I would initially like to state in my defense that I am a solid five-star rated contractor and consider myself to be more than a painter, but a craftsman with a desire to serve, and there are numerous recent customers who have fortified my claim by posting positive reciews about the value-added...
service they received.This can easily be verified by Home Advisor, Inc. of Denver, Colorado, whom I have been a client of for over 6 years. Additionally, all my reviews may be seen online at: www.homeadvisor.com/biz/timplexllcHome Advisor sold me the lead for the [redacted]'s exterior paint job on 4-21-2015I immediately contacted him and arranged for a meeting. I offered an estimate for paint and repairs and then sent a reminder email on 5-24 after I received no response from him.He sent a down payment after further additions that he expected and attached those as an addendum, along with 2 possible start dates.I waited until 6-29-2015 to receive the down payment on this project and I might add that my calendar had become quite loaded in that interim. Yet I saved some slots and when [redacted] offered 2 possible start dates, I opted for the first one. Then my truck overheated out of town and was rendered undrivable, so I informed [redacted] that I would regrettably start on the second start date proposed by him. That day, I arrived and picked up his three color samples and dropped off my pressure washer saying I would return the next day to work.The next day, I returned with a helper and pressure-washed his 2-storey front entrance and rain gutters that wrapped around the front and side of his garage. I also had an employee on another job with taller ladders, and a truck to transport them, but [redacted] kindly allowed me to use the one in his garage at that time. The next morning I had a phone discussion with my previous client about some loose ends that needed to be addressed due to a party that had been planned at that home. I talked to Mr. [redacted] by phone to ask for an extension and he ended that conversation by hanging up on me.When I got home that evening, I found that PayPal had removed [redacted]'s downpayment of $1,000 from my account. As I had discussed with [redacted] earlier that same day, I was unwilling to return his full downpayment due to work that had been performed by my employee and I, as well as the purchase of materials. So, I then responded to PayPal that I would put a claim against the removal of the funds from my account. PayPal, after 4 days (on 8-15-2015) had decided in my favor, releasing the funds. Then, this reversal was cancelled due to [redacted] contacting his credit card company to demand a refund from them and, PayPal removed the funds again.At the end of August 2015, the funds were removed from my account after I paid fees to PayPal in the amounts of $29.30 for the initial deposit and then an additional handling fee of $20. [redacted]'s actions has left me now with $1,049.30 less in my account after the chargeback settlement of $1,000. I have included record of this as an attachment to this email.As the email below shows, Mr. [redacted] was inquiring why I did not return to begin work again after the few days of extension I had asked for, but I told him I could not because he had demanded return of his deposit (which unreasonably nullifies the contract). I considered myself to be out of over $500 at this point due to the price I paid for the lead, the value of his 'free' estimate, Time and Material expenses, travel, employee, and fees paid to PayPal. Mr. [redacted] needs to understand that a down payment does not create an autonomous contract. There are two parties within every agreement, and by him giving me the down payment, that I must be reasonably expected to use the funds towards the completion of his request. Mr. [redacted] in effect had nullified the contract yet he still expressed wonder as I did not return to continue. Afterwards, in January of 2016, I received notice from PayPal, that an amount of $1,000 was deposited into my account by PayPal without any further explanation. Then I received a notice from Home Advisor saying that I had a negative review placed on my profile by Mr. [redacted].I checked into it and had the review removed due to inflated and fabricated remarks being made by Mr. [redacted].Shortly after, I received the notice from Revdex.com which I am responding to now. Mr. [redacted]'s claims are exaggerated, and he is purposefully trying to give me a bad name for that which I am not guilty of.He had his money extracted from my account for no good reason other than he felt I was non-committed and unprofessional. He had not contacted me by phone since the day he hung up on me. We have exchanged several emails, to which I had immediately and positively responded, yet he remained unchanged in his demands which were beyond the limits of acceptability and I am remain unchanged as to my answer to him according to established business practices.I further state that I had never made any false or misleading representation and it would have been appropriate and suitable to all, if [redacted] were to have let the extreme heat wave subside (as suggested by me), until I could have continued proper and quality work to the exterior of his home.My next impulse is to express great regret that I was unable to fulfill Mr. [redacted]'s request to paint the exterior of his beautiful home. This, in my opinion, is entirely due to Mr. [redacted]s reluctance to exercize tolerance as both of us had involuntarily endured delays due to circumstances outside of our control.As shown in the email dialogue below, I had started the job on our agreed date, but was having trouble bringing efforts up to speed