Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear belowI have sent an email to *** *** *** with further documentation and information as advised by your office in a phone call on Friday, April
Regards,
Dear *** ***
I called the Revdex.com office today in response to your email, and they suggested I send an email directly to you concerning my complaint with Regan Landscape (#***)
In addition to filing a complaint with the Revdex.com, I also contacted the NYS Attorney General Office The file number is ***
In response to Regan Landscape's statement that the Fall Cleanup was never cancelled, I have a witness who can attest to the fact that Dave Rtold me that the reason their workers showed up (unannounced) at my house was because my address had "never been taken out of their system in error" after the fall cleanup had been cancelled
The original conversation where Mr Rhimself suggested ( and I agreed) that it would be better to completely cancel the Fall Cleanup and wait until the following spring and do the scheduled Spring Cleanup, I asked if there was anything further I needed to do, and he said there wasn't In their contract, under warranty, it states that the customer must give written or oral notice to Regan(see attachment)
As far as the "billing error" resulting in my (separate) snowplow contract being cancelled, that contract was paid in full upon signup(see attachment) I even received an email from them stating they wouldn't do any further snow removal unless the "other bill" was paid(see attachment)Please let me know if there is any other information you may need and how I should proceed Sincerely,
*** ***
Regan Landscape never canceled *** *** fall clean up as she is claimingShe was advised the originally scheduled time for the work had to be moved because of the weatherAs a result of the earlier snow this season Regan Landscape was unable to finish all of the fall clean up and the work
extended into DecemberDavid is an employee at Regan Landscape and not an ownerHe handled *** *** account and advised her the work would be completed as the weather clearedOn December 17, 2014, Regan Landscape sent a crew to perform the fall clean up, as contractedRegan Landscape did not cancel the work, and *** *** never provided written termination of the work request as required under contract. After receipt of this complaint it was discovered there was a billing error for *** *** accountShe had a separate snow plowing contract with Regan Landscape which was mistakenly canceled for lack of paymentHowever, the lack of payment did not pertain to the plowing contract, so this was done in errorRegan Landscape has reviewed its records from February 20, through the present to determine if there were ant days that plowing would have been performed for *** *** and it has been determined that there was one occasionThe contract was for a total of $and allowed for plows which breaks down to $per plowAs such, Regan Landscape has credited *** *** that amount*** *** remains responsible for the balance of $for the fall clean up. We have been contacted by *** *** legal counselPlease make me aware of displaying hers and or our responses publiclyIf I can explain anything further or in detail, please let me know. Thank you
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
I have sent an email to *** *** *** with further documentation and information as advised by your office in a phone call on Friday, April
Regards,
Dear *** ***I called the Revdex.com office today in response to your email, and they suggested I send an email directly to you concerning my complaint with Regan Landscape (#***)In addition to filing a complaint with the Revdex.com, I also contacted the NYS Attorney General Office The file number is ***In response to Regan Landscape's statement that the Fall Cleanup was never cancelled, I have a witness who can attest to the fact that Dave Rtold me that the reason their workers showed up (unannounced) at my house was because my address had "never been taken out of their system in error" after the fall cleanup had been cancelled The original conversation where Mr Rhimself suggested ( and I agreed) that it would be better to completely cancel the Fall Cleanup and wait until the following spring and do the scheduled Spring Cleanup, I asked if there was anything further I needed to do, and he said there wasn't In their contract, under warranty, it states that the customer must give written or oral notice to Regan(see attachment)As far as the "billing error" resulting in my (separate) snowplow contract being cancelled, that contract was paid in full upon signup(see attachment) I even received an email from them stating they wouldn't do any further snow removal unless the "other bill" was paid(see attachment).Please let me know if there is any other information you may need and how I should proceed. Sincerely, *** ***
Regan Landscape never canceled [redacted] fall clean up as she is claiming. She was advised the...
originally scheduled time for the work had to be moved because of the weather. As a result of the earlier snow this season Regan Landscape was unable to finish all of the fall clean up and the work extended into December. David is an employee at Regan Landscape and not an owner. He handled [redacted] account and advised her the work would be completed as the weather cleared. On December 17, 2014, Regan Landscape sent a crew to perform the fall clean up, as contracted. Regan Landscape did not cancel the work, and [redacted] never provided written termination of the work request as required under contract.
