Public Mediation

My Claim vs. Capital Remodeling, Inc

M. S. vs. Capital Remodeling, Inc
7480 Candlewood Rd, Hanover, Maryland, 21076-3108, United States
Amount Involved: Other terms
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"In October 2015, I obtained several quotes from various companies to purchase 8 windows and a patio door. On October 15, 2015, a Sales Representative from Capital Remodeling, Inc., by the name of Shawn came to my home to promote and demonstrate his products.
After several hours of listening to him, I decided that I would accept his offer of $6,500.00 which was more than a lesser quote. I explain to him that I was accepting his offer only because I was impressed with how well he presented the product. He had shared with me his disability. Because, I have worked with individuals with disabilities, I was willing to help him out. We communicated very well together and I liked his personality. I told him that I would accept his offer only if I could have the windows installed before it got cold even though his quote was $300.00 more than another offer.

He promised that I would have the windows installed between November 25 & 26, 2015. At that time he asked me to provide him with available dates. We agreed on November 25, 2015. I gave him a check in the amount of $38.00 to show good faith to purchase his products. On Wednesday, November 18, 2016, I received a called at night around 7pm or 8pm from someone (a female) I asked her to call me back that I was in church. I did not get a call from anyone so I thought that she was calling me to confirm the dates we agreed upon for installation.
On Monday, November 23, 2015, I called Capital Remodeling to confirm my date of installation and was informed that the date I had agreed upon was not available. I asked to speak to a manager and was directed to Lauren. She stated that the next available date for installation would be December 15, 2015.

I informed her that I did not want to wait that long because the weather might be too cold for the windows to be open and that I was very busy getting ready for Christmas. She said that the office was closed on Thursday and Friday, (November 26-27, 2015) due to the Thanksgiving Holidays. She stated that she would try to make an exception for Saturday, November 28th. I informed her that I would be leaving town on that Saturday.

A few minutes later, someone from their office called my home and state that he was going to come to home on December 14th and tear all my windows out. I was very upset about the manner that he spoke to me and very frighten about his threat. I then called back to the office and reported what happen and was directed to the Lauren. I asked her if she knew who called my home and threaten to tear all my windows out. She told me that it was Ricky. I told her that if anyone came on my property without my permission, that I would have the police to arrest them. They have my address and I was so afraid of what that man was going to do. He had no right to threaten or display such bad and unprofessional behavior.

Later, in December 2015, Lauren contacted me and stated that it would be after New Year before they would be able to install the windows and stated that I should note January 4, 2016 on my calendar. I was trying to explain to her that if the weather was very cold (which it was 13 degrees) that I did not want my home exposed to that kind of weather. She did not listen to me and hung the telephone up on me. The staff that came in my home to take measurements was very unpleasant and ripped the plastic weather tape from my windows and left my blinds pulled all the up to the top of the window causing the cold air to enter my home to raise my heating bill. He actually broke the blinds on the kitchen window. He said nothing to me except that he was from Capital Remodeling to measure the windows and left without saying anything. Very rude.

In conclusion, I really feel very uncomfortable with Capital Remodeling staff in my home or even near me. I really do not wish to speak to any of them ever again. They have a great deal of so disrespect and inconsideration and very so rule and I no longer welcome or wish to deal with Capital Remodeling, Inc. At this point, I would like to disallow any of Capital Remodeling, Inc. staff to enter my home ever, again. I do not want to do business with a company that has disrespected me as a consumer, and has demonstrated such unprofessional and bad behavior.
You can reach me at 301-322-1039 for any questions you may have. My address email is mamiesmall@hotmail.com. I am looking to hear from you at your earliest.