and giving him my full attention for a few days and I appealed to [redacted]'s sense of better judgment as I expressed to him that the delay was actually working in his favor because we were enduring a heat wave at the time where temps were above 90 and 100 degrees F. I asked for another week because my calendar had backed up due to extreme weather, and vehicle breakdowns.This information is true and correct in its entirety, to the best of my recollection and according to records that I produced. There are additional email exchanges but I believe I have covered the substance of my intentions. If there are any questions, I would be happy to bring up further emails which are in my account at Hotmail.Thank you for your time and attention in this matter.With very best regards,[redacted]Timplex, LLCBelow, please find section of email between Mike [redacted]s and Tim Laur From: [redacted]To: [redacted]Subject: Repair/Painting My HouseDate: Sat, 22 Aug 2015 11:21:03 -0500[redacted]You said, per our last conversation on the phone, you would be able to resume work the end of the week of August 17. Well, it has arrived and you haven't made any contact with us. You have a lot of work to do to earn the $1000.00 I have paid you so far. It would be very decent and professional of you to honor our contract. When are you coming back?Mike [redacted]-----------------------------------------reply,-----------------------...⇄ this point all I can do is ask you to extend a little bit of latitude concerning the circumstances.The phone conversation that I said the Aug 17 date was ended by you hanging up, and then putting a hold on my PayPal account. I considered this action akin to being fired from the job and now you are wondering why I was not there to honor that date?(Of Course I would not appear for work until the funds were released)You instructed me in an email that no work was to be done on Sunday at your residence, yet you have contacted me on Sunday and Saturday via email wanting immediate responses and you are continuing to opine that I am acting unprofessionally. You knew when you hired me that I was a sole-proprietorship and did not send out crews to do work.You complained that my work caused some of your home to be exposed to the elements, and I will respond that the exposed part is weather-proof plastic that has been exposed many times during home construction without adverse effect. I see this as you over-reaching to find complaints to build a case against me, where otherwise you have no case.I will say that your action created a hole in my calendar and an earlier bid that I had proposed came in during the interim. I could do nothing except accept her downpayment.I can only say at this point that it will be two weeks before I can start your paint job again, although I will squeeze in some work on the siding as I am able.Tim
I would initially like to state in my defense that I am a solid five-star rated contractor and consider myself to be more than a painter, but a craftsman with a desire to serve, and there are numerous recent customers who have fortified my claim by posting positive reciews about the value-added...
service they received.This can easily be verified by Home Advisor, Inc. of Denver, Colorado, whom I have been a client of for over 6 years. Additionally, all my reviews may be seen online at: www.homeadvisor.com/biz/timplexllcHome Advisor sold me the lead for the [redacted]'s exterior paint job on 4-21-2015I immediately contacted him and arranged for a meeting. I offered an estimate for paint and repairs and then sent a reminder email on 5-24 after I received no response from him.He sent a down payment after further additions that he expected and attached those as an addendum, along with 2 possible start dates.I waited until 6-29-2015 to receive the down payment on this project and I might add that my calendar had become quite loaded in that interim. Yet I saved some slots and when [redacted] offered 2 possible start dates, I opted for the first one. Then my truck overheated out of town and was rendered undrivable, so I informed [redacted] that I would regrettably start on the second start date proposed by him. That day, I arrived and picked up his three color samples and dropped off my pressure washer saying I would return the next day to work.The next day, I returned with a helper and pressure-washed his 2-storey front entrance and rain gutters that wrapped around the front and side of his garage. I also had an employee on another job with taller ladders, and a truck to transport them, but [redacted] kindly allowed me to use the one in his garage at that time. The next morning I had a phone discussion with my previous client about some loose ends that needed to be addressed due to a party that had been planned at that home. I talked to Mr. [redacted] by phone to ask for an extension and he ended that conversation by hanging up on me.When I got home that evening, I found that PayPal had removed [redacted]'s downpayment of $1,000 from my account. As I had discussed with [redacted] earlier that same day, I was unwilling to return his full downpayment due to work that had been performed by my employee and I, as well as the purchase of materials. So, I then responded to PayPal that I would put a claim against the removal of the funds from my account. PayPal, after 4 days (on 8-15-2015) had decided in my favor, releasing the funds. Then, this reversal was cancelled due to [redacted] contacting his credit card company to demand a refund from them and, PayPal removed the funds again.At the end of August 2015, the funds were removed from my account after I paid fees to PayPal in the amounts of $29.30 for the initial deposit and