After receipt of this complaint it was discovered there was a billing error for [redacted] account. She had a separate snow plowing contract with Regan Landscape which was mistakenly canceled for lack of payment. However, the lack of payment did not pertain to the plowing contract, so this was done in error. Regan Landscape has reviewed its records from February 20, 2015 through the present to determine if there were ant days that plowing would have been performed for [redacted] and it has been determined that there was one occasion. The contract was for a total of $435 and allowed for 30 plows which breaks down to $14.50 per plow. As such, Regan Landscape has credited [redacted] that amount. [redacted] remains responsible for the balance of $181.25 for the fall clean up.
We have been contacted by [redacted] legal counsel. Please make me aware of displaying hers and or our responses publicly. If I can explain anything further or in detail, please let me know.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
By the company's own admission in their response, they were having issues with the late spring, yet they continued to accept new work without the ability to honor the contracts. When I did find out about the date we were tentatively scheduled for, it was because I called them. I was told they had to take care of the re-newed customers first and they were 5-6 weeks behind. I was never told a customer could request to be moved up. The first I heard of it was in the response. That makes no sense. Request a move up or they can just go ahead and breach a contract at the customers expense? Now we are veering into adhesion contract territory, which is a bigger problem then a breach. As far as being sent multiple contracts, I was told they "forgot" to put things in the contract after we had phone conversations, "we will just send another." So maybe they started the fertilization, which obviously I would not want to continue given that they could not honor the rest of the work in a timely fashion (my grass would still be growing for at least 3 more weeks if I waited for them to do the work and it is no longer spring after this week), so at the very least they owe me for the other contracts THEY COULD NOT HONOR. />
Regards,
[redacted]
Contracts:
Regan Landscape was contacted by the client on 3/31/14 requesting multiple services (Lawn cutting, spring clean-up plus, fall clean-up, shrub trimming, bed maintenance, etc. Customer initially denied work for lawn cutting, fall clean-up, leaf clean-up, shrub trimming, bed maintenance, etc.
Customer accepted quoted cost for a Spring clean-up Plus ($500.00), a onetime corn gluten (weed preventer) application ($50.00/application), and a 5-step milorganite (turf - builder) application ($40.00/application).
A second contract was sent on 4/9/14 for a 1 time lawn cutting/edging to be completed with the Spring Clean-up Plus at an hourly rate. Regan Landscape received this contract back on 5/1/14.
Customer also contracted for some landscape work. Regan Landscape sent the contract on 4/4/14 and customer sent contract back on 4/7/14 in the amount of $190.31
Work performed:
Regan Landscape applied 1 application of milorganite (turf-builder) and 1 application of corn gluten (weed preventer) on 4/26/14. Cost for this after tax is $97.88
Cancelled Work:
The customer cancelled all work she was contracted for on 5/12/14. Regan Landscape sent a check to the customer for $550.68 on 5/20/14.
Result of the cancellation totaled $91.75
- Quoted Spring Clean -up Plus ($500.00): Cancellation fee: $25.00
- Quoted milorganite ($40.00). We performed one application, so with 4 remaining the cancellation fee: $8.00
- Hourly Lawn Cutting: Cancellation fee: $50.00
- Quoted Landscape work ($175.00): Cancellation fee of $8.75
Review of Statement:
Down payment of $740.31 by customer
Corn gluten and milorganite application completed= $97.88 invoiced to customer
Total cancellation fees = $91.75 invoiced to customer
Remaining balance paid back to customer: $550.68
Conclusion:
It was more than a Spring Clean -up that was cancelled as you can see. In both our Lawn Care Maintenance and Landscape Contract Terms and Conditions; our contract does state that a 5% cancellation fee will be charged of any quoted work and /or a $50.00 cancellation fee of any hourly work. We do everything we possibly can to avoid this, but, with the administrative work that it takes to put into estimating any given client, to sending out a contract and processing the contract once it is received, we feel this is very fair for both parties.
The reason for signing multiple contracts is due to the fact that the customer did not list everything they wanted on the original contract and we contract every phase of work in our operation.
With the late winter and late Spring we have been doing everything we possibly can to move a customer up that requests to be moved up. A request was not done in this case. Our office assistant explains to every one of our clients on the first phone call how long it will be to get the estimate completed to the time frame of how soon or far our work is scheduled. It is very difficult to predict any type of weather patterns throughout the year, let alone days in advance. Our work is performed outside and we have to deal with what the weather hands us.
Our main goal is to make every one of our clients as happy as possible from the beginning stages of contact, to speaking with our estimator and finally the end product of our work.
