McCabes Nursery/Gallery of Grains

I am rejecting this response because:

***

***

Temecula, CA
92590

May 19, 2018

Dear Revdex.com,

Please consider
this letter my rejection to ***’s response as follows.

I have attached
clear evidence as follows:

Exhibit 1: Retainer
/ Deposit Receipt dated 12/15/17. At
the second paragraph where I underlined – “The first two design versions are
provided without cost.” (emphasis added)

·
We
never received any design versions, let alone two. Only after filing a claim with our bank did
***’s offer to give screen shots of the grossly over budget $136k project
design, and never at any time provided the agreed upon $40-70k project design.

Exhibit 2: 12/27/17
Email from Customer *** to Merchant ***. Within this email I clearly outlined the
$1000 payment was to go toward future projects, and the project budget of
$40-70k.

·
***
never disagreed within any subsequent email.

Exhibit 3: 12/28/17
Email from *** to ***, where at first sentence merchant says “You have not obligated yourself in any way
at this point” and at the sixth paragraph says “… and we will get something in
whatever financial parameters you want to set. At the
end of the meeting we agreed to develop options to reduce the price. We will do that.” (Emphasis
added).

·
***
never provided the promised new design within the $40-70k budget we
discussed.

Exhibit 4: 3/2/17 Email – I repeated my budget of
$40-70k and requested a copy of the plans we were shown.

·
***
never provided a copy of the plans, and broke his 12/28/17 promise to develop
plans within our stated budget.

Exhibit 5: 3/6/18
Email. *** admitted his
estimate/plan was higher than what was paid for. At the first sentence of this email he said “Yes
you are right you said you wanted to spend less than what the estimate
was. That is certainly true.”

·
***
admitted the plans he came up with were more expensive than what was agreed to
when we paid the $1000.

·
***
admitted there were no second set of plans drawn up – breaking his 12/28/17
promise – by not discussing the same and only discussing the one and only over
budget $136k project plans.

·
***
admitted at the beginning of the second paragraph that “You also requested the plans to be sent to you” proving he had not
yet provided copies of any plans to me.

·
***
then sought to charge another $2200 for the plans to the over budget $136k
project. At the end of the second
paragraph he said “So if you would like
the plans as they are we would need the balance of $2200.”

·
***
never once disputed my previous emails repeating the $40-70k budget and plans
for the same.

Exhibit 6:
3/27/18 Letter from ***’s to ***.

·
***
seeks to enforce the very same “deposit agreement” (Exhibit 1) which says the
first two designs are free.

·
***
never mentions the promised second design within the $40-70k budget because it
was never done nor provided.

·
***
only says he would “still give him the designs worth $1000 as paid” which are
to the $136k way over budget project, and

·
***
never provided the $136k project design anyhow.

In summary, per ***’s promise to put together plans for a $40-70k
patio project we paid $1000 toward those plans and future work on the same, and
he still NEVER put together nor provided those plans, making it impossible to move forward with the project. The most he did is offer to give screen shots
of the way over budget $136k designs he tried to strong-arm us into and only
AFTER we made a claim, and even those plans don’t help since are twice our high
budget. They never gave what we paid
for.

Despite ***’s assertions, we were
never advised the work being requested was more expensive. How can that be when we were only given one
estimate of $136k at the end of the first presentation and no revised estimate
after that? In fact, it was my wife and
I who kept asking for a plan within our budget and that was repeatedly ignored
as proven by the total lack of a subsequent patio estimate.

Despite ***’s claim that we kept
adding to the scope of the project, it was he himself who did the initial site
visit and at the end of that, before leaving, asked my budget to which I
replied $40-70k and he said he could work with that! Right after going through everything with me
at the site and walking all aspects of area and discussing the elements sought. Problem is he later tried overcharging us
within the estimate and refused to back down or make any reasonable changes
once he got our money.

It is a perfect analogy *** uses
when talking about a realtor showing clients homes over their head. We gave the budget and if he were the realtor
he only showed us homes twice as expensive as we asked to see and no matter how
many times we tried to get him to show us what we wanted to spend he refused
and instead stubbornly continued to try to upsell us. Maybe he thought he could convince us. Maybe he thought because we can afford it
he’d get us to agree to it. Whatever the
reason, he completely failed to show us a plan/estimate in our clearly stated
budget of $40-70k.

***’s side of the story sounds good
if any of it were true. Fact is, it is a
total lie. My real concern is that this
business if left unchecked may well continue to take advantage of others by
taking their money and refusing to deliver an agreed upon estimate / scope of
work despite a customer’s clearly spoken, and confirmed and acknowledged in writing, budget such
as we have proof of ourselves.

The real waste of time is our’s. They made the choice to spend too many hours
designing and trying to upsell us something twice our highest stated and
confirmed budget amount. That is their
fault, not our’s. The only fair
resolution would be a complete refund of the $1000.

Thank You