Complaints

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• Initial Complaint

  Date:01/04/2024

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Sustainable Living Holdings was recommended, the owner/operator G****** ******* drew up a proposal for Demo of tile roof and install new shingle roof and 20 solar panel system. The loan was funded on February 7, 2023. Through the loan energy network and BluePeak credit union. They submitted a check to G****** SLH in the amount of $29,750.00 directly and send me a check for $12,750.00 to give to G****** W/ SLH upon completion of new roof and solar system installation and approval by the city of Pico Rivera and So Cal Edison. Between BluePeak credit union and the loan energy network they submitted to G****** ******* SLH a live check for $29,750.00 and failed to put the contract project on a payment schedule as required by the California State Contractors License board. $1000.00 or 10% whichever is less of the total project and set payment schedule as the work is staged out and completed. I notified BluePeak credit union to inform them that SLH has abandon the project and need to speak with their fraudulent department. I was transferred to the loan energy network. I was able to speak with an agent who to my information down for investigation. And that I would get a call back within 24 to 48 hours. After a few days of no call back from the loan energy network I called and after some time I was able to speak with Colin and he told me he had called and email SHL to check on status of completion of solar installation He told me that G****** had not called back nor replied to his email. I have called BluePeak credit union to have this loan investigated for fraud as G****** has abandoned the job, I can’t get any help support. I’m told BluePeak does not have a fraudulent department and keep wanting to transfer me to the loan energy network. I have returned the check back to BluePeak for $12,750.00 along with a note that the contractor has abandon the job/project. At the suggestion of the loan energy network. BluePeak has added the returned check and credited the account.

  

  Business Response

  Date: 01/11/2024

  Energy Loan Network (ELN) does not recommend contractors or market contractor services in any way.  Mr. R***** decided to use Sustainable Living Holdings (the Contractor) completely independent of any communication or influence from ELN or his lender, BluPeak Credit Union.  ELN is not in the home improvement business and has nothing to do with the agreement made between Mr. R***** and the Contractor.  To make this distinction very clear, before loans are funded, the borrower signs a release of liability and indemnification agreement for ELN and their lender (see Final Loan Docs pg. 10-12).  Further, there is no affiliation between the lenders that ELN assists and the Contractor.
  

  When ELN representatives received a call from Mr. R***** and learned about his experience with his contractor, we communicated that we were very sorry to hear that the Contractor had only installed a new roof and had not completed the solar installation.  We suggested that Mr. R***** may want to explore taking legal action against the contractor and file a fraud claim against the Contractor’s bond.
  

  The loan distribution in Mr. R*****’s loan documents were prepared for him in alignment with the payment schedule he established independently with his Contractor in the home improvement contract agreement he established with them that was submitted to ELN ahead of his authorization to release funds.  Their agreement stated that there would be no down payment collected which satisfies the requirement set forth by the California Contractor State License Board that down payments cannot exceed the lesser of $1,000.00 or 10% of project cost.
  

  The independent agreement between Mr. R***** and the contractor did call for a payment of $29,750.00 due upon installation of the project and a final payment of $12,750.00 due upon completion of final city inspection.  The loan documents were prepared with these two separate disbursements listed.  Loans established through in-network ELN lenders are all closed-end and disbursement of funds happens all at once.  The loan documents were prepared so that at loan funding, the check for $29,750.00 would be sent to the Contractor and the $12,750.00 would be sent to the borrower payable to the Contractor, which Mr. R***** would hold onto and give personally to his contractor upon final city inspection.  This distribution of funds was clearly shown in the loan documents that Mr. R***** signed, and Mr. R***** specifically initialed right next to the line on the loan documents showing the disbursement of $29,750.00 to the Contractor (see Final Loan Docs pg. 9).  If Mr. R***** was not ready to pay the contractor the $29,750.00, he should not have moved forward with the funding of the loan as outlined in the loan documents.  Had Mr. R***** wanted to make any modifications to disbursement of the loan proceeds or decided on a different method of paying for his project, he could have communicated that at any time prior to loan funding.  He was not under any legal obligation to move forward with the loan funding.
  