Hi [redacted],
I have attached one landscape contract and two separate lawn care maintenance contracts. If you would like me to explain any part of this contract, please let me know.
To answer your questions first:
Every customer that we contract with we follow up with a phone call a week prior to their work being completed. Also if here are any missed initials or signatures within the contract or office administrator would contact them immediately upon receiving the contract to see if they forgot to sign or if they simply did not want one of the many services we offer. Our office administrator will then contact the customer to notify them that the work is scheduled for the week of 1/1/14-1/7/14 and this is weather and job pending. Meaning if it rains or another job takes a longer time for any reason that their work would be delayed a day or multiple days. Our project manager is in constant contact with all of our crews to see how the work is coming along and is always looking at the radar to make sure the work will be able to be completed within the given time frame.
I can give you any other paperwork per your request if you want detailed notes between the customer and our office.
To reply to the customers concerns:
By the company's own admission in their response, they were having issues with the late spring, yet they continued to accept new work without the ability to honor the contracts. When I did find out about the date we were tentatively scheduled for, it was because I called them. I was told they had to take care of the re-newed customers first and they were 5-6 weeks behind. (This is not what we told her. Our office administrator told her that we had to honor contracts that we have received prior to hers.) I was never told a customer could request to be moved up. The first I heard of it was in the response. That makes no sense. Request a move up or they can just go ahead and breach a contract at the customers expense? (We try to work with the demand of a customer’s time frame and if we are able to bump the customers up a day, week, etc. then we make a strong attempt in doing so) Now we are veering into adhesion contract territory, which is a bigger problem then a breach. As far as being sent multiple contracts, I was told they "forgot" to put things in the contract after we had phone conversations, "we will just send another." (This is simply untrue, she added new work and we sent another contract as you will see in the attached.) So maybe they started the fertilization, which obviously I would not want to continue given that they could not honor the rest of the work in a timely fashion (my grass would still be growing for at least 3 more weeks if I waited for them to do the work and it is no longer spring after this week) (we would have cut her lawn prior to that because we run different crews for lawn cutting), so at the very least they owe me for the other contracts THEY COULD NOT HONOR. />
I hope this helps [redacted]. Please give me a call at your convenience so I may further explain, in detail, the confusion. Thanks for your help as well!
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear belowI have sent an email to *** *** *** with further documentation and information as advised by your office in a phone call on Friday, April
Regards,
Dear *** ***
I called the Revdex.com office today in response to your email, and they suggested I send an email directly to you concerning my complaint with Regan Landscape (#***)
In addition to filing a complaint with the Revdex.com, I also contacted the NYS Attorney General Office The file number is ***
In response to Regan Landscape's statement that the Fall Cleanup was never cancelled, I have a witness who can attest to the fact that Dave Rtold me that the reason their workers showed up (unannounced) at my house was because my address had "never been taken out of their system in error" after the fall cleanup had been cancelled
The original conversation where Mr Rhimself suggested ( and I agreed) that it would be better to completely cancel the Fall Cleanup and wait until the following spring and do the scheduled Spring Cleanup, I asked if there was anything further I needed to do, and he said there wasn't In their contract, under warranty, it states that the customer must give written or oral notice to Regan(see attachment)
As far as the "billing error" resulting in my (separate) snowplow contract being cancelled, that contract was paid in full upon signup(see attachment) I even received an email from them stating they wouldn't do any further snow removal unless the "other bill" was paid(see attachment)Please let me know if there is any other information you may need and how I should proceed Sincerely,
*** ***
Regan Landscape never canceled *** *** fall clean up as she is claimingShe was advised the originally scheduled time for the work had to be moved because of the weatherAs a result of the earlier snow this season Regan Landscape was unable to finish all of the fall clean up and the work
extended into DecemberDavid is an employee at Regan Landscape and not an ownerHe handled *** *** account and advised her the work would be completed as the weather clearedOn December 17, 2014, Regan Landscape sent a crew to perform the fall clean up, as contractedRegan Landscape did not cancel the work, and *** *** never provided written termination of the work request as required under contract. After receipt of this complaint it was discovered there was a billing error for *** *** accountShe had a separate snow plowing contract with Regan Landscape which was mistakenly canceled for lack of paymentHowever, the lack of payment did not pertain to the plowing contract, so this was done in errorRegan Landscape has reviewed its records from February 20, through the present to determine if there were ant days that plowing would have been performed for *** *** and it has been determined that there was one occasionThe contract was for a total of $and allowed for plows which breaks down to $per plowAs such, Regan Landscape has credited *** *** that amount*** *** remains responsible for the balance of $for the fall clean up. We have been contacted by *** *** legal counselPlease make me aware of displaying hers and or our responses publiclyIf I can explain anything further or in detail, please let me know. Thank you
