What should I do about my fence?

[karinothing]

Okay so long story, we replaced our chain link fence. I first called the company in February and they FINALLY came out to do the work in April. Fence was supposed to be 42 inches and they made it 35-38 inches. This is significant only because there is a  9 foot drop on the other side of the fence and I like the taller fence for safety reason. Day fence was built I came home and immediately emailed my contact. He called me the next morning and we drew up a new contract to repair the fence. I signed it and emailed it back w/in 24 hours. I have not heard from him since. I have emailed, called and texted multiple times. I even called the main office and they put me through to his VM. No call back. 

In May I got an invoice for the 50% balance that we hadn't paid. I immediately emailed and the billing department and told them I was not paying until things were fixed. They said okay and that they would have someone contact me. Surprise! No one did.

I Called customer care and spoke with someone who said they didn't see my new contract in the system (it had never been put it) and said that they would call my contact and speak to him and call me back same day. They never called me back. I called and emailed a few more times and gave up. Last week I got another call from billing asking why I didn't pay. They said they understood and would have someone get in touch with me in 24 hours (no contact).

How should I proceed. I don't want them to send me to collections. I don't want to pay. I don't even want the to fix the fence at this point because I am over dealing with them.

[ECB]

First, speak to someone higher up. "Billing" clearly isn't going to help you.

Second, threaten to blast them on social media.

This is ridiculous.

[hazelden]

I would just keep telling them that you can't pay in full until the work is completed to your satisfaction.

Something similar happened to my parents with their driveway and the contractor eventually just dropped it and acceped the 50% downpayment as payment in full.

[FastHands]

Is the shorter fence acceptable (if not ideal)? Like if you moved in with this house, would you keep it rather than the hassle of redoing? If so I'd KOKO and they'll fix it when they want their money. If it's truly unacceptable I'd threaten to put them on SM and/or pursue legal action until I got an acceptable response/resolution.

[schrodinger]

Since you emailed it, I assume you have a copy of the contract? Can you send that directly to someone in billing so they can enter it or can they give you an email address of someone that can email it?

[winecat]

I'd be sending a letter documenting what happened and when via certified mail.

[meowmaps]

I’m fuming on your behalf.

Is there a way to show up in person at an office? I’d be tempted to nip this in the bud once and for all.

[mags]

Fill out a complaint with the BBB on line. Always works for me fairly quickly!

[ssmjlm]

Oh wow I remember when you first posted about this! They still haven’t fixed! I can see your frustration.

I would probably escalate and document every contact and otherwise say you’ll be requesting that the job is closed so you can find another company to finish the job.

[Deleted]

I would have another company come out to quote the repair. Tell the first company you've gotten x quote to fix their mistake and will be deducting it from monies owed unless they come out and make good on the contract by X date. I would also state that I would need another contact ASAP and email them the new contract that was never uploaded. Write down exact time, dates, and persons you spoke with so you have that going forward while it is fresh on your mind.

[Deleted]

Have you kept a record of correspondence? If you're not recording your calls, start emailing follow up summaries of phone calls you're having with people. Request everything in writing at this point.

[tacokick]

Can they fix it or do they have to completely re do it?

[isabel]

Jun 29, 2021 16:30:50 GMT -5 winecat said:

I'd be sending a letter documenting what happened and when via certified mail.

This. I would want something that shows proof of what happened and that you notified them through a documented channel. That way if they send you to collections, you have a way to fight it.

[karinothing]

Jun 29, 2021 15:02:59 GMT -5 ECB said:

First, speak to someone higher up. "Billing" clearly isn't going to help you.

Second, threaten to blast them on social media.

This is ridiculous.

I have talked to the highest up person I can get (the head customer care person). It does not seem to matter.

[karinothing]

isabel, winecat,Thanks. I can send a certified letter. That sounds like a good idea. I am not exactly sure where they accept mail (They don't list any address on their website) but I can send it to the address that shows up on google.

tacokick, umm so complicated question. There idea is to put a riser piece on the bottom and raise the entire fence up.

