Complaints

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• Initial Complaint

  Date:07/29/2022

  Type:Billing 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.

  I had recently contracted Ray's Custom Granite to replace my kitchen countertops. Upon initial meeting we had agreed that we would need two slabs of quartz based on our estimated counter area, which was confirmed after their representative conducted actual measurements. Once we received the initial estimate and invoice we provided the agreed deposit. The vendor attempted to I contact me after business hours on a Friday but I was unable to respond till Monday. By then I had received multiple emails and texts with a negative and deragatory tone. The vendor made very personal negative comments and was insulting me via email and text. They had requested more money on Friday and they also stated they would be a few weeks late on the installation (we were notified a week prior to the install). The vendor then proceeded to cancel our order and even decided to charge us a fee, which was never discussed it included on any of our estimates or invoices previously. It took a few weeks to even receive our deposit back and only due to our letting them know we decided to pursue legal action. We received our deposit but it was short over two hundred dollars for a fee never previously disclosed. We now have no other option other than to take legal action to receive our full deposit back. The vendor was very negative and insulting to me and still refuses to return our money even though they decided to cancel the order in the first place.

  Business Response

  Date: 08/25/2022

  Business Response /* (1000, 5, 2022/08/01) */ An Estimate Was Sent To The Customer, She Was Advised That She Would Need 2 Slabs Of Material. The Warehouse Didn't Have The Material In Stock, It Was On Back-order. We Require Payment For Material Prior To Ordering. There Was A Glitch In Our Quickbooks System & The System Had Mistakenly Credited The Client's Invoice With A $1,200.00 Credit. The Customer Lied To Us & Claimed That She Had Made That Payment On A Credit Card. However We Do Not Take Credit Card Payments, Therefor We Knew This Was A Lie. We Looked Into The Quickbooks System & Found The Glitch. She Tried To Steal $1,200.00 From Our Company. While We Were Waiting For The Material To Become Available, We Sent A Guy To "Template" Her Kitchen, Per The Customers Request. Our Email States That The Template Fee Is Non-refundable, Our Website States That The Template Fee Is Non-refundable & Our Estimate States That The Template Fee Is Non-refundable. After The Template Was Created, The Customer Continued To Lie To Us & We Did Not Feel Comfortable Working With This Customer. She Called Her Contractor & Lied To Him As Well. She Also Asked The Contractor If She Could Use His $1,200.00 Credit (there was no credit, quickbooked applied payment to the wrong account). She Felt Entitled To Someone Else's Money, That They Had Paid us. We Advised Her That She Could Come Pick Up The Template That Was Created & Take It To A Different Fabricator To Be Cut. We Also Issued A Refund Check The Same Day! The Mail Was Returned To Us 2 Weeks Later, Due To 1 Number Being Wrong In The Address, So We Resent The Refund Check Out Again (same day). The Customer Then Claimed That She Had paid Us More Than She Actually Paid Us (another lie from her). She Wanted Us To Refund Her More $ Than She Had Paid Us. A Full Refund Was Provided To The Customer 3 Weeks Prior To Her Ever Mentioning Anything About "Legal Disputes". The Customer Paid $1,781.00. The Template Fee Was $263.60 Making Her Refund $1,517.40 She Demanded That We refund Her $1,845.20 (more $ than she paid) I Have Attached The Email, Where It Clearly States The Template Fee Is Non-refundable. I Have Also Attached A Copy Of Our "Estimate Invoice" That States The Template Fee Is Non-refundable. (this customer's invoice was voided, so I have sent a "jane doe" invoice, so you can see what is sent to all customers) Here Is The Link To Our Website, Where It Also Clearly States That The Template Fee Is Non-refundable. https://www.rays-customgranite.com/contact.html This Customer Is Upset That We Will Not Refund The Template Fee, Although We Have Advised Her That She Owns The Template (because she paid this fee) & She Is Welcome To Pick Up The Template To Take To A Different Fabrication Shop. The Only Person Who Has Spoken Down To Anyone Or Bullied Anyone Is The Customer Herself. She Cashed The Refund Check That We Sent Her, Now She Is