• Report: #447952

Complaint Review: Stewart Enterprises LLC

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  • Submitted: Fri, May 01, 2009
  • Updated: Tue, January 11, 2011

  • Reported By:Severna Park Maryland
Stewart Enterprises LLC
156 Richie Highway, Suite 1 Severna Park, Maryland U.S.A.

Stewart Enterprises LLC Unlawful billing and collection issues Severna Park Maryland

*Author of original report: Harry Earl Lindsley served by Circuit Court Anne Arundel County

*Author of original report: Update December 2010, Harry Earl Lindsley, Stewart Enterprises, LLC

*Author of original report: Judicial Action against Stewart Enterprises

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BBB complaint #36034805
Link to compalint is below:
http://app.greatermd.bbb.org/complaint/view/36034805/c/dr948p.

On 8-11-08 Mr. Stewart of Stewart Enterprises came to my residence to repair warranty work on a previously installed sliding glass patio door. His labor charges were $90.90 and he was written check #1262 the same date for the labor charges. He provided a receipt of payment. There has been no further communication with Stewart Enterprises until:

On 2-7-09 I received a bill from Stewart Enterprises stating that I not only owed $90.90 for the labor for repairing the door, but also a late fee of $29.90 for 30 days past due, a 2% service charge for November 08, December 08 and January 09, total charges were now $127.25.

On 2-9-09 I contacted Stewart Enterprises asking to speak with Mr Stewart, whom I have had an outstanding relationship with for many years. Harold Lindsley, who stated he was now the President of the company, refused to let me speak with Mr. Stewart. Mr. Lindsley further stated that I could lodge any complaints with him. I advised Mr. Lindsley that I did not appreciate his billing practices, first for charging me a late fee, and then three 2 percent late fees for three months for a service that I had previously paid. Mr. Lindsley said that he was trying to re-coup fees and charges that he believed were stolen by a previous employee.

I feel the practice of recouping fees from an employee who embezzled funds by billing conscientious paying customers is a poor business practice, especially since there were no prior bills sent by Mr. Lindsley for over 6 months.

Mr. Lindsley asked that I provide him a copy of the check #1262, paying the account and I refused to mail him a letter, but said he was welcome to stop by and review a copy of the check. He then refused to stop by or send me a retraction letter of the charges. My refusal was based on his poor business practice of attempting to collect stolen proceeds from paying customers, his unprofessional demeanor on the telephone, and his refusal to submit a letter retracting his charges that I did not pay the account.

Except for warranty work for the windows and doors Stewart Enterprises has previously installed, I will not do any further business with Harold Lindsley, President of Stewart Enterprises.

On 3-5-09 I received another letter from this company regarding the same complaint that I rectified with Mr. Harold Lindsley on 2-9-09. This letter was from Office Manager Jaime Fortman accompanied by another bill increasing the charges from $127.25 to $129.79 and threatening me with legal action should I not pay. I called Ms. Fortman on 3-13-09 after returning from an out of town trip. I asked her if she had spoken with Mr. Lindsley and she said, "No." I advised her that Mr. Lindsley and I have spoken in 2-9-09 and had rectified that I had paid the charge of $90.90 on 8-11-08 with check 1262 and that my account was closed and cleared. Stewart Enterprises continues to attempt criminal methods of "double banging" past customers for charges that they have previously paid on time.

There practices are despicable and deplorable and anyone who does business with this company will be sorry they ever did. They refuse to answer the complaints I have filed with the BBB. I have gladly said I will show them the check I wrote, but will not take the time to make a copy, accompany it with a letter, use my stamp, envelope, and my valuable time for their unprofessional, criminal, business practices. They can't even talk to one another in their own office, about my previous call on 2-9-09 with Mr. Lindsley, so how do they expect to properly operate a viable business? The left hand does not know what the right is doing and they continue to

Robert
Severna Park, Maryland
U.S.A.

This report was posted on Ripoff Report on 05/01/2009 01:29 AM and is a permanent record located here: http://www.ripoffreport.com/r/Stewart-Enterprises-LLC/Severna-Park-Maryland-21146/Stewart-Enterprises-LLC-Unlawful-billing-and-collection-issues-Severna-Park-Maryland-447952. 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:
3Author 0Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Harry Earl Lindsley served by Circuit Court Anne Arundel County

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

On 1-10-11, Harry Earl Lindsley of Stewart Enterprises, LLC was served with papers at his current residence 1014 South Creek View Court Churchton, MD 20733, to summon him for an Oral Examination in District Court Anne Arundel County case number 0009571-2009.Due to his failure to appear at his own appeal in Anne Arundel Circuit Court, the Anne Arundel Circuit Court upheld the decision of the District Court against Harry Earl Lindsley for $584.24 which at this writing he has failed to pay to me.

The Oral Examination date is set for March 21, 2011 in Anne Arundel District Court.I will update any new developments.