then an additional handling fee of $20. [redacted]'s actions has left me now with $1,049.30 less in my account after the chargeback settlement of $1,000. I have included record of this as an attachment to this email.As the email below shows, Mr. [redacted] was inquiring why I did not return to begin work again after the few days of extension I had asked for, but I told him I could not because he had demanded return of his deposit (which unreasonably nullifies the contract). I considered myself to be out of over $500 at this point due to the price I paid for the lead, the value of his 'free' estimate, Time and Material expenses, travel, employee, and fees paid to PayPal. Mr. [redacted] needs to understand that a down payment does not create an autonomous contract. There are two parties within every agreement, and by him giving me the down payment, that I must be reasonably expected to use the funds towards the completion of his request. Mr. [redacted] in effect had nullified the contract yet he still expressed wonder as I did not return to continue. Afterwards, in January of 2016, I received notice from PayPal, that an amount of $1,000 was deposited into my account by PayPal without any further explanation. Then I received a notice from Home Advisor saying that I had a negative review placed on my profile by Mr. [redacted].I checked into it and had the review removed due to inflated and fabricated remarks being made by Mr. [redacted].Shortly after, I received the notice from Revdex.com which I am responding to now. Mr. [redacted]'s claims are exaggerated, and he is purposefully trying to give me a bad name for that which I am not guilty of.He had his money extracted from my account for no good reason other than he felt I was non-committed and unprofessional. He had not contacted me by phone since the day he hung up on me. We have exchanged several emails, to which I had immediately and positively responded, yet he remained unchanged in his demands which were beyond the limits of acceptability and I am remain unchanged as to my answer to him according to established business practices.I further state that I had never made any false or misleading representation and it would have been appropriate and suitable to all, if [redacted] were to have let the extreme heat wave subside (as suggested by me), until I could have continued proper and quality work to the exterior of his home.My next impulse is to express great regret that I was unable to fulfill Mr. [redacted]'s request to paint the exterior of his beautiful home. This, in my opinion, is entirely due to Mr. [redacted]s reluctance to exercize tolerance as both of us had involuntarily endured delays due to circumstances outside of our control.As shown in the email dialogue below, I had started the job on our agreed date, but was having trouble bringing efforts up to speed and giving him my full attention for a few days and I appealed to [redacted]'s sense of better judgment as I expressed to him that the delay was actually working in his favor because we were enduring a heat wave at the time where temps were above 90 and 100 degrees F. I asked for another week because my calendar had backed up due to extreme weather, and vehicle breakdowns.This information is true and correct in its entirety, to the best of my recollection and according to records that I produced. There are additional email exchanges but I believe I have covered the substance of my intentions. If there are any questions, I would be happy to bring up further emails which are in my account at Hotmail.Thank you for your time and attention in this matter.With very best regards,[redacted]Timplex, LLCBelow, please find section of email between Mike [redacted]s and Tim Laur From: [redacted]To: [redacted]Subject: Repair/Painting My HouseDate: Sat, 22 Aug 2015 11:21:03 -0500[redacted]You said, per our last conversation on the phone, you would be able to resume work the end of the week of August 17. Well, it has arrived and you haven't made any contact with us. You have a lot of work to do to earn the $1000.00 I have paid you so far. It would be very decent and professional of you to honor our contract. When are you coming back?Mike [redacted]-----------------------------------------reply,-----------------------...⇄ this point all I can do is ask you to extend a little bit of latitude concerning the circumstances.The phone conversation that I said the Aug 17 date was ended by you hanging up, and then putting a hold on my PayPal account. I considered this action akin to being fired from the job and now you are wondering why I was not there to honor that date?(Of Course I would not appear for work until the funds were released)You instructed me in an email that no work was to be done on Sunday at your residence, yet you have contacted me on Sunday and Saturday via email wanting immediate responses and you are continuing to opine that I am acting unprofessionally. You knew when you hired me that I was a sole-proprietorship and did not send out crews to do work.You complained that my work caused some of your home to be exposed to the elements, and I will respond that the exposed part is weather-proof plastic that has been exposed many times during home construction without adverse effect. I see this as you over-reaching to find complaints to build a case against me, where otherwise you have no case.I will say that your action created a hole in my calendar and an earlier bid that I had proposed came in during the interim. I could do nothing except accept her downpayment.I can only say at this point that it will be two weeks before I can start your paint job again, although I will squeeze in some work on the siding as I am able.Tim