• Report: #710424

Complaint Review: cooks Portable Warehouses

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  • Submitted: Sat, March 26, 2011
  • Updated: Fri, April 22, 2011

  • Reported By: Cathy B. — Umatilla Florida USA
cooks Portable Warehouses
P.O.Box 687 Anna, Indiana United States of America

cooks Portable Warehouses COOKS PORTABLE WAREHOUSES REFUSES TO REFUND DEPOSIT, AFTER ITEM WAS PAID OFF Anna, Indiana

*Author of original report: Dishonest Practice

*Author of original report: Deceptive sales practice from Cooks

*Author of original report: Deceptive sales practice from Cooks

*Author of original report: Deceptive sales practice

*Author of original report: Cook Sales requires a deposit down payment to secure a building order.

*Author of original report: Cook Portable Warehouses dishonorable practices.

*UPDATE Employee: Refund Dispute & Company Policy

*Author of original report: Cook Portable Warehouses Failure to Refund a Refundable deposit.

*Author of original report: I have a Contract,and Letter of Pay off

*Author of original report: I have a letter from the company , that states shed is paid in full.

*Author of original report: Cook Portable Warehouses Failure to Refund a Refundable deposit.

*Consumer Comment: Refundable?

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On April 29, 2008 I went to Big Game Outdoor Pro Shop

37920 State Road 19, Umatilla, FL 32784 ph: 352-669-7900 to purchase a Cook Portable Warehouse. I placed an Order with the Representatives to purchase a Cooks Portable Warehouse I made a deposit of 244.45 in the form of two money orders 100.00 that would be a refundable pick up deposit and one for 144.45 to cover delivery and set up charges. Representatives placed my order and sent in the 244.45 to the company, I then returned one week later on May 6 to sign the contract for the Purchase , I made my first payment of 157.53 in the form of a Money Order #0081 as required by the company, And received my payment book and a copy of my contract. My Shed was to be delivered in one week on May 13, however there was a delay in the delivery of my shed as it had to come out of Adel, GA instead of a local Dealer lot and I did not get my shed until 5 :00 p.m. May 26, 2008. I sent the second payment out on the morning of May 26,2008 check # 1576 in order for my payment to be in Indiana before the May 31 due date. Then on June 1, 2008 I made another payment in the form of a personal check # 1580 and again a payment on June 26 check # 1598 so that each of my payments would always be 1 month early instead of late and every month there after for the next 33 months made payments on the first of each and every month. My Last and final payment in the amount of 157.53 was sent out on March 1, 2011 in the form of a Wachovia Bank Cashiers check for the expedited final payment & refund of my pick up deposit for a total of 36 payments, Now the Company is refusing to refund the 100.00 pick up deposit fee I have paid instead insisting I owe for a final payment..


This report was posted on Ripoff Report on 03/26/2011 04:44 AM and is a permanent record located here: http://www.ripoffreport.com/r/cooks-Portable-Warehouses/Anna-Indiana-62906/cooks-Portable-Warehouses-COOKS-PORTABLE-WAREHOUSES-REFUSES-TO-REFUND-DEPOSIT-AFTER-ITE-710424. 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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REBUTTALS & REPLIES:
10Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Dishonest Practice

AUTHOR: Cathy B. - (USA)

As anyone can see the company admitts to the  244.45 fee ( 100.00 advance pick up fee & 144.45 set up & delivery fee)  paid at closing of the contract, They also admitt to collecting a minimum  order fee ( in the amount of one months rent to be applied to purchase price ) ,both of those payments are in the form of a M.O. not a personal check or, credit card payment or even a dealer check. This company kept both the initial order fee, never applying it to purchase price and also kept the advance 100.00 pick up fee in my case this amounts to 257.53 yet pay off for the contract was 86.56 I was entitled to a $170.97 refund as I personally made all of my payments direct to the company.
Then to show the double talk of this company the manager tells me they have a different method of book keepingin that all payments recived inthe same month are grouped together, yet that too was a lie , as I made the order payment in April and closed in May. Then they lump together a personal payment and the closing fees  in one payment
They want me as the customer to prove the dealer sent in the order and closing fees. I sent the proof yet they say the dealer made it up after the fact as the dates are not correct.Then they say the shed closing fees and the shed was delivered on the same day, again not correct because I never paid the driver any money and the shed had to come from a different State and was not delivered for 20 days after the closing fees were paid.However with all this said all of their doccuments have the same date as the closing date. This company is scamming people and many people do not remember the fees paid nor do they always keep the records I have kept.
If all I ever paid this company was the 244.45 closing fees , What happened to the order fee they claim to charge before an order can be made?
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#2 Author of original report