@stevia, I haven't recorded calls, but I of course have a record because I have been sending emails. And I know when I called and spoke to them.

meowmaps, I am not really sure about their in person office. They don't list addresses on their website. The google address is 45 minutes away so I don't just want to show up. When I talked to the lady last time it seemed like no one was in the office due to Covid (this is why she told me they were having trouble talking to me because everyone was sick and not in the office).

[raleighnc]

If you don't want the riser, you should might as well insist on replacing the whole thing.

At this point, can you just file in small claims court to get your initial 50% payment back?

[seeyalater52]

Jun 30, 2021 6:58:24 GMT -5 raleighnc said:

If you don't want the riser, you should might as well insist on replacing the whole thing.

At this point, can you just file in small claims court to get your initial 50% payment back?

This is what I would do. The riser solution sounds half assed. It sucks but they made a big mistake and they owe you what you paid and contracted for. Small claims court would probably be the fastest way to do this (after sending the certified letter etc, and I would note your intent to sue) and the case should be fairly straightforward if you have the documentation, which it sounds like you do.

[ECB]

Jun 30, 2021 5:06:06 GMT -5 karinothing said:

Jun 29, 2021 15:02:59 GMT -5 ECB said:

First, speak to someone higher up. "Billing" clearly isn't going to help you.

Second, threaten to blast them on social media.

This is ridiculous.

I have talked to the highest up person I can get (the head customer care person). It does not seem to matter.

😡 clearly there is someone higher, but they won’t let you talk to them. So sorry you’re dealing with this.

[RoxMonster]

I agree with certified letter, and if nothing happens, taking them to small claims court.

Unless you are happy with the riser situation, I would require them to do a whole new fence. They messed it up and now sound like they want to half ass a solution. No, I get the fence I ordered and paid for. Done correctly.

[karinothing]

I emailed the billing department again because they are the only ones that response to me and they called me back w/in 3 minutes of the email. She is sending my email up the chain and said she will work on getting me a credit. I told her I Have zero desire to work with her company at this point. I will give it a week and send a certified letter.

[tacokick]

Jun 30, 2021 8:36:44 GMT -5 karinothing said:

I emailed the billing department again because they are the only ones that response to me and they called me back w/in 3 minutes of the email. She is sending my email up the chain and said she will work on getting me a credit. I told her I Have zero desire to work with her company at this point. I will give it a week and send a certified letter.

Good luck. Honestly, I think you’d be within your rights to ask for a full refund. They installed the wrong fence.

[whattheheck]

If you are willing to accept the fence they installed for the 50% you paid I would send a certified letter giving them ten days to either accept that deposit as payment in full for the incorrect fence or to completely install the fence contracted for. Under no circumstances would I pay the full amount for a "riser." If that is acceptable to you come up with an additional amount you are willing to pay for that (additional meaning in between the deposit and the full amount) and give them ten days to implement that option. When they send you a bill is there an address on the invoice? Also - if they are a LLC or Corporation most states have a registry where there is listed a registered agent to receive correspondence.

[karinothing]

Jun 30, 2021 16:15:12 GMT -5 whattheheck said:

If you are willing to accept the fence they installed for the 50% you paid I would send a certified letter giving them ten days to either accept that deposit as payment in full for the incorrect fence or to completely install the fence contracted for. Under no circumstances would I pay the full amount for a "riser." If that is acceptable to you come up with an additional amount you are willing to pay for that (additional meaning in between the deposit and the full amount) and give them ten days to implement that option. When they send you a bill is there an address on the invoice? Also - if they are a LLC or Corporation most states have a registry where there is listed a registered agent to receive correspondence.

Thanks! That is a good idea regarding the letter and the ten days. I will give then until the end of the wk to contact me and then go ahead and write that up.