  Consumers have many choices when deciding how to pay for their home improvement projects.  Had Mr. R***** withdrawn cash from his bank account and paid the $29,750.00 or withdrawn from a Home Equity Line of Credit and paid the $29,750.00, it would be contrary to reason for him to pursue action against the bank he withdrew his cash from, or the bank that granted him a Home Equity Line of Credit. In like fashion, ELN and BluPeak Credit Union assisted Mr. R***** with obtaining a loan at his request, which was disbursed wholly in keeping with his authorization, and his claims that we have any responsibility for assisting him further by taking responsibility for his home improvement contract are both false and misguided. We encourage Mr. R***** to continue pursuing action against his contractor, we hope that he is made whole by his contractor and wish him well.  We are disappointed that he has chosen to falsely implicate ELN and grossly misrepresent the facts of our interactions.

  Customer Answer

  Date: 01/16/2024

  
  Complaint: 21094602
  
  I am rejecting this response because: 

  It is very disappointing that ELN would be so uncharitable, since I have only acted in good faith. After they have not returned my phone calls, only advised I return the final payment check to BluPeak credit union and to not default on loan payments. 

  When I spoke with the California State Contractors Board Agent, they in formed me of the CSLB #22-44 7159 and 7159.5 - Reminds Contractors of Progress of Payment Restrictions - restricts payments on home improvement contracts to a minimum down payment of $1,000 and subsequent payments must not exceed the value of material and work performed, including for residential solar. "The down payment may not exceed $1,000 or 10 percent of the contract price, whichever is less." "The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or service scheduled to be supplied in each phase, along with the amount of each proposed progress payment. It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered. However, a contractor may require a down payment." 

  The original contracts was arranged by the contractor, the contractor has since abandoned the job after the roof was replaced, the solar system was never installed, and now I am left with making payment on the loan.

  When communicating with the California State License Board agent, ELN acknowledged to no longer doing business with the contractor, and because the loan should not have been processed, as it was, it doesn't make sense why the loan wouldn't be insured or why the loan wouldn't be dismissed?

  At the time of the contract agreement his license was active. January 21, 2023. When he stared the demo on the roof April 8, 2023 is license was suspended.  

  The contractor is guilty of at least the following (3) violations:

  1. He's not a roofing contractor.
  

  2. Having unlicensed contractors work on the roof.

  3. requesting final payment before the project was complete. 

   

   Regards,
  
  ****** R*****
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

  
  

  

  Business Response

  Date: 01/18/2024

  To be very clear, the Energy Loan Network and BluPeak Credit Union have nothing to do with the contractor’s activity, the Contractor State License Board, and the laws, rules and regulations pertaining to contractors.  The California State License Board only governs contractors. 
  
  The loan was processed in a manner that is fully compliant with all lending laws and lending regulations.  For convenience, Mr. R*****’s loan documents were prepared with the two disbursement amounts listed in his home improvement contract.  Mr. R***** signed the loan documents, and the loan was funded and disbursed in the exact manner that was outlined in those loan documents.  If Mr. R***** wanted changes made to his loan agreement, he should have indicated it prior to signing them and prior to the loan funding and being disbursed.
  
  Even though ELN and BluPeak Credit Union have no control over or liability for the contractor’s behavior, a liability release, hold harmless and indemnification agreement is always included as part of loan documents.  This is done because while most home improvement project go well, occasionally, serious problems may arise with contractors, and we want to make it clear to borrowers that this has nothing to do with us and is out of our control.  It is up to the borrower to conduct their own due diligence on the contractor and the contractor’s activities that they independently found, selected and decided to sign a contract with.
  
  We did attempt to assist Mr. R***** strictly out of courtesy. Our records indicate that from June to August 2023, representatives from ELN spoke with Mr. R***** over the phone numerous times. We called and left voicemail with Mr. R***** requesting that he call back when not available. We conducted at least one joint call with Mr. R***** and a representative from the Contractors State License Board because they were requesting information that may assist them in seeking resolution with his contractor. We additionally gave Mr. R***** options for returning part of his loan disbursement in order to lower his debt obligation and monthly payment with the lender.
  
  Mr. R***** is well within his rights to pursue action against his contractor who has clearly not met an obligation to complete work that he contracted them to complete, and for this we are most empathetic. In the same way that a bank does not stop a consumer from choosing how to spend their money however, and a consumer cannot seek restitution from a bank if they regret what they spend it on, we, ELN, continue to be baffled, disappointed, and appalled at Mr. R*****’s insistence that ELN or BluPeak Credit Union are in any way liable for any wrongdoing by Mr. R*****’s contractor. 

  Customer Answer

  Date: 01/24/2024

  Due to circumstances beyond my control, I'm unable to proceed with this matter at this time.  I'm not done with this issue and will be pursuing the matter the near future.