Deceptive sales practice from Cooks

AUTHOR: Cathy B. - (USA)

Irreguardless of dates on contracts , delivery of unit , the total due on contract was $5,671.00 I have paid based on their figures I have paid to them a total amount of $5,751.70 yet this company still refuse to refund the over payment.

I have proof from their former dealer of amounts paid in advance and witnesses to the transaction.
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#3 Author of original report

Deceptive sales practice from Cooks

AUTHOR: Cathy B. - (USA)

PLEASE Note in the above statement of the employee, there is an order deposit of one months rent to be applied to contract of 36 payments or refunded if oder is not complete. Plus there is a 100.00 refundable pick up fee in the event the contract is completed and shed is not returned or reposessed. Well if I as the consumer make 36 payments and the inital deposit of one months rent , that amounts to 36 paymnets making my contract of 36 payments paid in full  and therefor would be entitled to the 100.00 refundable pick up deposit. However in the case of this company ,, they want 36 payment plus the original payment making 37 payments  not 36 for a lump contractual sum , however there is not penilty for an earely pay off which I in fact met in 34 months.

In their paperwork or book of payments there are only 35 payments to be made 7 sheets of 5 payments each. meaning they always keep the initial order payment and also the 100 refundable 100.00  pick up deposit  that is included in the 244.45 payment or require a 37th payment in order to complete the sale.This is in every sense of the word dishonest and a deceptive practice by this company.

Consumers of Portable warehouses should be ware of this company and take note of this , making sure you keep every slip of paper even those you make to their represenative dealers as the dealers are accused of not submitting funds as required and there for customers again are held accountable for the initial funds. This company is bad news for all concerned , Dealers and consumers.
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#4 Author of original report

Deceptive sales practice

AUTHOR: Cathy B. - (USA)

This person admitts to the fact a deposit in the amount of a months rent is required to submitt an order for a personal shed. Dealers tell customers this payment is applied as one of the 36 payments  to attain the contract amount.This person admitts to this fraudulent and deceptive practice of not applying the money as a payment to customers contract. In the contract there is no penalty for early  pay off In my case I  over paid the total amount  in 34 months in the amount of 244.54 and based on the finance charges and early pay off was entitled to the refund of the 100.00 pick up deposit as well as the over paid amount plus the intrest of 2 months payment .

However this company made a decision to keep the over paid amount as well as never applying  Order Deposit as a payment as stated by the employee I made each and every payment without fail early . Yet was treated to this abuse from a deceptive and non honorable  company of bad business practices. I certainly feel everyone of their Dealer Reps, and potential customers should be made aware of this practice in order to make a choice to do business with a more honorable company.
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#5 Author of original report

Cook Sales requires a deposit down payment to secure a building order.

AUTHOR: Cathy B. - (USA)

Cook Sales requires a deposit down payment to secure a building order. That small down payment is in the amount of one months rent based on the shed customer ordered,and to be applied as a payment  on contract.  Then upon SIGNING OF THE CONTRACT the remaining fees totaling 244.45 is collected . BOTH OF THOSE PAYMENTS ARE SUBMITTED BY THE DEALER/ REP to Cooks  (not by the customer )Apparently those two payments were made to your company as my shed, was in fact built and delivered. . It is noted on their legder as the three payment dates  initial order deposit on April 29, Closing cost May 6, and second payment on May 30. IT IS NOT MY DUTY AS THE CONSUMER TO PROVE THE DEALER PAID THE PAYMENTS TO YOUR COMPANY. I as the consumer can only surmize those initial payments were submitted as my shed was built and delivered I then paid the remaining 35 payments directly to the company in a timely manor.