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
I have sent an email to *** *** *** with further documentation and information as advised by your office in a phone call on Friday, April
Regards,
Dear *** ***I called the Revdex.com office today in response to your email, and they suggested I send an email directly to you concerning my complaint with Regan Landscape (#***)In addition to filing a complaint with the Revdex.com, I also contacted the NYS Attorney General Office The file number is ***In response to Regan Landscape's statement that the Fall Cleanup was never cancelled, I have a witness who can attest to the fact that Dave Rtold me that the reason their workers showed up (unannounced) at my house was because my address had "never been taken out of their system in error" after the fall cleanup had been cancelled The original conversation where Mr Rhimself suggested ( and I agreed) that it would be better to completely cancel the Fall Cleanup and wait until the following spring and do the scheduled Spring Cleanup, I asked if there was anything further I needed to do, and he said there wasn't In their contract, under warranty, it states that the customer must give written or oral notice to Regan(see attachment)As far as the "billing error" resulting in my (separate) snowplow contract being cancelled, that contract was paid in full upon signup(see attachment) I even received an email from them stating they wouldn't do any further snow removal unless the "other bill" was paid(see attachment).Please let me know if there is any other information you may need and how I should proceed. Sincerely, *** ***
Regan Landscape never canceled [redacted] fall clean up as she is claiming. She was advised the...
originally scheduled time for the work had to be moved because of the weather. As a result of the earlier snow this season Regan Landscape was unable to finish all of the fall clean up and the work extended into December. David is an employee at Regan Landscape and not an owner. He handled [redacted] account and advised her the work would be completed as the weather cleared. On December 17, 2014, Regan Landscape sent a crew to perform the fall clean up, as contracted. Regan Landscape did not cancel the work, and [redacted] never provided written termination of the work request as required under contract.
After receipt of this complaint it was discovered there was a billing error for [redacted] account. She had a separate snow plowing contract with Regan Landscape which was mistakenly canceled for lack of payment. However, the lack of payment did not pertain to the plowing contract, so this was done in error. Regan Landscape has reviewed its records from February 20, 2015 through the present to determine if there were ant days that plowing would have been performed for [redacted] and it has been determined that there was one occasion. The contract was for a total of $435 and allowed for 30 plows which breaks down to $14.50 per plow. As such, Regan Landscape has credited [redacted] that amount. [redacted] remains responsible for the balance of $181.25 for the fall clean up.
We have been contacted by [redacted] legal counsel. Please make me aware of displaying hers and or our responses publicly. If I can explain anything further or in detail, please let me know.
Thank you.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
By the company's own admission in their response, they were having issues with the late spring, yet they continued to accept new work without the ability to honor the contracts. When I did find out about the date we were tentatively scheduled for, it was because I called them. I was told they had to take care of the re-newed customers first and they were 5-6 weeks behind. I was never told a customer could request to be moved up. The first I heard of it was in the response. That makes no sense. Request a move up or they can just go ahead and breach a contract at the customers expense? Now we are veering into adhesion contract territory, which is a bigger problem then a breach. As far as being sent multiple contracts, I was told they "forgot" to put things in the contract after we had phone conversations, "we will just send another." So maybe they started the fertilization, which obviously I would not want to continue given that they could not honor the rest of the work in a timely fashion (my grass would still be growing for at least 3 more weeks if I waited for them to do the work and it is no longer spring after this week), so at the very least they owe me for the other contracts THEY COULD NOT HONOR. />
Regards,
[redacted]
Contracts:
Regan Landscape was contacted by the client on 3/31/14 requesting multiple services (Lawn cutting, spring clean-up plus, fall clean-up, shrub trimming, bed maintenance, etc. Customer initially denied work for lawn cutting, fall clean-up, leaf clean-up, shrub trimming, bed maintenance, etc.
Customer accepted quoted cost for a Spring clean-up Plus ($500.00), a onetime corn gluten (weed preventer) application ($50.00/application), and a 5-step milorganite (turf - builder) application ($40.00/application).
A second contract was sent on 4/9/14 for a 1 time lawn cutting/edging to be completed with the Spring Clean-up Plus at an hourly rate. Regan Landscape received this contract back on 5/1/14.
