Initial Business Response /* (1000, 7, 2015/05/19) */
[redacted] & [redacted],
On March 21, 2015 you signed a legal & binding contract with Holiday Pools & Spa. On your contract, please refer to section 7 Default (it states);
'Where security is given to Holiday for payment due under this...
contract, it is agreed that such security is collateral security only, and that Holiday has the option to reconvey or disregard such security in event of default in payment and to pursue any other legal remedy. In the event of default by Buyer of any provision of this Contract, Buyer agrees to pay all collection cost, interest from date of default and responsible attorneys fees. In the event of default of any installment payments, Holiday at its option may declare the entire balance of the Contract immediately due and payable" Upon signing Contract with [redacted], you applied $600.00 towards Contract to start with Permit processing even though loan had not been secured because you wanted to start process. It states, you signed an agreement to pay "$600.00 to start permits No Refunds", where you signed next to the agreement. The following was applied to the $600.00;
1) Services provided after your initial consultation for start of a new pool.
2) Pool Design
3) Permit processing
4) Office Fee
5) Office Material
6) Engineer plans that were submitted & cannot be reused.
In addition, our permit would have been approx. $729.00 (per City of Reedley). I hope this is informative & answers all your questions.
Thank you,
[redacted] with Holiday Pools and Spa Const. Inc.
Initial Consumer Rebuttal /* (3000, 9, 2015/05/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The business did not mention the contract also said "contingent that the loan goes through". And it didn't , all the services they claiming were done prior to receiving check and those would have been at no cost had we not have money for pool permits. They should be ashamed of themselfs trying to take advantage of honest customers. We were not expecting a refund because we assumed the money went to pool permits but not one cent did. That is misuse of funds and contract clearly states that !
Initial Business Response /* (1000, 7, 2015/05/19) */
[redacted] & [redacted],
On March 21, 2015 you signed a legal & binding contract with Holiday Pools & Spa. On your contract, please refer to section 7 Default (it states);
'Where security is given to Holiday for payment due under this...
contract, it is agreed that such security is collateral security only, and that Holiday has the option to reconvey or disregard such security in event of default in payment and to pursue any other legal remedy. In the event of default by Buyer of any provision of this Contract, Buyer agrees to pay all collection cost, interest from date of default and responsible attorneys fees. In the event of default of any installment payments, Holiday at its option may declare the entire balance of the Contract immediately due and payable" Upon signing Contract with [redacted], you applied $600.00 towards Contract to start with Permit processing even though loan had not been secured because you wanted to start process. It states, you signed an agreement to pay "$600.00 to start permits No Refunds", where you signed next to the agreement. The following was applied to the $600.00;
1) Services provided after your initial consultation for start of a new pool.
2) Pool Design
3) Permit processing
4) Office Fee
5) Office Material
6) Engineer plans that were submitted & cannot be reused.
In addition, our permit would have been approx. $729.00 (per City of Reedley). I hope this is informative & answers all your questions.
Thank you,
[redacted] with Holiday Pools and Spa Const. Inc.
Initial Consumer Rebuttal /* (3000, 9, 2015/05/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The business did not mention the contract also said "contingent that the loan goes through". And it didn't , all the services they claiming were done prior to receiving check and those would have been at no cost had we not have money for pool permits. They should be ashamed of themselfs trying to take advantage of honest customers. We were not expecting a refund because we assumed the money went to pool permits but not one cent did. That is misuse of funds and contract clearly states that !