Sincerely,
Mamie L. Small"
...
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Additional Communication Between Claimant and Capital Remodeling, Inc Hide
  • Feb 25, 2016, Capital Remodeling, Inc (responding party) added:

  • We responded some time ago but the message did not post. In regards to Ms. Small’s claim. Ms. Small signed an agreement for CUSTOM made windows and a custom sliding glass door on 10/14/15 with the APPROXIMATE installation dates of 11/25 to 11/26. A final measure was conducted on 11/13 and the custom windows and sliding glass door was ordered. When our installation department attempted to set installation Ms. Small hung up on them numerous times. Additionally, she hung up on our sales manager as well as our windows project manager. At all times we were courteous and professional; however, Ms. Small continued to hang up on us and/or ignore are calls. We offered her numerous dates for installation – just a few of those dates were – 11/28, 12/11, 12/28, 12/29,12/30 and 1/04. She rejected all of these dates and said she wanted to cancel. Importantly the contract states, “Dates to start and complete work are very approximate and vary due to weather conditions, production and material delivery times, financing, changes or addendums made to contract, and installation schedule times and there is no financial compensation or credits for variances in dates.” We were well within the terms of the contract, as the approximate dates listed on her contract are 11/25/15 to 11/26/15.
    Since then Ms. Small has refused to answer our phone calls. We have also sent letters (which we can provide copies of) as well as emails.

    Again, these are custom made products that cannot be installed anywhere else. Capital has invested thousands in payments to employees as well as ordering the products themselves. Ms. Small ordered these products and is attempting to unlawfully break the contract by refusing to allow installation. We encourage her to read the terms of the agreement which do state she is responsible for the balance of the project. The Home Improvement Agreement states the terms under the conditions of cancellation and default; “The merchandise listed on the front of and/or the attached order form is custom built to order and cannot be cancelled by the Buyer after the Right of Rescission period has expired. If Buyer cancels this order or otherwise defaults after the time permitted by law, and the products purchased hereunder have been ordered by Capital Remodeling, Inc., Buyer agrees that Capital Remodeling, Inc. shall be entitled to the entire contract price.”

    As for the complaint of a broken blind during measure. This claim is the first we have heard that anything was broken during the measure and if Ms. Small would discuss it with us we could seek a resolution. Unfortunately, she will not respond to any of our attempts to reach out to her. As for the claim that her house was cold because the blinds were left up. Had she asked the technician to close them, I am sure he would. We are unsure why she could not close the blinds herself to be honest and feel this complaint is yet another excuse for why she should not be bound to the terms of the agreement she signed on 10/14/15.

    We welcome the opportunity to speak with Ms. Small and finally resolve this situation

    All documents referenced in this response can be supplied upon request.

  • Feb 27, 2016, Claiming party added:

  • I find Capital Remodeling, INC's derogatory statements to be very offensive, unfair and disturbing. I made it crystal clear that I expected the installation on November 25 or 26, 2015 as stated on the contract. I planned my schedule to be available for installations on those two days mainly because I had already made other commitments ad obligations. I explained to Lauren I did want windows installed during the cold winter months to expose my home to the in and out traffic and the cold temperature.

    I telephone Capital Remodeling on or about November 23, 2015, to confirm that the windows would be installed on November 25 and completed on November 26, 2015 as stated on the contract that I agreed upon. At that time, I was told that those days was not available for my installations. I informed Lauren that I would be available on Friday, November 28th the day after Thanksgiving. She stated that the office would be closed Thursday and Friday in observance of the Holiday. Lauren stated that she would try to work something out for Saturday, November 29th. I informed her that I was leaving town on Saturday ,November 29th and was not sure the exact date that I would be returning due to out of state business. She then stated that December 15th would be the the only other day available for installation. I informed her that would not be an acceptable date for me.

    It was at that time that an employee by the name of Ricky called my home and threaten to come to my home and tear all my windows out. I was very upset and I, immediately, called back and spoke with a gentle about the threat and he transferred my call back to Lauren.

    I never mentioned the word "Cancel". Due to the fact, that Capitol Remodeling chose to contacted me on my cell phone and the fact that I am usually traveling, some calls were dropped and the location I was in do not provide good service . I never hung up on anyone as indicated in their response. However, Lauren hung upon me, demonstrating very poor professional and management skills. My home telephone was provided.

    Lauren telephone me at a later date and I informed her that she was going to schedule installation for January 4, 2016. I explained to her that I was not at home and did not have my calendar in my present and I was not sure of my availability. She state that she was going the set a date for January 4, 2016. When I attempted to explain to her that I was not sure if I would be back in town on that date, she expressed to me in a very angry and harsh voice that I was accumulating interest and late fees. When I asked her how could I be accumulating interest when it was Capital Remodeling fault because they have delivered the windows on the dates that was promised and agreed upon. Before I completed my conversation, she spoke to me in a very angry and rude manner and hung up on me. Since that time I have not spoken with Lauren nor do I wish to speak with her.

