Public Mediation

John Tramutola vs. Excel Pool Service

Pool Crisis. Please Help!

J. T. vs. Excel Pool Service
5500 US Highway 9, Howell, New Jersey, 07731-3728, United States
Amount Involved: $5,800.00
Complaint(s): Problem with a product
    • Claimant Seeks: View.
    • Claim #: 2540957
    • Amount Involved: 5,800.00
    • Filed On: May 19, 2016
    • Posted On: May 30, 2016
    • Complaint(s):
      • Problem with a product
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Statement of Claim
Claimant says:
"in March i hired Pool town (EXCEL POOL SERVICE) to replace my liner and add a line to increase water flow or circulation of water. They sub contracted the work to another pool company. Besides the mess they made and the fact they did not even put a hose in the pool to fill it up. Besides that there were many problems. 1st was the liner falling out of the top of the pool where it connects to the edging, 2nd was the many wrinkles that took days for them to come back and fix, which they eventually did.3rd and the most important was the discoloration in 4 different spots across the low end of the pool. Without even coming to inspect the problem the bosses son MIKE P. answered my call and told me its my fault and i did it with chemicals.An easy COP OUT for him. Unfortunatly for him we did not put any chemicals in the pool other than what his guys put in. Regardless it was not a chemical burn. The stains are in 4 sparadic spots throughout the low end. You can see the print behind the stain which is more proof its not a chemical stain. No matter what the case it's a problem. I called the credit card company to hold the charges until the situation is resolved. Few days later same guy MIKE P. called to threaten my livelyhood and let me know he's going to ruin me. Thats some customer service! The line they added to increase circulation was put in the wrong spot and not even hooked up. After the threat they sent there salesman DINO to see if he can mediate a resolution, to little too late. He changes his story from insisting its a chemical stain to factory defect. Ofcourse i have evidence of this on recording. With no mention of the pipe installed. Come to find out they installed this pipe wrong and that it will fail inspection. Either way this was their problem to handle, they could have gone many ways to fix it, they chose the wrong one."
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Additional Communication Between Claimant and Excel Pool Service Hide
  • May 30, 2016, Excel Pool Service (responding party) added:
  • The comments above were sent to you by Excel Pool Service. It's our response. Looks like it wasn't recognized as our response.

  • Jun 02, 2016, Excel Pool Service (responding party) added:
  • Liner out of track. That!s covered under warranty by Excel Pool Service.
    Excel will be calling you this morning to schedule the service.
    I will be waiting for the letter from a third party.
    And please attach the pictures for me to look at too.

  • Jun 02, 2016, Claiming party added:
  • Excel had there chance. Your company is not welcome on my property. Why in the world after all this do you think that would be possible. These communications have proven to be a waste of time. You have an offer which will be good till Friday. The letter from the other pool company just has to be picked up and sent in. Health issues have slowed me down some. And worrying about this has taken enough of my time. It seems you are very good at pushing it further and further, there will be no benefit to this. As previously stated I'm looking to resolve and be rid of this.

  • Jun 02, 2016, Claiming party added:
  • Excel had there chance. Your company is not welcome on my property. Why in the world after all this do you think that would be possible. These communications have proven to be a waste of time. You have an offer which will be good till Friday. The letter from the other pool company just has to be picked up and sent in. Health issues have slowed me down some. And worrying about this has taken enough of my time. It seems you are very good at pushing it further and further, there will be no benefit to this. As previously stated I'm looking to resolve and be rid of this.

  • Jun 02, 2016, Claiming party added:
  • Excel had there chance. Your company is not welcome on my property. Why in the world after all this do you think that would be possible. These communications have proven to be a waste of time. You have an offer which will be good till Friday. The letter from the other pool company just has to be picked up and sent in. Health issues have slowed me down some. And worrying about this has taken enough of my time. It seems you are very good at pushing it further and further, there will be no benefit to this. As previously stated I'm looking to resolve and be rid of this.