Customer also contracted for some landscape work. Regan Landscape sent the contract on 4/4/14 and customer sent contract back on 4/7/14 in the amount of $190.31
Work performed:
Regan Landscape applied 1 application of milorganite (turf-builder) and 1 application of corn gluten (weed preventer) on 4/26/14. Cost for this after tax is $97.88
Cancelled Work:
The customer cancelled all work she was contracted for on 5/12/14. Regan Landscape sent a check to the customer for $550.68 on 5/20/14.
Result of the cancellation totaled $91.75
- Quoted Spring Clean -up Plus ($500.00): Cancellation fee: $25.00
- Quoted milorganite ($40.00). We performed one application, so with 4 remaining the cancellation fee: $8.00
- Hourly Lawn Cutting: Cancellation fee: $50.00
- Quoted Landscape work ($175.00): Cancellation fee of $8.75
Review of Statement:
Down payment of $740.31 by customer
Corn gluten and milorganite application completed= $97.88 invoiced to customer
Total cancellation fees = $91.75 invoiced to customer
Remaining balance paid back to customer: $550.68
Conclusion:
It was more than a Spring Clean -up that was cancelled as you can see. In both our Lawn Care Maintenance and Landscape Contract Terms and Conditions; our contract does state that a 5% cancellation fee will be charged of any quoted work and /or a $50.00 cancellation fee of any hourly work. We do everything we possibly can to avoid this, but, with the administrative work that it takes to put into estimating any given client, to sending out a contract and processing the contract once it is received, we feel this is very fair for both parties.
The reason for signing multiple contracts is due to the fact that the customer did not list everything they wanted on the original contract and we contract every phase of work in our operation.
With the late winter and late Spring we have been doing everything we possibly can to move a customer up that requests to be moved up. A request was not done in this case. Our office assistant explains to every one of our clients on the first phone call how long it will be to get the estimate completed to the time frame of how soon or far our work is scheduled. It is very difficult to predict any type of weather patterns throughout the year, let alone days in advance. Our work is performed outside and we have to deal with what the weather hands us.
Our main goal is to make every one of our clients as happy as possible from the beginning stages of contact, to speaking with our estimator and finally the end product of our work.
Hi [redacted],
I have attached one landscape contract and two separate lawn care maintenance contracts. If you would like me to explain any part of this contract, please let me know.
To answer your questions first:
Every customer that we contract with we follow up with a phone call a week prior to their work being completed. Also if here are any missed initials or signatures within the contract or office administrator would contact them immediately upon receiving the contract to see if they forgot to sign or if they simply did not want one of the many services we offer. Our office administrator will then contact the customer to notify them that the work is scheduled for the week of 1/1/14-1/7/14 and this is weather and job pending. Meaning if it rains or another job takes a longer time for any reason that their work would be delayed a day or multiple days. Our project manager is in constant contact with all of our crews to see how the work is coming along and is always looking at the radar to make sure the work will be able to be completed within the given time frame.
I can give you any other paperwork per your request if you want detailed notes between the customer and our office.
To reply to the customers concerns:
By the company's own admission in their response, they were having issues with the late spring, yet they continued to accept new work without the ability to honor the contracts. When I did find out about the date we were tentatively scheduled for, it was because I called them. I was told they had to take care of the re-newed customers first and they were 5-6 weeks behind. (This is not what we told her. Our office administrator told her that we had to honor contracts that we have received prior to hers.) I was never told a customer could request to be moved up. The first I heard of it was in the response. That makes no sense. Request a move up or they can just go ahead and breach a contract at the customers expense? (We try to work with the demand of a customer’s time frame and if we are able to bump the customers up a day, week, etc. then we make a strong attempt in doing so) Now we are veering into adhesion contract territory, which is a bigger problem then a breach. As far as being sent multiple contracts, I was told they "forgot" to put things in the contract after we had phone conversations, "we will just send another." (This is simply untrue, she added new work and we sent another contract as you will see in the attached.) So maybe they started the fertilization, which obviously I would not want to continue given that they could not honor the rest of the work in a timely fashion (my grass would still be growing for at least 3 more weeks if I waited for them to do the work and it is no longer spring after this week) (we would have cut her lawn prior to that because we run different crews for lawn cutting), so at the very least they owe me for the other contracts THEY COULD NOT HONOR. />
I hope this helps [redacted]. Please give me a call at your convenience so I may further explain, in detail, the confusion. Thanks for your help as well!
Regards,
[redacted]
BUSINESS MANAGER