Complaints

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• Initial Complaint

  Date:09/26/2023

  Type:Order 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.

  - Business owner will not return $200 deposit after two requests made by homeowner on September 13, 2023 and September 25, 2023 - On September 13, 2023 ****** Williamson (business owner) stated needed two weeks notice to request deposit back - Services were paused by homeowner on July 17, 2023 due to not wanting further in engage in services or sign a new contract that didnt seem legal and was not clear about pricing and billing due to extra staff which equals more charges being at business owners sole discretion without discussion with home owner - The previous contract was deemed null and void on July 13th after discussing that the terms were not satisfactory or clearly stated.

  Business Response

  Date: 09/30/2023

  The client signed a contract with me on May 31, 2023 for gardening services that would occur every other week. The rate of pay we discussed both in person and in the contract, that she agreed to, was $45/hour with the clock starting at 2 hours, so $90 base rate then $45 for each hour worked. I also collected a $200 scheduling deposit to hold her place on the schedule. In the contract, I stated that a two weeks notice is required to cancel services and the deposit will be forfeited if a two weeks notice is not given. 
  
  I collected this deposit and put this agreement in place because I was booking weeks out and putting aside every other Wednesday on the schedule for her meant that I was pushing other jobs farther out that I could have otherwise scheduled for those days. With a two weeks cancellation notice, I could fill the day she canceled without facing financial loss on that day.
  
  Several visits into the contract on June 20, 2023, the client did not pay me the agreed upon wage and only paid $45/ hour rather than $45 with the clock starting at 2 hours. On July 6, 2023, after the next visit (July 5, 2023), I informed her of the mistake, and said that it would be okay to skip it for the last time but going forward, she would need to pay the agreed-upon wage. She said that she didn't want to pay that wage and wanted to cancel. I told her that I appreciate her as a client and I was happy to drop the $90 (clock starting at two hours) but she would need to pay installation fees when she has me do drip line installation, planting etc like I charge other clients. She agreed to this and I agreed to write a new contract that reflected this but did not say that the other contract had become void at any point. The previous contract did not become void just because she no longer wanted to pay what she agreed to. On July 17, 2023, two days before our next scheduled day of service (July 19, 2023) the client said to hold off on services while she traveled so she could review the contract, effectively canceling the appointment for July 19 without a 2 weeks notice. She never contacted me again until September 13, 2023 when she sent a Venmo request for "Return of deposit", which I declined because she did not give me a two weeks notice to cancel services for July 19th or in an ongoing sense. I also sent her an email explaining that because she had canceled without a two week notice, her deposit had been forfeited as per the terms of our agreement. She did not reply to my email and followed up with another Venmo request two weeks later on September 25, 2023 for "Deposit refund not continuing working with you".
  
  The client did not need to continue services or sign a new contract with me but she did still need to give me a 2 weeks notice to cancel as per the contract she had already signed. Although she used the language "hold off on services" in her email on July 17th, she still effectively canceled services for July 19th without a two week notice putting me at a financial loss for that day because I was unable to fill the day with other work. The client also never informed me that she would like to cancel services permanently and just didn't contact me for two months instead then demanded that I return her deposit by way of a Venmo request. I would have happily returned her deposit had she given me a two weeks notice to cancel, as she agreed to when signing the contract.
  
  Regarding the new contract: I added a section stating that I could bring an employee at my discretion and the rate would remain $45/man hour, the same rate as it was previously. Adding an employee would not change the amount of work to be done on any given day but it would change the rate at which the work was completed, therefore, this change would not affect the cost to the client as completing a 4 hour job with person would be completed in 2 hours with two people. For example:

  $45/hour (1 person @ $45/man hour) X 4 hours = $180
  $90/hour (2 people @ $45/man hour) X 2 hours = $180

  
  The client had every opportunity to communicate any concerns or questions with me and chose to not contact me for 2 months instead. This change isn't unlawful and does not affect the client in any way and is, therefore, irrelevant.

  
  I also have no record of communication on July 13, or any other day, in which we determined the terms of the contract were not satisfactory or clearly stated or that the other contract had become null and void.
  

  
  

  Customer Answer

  Date: 10/03/2023

   
  Complaint: 20654465
  
  I am rejecting this response because:

  The contractors agreement to renegotiate the contract was her admission that the previous contract was ambiguous and therefore null and void. My deposit was not returned but I waited for her to send me a new contract in hopes that we could continue services. She sent a new contract many days later and did not give me adequate time to review the new contract before she could start working at what would have been our previously scheduled date. She did not notify me that she thought I was in violation of the previous contract and would not receive a refund of my deposit at any time.  I requested her to pause service so I could review the new contract which was filled with ambiguous and unclear terms of service. I expected my deposit back since I had not signed a new contract. When I had not received the deposit in two months, I reached out to the contractor requesting the return of my deposit for cancelled services.
  I do not believe the contractor has held onto the deposit and does not have it to return. My disabled mother cancelled services with her due to her ambiguous fee structures and it took her two days to return it. She returned her $200 deposit by leaving cash under a rock outside her front door instead of knocking on the door, mailing a check or any other secure means of returning her desposit.
  
  
  
  Sincerely,
  
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