Having calculated all payments your company has recieved on my behalf ( from the payment history you sent to me  )  you have been paid $5,915.00 on a contracted amount of $ 5,671.00 so not only am I due the 100.00 refund but a refund of the over payment of 244.45 as my contractual obligations to you have not only been met but exceeded. 
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#6 Author of original report

Cook Portable Warehouses dishonorable practices.

AUTHOR: Cathy B. - (USA)

To Whom it May Concern,
Over the past three years I have done business with Cooks Portable warehouses in Anna, IL.
It will become evident with supporting documents this company engages in dishonorable business practices.
It is a practice of this company to require an Order deposit equal to one month rent, to be applied as a payment at the end of  your contract period,  then at contract signing other fees including a refundable 100 dollar deposit is required.In this contract a person may at anytime purchase their shed, for a lump sum , and 55 percent of the payments made will be applied to purchase of shed. I am including a company of the contract .
Each of the initial payments are paid by money  order to the dealer rep and the dealer rep submits the first two payments followed by 35 additional payments to equal 36 payments over a 36 month period.
At the end of the contract it has become my experience to now as the customer to prove the dealer did in fact make those payments and have copies of the payments they submitted on my behalf as a customer. Without copies of those payments the company has refused to refund my deposit . It is apparent to everyone involved the payments were in fact made by the dealer other wise the shed would never have been delivered.It is not up to me to over see the Dealer sends the payments in I can only guess the payments were made on my behalf as the shed was in fact delivered. I have made 35 direct payments as well as the initial order payment to be included as a payment on contract amount totaling 36 payments  as required
.It is also evident in the payment ledger that as the customer I made every single payment without a late fee and in fact were 60 days early,   their ledger  from the very start was incorrect ,  as  their ledger shows payments late every month yet never charged me a late fee, and as stated by them numerous times it is a matter of interpretation. There is no interpretation in amounts paid or dates of canceled checks, While my check number 1576 is dated May 27 and canceled on May 30 but never listed as a paid item in the payment ledger  except as a  combination with the  2 initial payments made by the dealer. on my behalf . on April29 & May 6 2008.
In my case my contract was in the amount of $5,671.00 as you can see from their inaccurate ledger I have paid to this company a total of 35 payments plus the initial payments of 401.98  for a total amount of 5,915.00   I have requested a refund of my over payment and the 100.00 refundable deposit, and the company has refused to send my refund as they do not acknowledge the 401.98 payment from the Dealer Rep. I have documentation for each and every payment I have made and have full filled my obligated payments including the initial order payment via the Dealer  it is also acknowledged as having been received  on the company's payment ledger..
It is now my desire for this company and their practices to be investigated for the way this company  cheats their customers out of their initial payments PAUD THROUGH THEIR DEALER /REPS  or require them to submit final additional payments. It is also noted that this is a practice of this company as it has been documented on several web sites as  a rip off company for dishonorable practices.
As a disabled person feel other consumers should be protected from this type of business practice and our only recourse is through  the Consumer Protection Agency of your State.
I would hope your office will assist me in obtaining my over payment and refundable deposit.
In the future  acknowledge this company  does in fact attempt to use poor record keeping to refuse customer  refunds.
 
Thank You,
Cathryn C. Buchanan
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#7 UPDATE Employee

Refund Dispute & Company Policy

AUTHOR: Collections Manager - (United States of America)

First allow me to state without question that the consumer who has filed this complaint has been a perfect customer and we regret her disappointment at the very end of her lease agreement.  

In an effort to resolve her complaint we have provided the consumer a complete payment history displaying every payment received, the check or money order number and the amount paid. Unfortunately, without her assistance providing documentation to prove we have made an error, our records indicate the customer made only 35 monthly rental payments on a 36 month agreement.

A few corrections: 1) our Company address is in Anna, Illinois (not Indiana).  2) in the beginning the consumer did pay $244.45 ($100 deposit, $135 delivery, $9.45 tax on delivery).  Our records indicate this down payment was made using a money order ending in the last for digits #0081 (it was not $157.53 as the consumer suggests as far as our records indicate).  

