Spofford's Excavation & Construction Company

Initial Business Response /* (1000, 9, 2015/07/17) */
Contact Name and Title: [redacted] Manager
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@mcmhome.com
We have only 1 contract with customer that is for 5 pvc windows, and 1 sealed unit. This contract was signed March 25, 2015. A...

deposit was taken ($3100.00), because windows were ordered for this home that are non-returnable. The contract clearly states customer has 10 days to cancel. After the 10 days we ordered the product. We have the product and now customer wants to cancel. We told customer that we will cancel the install, BUT the product is there's and we will deliver to customer. Have left several messages with no response. Customer can call ME, number is on contract and discuss, but these windows are made for this house.
As for the insurance claim, we were contracted by the Insurance company to go out and do an assessment and price of Storm Damage. This quote we give to the Insurance Companies and are asked NOT to give to the home-owner. The adjuster takes our quote and maybe another quote and there own assessment and decides what is covered and will be paid for. This is why our representative was talking in Not precise dollar figures because we had not been given approval with pricing from insurance company.
Initial Consumer Rebuttal /* (3000, 11, 2015/07/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
In response to the statement made to the Revdex.com on July 17 by the manager of MCM Contract Installations, it is true that at the time of my complaint to the Revdex.com there was only one contract between MCM and me. However, originally MCM's Local Agent and I had planned for MCM to replace the roof, siding and six of the windows of our home. The roof and siding repairs were due to hail damage for which [redacted] Insurance would pay.
It may well be, as MCM's Local Agent claims, that custom dictates that repair quotes to insurance are not shared with the homeowner. However MCM's Local Agent offered to have the insurance pay for certain parts of the job, but then channel those funds equivalently into a different renovation not covered by insurance. I NEEDED the quote information so as to judge the fairness of pricing in what he suggested. Because MCM's Local Agent was proposing renovations to areas NOT covered by insurance and paying for those renovations with funds from insurance I NEEDED him to talk in precise dollar figures. During the breaking down of my relationship with MCM's Local Agent, the adjustor at [redacted] Insurance emailed MCM's quote to us when requested, anyway.
Over the course of events I lost my trust in MCM's Local Agent to work with honesty and integrity. My adult son assisted me by intervening on June 1, 2015. As a result of looking at homes where samples of MCM's work were displayed I further lost trust that MCM's Local Agent had the skill and desire to complete satisfactory repairs and installations to our home in a timely manner. Thus I instructed Wawanesa Insurance to NOT issue a work order for the siding and roof repairs.
I have no knowledge of MCM Contract Installations offering to deliver the windows to me as claimed by the manager of MCM, until I read it in his Revdex.com response. The last communication between us was my letter to MCM of June 6, 2015 in which I requested a refund of my $3100 deposit. Due to receiving no response, I filed my complaint with the Revdex.com on June 26, 2015.
In the July 17 Revdex.com response from MCM Contract Installations, the manager states that MCM tried to contact me several times and I didn't respond. I have checked all files, including Junk, in my email account. No email from MCM. I have an answering machine at my house. No phone messages were left. During the approximate month's time since my letter to MCM Contract Installations, I received no letter from them.
Due to the breakdown in trust and the cancellation of the rest of the project, the one issue remaining between MCM and me is refund of the deposit I paid MCM for windows that I no longer want from them. The statement given by the manager of MCM seems to imply that I capriciously decided to cancel the contract for windows from MCM. That is not the case. I don't want the windows, even at cost, BECAUSE I have LOST TRUST with MCM Contract Installations.
On Friday July 24, 2015 I received the Revdex.com response from the manager at MCM.
On Monday July 27 I did some research with Service Alberta and was informed that I have the extended right to cancel the contract for the windows, simply due to MCM not being registered with Service Alberta. That same day I sent a registered letter to MCM canceling the contract on that basis. Within 24 minutes of receiving my letter on July 28 (time stamps on registered letter delivery and email) I received an email from the manager at MCM Contract Installations stating MCM is registered with Service Alberta, and that the total cost MCM has paid out for the windows is $2736.58.
