Sky Blue Pools

In response to the complaint from [redacted] , I am writing this response regarding what she calls promises and guarantees that were ignored by Sky Blue Pools, Inc Upon signature of contract with Sky Blue Pools, it’s stated that we are not responsible for sprinkler systems repairs, re-routing or new installation Mrs [redacted] was shown this and told several times over the construction phase of her jobShe was told, by construction supervisor, [redacted] , that she will have to hire a sprinkler company to come in and re-route her sprinklers since excavation eliminates all the lines and valves, in the area of the new spa installed in her back yardUpon Final/pool school, Mrs [redacted] , told me that the excavator knew where the valves were located I told her that I would relay this information to the excavator After the pool school, I did not know where the valves were located and did not know about the excavator knowing where they were buried Again, the customer was told that she is going to have to hire a sprinkler company to re-route here sprinkler systemAs for Mrs [redacted] ’s response, at the end of the job, stating [redacted] had quit answering his phoneJob supervisor, [redacted] , had received no text messages from customer, no emails from customer and no phone calls from customer regarding the issues she is complaining about Therefore, there was no reason for him to respond Sky Blue Pools was servicing this customers pool for weekly service and we received no response regarding this issue, until she cancelled service with our company on October 30th, Sky Blue Pools, Incwill not be reimbursing this customer any monies for something she was suppose to have done on her own

Mr [redacted] : Please be advised that the undersigned and this firm represent Sky Blue Pools, Inc("Sky Blue") in connection with the complaint that you have made with the Revdex.com regarding repair work that Sky Blue made to your pool, located at your residence, [redacted] [redacted] *** (the "Property")In that regard, demand is hereby made to immediately remove the Revdex.com ("Revdex.com") complaint you have filed against Sky Blue, containing erroneous information, inaccurate facts, and illogical demandsShould you fail and/or refuse to comply, we will recommend to Sky Blue that it take any and all necessary steps available to it to protect its interests and reputationTo be clear, Sky Blue does not and will not tolerate this disparagement and will utilize the law and the protections therein to the fullest extent possible to protect its interestsAs we understand it, an inquiry with Sky Blue was made regarding an issue with the pool pump at the PropertyWithin three (3) hours, Sky Blue was on site, identified the problem as a bad starter capacitor, and immediately installed a new one so that the pool would be functioning properly from then onFurther, Sky Blue left the fault capacitor on siteAn invoice was generated for approximately $ 149.62; however, a dispute soon arose as to why you were not notified of the cost prior to the repair being madeIt is both customary and for such repairs to be made without first notifying the customer of the price as it is generally the case that the customer would prefer a functioning pool as opposed to delaying the repairs to wait for a cost estimate, especially on a fairly minor issue such as thisRather than amicably discuss the dispute, you determined what you unilaterally thought to be a fair price for a new capacitorUnder no reasonable scenario, in any context, does a customer have the privilege or right to determine what they want to pay for a repairUnderstanding the situation and wanting to work with you, Sky Blue offered to remove the new capacitor it installed and re-install the non-functioning model, foregoing charging you, and moving on with its businessHowever, such attempts were met with hostility, threats of calling the police, and unnecessary escalations — namely, no trespassing signs placed around the Property as well as the erection of a fence surrounding the poolRather than simply pay the remaining approximately $left on the repair, you determined $was fair and reasonableWhen Sky Blue returned to collect its capacitor as a result of non-payment, you refused to allow them to do so, instead keeping the new part without having fully paid for itNot stopping there, you alleged in a police report that an employee of Sky Blue attempted to "punch you," and subsequently broadcasted that across the internet via the Revdex.comThe law in Texas is clear; one who makes a statement that injures another in their profession or occupation qualifies as slanderper seMorrill vCisek, S.W.3d 545, (Tex.App.—Houston [st Dist] 2006, no pet.)Slander per se means that any person who publishes such a statement, will be held strictly liable, regardless of whether it was known that the statement was at the time it was madeBentley vBunton, S.W.3d 561, (Tex2002)Further, any statement that is slander per se, entitles the damaged party to presumed damages and all court costsMass vSefcik, S.W.2d 897, (TexApp.—Austin 1940, no writ)Last, any defamatory statements with the intent to injure a person entitles that person to exemplary damagesPeshak vGreer, S.W.3d 421, (TexApp.—Corpus Christi 2000, no pet.)It is unfortunate that you have decided to go this routeSky Blue promptly responded to the situation and did its best to rectify the situationYet, you have chosen to knowingly defame them over the InternetAs stated herein, Sky Blue hereby demands that you cease and desist from making any further defamatory statements and to remove or provide a written retraction of any prior statements made, specifically including the ones on both the Revdex.com and YelpSky Blue's involvement with you in this matter is officially over and the hope remains that you both can go your separate ways moving forwardHowever, if you fail and/or refuse to comply with this demand, Sky Blue will file suit against you seeking an injunction to stop further postings and seek damages for defamationWe prefer these stops not be takenSincerely, [redacted] Michael Merar