Complaint Category: Failure to honor promised refunds, exchanges, or credit
Complaint: I cancelled a contract with the Co. to build a fence. I was promised a credit to my credit card for the down payment. no credit has been received.
On 3/22/13 I signed a contract with Clay Williams to build a fence at my residence. The Projected start date was 4/19/13. That date came and went with no contact from Clay regarding a new start date. I called the following week and was told by the secretary and Clay wanted to relay that he was sorry. There had been a lot of rain that put them behind schedule. I waited 2 more weeks, which was the first week in May. Still no call from the company. I called and Clay relayed that he hoped to have someone out the following week (week of 5/6/13)to dig and set the fence posts. I marked my sprinkler heads to be sure there was no damage in anticipation that work would begin. The week of 5/6/13 and the week of 5/13/13 came and went with no contact from Clay.
I sent a certified letter to the company dated 5/17/13 notifying Clay that I wass cancelling the contract signed on 3/22/13 due to nonperformance and requested a credit to my credit card for the amount of the downpayment. The certified letter was received at Clay's Office on 5/20/13. On 5/21/13 Clay called me and stated again that he was sorry. That this had not happened before. He stated he understood why someone would want to cancel. He stated he would not charge me the 10% cancellation fee, but would refund the full amount of the deposit. He stated he wanted to send me a check instead of issuing a credit. However, I told him that I would prefer a credit. He then stated that when he opened his merchant account, that his bank did not allow him to issue credits. (Very odd). I stated that I had sent the information to the credit card company for a credit since he had not performed under the terms of the contract. No fence had been built and I had not heard from him. He stated that he only kept $1,000 in his merchant account, but had more than that in his checking account. (If you have funds in your checking account sufficient to issue a credit, why would you want to send a check?) I stated I would rather have the credit to my credit card. He then said, the credit card company could not take money out of his account with out his permission. But, he would have his accountant fund the merchant account and issue me a credit.(again, very odd). I said okay you do that and send me a copy of the receipt. He said he would. I have not heard from Clay since the telephone conversation on 5/21/13 and no credit has been issued to my credit card.
I am at a loss to understand why Clay has not honored his word by issuing a credit to my credit card to refund the deposit. The contract was signed in good faith. When there had been no performance under the contract and no contact from the company regarding a new start date, I cancelled the contract according to the terms that we signed. I offered to pay the 10% cancellation fee as stated in the contract.
I have treated Clay with respect and I have abided by the terms of the contract. Our conversations have always been cordial. However, I do not understand why he has not issued the refund of my deposit as he agreed to on 5/21/13.
Business' Initial Response
Business contacted BBB and stated they refunded the consumer $2,880.00.
Business' Final Response
(The consumer indicated he/she ACCEPTED the response from the business.)
The Company issued a credit to my VISA account in the amount of $2,880.00 on 6/4/13. It was posted to my credit card on 6/6/13. Thank you for your assistance in resolving this matter.
Complaint Resolution: Company resolved the complaint issues. The consumer acknowledged acceptance to BBB.