Report: #1281426

Complaint Review: Daniel Kidwell

  • Submitted: Thu, January 21, 2016
  • Updated: Thu, January 21, 2016
  • Reported By: Dan Wilson — Lehi - Utah Utah USA
  • Daniel Kidwell

    Eagle Mountain, Utah
    USA

Daniel Kidwell, K & D Brand Handyman Services Didn't fulfill painting contract and refused to fix problems Eagle Mountain Utah

*Author of original report: Issue Resolved

*Author of original report: I'm made every attempt to resolve this amicably

*REBUTTAL Owner of company: Customer comitted fraud

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We contracted with Daniel Kidwell (K & D Brand) to repaint the interior of our home as well as a fix a few other minor problem. We signed a contract and he began work after we paid half up front. He told us he could be done in 1 week, but it took 3 weeks.

He finished a majority of the job and so wanted to get paid the remaining amount and told us a story of how his wife needed to pay the mortgage. He said he would need to order some parts for some stairway balusters and they would arrive the following week. He promised to install them as soon as they arrived. He also promised to finish some final issues/cleanup.

Once he got his money, he went silent. We texted him several times with no response. We called and left multiple messages with no response. Finally, I found an email address and emailed him. He responded quickly not knowing who I was. I responded, indicating that we still needed work to be finished and of course he never responded.

After finding several email address for him, I sent one last email asking him to resolve the problems or I would "take further action." I really wanted to resolve the problem amicably, but his response was completely unprofessional. Quoted below:

"Then you threatened me, we'll when someone threatens me instead of contacts me PROPERLY, we'll Ron that moment on they (meaning you) can f*** off. If you don't like that then too f****** bad."

I of course didn't want to work with this guy anymore and so I responded and let him know that I just wanted $500 refunded and I would get someone else to finish the job. Whereupon he responded with the following:

"I suggest you do as you threatened me with. That is the route you wanted to go and the one I suggest you follow."

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This report was posted on Ripoff Report on 01/21/2016 09:26 AM and is a permanent record located here: http://www.ripoffreport.com/reports/daniel-kidwell/eagle-mountain-utah/daniel-kidwell-k-d-brand-handyman-services-didnt-fulfill-painting-contract-and-refuse-1281426. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
2Author
0Consumer
1Employee/Owner

#1 Author of original report

Issue Resolved

AUTHOR: - ()

This issue is now resolved. We came to an agreement for a partial refund.

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#2 Author of original report

I'm made every attempt to resolve this amicably

AUTHOR: - ()

I've addressed several items within the email below. Sent to Daniel Kidwell today (28 Feb 2015).

As for the timeframe for the project to be completed, I rounded up (excessively). I appologize. As the contract states, it was initially to be started on 30 Nov and completed by 4 Dec. I sent the initial deposit on 29 Nov (see the screenshot in the link below) and the final payment on 10 Dec. So 12 days total, but 6 days late. I was incorrect and I'm sorry about that.

The main problems are indicated below. I feel I have made every attempt to resolve this amicably. Daniel Kidwell has shown a lack of professionalism and an outright unwillingness to fulfill his contractual duties.

Here is the email I sent to Daniel Kidwell:

-------

Dan,

 
I will be happy to pay you the $1300. There was no way for me to simply request a $500 chargeback.
 
The $500 is an estimate as to what it has/will cost me to finish the job. Here's a list of things that were specified in the contract but weren't done:
 
* I had a cleaner come for 6 hours just to clean up the overspray on windows, doorknobs, appliances, etc.
* You didn't even touch the front door
* There are several nicks (some significantly large) in the floorboards that weren't touched. 
* The balusters were not replaced (our last conversation was that you would handle this)
* There are several holes in walls, ceilings and doors that were not fixed
 
I've attached the contract to remind you of these items.
 
