As You Wish Pool and Spa Inc

WOW! That's a lot to take in Mostly convoluted and misguided, to say the least I'm not going to pick apart every sentence or statement at this point This case is mostly likely going to end up in small claims court, where all the evidence can be presented to a non-bias court Furthermore, possible criminal theft and fraud charges may be filed against Ms*** Ms*** has manipulated the credit card company into back charging our business account for the purchase price of the spa (plus tax), while still in possession of the unit I have spoken directly to *** *** (the gentleman who was watching our store will we were gone for a week) He has stated, without reservation, that "no used sales have a warranty in any business, that he's aware of"

Dear *** ***,Please see all attachments Miss *** purchased a used, as is year old spa from us on Nov7th, Originally she used a check, from her sister, for the purchase This is because we do not take credit cards for used spasThe $purchase price was the
"cash and carry" price Delivery, supplies, and accessories are always additional Within a week, she requested the check back, so she could put it on her credit card I reluctantly agreed, and this move cost us $in merchant fees It's the very reason we do not take credit cards for used spas.Ms*** bought this spa for a plus year old house, that they had not even closed on An old, broken down, poorly installed spa already existed on the property, and needed to be pulled out by the previous owners She could not seem to grasp the concept of needing the old spa removed before another could be installed She also was ignorant to the electrical needs of the replacement spa Since the "old spa" was improperly removed (by someone else), new electrical service had to be installed before this unit could be delivered This did not occur until the afternoon of Jan7th, She HAD to have the spa by the 9th for their "house warming party" We delivered it, and had it running by 10am Jan9th They used it that weekend, and have been using it ever since This spa was removed from the previous, and only owners, one week (Oct.31st, 2015), prior to her Nov7th purchase, as a trade in As we told her, it was running and being used by these owners, until the morning of the extraction, and "as far as we knew, was not leaking" However, I never guarantee any used spas or parts (see store notice attached) When it became clear it was leaking from a filter housing, I made two attempts at patching the leak That did not work, and I ordered the new parts on Jan 22nd, I called her fiance "***", and told him the news The parts would be in the following week, and I would do the repair at no labor cost They just needed to pay for the parts, and keep the spa topped off with water, and running - to avoid further damage They immediately started calling and texting (sometimes times per day), threatening me with a lawsuit if I did not remove the spa and refund their money She actually gave me a deadline of Feb5th, I have ALL phone calls and text messages from both of these people, going back to Nov Anyway, once it was clear that their minds weren't straight, all repairs were halted, and I composed the attached cover letter and repair agreement on Feb.5th, I sent a copy through the regular USPS mail, which they received I also sent certified copies, which she has refused to take possession of Both pieces of mail were sent to her *** address on Feb6th, 2016.There will be no refund on this unit At this point, I will not repair the unit until the delivery, supply, and accessories are paid for, and the repair agreement is signed and returned to this office.I have also attached photos of the property, taken Feb18th, It shows the placement of the spa, the rug on the concrete slab (used for entering and exiting the spa), and the hap-hazard (illegal) electrical line she demanded the licensed electrician string along the top of the yard She was so intent on having a spa for her "party", that she didn't care that both myself and the electrician told her that this wasn't the "safe way to go" I should also note that the spa only leaks about 4" of water, and then stops below the leaking part Also, due to the fact that this house is so old, there are no water outlets outside Water has to be taken from inside the house to fill the spa.This is my statement, in short, and I do have plenty of other exhibits for future disclosure if necessary.Sincerely,*** *** - Owner Attachments Preview attachment DSCN9588.JPGImageDSCN9588.JPGPreview attachment DSCN9589.JPGImageDSCN9589.JPGPreview attachment DSCN9590.JPGImageDSCN9590.JPGPreview attachment DSCN9591.JPGImageDSCN9591.JPGPreview attachment DSCN9592.JPGImageDSCN9592.JPGPreview attachment scan.pdfPDFscan.pdf

Complaint: ***
I am rejecting this response because:To Whom it May Concern,Hello,At this point the business owner has openly stated that the tub he sold me leaks extensivelyHe mentions other fees which were never disclosed prior to services being carried out as wellHe did not mention a delivery fee before he brought the tub out, nor did he provide me an invoice for the other items that I obtained to go along with the tubI have still not seen an invoice for those items, so he can not state that I refused to pay itAlso, I offered to work with him on getting the tub back into his possession so he could try to repair it and sell it to someone else before I spoke to the Revdex.com or my credit card companyHe is now stating that he believes I have stolen the hot tub from him and believes he has a sound case to take to court as a thiefI don't know how the Revdex.com decides what rating businesses get, but this company is a far cry from the A+ rating that it currently holdsOther consumers need to made aware of the kind of man that is running this company so that they can protect themselves and their investmentsI am happy to arrange a time with him that he can come and pick up his property as I am not pleased with having a broken, unusable hot tub sitting in my yardI still have all the chemicals, as well as the steps and cover lift that were provided during the delivery and I am happy to return all of those as wellI haven't used any of the chemicals, since I haven't been able to use the hot tubI will however state that because of his aggressive responses and clearly short temper I will have a legal official of some kind present during the time that he is at my house to ensure that no damages happen to my home during the removal