On July 29 I did further research with Service Alberta and confirmed that the contract for the windows is not compliant with Section 35 of the Fair Trading Act, thus granting me the right to an extended cancellation period.
In an advanced email to the manager at MCM on July 29, followed up with a confirming registered letter of the same document to be delivered July 30, I stated that the contract is not compliant with Section 35 of the code. That is, the sales contract does not include all of the required information.
The missing information that is required under Section 35 of the Fair Trading Act is:
1) Sub-section E. "A detailed description of the goods or services."
2) Sub-section G. "Itemized price of the goods or services."
3) Sub-sections J and K. "The date when all services will be completed/and or goods provided, and
"Under Section 28, Sub-section 2B, I am exercising my right to extended cancellation of this contract, due to M.C.M. Contract Installations Ltd. being in breach of the code in Section 35."
I also repeated my request for a full refund within 15 days, as required by law.
On July 30, I received an email from the manager at MCM. In part, it reads,
"I am heading away out of province for an extended long weekend. This is coming from my home computer, from my wife's e-mail.
I can receive email on my phone but cannot send, a problem with my server supplier. . . . I am willing to try and find a compromise with you, but will not pay for the windows on my own.
If you want to try and find a solution, maybe a split on them?
Other than that I will talk to my lawyer when I get back next thursday (sic) and contact you then."
Next Thursday is August 6, 2015. Resolution has not been reached. The saga continues.
In an email on July 28, MCM Contract Installations informed me that their total cost paid out for the windows is $2736.58. In an email on July 30 MCM Contract Installations proposed we split the cost of the windows. My math for this looks like $3100 (my deposit) take away $2736.58 equals $363.42 refund to me. Then $2736.58 divided by two equals $1368.29. Therefore this proposal would have MCM refunding me $363.42 of my deposit plus $1368.29 which equals $1736.41 refund to me. MCM then proposes that they keep $1736.41 of my deposit and the windows which they can sell.
Due to the circumstances outlined above, and the aggravation and stress this has put me through, I propose that MCM refund to me my deposit of $3100. They may keep the windows and sell them if they so choose. Should they choose another course of action than what I propose, I am prepared to make a complaint to Service Alberta and ask them to refund my deposit from the security they have on hold on behalf of MCM Contract Installations.
Final Business Response /* (4000, 19, 2015/09/10) */
Once again she fails to realize that she ordered product that is non returnable.
Why does she believe that MCM should pay for products SHE ordered. Does she do this all the time? Has she contacted the manufacture and tell them to take back the product SHE ordered? Why should everyone else pay for her mistakes. Now she is looking for technical errors to avoid paying for what SHE ordered. Funny that it is mostly the guilty that try to get off on technical errors, not taking responsibility for there mistakes.
Against my better judgement I have refunded her deposit.
Final Consumer Response /* (4200, 21, 2015/09/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I understand that the windows ordered by MCM Contract Installations may not be returnable to the manufacturer. However, this is the first time that I have ever ordered windows for my home. In fact, very few members of the public have experience with home renovations. So, no I don't do this "all the time". Given that MCM's local representative presumably orders windows "all the time" I believe he has a greater responsibility to write a proper contract and place a proper order for windows than I do.
In response to the suggestion that "everyone else should pay for my mistakes", seriously I believe the stress I have undergone during the ordeal of dealing with MCM Contract Installations is payment enough. My real mistake was in choosing to deal with MCM in the first place. I have paid for this in upset, anxiety, lost sleep, time and the financial costs of sending registered letters.
The reason I have not accepted the windows that MCM ordered for my home is because, through my dealings with MCM's local representative over the entire roof/siding/windows project, trust and communication broke down. I don't want windows provided or installed by someone for whom I have developed mistrust.
In accordance with the Fair Trading Act of Alberta, I have received from MCM Contract Installations a full refund of my deposit for the windows. What was not in accordance with the Fair Trading Act was the significant time in excess of 15 days that MCM took to refund my deposit. Assuming the cheque is honored at the bank, I consider this matter closed.