  • Jun 02, 2016, Excel Pool Service (responding party) added:
  • I do have a contractual obligation to warranty our work.
    Simply doing what we obligated to do based.
    We do understand our obligations.
    And I am willing to get the manufacturer involved as well.
    The manufacturer also has obligations.
    That letter you have will start that process.
    Because chemical damage is not covered.
    In the meantime please enjoy your pool.
    And feel better.

  • Jun 03, 2016, Excel Pool Service (responding party) added:
  • I am trying to understand why you think Excel is bullying you.
    1. Excel Pool Service completed the job based on the agreement you signed with them. Right or wrong?

    2. Excel completed the job within the time frame allowed. Right or wrong?

    3. Excel responded to a call you placed about a wrinkle in the liner. Excel removed the wrinkle. True or false?

    4. Excel responded to a call you placed about 3 white spots on the new liner. The General Manager came out himself and determined that the claim was not a manufacturer' s defect. You disagreed. And you asked your credit company to reverse the charges.with false claims. The company responded. True or false?

    4. You filed a complaint to BBB. With false claims. The company responded. BBB closed the case. True or false?

    5. You placed a negative review. With false claims. The company responded. True or false?

    6. You filed a complaint with people claim.com. The company responded. True or false?

    7. Now you are threatening with a law suit. Saying that it's only going to cost you $50 while it's going to cost the company a lot more. Who is bullying who? True or false?

    8. You claim you have a third party written report that the company feels can open the road to get the manufacturer involved in order to facilitate your claim. You did not respond. True or false?

    9. You did not forward the third party written report as requested. Is this the bullying part?

  • Jun 03, 2016, Claiming party added:
  • The 3rd party letter was attached to last communication. If not I will resend.

  • Jun 14, 2016, Claiming party added:
  • sent it too his personal email. Another company reached out to see if they could come see it. I said yes make an appointment. They never called back to follow up

  • Jun 14, 2016, Claiming party added:
  • sent it too his personal email. Another company reached out to see if they could come see it. I said yes make an appointment. They never called back to follow up

  • Jun 14, 2016, Claiming party added:
  • sent it too his personal email. Another company reached out to see if they could come see it. I said yes make an appointment. They never called back to follow up

  • Jun 14, 2016, Claiming party added:
  • sent it too his personal email. Another company reached out to see if they could come see it. I said yes make an appointment. They never called back to follow up

What Claimant Wants Hide
1. Refund: refund Jun 03, 2016 $5,800.00
Cash total : $5,800.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Mr. Tramutola had signed a contract with Excel Pool Service on 3/5/2016.
    On March 30th we had sent our installation team out to start the process of installing Mr. Tramutola's liner and run one new return line.
    To address issue one of complaint-A week after the liner was installed the homeowner called and stated his liner was out of track. At that time we sent a technician out to put it back in track on 4/19.
    To address issue two of complaint-A week later the homeowner noticed a small wrinkle in the shallow end, Not many wrinkles, as he had stated in his claim. At that time our General Manager, Dino had went out to address the wrinkles in the pool. Once he came back to the office we dispatched our technician to removed small wrinkle in shallow end on 4/28
    Address issue three of complaint-As Mr. stated he feels like third is the most important, the spots on his liner. The customers' reference to those spots had not been made till after our technician had went back to tuck the liner and also correct the wrinkle in the shallow end. Our General Manager also was out the beginning of that week to inspect the wrinkle with the homeowner and again there was no reference to the stains.
    Excel Pool Service maintains that we did not disperse any chemicals in Mr. Tramutola's pool. Chemical damage can either fade to white or leave some print behind, depending on how long and what chemical was used. In our professional opinion the spots are clear signs of chemical damage and not a manufacturers' defect.
    In reference to the line not being hooked up properly this is the first time Mr. Tramutola has even brought up his alleged issue. When the line was installed the homeowners' were home and had specified where the line was to be ran.
    At this point in time Excel Pool Service maintains they provided a product/service that met industry as well as company standards. Any issues that may have led to the staining of homeowners' liner is not due to any negligence from our company. "

This claim will remain posted until resolved.

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  • Contributed Solution: by J Petaluma On 08-21-2016
    Tricky situation - needs an independent inspection. More...
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