I signed a huge contract in March 2005 to have a fence put around my property. I paid $4000 as a good faith down payment. The owner and 2 workers came out for an 6-hour day and started; the check cleared; and then I didn't see them for several days. On the 4th day 2 workers came for 2 hours. Contract states they will do this fencing; this group chosen because they said they'd have it done in a week. On day 4 it was clearly not going to be done in a week but they left before I had a chance to talk to them. The owner didn't return phone calls and my phone attempts are documented on my long distance phone bill since I live in a very rural area and the company is 45 minutes from my house.
A week later I finally got in touch by phone and asked them to resume. No sign of them at all. I learned to not leave messages and just take the chance they'd answer the phone. The owner said they'd be here "first thing Monday morning." On Monday afternoon when they hadn't shown up nor called I left a message with a receptionist to cancel the contract and return all unearned money. I calculated this at $3000, generously giving them $1000 for $600 worth of materials and one 6-hour day and 2 hours on the 4th day. I got no response. I sent the same request in a registered letter which was signed for. No response.
I contacted the Better Business Bureau. When the owner got his copy of the complaint he called my house with an obscenity-laced hostile threat. I gave that information to the Better Business Bureau, also, and then learned that he had 2 former complaints against him, too. By this time he had learned that if he just didn't respond to the BBB then nothing would happen.
An attorney has advised me that this is not worth pursuing in court.
Is there nothing that will hold this business owner accountable? Am I really out $3000?
Thanks,
Johansen
A week later I finally got in touch by phone and asked them to resume. No sign of them at all. I learned to not leave messages and just take the chance they'd answer the phone. The owner said they'd be here "first thing Monday morning." On Monday afternoon when they hadn't shown up nor called I left a message with a receptionist to cancel the contract and return all unearned money. I calculated this at $3000, generously giving them $1000 for $600 worth of materials and one 6-hour day and 2 hours on the 4th day. I got no response. I sent the same request in a registered letter which was signed for. No response.
I contacted the Better Business Bureau. When the owner got his copy of the complaint he called my house with an obscenity-laced hostile threat. I gave that information to the Better Business Bureau, also, and then learned that he had 2 former complaints against him, too. By this time he had learned that if he just didn't respond to the BBB then nothing would happen.
An attorney has advised me that this is not worth pursuing in court.
Is there nothing that will hold this business owner accountable? Am I really out $3000?
Thanks,
Johansen