Regards,
*** ***

Complaint: [redacted]
I am rejecting this response because:Please see attached letter and other supporting documentation. 2/23/16To Whom It May Concern,I hope that your day is treating you well. This response is my rejection to the business response submitted by [redacted].I would first off like to clarify the payment situation. While I am not sure why the business owner finds it pertinent to the hot tub leak or the current complaint at hand, I am happy to explain. When I stopped in to the spa store on 11/7/15, I didn’t have my debit card with me. I was with my mother (not my sister), and after speaking with the salesman on staff that day it was decided that he would be open to taking a check to hold the spa and I could call later with my credit card and pay, which I did. My mother wrote a check in good faith made payable to “As You Wish Pool and Spa” and it was agreed that if I didn’t call back with adequate payment, then the check would be cashed. The salesman at the store that day was on the phone on and off with the business owner ([redacted]) before the agreement was reached. [redacted] was aware and open to the spa being paid for with a credit card and holding it with a check.  However, I don’t believe the payment method is relevant to the matter at hand. It was mutually agreed upon regardless of the company’s normal practices.The salesman that day also ensured my mother and me that the spa had been fully inspected by [redacted] before it was accepted as a trade in and no leaks had been found. We were also informed of the age of the spa as well as the fact that there would be no warranty on it. Because of this knowledge, we spoke in depth regarding the inspections that had been made and were told it had been fully filled and turned on to run and no leaks had been found. In telling us that the tub had been fully inspected and that, at time of purchase, no leaks at all had been found, the business did provide a warranty that the tub was not leaking at the time of purchase. We understand that new leaks beginning while we were possession of the hot tub would be our responsibility.The reason that the spa could not be installed until January is because I was leaving for a Habitat for Humanity trip to [redacted] for two weeks shortly after purchasing the spa and before we had closed on our home. We did purchase the spa prior to the closing, like he stated in his letter. We were in close contact with our real estate agent as well as Mr. [redacted] and he was well aware of this situation when I made the purchase. I had offered at one point that he could sell the spa to someone else if the timeline I needed was inconvenient to his business. He insisted that it was no trouble at all and holding it wouldn’t be an issue. If any damages occurred to the tub that would cause the leak during the time stored in [redacted]’s possession, the damage would be his responsibility. He is a specialist and should know how to transport and store a tub safely without damaging it. [redacted] even came out to the house and performed a full inspection of the property and insisted that the house had everything he needed to install the tub. I gave him the contact information for my father and sister so that he would have access to the home while I was out of the country on my build. I got a message from my family while I was in [redacted] stating he had come out to install but couldn’t because the electrical elements needed were not present. Once I got home, I again offered that he sell it to someone else, since the electrical problems were overlooked during his inspection to see if he could install the tub. Again, he insisted that it would be fine. I rushed to find an electrician who could get the area wired for the tub as [redacted] made it clear that the tub sitting in his shop wasn’t preferable for him or his business. It took me a few weeks to find an electrician and get the installation of the wiring scheduled for a time that [redacted] could work with. It is winter so with the ground being frozen, the electrician recommended that he make the cording extra-long so that as soon as the ground thawed out, we could bury the wiring and get the whole thing up to code. Why [redacted] thought it necessary to include you on the wiring of my home is beyond me, as it has nothing to do with the issue at hand. Again, I feel as though the business owner is bringing up information that is completely irrelevant to the issue of the leaking hot tub. I will state that if the wiring made him uncomfortable at all, he should have mentioned it upon installation, which he did not. He pretty much just said that the wiring was fine and he could hook the tub up no problem. The hot tub was finally installed on 1/9/16. I had been getting a bit pushy on the installation at this point as I had been home from [redacted] for almost a month and I had still not been able to have [redacted] nail down an installation date. He never had time or help and he kept pushing it off, so I did push to have it installed for my housewarming party. The tub was not used at that party though, we ended up staying in. I could provide statements of this fact if needed. However, even if it had been used, a single night’s use could not be reasonably expected to cause multiple leaks.By the morning of 1/10/16, it looked like the tub was leaking and by 1/11/16 it was clear. I took photographs of the pool of ice coming out from under the tub. We let [redacted] know and he came out to look at it over a week later, he had no sense of urgency, and was also not apologetic or concerned in the lease that the tub was leaking everywhere. He didn’t seem surprised at all. He did eventually come out to fix the tub, but it continued to leak. I informed him of the tub still leaking, and, another week went by before he came out again. He performed another patch. The tub continued to leak and at this point it was becoming clear that I had been sold a broken product. I offered at one point to take store