Also, here's a link to see the photos taken of the items you didn't do or did poorly:
https://drive.google.com/folderview?id=0B9JOZ3gYUfwTNk1wSk95UXVRblk&usp=sharing
 
All I wanted was for you to fix those problems. Just finish the job and fulfill your commitments. I understand that we paid you (because you said you needed to pay bills), but that was based on a professional assumption that you would still be willing to fix problems we found (within a reasonable amount of time).
 
I truly apologize that it came to this. I definitely didn't want to deal with it this way. But, you left me with no other recourse but to charge back the final payment.
 
If you agree to drop the threat of the lean and defamation lawsuit, I will be happy to send you the $1300. If you don't want to go through Paypal again, I will be happy to transfer money to you through Square Cash or send a cashiers check. 
 
Thanks,
-=Dan
 
---------
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#3 REBUTTAL Owner of company

Customer comitted fraud

AUTHOR: K & D Brand - (USA)

This is a total lie. I was hired by these customers to do a rush paint job. Yes it was supposed to be done in a week at first, however a few days in, this persons wife, (who I was actually dealing with the whole time) came to the job and said no need to have it done in a week as the carpets wouldnt be done until the following week. In total it took 10 days not 3 weeks as this client ssaid. Proof is in the payments. I was originally hired over thanksgiving weekend to do this rush job. I was paid the deposit on 12/1/2015 and thge final payment was made on 12/10/2015 so anyone who does the math will realize that only 9 days had actually passed from deposit to finish of project.

When I made the contract a specific condition was put in there. That yes, we would replace the 2 missing ballisters on their staircase, if, and only if it was easy to locate. Meaning, we were there paint not run around from store to store looking for 2 matching ballisters for their stairs. I put this right into the contract. We looked and could NOT find them at lowes nor homedepot. We also went to builders supply who had some close but 1/2 inch wider. To order them would have been $26.00 for the two.

This whole project was completed, We painted the whole house as we were paid to do. At thew completion of project we let customers know. I said it was done and I would like to get paid as I had bills to pay. They owed us 1800.00 left at completion project. The wife however said they were going to check it out first. I was contacted that night with a list of things they wanted touched up to consider the project complete. I went back the next morning and completed these items and then the husband came and met me at the job site. We went over it and he was happy with it. I said I couldnt find the ballisters but gave him the info etc for the ones that did look like his but were 1/2" widder. I said he could deduct $50.00 in order to pay for them and showed him how all you had to do was screw the ballister one way and it was in. He however gave the $50.00 to me as I had replaced every single light cover switch and outlet with brand new hardware in order to make the paint job stand out even better.

When I left there that day the customer had signed of on project being completed and then they paid via Credit Card. Now over a month later I all the sudden get an email to one of my other company email addresses with me being verbally attacked. Saying I hadnt returned phone calls etc. I informed customer that on the bottom of my estimate/contract was my web page (that has a contact us from) and also lists our company phone number, our company email address whihc he hadnt emailed, and our company phone number which was the same as on our website. He claims he didnt notice that. But anyways came after me saying if I didnt refund him $500.00 for the 2 ballisters he was going to do a charge back on the credit card payment. I informed him of our contract but he again used his black mailing technique.

Customer went to paypal and filed a complaint saying they never received merchandise paid for. For Real? You didnt buy any merchandise. I didnt have any shipping records to prove I shipped them a painted house so PayPal screwed us and reversed the charge. (if your a contracot NEVER ACCEPT PAYPAL).

 

As of today 2/2/2016 I am filing a lawsuit against customer for theft and defimation. Was refunded $1800.00 for a completed project and in this post repeatedly lied. Facts are facts and anything less than a fact becomes defimation and is actionable in court. The paypal records alone showing deposit on the 1st and final payment on the 10th proves that it didnt take 3 weeks. This customer is a criminal in my opinion. They have made it so we will never allow another customer to pay via Credit Card as they cant be trusted. They juct wanted to get this 5 bedroom house painted for free and rip people off. I will be pursuing them in court to rectify this situation.

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