- Report: #952841
Report - Rebuttal - Arbitrate
Complaint Review: JD Custom Pools
JD Custom Pools141 S Main Street Pittston, Pennsylvania United States of America
JD Custom Pools Jeff and Anna Dunn Horrible Experience Pittston, Pennsylvania
*REBUTTAL Owner of company: Homeowner being sued for deformation of charactor for business and personal names.
The pool liner needed to be replaced after less than 3 months of use. We used the pool in the summer of 2007 (for less than 3 months) and JD Pools closed the pool for us in Sept 2007. The next year we attempted to open the pool and noticed the water level was extremely low. It was obvious that the liner had leaked over the winter. They wanted to charge me to replace the liner and I refused and documented my refusal in writing, of which I have copies. The liner had a so called "10 year warranty" and was less than 1 year old with less than 3 months of use the previous summer.
After arguing with them they finally agreed to install the new liner in late June 2008. The pool season in Northeast PA is only June, July and Aug. Several months later they sent me a bill for over $2000 for the replacement liner and their labor. I refused to pay it as I never agreed to this and the item was clearly defective and under warranty. They sued me and the local magistrate who is located two blocks from their store in Pittston, ruled in their favor without even considering the facts presented. This is typical Luzerne County corruption at its worst. The magistrate did a friend (or vote) a favor. I had to hire a lawyer to appeal
this ridiculous decision and that cost me $2000 in legal fees. I won the appeal but really lost as it took my time away from my family and cost me $2000 in legal fees.
The second issue was with a request for a quote for additional concrete around the pool. I showed the owner of JD Pools where I wanted the additional concrete and asked how much it would cost. After repeated requests for a written quote, which was never provided, they poured the additional concrete while I was out of town on a business trip. They then sent me an
invoice for $4009 which was almost 3 times the amount I estimated for the additional concrete and if I knew the cost would be this much I would not have had it installed as it was well over my budget. They never told me (verbal or in writing) prior to installing the additional concrete how much it would cost. The original pool installation contract clearly stated that any additional work above the pool installation requires a separate contract in writing. I have a copy of the original contract with the pool installation cost which was paid in full and where the note is clearly stated - additional work requires a separate written contract.
Since I never agreed to the amount for the additional concrete, I refused to pay the full invoice. I did pay them $1500 which is what I budgeted for the additional concrete but they wanted the full amount (the additional $2509) and sued me for the $2509. They included this in the same suit for the leaky pool liner of which I won on appeal. Again, the magistrate didn't even consider the facts and ruled in their favor. This again is typical Luzerne County corruption (friends helping friends or helping secure votes) at its worst. I refuse to pay JD Pools the additional $2509 for concrete. This judgment was sent to the Luzerne County Prothonotary. I refuse to once again pay an attorney another $2000 to appeal this decision.
I attest that the information in this document is accurate.
This report was posted on Ripoff Report on 10/09/2012 11:49 AM and is a permanent record located here: http://www.ripoffreport.com/r/JD-Custom-Pools/Pittston-Pennsylvania-/JD-Custom-Pools-Jeff-and-Anna-Dunn-Horrible-Experience-Pittston-Pennsylvania-952841. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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