of the additional costs for roof tear off that were previously not includedWe would like the opportunity to do an amazing on Ms [redacted] roof, and above all else we would like make her happy
Complaint: [redacted] I am rejecting this response because: This complaint will stay continued until action is actually taken by your company to reach a satisfactory end result for our familyThe complaint will stay valid for the duration of the waiting period until something realistically gets done.Sincerely, [redacted]
Our offer stands to Mr***, we wish to put on his roof! We have a signed contract We would like to install a roof for himI am enclosing copies of his signature with his cancellation datesOn a side note, Mr [redacted] even provided information to get the approval from the bank! If Mr [redacted] would have cancelled the contract during the rescission period, as allowed by Federal Law, not only would we have cancelled the contract without any penalties, we would have refunded his deposit as wellIt states on his contract the recession period expired on July 31, and on the rescission form, which is a separate document, it clearly states, Mr [redacted] would need to cancel this order in writing and Harley Exteriors would need to receive it at our office location no later than midnight on July 31, Mr [redacted] also signed the rescission form acknowledging he knew his rights and received two (2) copies of the documentMr [redacted] did not send in his request to cancel the order until August 5, by email, which you will see, we have provided for your reviewIn closing, Mr [redacted] has made a lot of statements about our company, while Harley Exteriors has been completely honest, ethical and upfront with this project since our first meetingWe feel that Mr [redacted] is legally responsible to either let us go through with this project or pay us a total of$(less the $deposit) if he wants to get out of the contract We would love to go forward with the project for Mr [redacted] and would do a fantastic job installing the roof for himWe would hold no ill feelings toward him and we would ensure that he would get a fantastic quality roofing system installed correctly and professionally as required by the manufacturer ***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***
Complaint: [redacted] I am rejecting this response because: Please note that their document (*[redacted] .pdf) shows that “Lines 5,XOU” show the requirement for the 16” opening that is required! The bar is out 16” the opening is 13” Here is the additional contract documentation: Please note the “office” (#5) and “ [redacted] Room” (#6) windows were annotated as “bar at 16”” which was to accommodate window air conditioners which they knew Sincerely, [redacted]
Hello: Ms [redacted] sent this complaint over on 11/ She was installed on 11/and we have been talking to her We have worked to get to her issues It is an unusual situation We have gotten the manufacturer involved so we can get her venting issues worked out Janet her project manager has been in contact with her as follows: 11/ [redacted] called about her vents and sent her pictures in to us 11/Ms [redacted] called and said she was going to get on her roof and in her crawl space over the weekend She was going to count her vents 11/Janet from Harley and she talked on the phone 11/Janet emailed Ms*** Janet was taking issues to our boss, so he could help get answers 11/Talked to Ms [redacted] on the phone 11/Talked to Ms [redacted] on the phone Set up with her that our manufacturer was supposed to meet with her 11/ We are waiting for results We believe she will remove this complaint We have been working with her in good faith, by phone and email Her situation is unusual we have not run into this before But, we will work with her and get a good resolution for Ms***!
Complaint: [redacted] I am rejecting this response because: It is clear Harley Exteriors does not want to resolve this complaint. Please close this complaint as unresolved.Sincerely, [redacted] ***
Case# [redacted] How do you address emotionally charged issues? We are being made to look like bad people, taking advantage of an elderly God fearing person Where do we go with that...how do we as a business respond? Well, I am going to unfold the contract and what we agreed to do with the customer In her home, after she called us, Harley Exteriors, for an estimate on her roof After [redacted] called and requested an estimate, we asked [redacted] to produce for us a topical map of her home to help us determine the amount of squares for re-roofing We sent a representative out to talk to [redacted] and give her an estimate She decided to order the roof She gave us a deposit on a credit card and was financing the rest of the order We worked with [redacted] to get [redacted] financed They were willing to finance her, but she needed to provide proof of income We were working with [redacted] to get the updated info we needed She sent us page one of her tax return and the bank was requesting page also Copy of bank request included We called her and asked for the additional information the bank requested On December 11, [redacted] sent us a cancellation form By Federal Law we are required to give the customer a 3-day rescission period The contract is dated 11/8/ Her signature is at the bottom and also by the 11/13/rescission date The customer is choosing to cancel the contract after the rescission period We are keeping the deposit Respectfully, Lisa R ***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***