The consumer then made two payments of $157.53 within six days around the time her first payment was due beginning with check number 1576.  This put her account one month ahead for the duration of the agreement where she paid approximately every 30 days for 33 more months (2+33=35).

We have acknowledged that our records may be incorrect.  We have provided those records to the consumer for her review.  We wait for her documentation and if received will carefully review it.  If we conclude from the evidence provided that we have made an error it will be corrected with our apologies.

Company Policy: Refund of deposit: As is the practice of many companies, Cook Sales requires a deposit down payment to secure a building order.  This demonstrates the consumer's true interest in our product and justifies the effort and expense the Company undertakes to fill the order.  A deposit can be refunded in whole or in part under the following circumstances: 1) order cancelled prior to delivery, 2) customer fulfills the terms of the lease for account payoff with a lump sum, which meets a quoted price by a specified date or through completing payments on a 36 month lease-to-own contract, 3) other circumstances, for example, as determined by management such as a documented issue involving materials or workmanship, which cannot be satisfactorily resolved. 

Otherwise, a deposit can be used for other purposes.  For example, the lease can be terminated by the consumer at any time and the building made available for repossession.  Under the lease, the deposit is used to pay for the cost of repossession.  In the case of this complaint, the Company determined the consumer had failed to make the 36th payment under the lease.  The majority of the deposit was used to cover the shortage and a portion refunded to the consumer.

We appreciate this opportunity to explain our side and look forward to resolving this complaint in a fair, just and swift manner.
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#8 Author of original report

Cook Portable Warehouses Failure to Refund a Refundable deposit.

AUTHOR: Cathy B. - (USA)

I have a letter from the company that states my shed has been paid in full , ^ Thanking me for my business, They have decided not to acknowledge my very first payment made to their rep/ dealer. and have chosen instead to keep what they called a pick up deposit in the even I defaulted on the contract , Obviously I did not default on the payments and have paid in full with no late fees ever . I paid 36 payments  of 157.33 in 34 months ( contact was for 36 payments in 36 months ) There was an initial non refundable set up and delivery fee of 144.45 and a 100.00 refundable pick fee. as per their contract. The shed is now paid off , therefore will not be picking up my shed. How can they turn a refundable deposit into a payment especially when I have paid the shed off in full  and have a letter from the company that states that fact. 
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#9 Author of original report

I have a Contract,and Letter of Pay off

AUTHOR: Cathy B. - (USA)

The Contract states the 100.00 is a refundable Pick Up Fee .to be refunded in the event no pick up for non payment is required.
I have met the payoff obligation, the Contract was for 36 payments  I have made 1 as an initial payment to the Dealer / Rep.  and 35 directly to Cooks, for a total of 36 payments.
Cooks is now claiming first payment was never  sent by dealer rep and is now applying my refundable deposit to cover the 36th payment .
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#10 Author of original report

I have a letter from the company , that states shed is paid in full.

AUTHOR: Cathy B. - (USA)

There is no question I have met all my obligations with this company. They are at this time accusing the Dealer Rep of not submitting my initial payment and has decided to keep my deposit .the Contract was for 36 payments I have made 35 directly to company and 1 payment to Dealer / Rep.
that Cooks now refuses to honor as a payment. and is choosing to keep deposit  for that initial payment .
The Company  would not have delivered my shed if the payments had not been paid in the begining
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#11 Author of original report

Cook Portable Warehouses Failure to Refund a Refundable deposit.

AUTHOR: Cathy B. - (USA)

My Shed has been paid off in  35 months. The company refuses to refund the 100.00  Refundable depost as promised in my contract.
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#12 Consumer Comment

Refundable?

AUTHOR: Robert - (U.S.A.)

What do you have in writing that states it is refundable, and other what conditions?

It sounds like it may have been a case where it was only refundable if you didn't complete the sale in the first place. 

But even if you do get it back at the end, deposits generally can't be used for payments.  Unless it is something like a security deposit and you are delinquent.  That is you have to actually complete the contract and then you get the money back.  You can't just say I am current and only owe $100 so let them take my deposit of $100...unless it says that in writing.
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