credit for the tub and purchase a brand new one from him so that we could both still benefit somehow from the business relationship. [redacted] never even responded to that voice message. After the second repair and being informed that more repairs were going to be needed, we (my fiancé and myself) contacted [redacted] by phone and requested a refund. This is the point that he started ignoring our phone calls and text messages. After a week of no response from [redacted] at all, we left a message on his phone stating that we didn’t see any other options but small claims court if he didn’t respond to us. I told him on his machine that if we didn’t hear from him by a set date that he would need to prepare to hear from us in a more legal format. I did call [redacted] once a day during the time frame between my initial message regarding court up until the deadline I had proposed. I left a few messages stating that I would rather not do this and that I understand sometimes things happen and I would like to talk to him to seek other solutions. He continued to ignore all contact from us, as though ignoring us would just make us go away. This was, in my opinion, one of the least professional ways he could have possibly handled the situation. I have all of the text messages between myself and [redacted] as well and I would love for him to share the voice messages with you, as they will show you that at no point was I aggressive or threatening towards [redacted] or his business. I believe that they could clarify quite a bit of what went on. I do feel like it is also worth mentioning at this point that after all of this began to escalate, I did speak to some other vendors in the area regarding the tub. I have attached a letter from another vendor in the area that offered to come out for free and take a look after her heard the circumstances. He found and patched another leak that was found in the tub. At this point, the tub has four documented leaks, three from [redacted] and one from the other vendor. And a fifth that is causing the tub to leak with the water below the filter line. There are two possibilities: that [redacted] did not inspect the hot tub as we had been informed prior to the purchase or that the hot tub was damaged while in his possession before or during installation.[redacted] is now stating that all we need to do is replace the filter housing, which he believes we should pay for. I took some photos this morning and attached them and it is clear that the water is well below the filter line and the tub is still leaking onto the ground. The leak below the filter line is not as significant as the larger leak when the tub is full, but it is still a leak. He says that if filter housing is the issue that the water wouldn’t drop below the filter line. Either he has no idea where the tub is actually leaking and is just guessing, (and trying to charge us for it), or, there is yet another leak somewhere in the main body of the tub. As anyone could probably tell from reading his response to my complaint, [redacted] is angry at having to deal with this issue and has chosen to resort to personal insults, molding of the truth to suit his case, accusations and aggression instead of cus[redacted]er service of any kind and any attempt of communication or understanding. At this point the tub is continuing to leak even after it has dropped past the filter line, which proves that the issue he thinks it is having isn’t the issue at all. He says that all we need to do is “keep it filled” up and running. The tub has been going through 60 gallons of water every two days, keeping it filled up and running is costing us a significant amount of money and wasting a huge amount of water on a weekly basis. I feel as though he has completely misrepresented himself as a spa specialist, as he cannot figure out or manage to fix the major leaks that he overlooked during his inspection of the tub to begin with. I can have compassion for his situation as a business owner, as he probably gave whoever he took the used tub from store credit for their new purchase and now he is out the $1500.00 for the tub. However, he is the specialist and I am the client, his business told me the tub had been inspected for leaks. If he didn’t actually inspect it and only took the old owner’s word for it, that is not my problem. What is my problem is the fact that I bought a product from him under the pretense that it had undergone and passed an inspection by a specialist and I now have a severely leaking, unusable hot tub sitting in my back yard.  If I was purchasing this tub used off the street or on craigslist, then I wouldn’t be upset about the issue. I didn’t buy it that way, I bought it from a certified vendor of [redacted] Spas and I would expect that vendor to be able to identify and correct any leak(s) upon an initial inspection of the product. After reading [redacted]’s emotionally charged, insulting and angry response to my complaint I am concerned to know he has been at my home while I am not there photographing my residence. I understand that it is not illegal for someone to stand on the sidewalk and photograph my home, but it is still disturbing to me. The photographs he took aren’t even relevant to the leaking hot tub; it looks as though he was simply documenting the electrical wiring of my home. I went home last night after reading his response feeling threatened and harassed as a consumer and leery about moving forward as I am not sure if he is going to become a threat to my well-being.[redacted] mentioned in his response that he believes my fiancé and I have “minds that are not straight”. I must say that as a consumer, having to be on the brunt end of how Mr. [redacted] does business is making me question how he has managed to stay in business at all. He openly admits that the hot tub is leaking, the rest of his response sounds like mudslinging and misdirection in order to avoid the fact that he sold a broken product to a customer and that customer requested that he make it right.  Ice flow documented 1/11/16, after the installation 1/9/16 Photo from 2/23/16, water still coming out after the water has dropped below filter line Photo from 2/23/16 showing water below filter line
Regards,
[redacted]