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Howard & Associates, P.C

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Howard & Associates, P.C Reviews (2)

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed as Assumed Answered]
Complaint: ***
I am rejecting this response because: I texted MrBrown twice and mailed a letter to him concerning a resolution.? He replied that he was still dealing with family in town and mom's affairs this weekend and he would take up matterThat was on Jan29thThis has been going on for quite some timeHere is how it all startedOn 9-28-signed contract with Dave Brown9-29-I wrote him check for $1,for materials9-30-2016, MrBrown texts mom has had massive heart attack and is in comaI reply okOn 10-18-2016, MrBrown and partner arrive to begin project.He tells me, " I bet you never expected to see me again." That was odd considering your mother had just passed awayAfter MrBrown and partner finished stripping off the old deckboards, he told me he needed some more money for materialsI wrote another check for $He told me he had ordered lumber from *** *** in *** and it would arrive in three daysThree days, five days, had gone by and no lumberI texted MrBrown, no replyTexted a few more times, no reply.I decided to call *** *** and inquire about my lumber order*** *** told me Dave Brown Construction and electric never placed any order for 20' x 2" x 6" smooth cedar deck boardsSales rep told me only *** *** *** *** in *** **can get 20' x 2" x 6" smooth cedar deck boardsI called Schutte lumber order desk and was told Dave Brown Construction and Electric never placed an order for any deck lumberIf MrBrown disagrees, I need him to furnish a lumber order receipt for my build jobMrBrown finally called on 11-10-and said that he had been in an auto accident and had just gotten out of hospitalI asked why he never called or had his wife call to tell me what was going onHe gave no explanation but did agree verbally to refund all of my moneyOn 11-12-he texted me and said he would go to the bank first thing on Monday morning the 14thand get cashiers check for $2,and mail it to meI texted on 11-19-and told him check never arrived.He texted back that he would go to Post Office first thing Monday morning the 21stHe texted me on 11-21-and said he would get check cancelled and get a new one and hand deliver it to meOn 11-23-he texted that *** *** says it cannot cancel cashiers check till days after it was issuedRegardless if I have to come up with money again, I can do so by Friday or Saturday given the holidayI say okOn 11-25-2016, he texts , I am out of town but will be back tomorrow.I text back, okOn 11-26-2016, he texts, I won't be back in town till late todayI will call you when I doFirst thing Monday will have to do for going to bankHe mow says the cashiers check has a day holdI text, okOn 11-28-2016, I text, Are you heading to *** ***.MrBrown texts back, Still on road back to townThat was the last text he sentIt would have been a whole lot easier if he wrote a personal checkMrBrown wasted time going to bank and having to pay $for cashiers checkI asked bank teller about cashiers check, and yes their is a day wait before you can cancelI asked bank teller if Mrbrown would have copy of cashiers check transactionTeller said yes and it would state who check is made out to, the dollar amount, the date, and it would have a signature of either the bank manager or assistant manager of that branch on itI asked MrBrown for a copy of cashiers check receipt, but never got oneI texted again on 1-4-On 1-6-2017, Mrbrown texted that he was working out of town and would be back late Sunday or early on Monday the 9thHe texted me again and told me that bad weather was holding flights up, That was the last time I heard from him until 1-29-and have not heard from him sinceIf Mrbrown wanted to settle, he would have done so by nowYou can't change people , places, or thingsThis was a very bad experience for me
Regards,
*** ***

Here is the bottom line in this dispute as I see itMr*** did in fact vandalize my homeI have video of him doing soI have texts and letters written by Mr*** apologizing for doing the vandalism and saying that his "meds" usually keep him in checkI felt bad for him because he seemed to be truly sorry so I agreed to refund his money and not prosecute him only with the stipulation that he never harrass my family or come to my home again and that all damages he made be taken out of the refund amount after being repaired by outside contractors and after they were billed to meMr*** agreed and thanked meI did not make all of the claims Mr*** describes as he continues to misdirect and confuse the issueIn fact we had done the tear out, my mother became ill and I have texts from Mr*** stating that "family is the important thing" and to take all the time I neededMy mother died and I recieve a call from Mr*** with him cursing and screaming at me that he had hired someone else, my services were no longer required and demanding a refund in full "or else"Mr*** by doing so breached our signed contractAll of the repairs have yet to be completed on my home for the damages he inflictedI for the sake of closure will agree to either of the following: I will refund Mr*** the full amount of the contract then persue restitution for the damages through criminal prosecution ( which exceeds the amounts required for felony vandalism ) and filing a ? lawsuit for the labor costs of the tear out done under the contractOr he can abide by our agreement and after the roofing company gets done repairing the roof I will deduct the repair amounts from the refund and get a check or money order to himI will leave the choice up to Mr*** and abide by it.? ?

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