    I live in two locations and am not always available at Capital Remodeling convenience and time. The January 4, 2016 date was never confirmed and the temperature was about 10 degree.

    Capital Remodeling has not rendered good customer services and has made many false statements. Most of the statements made are not true. I never hung up on anyone. Since they choose to speak with me over my cell phone I was driving or out of state, some calls were dropped. Shame on Capital Remodeling for such bad and unprofessional behavior............

  • Mar 03, 2016, Capital Remodeling, Inc (responding party) added:

  • My previous response was in no way derogatory My response was completely professional. We do encourage her to re-read the terms of her contract. The fact that there is a legally binding contract remains, regardless of what accusations Ms. Small wants to make. We would love to set installation now as temperatures are much warmer. Unfortunately, the last time Ms. Small did answer the phone she said she never remembers when she is available so we were unable to set anything when temperatures did warm up.
    In regards to phone numbers. Here is a small sample of our call logs to Ms. Small. "NIS" stands for not in service. That is - her home # is never in service. "LVM on cell" means that we left a voicemail on her cell #. Again, this is a small sample of our calls:
    JZEIGLER | 01/15/2016 01:40 PM
    f/u 1/18 home invalid LVM on cell
    --------------------------------------------------------------------------------
    JZEIGLER | 01/18/2016 11:24 AM
    f/u 1/19 home invalid LVM on cell
    --------------------------------------------------------------------------------
    JZEIGLER | 01/19/2016 10:05 AM
    f/u 1/20 on setting install. home #nis LVM on cell
    --------------------------------------------------------------------------------
    JZEIGLER | 01/20/2016 12:18 PM
    f/u 1/21 on setting install. home #nis LVM on cell
    --------------------------------------------------------------------------------
    JZEIGLER | 01/21/2016 10:25 AM
    f/u 1/22 on setting install. home #nis. LVM on cell
    --------------------------------------------------------------------------------
    EDARU | 01/22/2016 10:44 AM
    f/u 1/25 on setting install. home #nis. LVM on cell
    --------------------------------------------------------------------------------
    JZEIGLER | 01/26/2016 10:10 AM
    f/u 1/27 setting install. home #nis LVM on cell
    --------------------------------------------------------------------------------
    JZEIGLER | 01/27/2016 09:46 AM
    f/u 1/28 setting install. LVM on cell. home #nis
    --------------------------------------------------------------------------------
    JZEIGLER | 01/28/2016 12:16 PM
    f/u 1/29 setting install. VM full on cell. home #nis
    --------------------------------------------------------------------------------
    JZEIGLER | 01/29/2016 02:01 PM
    f/u 2/1setting install. VM full on cell. home #nis
    --------------------------------------------------------------------------------
    JZEIGLER | 02/01/2016 11:32 AM
    f/u 2/2 setting install. LVM on cell. home #nis
    --------------------------------------------------------------------------------
    JZEIGLER | 02/02/2016 02:34 PM
    f/u 2/3 home #nis. cell call rang twice then went silent

    In addition to these calls we have sent letters and emails to the address where the work will be completed and the email she has given us. As per contract, if a customer does not allow installation he/she is in default. Ms. Small contends she never mentioned cancelling; yet she has ignored our numerous attempts to communicate and she has stated she does not want to do business with us. If she is not attempting to break the contract, then we need her to know what dates she is and is not available so we can select a date, most importantly, we need her to write or call or email or in any other way reach out to us- or even just answering our calls would work. This interaction is the first we have heard from her in months. We are happy to hear Ms. Small does not want to cancel and now that the temperatures are in the 60s we look forward to her answering our calls to set installation.

What Claimant Wants Hide
Just make me happy!
Claimant invites Capital Remodeling, Inc to make a fair offer.
1. Other – Pay for claim posting cost Feb 17, 2016 $7.99
Cash total : TBD
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:

  • "See response."

This claim will remain posted until resolved.

  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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