SCCCI owner ***** ******* refuses to give us back our $723.00 deposit after we cancelled the order prior to any work starting or materials purchased.
We cancelled over the phone and in writing prior to any costs being accrued and ***** ******* wont give us our deposit back. We gave him a check for $723.00 and he never stated he was going to cash it and once we realized what he was selling us was not the product we wanted we called him and he acknowledge that no materials were ordered.
Mr. ***** ******* is unaware of the binding contract his wife signed some 27 days prior to his cancelling. SCCCI has spent both time and money to ensure a top quality product and install.
The job was not cancelled until after Mr. & Mrs. ******* directed our firm to:
1. Clarify the order
2. Obtain additional information on specific upgrades
3. Has two (2) SCCCI workmen out for 3 1/2 hours, re-measure/detail specifications
4. Order Amerimax
5. Cancel Amerimax
6. Change to Anlin
7. Quote additional items
8. Change to provide windows only "we will install"
After over 23 e-mails and text messages, numerous phone conversations and three trips to their home AND 27 days of performing as they dictated, they now allege SCCCI never gave them the right to cancel.
The *******'s actions will force SCCCI to file a suit against them to cease and desist.
SCCCI will keep the BBB updated as to the outcome.
(The consumer indicated he/she DID NOT accept the response from the business.)
SCCCI came out to our home on Sunday Dec 1st 2013 to discuss new windows. The owner ***** ******* spent 1 1/2 hours at our home and convinced us to go with an Amerimax window product. He stated it was better than Anlin the window we wanted. He also stated that he could get a good deal if we acted immediately on the Amerimax product. He had 1 very small sample; the size of a small doggie door. He had no other samples or any showroom to let us compare both window products he offers.
He steered us towards Amerimax never offering Anlin which he knew we wanted.
He stated "he was putting a big order together thru Amerimax on Monday" and he could pass a great savings on to us, if we acted that day on the Amerimax windows.
At the end of his visit, he convinced my wife to sign the contract even though it was more than what we were quoted previously, in writing from another window company.
Once he had the signed contract and our $723.00 deposit check he left immediately.
***** never went over our rights as a homeowner if we had decided to cancel. I later found out that my wife never initialed the contract that states "I received my rights in writing". That's because ***** never went over our rights at homeowners with her.
On Wednesday Dec. 4th 2013, 2 installers stopped by our house to take measurements of 11 windows and 2 sliders. They completed this in about 1/2 hour. We then went over the openings on each window and slider. We mentioned we we going with the Amerimax product and that we were not convinced it was a better product. The lead installer questioned "why not go with the Anlin windows"? "They are great", he stated. We explained to him what ***** told us on Monday, regarding the great savings but the installer stuck to his opinion. He told us we would love the Anlin and if he was doing his windows he would install Anlin. We respected his opinion because he was not trying to sell us anything and has been installing and working with windows for years. His sincerity and honesty we loved.
Once they left, my wife and I decided to immediately go to a showroom at another window company that could show us the Amerimax windows/sliders. We wanted to open the windows/sliders first hand what we were sold on.
After seeing the windows and sliders we were convinced that Anlin was a better product for us and we would love these for our home.
The following day, Dec 5th, my wife emailed a letter (copy attached) to ***** at SCCCI stating what happened the previous day when his installers came out. Also, explaining to ***** that we saw the Amerimax windows up close and decided against them. ***** was aware we were not going with the Amerimax window. Attached is his email reply to the letter my wife sent. He thanked us for updating him with our changes. At this point the contract was null and void.
We then proceeded over the next few weeks and dozens of emails to determine the details on the Anlin windows we wanted. We felt we got the run around and ***** never gave us a price for the Anlin windows. He had our dimensions and all the window openings we wanted.
On a side note; I was laid off on Monday December 2nd 2013 so the longer we went communicating with SCCCI and ***** not giving us a cost we came to a point to save some dollars. We decided that I would install the windows. Hopefully saving several thousand dollars in labor.
After getting fed up with *****, his stalling tactics and how he could not give us a price we notified him that we decided to go with another company. We stated that "we hoped to do business with him down the road" when we started looking into a front door.
The bottom line is:
1. ****** ******* signed a contract that was incomplete.
2. ***** ******* never explained our "rights to cancel" prior to signing contract.
3. We never initialed the contract that states we were giIven a "3 day right to cancel".
4. SCCCI never purchased products for our project or spent 1 hour of labor doing work at our home.
5. I cancelled the original window order (in writing).
6. ***** ******* refused to refund our $723.00 deposit check which is all we are asking for at this time.
Below want to address the errors in Mr. *******'s claims he filed with the BBB on January 20th 2013:
SCCCI claims to have spent time and money. WHAT MONEY WAS SPENT PROVIDE DOCUMENTATION PLEASE.
1. Clarify the order. WE DID TRY SO WHAT? WHAT DID THAT COST SCCCI?
2. Obtain additional information on specific upgrades WE DID TRY TO TO SO WHAT? WHAT DID THAT COST SCCCI?
3. Has two (2) SCCCI workmen out for 3 1/2 hours, re-measure/detail specifications. THEY WERE DONE MEASURING WITHIN AN 1/2 HOUR AND WE NEVER TOLD THEM TO STAY THEY CHOOSE TO TALK WITH US ON THERE OWN FREE WILL FOR MAYBE 45 MINUTES MORE. ARE THEY PAID FOR MEASURING WINDOWS THAT NEVER WERE ORDERED?
4. Order Amerimax DID THEY? SHOW US THE ORDER FORM.
5. Cancel Amerimax DID THEY? SHOW US THE CANCELLATION FORM AND WHAT IT COST SCCCI.
6. Change to Anlin YES WE ALWAYS WANTED ANLIN AND ***** KNEW THAT. SO WHAT DOES THAT COST SCCCI?
7. Quote additional items> WHAT ITEMS AND SHOW THE COST AND WHAT IT COST SCCCI.
8. Change to provide windows only "we will install" WE DID REQUEST THAT. SHOW THE COST AND WHAT IT COST SCCCI.
These 8 items ***** ******* lists in his response to the complaint against his company have nothing to do with why we can't get our $723.00 deposit $ back we are requesting.
Final Business Response
SCCCI has filed a lawsuit to recover our loss of profits as California has laws in place to protect contractors as it does consumers. It is unfortunate but the complainant is not the contract signer and was, as he states, not present during the contract negotiations. Had Mr. ******* not made false statements, posted inaccurate complaints and attempted to slander our 27 year untarnished reputation and just attempted to work this out amicably, it could have been solved between the parties. As unfortunate as it may be SCCCI will seek the decision of a non-bias independent 3rd party (our judicial system) to solve our differences.
I thank you in advance for your impartial actions until the outcome of the pending proceedings.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
My wife and I have made several attempts in writing to get our deposit check back and just walk away since no money was spent and no materials were ordered. Mr. ******* has refused our requests stating we owed him our deposit money and more.
Mr. ******* is just bitter that we wasted a few hours of his time negotiating a change in the in complete contract just days after my wife signed it under pressure and false claims from Mr. ******* the owner of SCCCI.
Mr. ******* left us no choice by his refusal and stubbornness but to go public and expose his inappropriate actions, bullying tactics and the way he conducts his business when things don't go his way.
We are still willing to retract our complaint and not pursue this matter with the BBB, The state contractors board, His bonding company, Small claims court and social media if we are refunded our deposit money in full. This would resolve everything.
The bottom line is he never did any work or spent a dime on our project yet he feels he is owed our deposit check and more.
Is this how to do business with kind honest people just trying to improve their home? I don't think so.