The Moving Company, Inc.

Nothing has been filed in court and I have received no formal communication

Complaint: [redacted]
I am rejecting this response because that " no refund policy" may be légal according to the Hawain law but it remains unfair and a bad commercial policy.
Sincerely,
[redacted]

[redacted] 
[redacted]
[redacted]
[redacted]Dear sir,Reagarding my claim number [redacted], your response was  that you cannot go any further with my claim because I didin't answer your mail to advise you that the claim has not been settled.First of all, I was out of the country ant it was difficult to access any wifi area. Secondly, the conflict with (Moving Company) is still pending and nothing has been solved. Actually I have never got any response from Mrs [redacted].So, I am now available to process and I would appreciate you to take the matter to an other step.I would like you to keep me posted about any new development related to this claim.Please feel free to contact me any time you wish so if I can be usefulBest regards[redacted]

I have looked over the customers' files. The liability release form and the studio policy form were from 2012 and printed on opposite sides of the same paper. It appears that the purchaser did not sign the side of the release form pertaining to studio policy. however, Hawaii State Law only requires that the refund policy of a business be posted on a conspicuous sign to notify the purchaser of any limitations. There is a sign in the studio that has been posted at average head height next to the entrance door and next to the front desk and cash register. This sign has been posted on the wall in the studio since 2012. In 2014, I raised my rates and changed the posting to the one in the attached pictures. All of my clients were directed this posting to review the change in package prices.I am well within the constraints of Hawaii law.

To Whom it May Concern:  This letter is in response to a complaint filed with the Revdex.com by [redacted] on 11/14/16.Mr [redacted] and his wife have been clients at The Moving Company for over four years. They have also been personal friends of mine with our association including dinners at...

each others homes, time on the beach together and exchanges of small gifts of friendship. Mr [redacted] and his wife have also been care takers of my two dogs including dog sitting for two separate trips when I was off island.  I was surprised when Mr. [redacted] cancelled the remaining sessions during his last visit to Maui without explanation. We have had a long and positive personal and professional relationship. The only event that I could imagine causing this occurred a week before his cancellation. Apparently during his last session Mr [redacted] parked in a parking stall marked and reserved for another business. The other business owner parked behind him to block his car so that he would have to talk to her personally to leave the parking lot. As far as I know the exchange was pleasant and polite but possibly mildly embarrassing for Mr [redacted]. During our next session together Mr. [redacted] told me of the event and said that she should not do that to people and that he had consulted his lawyer and could sue her. I responded by saying that the lot was on private property and not a municipal parking lot and that I did not think sueing  her was possible, and that I thought it would be inappropriate. Mr [redacted] became agitated and insisted that he could sue her and began to threaten to make up poor reviews of the woman’s vacation rental business online. I said that his reaction seemed extreme and that he should not have parked in a space reserved for another business. I reminded him that there is a space reserved for my clients as well as several unmarked spaces for parking. After his session, Mr [redacted] left obviously upset. A few days later I received a text message and an email canceling all future scheduled sessions. I replied with concern asking for a reason and received no response. On 9/14 I received the following email:Hello [redacted], [redacted] and I have attended [redacted] sessions with you over the last years [redacted]ever, we appreciated the introduction on [redacted] you did to us. But we have to quit your class. As far as I remember we attended 6 or 7 sessions from the last 1,500.00 $downpayement we did a few weeks ago (by cheque on 1rst Sept).  We would like to get back the balance by cheque. Let me know [redacted] much we can expect to be refunded and send it by mail at following address : [redacted]
[redacted] 
[redacted] On 9/16 I responed: Aloha [redacted]-I regret that our long association is to end, as you choose to not continue with your [redacted] classes at the Moving Company.  As displayed at my place of business and written on the policy and release forms that you and Natalie signed, I have a "no refund" policy for packages and classes. Contingent on this policy, I offer a significant discount in cost. Four of the twenty sessions purchased have been used, leaving a balance of sixteen sessions. Although the package expires in ninety days, as a personal consideration, I will extend the expiration date of the sessions for another six months (expiring the end of March 2017) to allow ample time to use your remaining sessions. I have enjoyed working with you both and continue to wish you and Natalie well. Sincere regards,[redacted]  I did not hear from him again until this email from a lawyer in Canada: Madam,> As of September  19th 2016 I mailed to you a final notice regarding the litigation referenced here above.Since you did not take the chance to answer positively to my final notice in order to find a reasonable settlement,my clients demands that you forward to me asap any documents or convention you had signed by Mrs.[redacted].> Actually Mrs [redacted] is not sure what kind of document you asked her to sign and she remembers to have signed it rushy and without knowing what she was asked to sign and what kind of commitment it was all about.> As for M.[redacted] ,he is sure he never signed anything with you or your company.> I need those alleged documents to advise properly my clients in the coming proceedings and this litigation follows up .> On the other hand,since you do not seem inclined to find a settlement about this disagreement ,be advised my clients want to lay a claim with the  B.B.B about your bad commercial behavior with the consequences that comes with it.I remind you the arrogance you s[redacted]ed by not responding to my final notice has prompted my clients 's will to introduce an action with the Hawaiian S.C.D.>> Govern yourself accordingly.>> Me [redacted]> Attorney at law> [redacted]
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[redacted]Canada I did not receive the letter referred to in this email. There is no [redacted] mail delivery in Paia Town. I chose not to respond on the advice of my lawyer.  I regret the loss of Mr [redacted] and his wife as both friends and clients. I know that I was never rude or unprofessional with either one of them.  As for the condition of my studio, it is neat and clean. I vacuum it twice a day. I steam mop the floor and the equipment twice a week. The machines are cleaned after each client. All of my other clients are willing to vouch for my professionalism and the sanitary conditions of the studio.

Subject: Re: You have a New Message from Revdex.com of Hawaii Regarding Complaint #[redacted]To whom it may concern,I read Mrs Cassie C[redacted]'s response to my complain [redacted].She mentions our difference is related to a parking problem, I got with her neighbor.That's nonsense and has nothing to do with the origin of our commercial conflit.To repeat myself my complain is based on the following points:1- Mrs Cassie C[redacted] premises are not clean. She's owner of 2 dogs always presence in her studio and often taking care of 1 -2 more dogs....    in a limited space is basically neither hygienic not approriated for customers. As she said in her response. I like dogs to some extend and    and actuelly I kept one of her dogs for a few days close to me while I am training myself.2- On the top of that one of her dogs licked and  slobbered on my wife while  she was training herself.3- Mrs C[redacted] got rude with my wife because she did not remember the training routines teached during a former session.4- Mrs C[redacted] made unpleasant remarks regarding my wife knowledge of the English language. Our mother tongue is French as millions of     others Canadian people, so she could at least s[redacted] some empathy.Morover my wife poor knowledge of English explains that she signad a document regarding possibly Moving Compagny policy without knowing exactly its implications. I know legally it is not an excuse but commercially it is unfair to sign under duress or intimidation. Related with the same I asked and later demanded severel times to Mrs C[redacted] a copy of the document signed by my wife to know precisely the consequences. Mrs C[redacted] never responded .  So, I am unable to estimate the situation. As for me I never signed anything and I never give my consent to any Moving company reimbursement policy.As Matter of fact we want to be REIMBURSE FOR THE 16 SESSIONS. We did not attend because of Mrs C[redacted] bad commercial behavior.THE AMOUNT CLAIMED IS  1500.00$[redacted]