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#2 Author of original report

Update December 2010, Harry Earl Lindsley, Stewart Enterprises, LLC

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

On 11-13-09 Mr. Lindsley filed a motion to vacate the previous judgment and received a new trial set for March 11, 2010. On March 11, 2010, Mr. Lindsley finally appeared in District Court for Anne Arundel County. This was my second appearance before Judge John McKenna in District Court. After hearing our cases Judge McKenna again ruled in my favor for a judgment against Mr. Lindsley and Stewart Enterprises for $584.24. On May 10,2010, I received a notice that Mr. Lindsley had appealed the ruling of the District Court against him and Stewart Enterprises, to the Circuit Court of Anne Arundel County case number 02-C-10-151657. The Circuit Court DeNovo hearing had been set for August 13, 2010. On August 13, 2010, I appeared in Circuit Court of Anne Arundel County and again Mr. Harry Lindsley failed to appear for his own appeal in Circuit Court. The Circuit Court upheld the ruling of the District Court and awarded me the judgment of $584.24 agaisnt Mr. Harry Lindsley and Stewart Enterprises. On August 17 and December 30, 2010, a case search on the internet at casesearch.courts.state.md.us under case number 02C10151657 indicates the possible reason why Mr. Lindsley did not show up for his own appeal. According to the court documents, Mr. Lindsley wrote the Circuit Court a "dishonored check" apparently under the name "All Pro" 160 Ritchie Highway, Ste 2A Severna Park, MD 21146 for $105.00 Check #1114 on 5-3-10 for the court costs of the appeal. The court record indicates that there have been numerous attempts by the Circuit Court to collect the funds from the check but with little success. Finally, the Circuit Court record indicates that the collection attempts have been referred to "Central Collections." Additonally addresses for Stewart Enterprises is 1494 Governors Bridge Road Davidsonville, MD 21035 and now may be doing business as All Pro LLC 160 Ritchie Hwy, Ste 2A Severna Park, MD 21146. Mr. Lindsley may also be residing in Churchton, MD. Attempts to collect on the District Court judgement and now the Circuit Court judgement to unhold the judgement of the lower court is continuing. I caution anyone reading this to be wary of doing business with Harry E. Lindsley from Stewart Enterprises or All Pro, LLC at the above addresses. On July 23, 2009 Mr. Lindsley filed a small claims suit against me for the above charges. In response to Mr. Lindsley's suit, I filed a counter suit against Mr. Lindsley and Stewart Enterprises, LLC for $574.24 and court costs for engaging in unethical business practices, creating fraudulent invoices, mail fraud, and extortion. On 10-8-09 I appeared in Maryland District court in answer to Mr. Harold Lindsley's suit. I did not know that on 10-6-09 Mr. Lindsley dropped his suit against me. On 10-8-09 I testified under oath in MD District Court on my counter suit as to the facts of this case #070200095712009. The District Court of MD Judge John McKenna ruled against Mr. Lindsley and awarded me the entire amount of my counter suit $574.24 plus $10 in court costs. Mr. Lindsley failed to attend the proceeding or testify on his behalf. Mr. Lindsley's actions are a testament as to the type of person he is and to the type of business he operates. He could did not have to file a suit and he could have dropped the suit in time for me to be notified. Instead he waited with the intent that I would break, give in to his coercion and pressure tactics and be fearful of his rude, contemptible, scummy behavior. Instead Mr. Lindsley failed to realize the power of the truth, did not show in court knowing his actions were criminal, and now has a judgment against him and his company for over $500. I will make updates to this complaint as time progresses, as to the collection of my judgment from Mr. Lindsley. I do not hold out hope that I will ever see a dime of the judgment!I strongly suggest to anyone who reads this complaint, DO NOT DO BUSINESS WITH STEWART ENTERPRISES, LLC in SEVERNA PARK, MD or MR. HAROLD LINDSLEY! Mr Lindsley's attempt to say that "...there is no necessary reason for a third party (BBB) to get involved with this situation" is his way of attempting to keep quiet his criminal business practices. Sure he does not want anyone else involved such as the BBB, he has sent out numerous other notices of paid accounts, attempting to double bill other customers like he has attempted to double bill me. If he had been practicing due diligence with sound businees measures, he would not attempt to collect on already paid accounts. I hope whomever reads this does not do business with this company. I will not even entertain the rudeness charges from someone as unprofessional as Harry Lindsley and will happily see him in court!

Please see BBB attachments.

Holly Engel from the BBB called the business to obtain a reply. Spoke to Mr. Lindsley who had an overbearing self-opinion of the matter, however, as a result he indicated he would respond.

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#3 Author of original report

Judicial Action against Stewart Enterprises

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

On July 22, 2009 I was served with legal documents from District Court of Anne Arundel County MD indicating that Harold Lindsley of Stewart Enterprises, LLC was suing me for $129. 79 for the unpaid balance of labor charges, late fees, and service charges.  I remind everyone that I have previously paid this balance at the time work was completed on 8-11-08.  Mr. Lindsley billed me 6 months later in February '09 for not only the work completed, but also late charges and service fees w/o ever sending an invoice since August '08. 

From the time of my first report to now, Mr. Lindsley has threatend me with legal action and the ruination of my credit if I did not pay him.  I remind everyone that Mr. Lindsley has set up a scam of recouping embezzeled funds from a past employee by double billing customers who have paid, in hopes that the customers will not remember they paid or not have the paperwork and re-pay Mr. Lindsley.  This is not only extortion by Mr. Lindsley, but also mail fraud for creating fake invoices and using the U.S. mail to commit this crime.

In rebuttal to the suit by Mr. Lindsley, I counter sued for $574.24 plus court costs of $10 in District Court of MD indicating unlawful business practices, fraud, and extortion. 

On 10-8-09, after hearing all the evidence, Judge John McKenna dismissed Mr. Lindsley's suit and ruled against Mr. Lindsley in my favor for a judgement of $574.74 plus $10 in court costs.  Mr. Lindsley failed to appear for the proceeding.

This is a true testament to the veracity of my claim against this company and an indication of how low Mr. Lindsley's integrity truly is!  I caution anyone reading this NOT to do business with Stewart Enterprises, LLC in Severna Park, MD or Mr. Harold Lindsley.

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