Filing A Complaint About The Refund, Wanting More Money From Us. She Was Advised That She Has Been Provided A FULL Refund. She Isn't Happy That She Had To Pay For A Service That Was Provided To Her. She's Trying To Bully Us Into Working For Free. Please See Attached Communications. Consumer Response /* (3000, 7, 2022/08/08) */ (The consumer indicated he/she DID NOT accept the response from the business.) First and foremost, the template fee was never mentioned in any initial conversation nor on any of our estimates nor invoices (of which we have copies of as proof). The first we had heard of the template fee was after they decided to cancel the order. In her response, she claims the fee is mentioned on their website, but we never visited their website, nor were we ever directed to look there. We had heard about the vendor from a friend of the family who is the contractor in question (who had the credit with their company). We contacted them via phone and met with them in person. We had agreed on the quartz to be used when we met in person and even paid their down payment as originally arranged. We were notified much later of the error in the credit applied *which belonged to the handyman who referred us), in fact, we were the ones who pointed out the error to them. Since they were trying to use the handyman's credit, we reached out to him (since he is a longtime family friend), notified him he had credit with the vendor and made arrangements to pay him directly for using his store credit (since the vendor decided to apply the credit without notification to us or him). The handyman was in complete agreement and was agreeable to us paying him as he felt he would never be able to receive the funds from the vendor anyway. As for the mention that we "own" the templates, we are unable to use the templates as every other countertop contractor will only complete a job with their own template, not one from a customer. To say we "stole" from is not only absurd but slanderous. We received nothing from the vendor for our deposit and we simply want ALL our money back since they refused to complete the job. We have investigated the matter with various attorneys as well as civic agencies who all agree that their actions are indeed in violation of the agreement (since there was no mention in our invoice nor initial statement of work for a template fee and was only mentioned AFTER they cancelled the order). We have been advised that we are legally due the full refund based on the initial agreement. We have been cordial and have tried to handle the matter in a calm and professional manner, but we have been subjected to rude, derogatory, insulting and verbally abusive language from the vendor. We are trying to handle the matter without proceeding to litigation, even though we have all the confidence that we would win (as we were advised by several attorneys and agencies. We choose to proceed other avenues as we realize it would only bring undue financial stress on the vendor and only add to our already stressful experience with this vendor. We have everything stated in our complaint and rebuttal documented and dated in writing. The facts are listed above and we have the written emails, invoices and texts to corroborate everything we have stated. Business Response /* (4000, 9, 2022/08/09) */ These Are More Lies From The Customer & A Prime Example Of Why We Did Not Feel Comfortable Working With Her. The Customer Has Stated In Her Reply That The Contractor Had A "Store Credit". (this in NOT true!) There Was Not A Store Credit. What Is True Is That She Contacted The Contractor & Asked Him If She Could Use His $1200.00 Credit. The Contractor Contacted Us (as we do a lot of business with this contractor) He Was Confused As To Why He Would Have A "Credit" With Us. We Explained That He Did NOT Have A "Credit". We Explained There Was A Payment Made For A Different Customer Of His & Quickbooks Applied It To This Clients Account. Anyone Who Understands Quickbooks, Knows That When A Payment Is Made, Quickbooks Applies The Payment To The Open Invoice. ( 2 invoices were open for the same amount & quickbooks applied the payment to this customer's bill ) The Invoice That The Payment Was Applied To Happened To Be The Wrong Customer (customer A paid but the payment was applied to customer B). There Was Never A Store Credit. It's Also A Lie That This Client Brought The "Payment" (or credit as she continues to call it) To Our Attention. What Caught Our Attention Was The Customer Lying & Stating That Her Husband Had Made This $1200.00 Payment Via Credit Card, When We In Fact Do Not Take Credit Cards. We Did NOT "Decide" To Apply Payment To The Wrong Account", There Was A Glitch In The System. Mistakes Happen, Computers Are Not Perfect & As Soon As We Noticed The Mistake, We Corrected It Immediately! As Far As The Template. Every Fabrication Shop That We Know Of & Have Worked With In The Past, They All Take Templates. Contractors Bring In Templates To Be Cut All The Time. Customers Bring In Templates To Be Cut All The Time. This Is Yet Again, Another Lie From The Customer. (saying no fabrication shop will accept a template that is not created by their company). We Have Sent 2 Other Customers To A Different Fabrication Shop To Get A Template Cut, When Our Machine Was Being Serviced. Their Countertops Were Cut With No Problems. So The Statement That A Fabrication Shop Will Not Accept A Template Other Than Their Own, Is NOT True. As Far As The Full Refund That Was Provided To The Customer ... Per Florida Law A Business Does NOT Have To Offer A Refund / Return Option. It Is Up To The Business To Decide To Offer Refunds / Returns Or Not. If A Business Chooses To Offer A Refund Option, It Needs To Be Posted At The Register, Where Payments Are Collected. (we have our policy posted, per FL regulation) Every State Has Different Laws On Refunds / Returns. There Is Also Case Law "From The Supreme Court" Regarding Refunds & Refund Checks. Per The Supreme Court A Refund Check Is A Legal Binding Document! Once A Customer Cashes / Deposits A Refund Check, The Customer Is Agreeing To The Amount Refunded Back To Them. The Memo On The Check Stated That The Check Was For A Full Refund. An Email Was Also Sent To The Customer Advising That The Check Was For A Full Refund & We Broke Down The Refund Amount For The Customer. Just As I Broke It Down In Our Last Response (along with the emails I previously attached for your viewing). The Check Was Written & Mailed To The Customer On 6/20/2022 . The Check Was Returned Due To 1 Number Being Wrong In The Address. The Check Was Then Re-sent Via Mail & The Customer Deposited The Refund Check On 07/14/2022. Per Florida Law, Once The Customer Deposited The Refund Check, The Customer Is "Agreeing To That Refund Amount". If The Customer Was Not Happy With The Refund Amount That Was Provided, The Proper Thing Would Have Been To Send The Refund Check Back To Us With A Note Stating That She Was Not Going To Accept That Amount. However, She Did Not Do That. Instead She Deposited The Check, Meaning She Accepts That Amount As The Refund. Once She Deposited The Check, It Was A Legal Binding Contract. She Is Welcome To Pay Attorney Fees & Try To Get More Money From Us, However Florida Law & The Supreme Courts Have Very Detailed Rulings On Situation Like This. She Is Not The Only Person Who Has Consulted With An Attorney. We Provided Our Business Attorney All Of Our Communication With This Client, Along With A Copy Of The Refund Check That We Provided Her. We Have Been Advised That We Have Broken No Laws. As Previously Stated, She Can Pick Up The Template That She Has Paid For & She Can Take It To A Different Fabrication Shop. We Advised Her That We Would Hold The Template For 90 Days (3 months) From The Date That We Issued Her Full Refund. Consumer Response /* (4200, 11, 2022/08/18) */ (The consumer indicated he/she DID NOT accept the response from the business.) Good afternoon, We have plainly stated the facts as they have also been documented in writing. Contractual law is clear that payment terms and charges are to be listed in writing prior to a projects end. The only notification we ever received regarding their fee was after they made the decision to cancel the order. This has been well documented. While the vendor chooses to continuously slander us with libelous statements, we will stick with the facts as previously stated. As for the law references the vendor has chosen to state, although quotes incorrectly, The matter at hand is a civil matter which is governed by state and municipal law. As for the template they continue to use as the reason for keeping our money, it is useless. We have spoken to several other vendors and all have stated they would need to create their own template as they are unable to guarantee the accuracy of the template this vendor created. We were also informed by ALL the other vendors that it is common practice that a vendor would ONLY use their own template. Our hope is that any future prospects are aware of the unethical and dubious business practices of this vendor.