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Report: #1257274

Complaint Review: J&M POOL PLASTERING - GARLAND Texas

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  • Reported By: Bill — GARLAND Texas USA
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  • J&M POOL PLASTERING 2765 W. KINGSLEY GARLAND, Texas USA

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 J&M Pool Plastering was hired in 2013 to perform a simple plaster resurface on our 20+ year old pool which we built - old plaster had eroded in places and small random plaster cracks of about total of 20 feet total were present/ no water leaks. After receiving numerous estimates we decided to chose J&M since they were highly recommended by Home Advisor and was then named one of Southern Grouts and Mortars "SGM" factory trained installer -  Owner Hernandez tried to sell us more services which we declined such as pool star-up, new tiles, decking, etc..  later their invoices sent to us viaEmail enclosed charges for services not requested and copy of original written contract was never provided following repeated requests.  Their cost estimate by no means was the lowest one which in most cases is a cause for problems -  we had chosen to use SGM premium product "Ultra" from a brochure and identified the installation step by step as manufacturer mandated by using a rolled BondKote primer base-

As soon as work was started we began to see small problems  - delays- worker/s would not show up or non- scheduled and lacked basic equipment ie pump hoses, ladders, etc.. which they borrowed from us.  Old plaster materials being power washed settled everywhere in flower beds - etc..  We did not make a big deal of any of this and cooperated.

After the pool was finally drained I inspected the small plaster cracks (my backgoound as civil engineer/builder) and photographed - Prior when pool while it was idle waiting for service turned algae green so it required an acid wash which it never got- ebentually when J&M plastered it was done over the algae and bonding plaster material used (was not the rolled BondKote SGM recommended) in the brochure.  This plaster was splattered unevenly with a paint brush and covered about 30% of surface instead of 100% when rolled-

The day pool prep began I was gone most of the day - when I returned to my shock I found most of my pool concrete shell (about 60+ feet ) had been cut with a deep grinder saw - the employee responsible told me Mr. Hernandez instructed him to tdo this -  I contacted him immediatedly because this would certainly have some future problems and added costs which were not expected.  Mr. Hernandez stated at the time he was not aware of this and would investigate.  He was schedule to come by our home the next day to collect a payment- when he arrived he no response for the aforementioned account.  I told him this damages needed to be repaired properly and we were not paying any extra for it since it was never requested/approved.  To continue work he insisted on collecting the payment which we released.  He would not take our credit card payment so a check was issued

The day after Bank of America (J&M's bank) sent us an Email giving notice they received our payment -  but the amount noted was less than the check we issued.  We contacted J&M to inquire about this and then they informed us that our check was not honored by BOA and requested a money order.  Now they were creatong an issue that we stopped payment on their check which later Chase bank conformed to be false -  a second check was later issued and cashed by J&M-  Meanwhile a new billing invoice for the work of repairing the damages was issued -

Weeks after the pool was filled stains were coming through the plaster - some were rust and others algae - weeks later cracks began to appear -  Mr. Hernandez while trying to capture payment for the damages he caused kept assuring this would never occur - now it was a reality.  I had documented most of their work after it was obvious problems would occur from not following trade and manufaturer standards and lying about the materials used.  In order for the manufacturer warranty to be elgible a batch# had to be included for the BondKote and Ultra Pearl Brite-  Hernandez originally never provided the BondKote because they never used it -  later he emailed a copy probally somebody elses.

This had now become a clear case of fraud/deceptive trade so I sent a complaint to Texas Attorney General and a notice to J&M to recover my money paid.  In response 6months later J&M hired LLoyd Ward & Associates (BBB F-rating) and filed suit against me-  Unknown to us until trial notice date by court we appeared and found we were being sued for stopping payment - the JP court did not allow any of the evidence showing Chase bank's statement and our document photos of damages-

These cracks which initialy were few are now large and water loss is significant - stains are everywhere -  SGM does not assume any responsability and claims that J&M is soley responsible for the damages and repairs- 

Originally we expected this to be a cosmetic repair but now we are faced with structural damages and a pricey bill to reconstruct our pool

Any potential customer be cautious of reviews read since J&M has been misleading pool owners and use their own people to write positive comments - those complaints BBB has arbitrated they have satisfied with covering up their fraudualent use of replacement inferior materials- 

 

 

This report was posted on Ripoff Report on 09/26/2015 06:47 AM and is a permanent record located here: https://www.ripoffreport.com/reports/jm-pool-plastering/garland-texas-75041/jm-pool-plastering-jm-swimming-pool-aka-juan-v-hernandez-fraud-and-criminal-service-pro-1257274. 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
2Employee/Owner

#4 Author of original report

More written proof of J&M / J&M/Juan Vincente H extortion through legal process

AUTHOR: - ()

POSTED: Saturday, February 06, 2016

 It's important for consumers to learn from our mistakes and losses-  Owning a home free and clear and being over 65 yo makes us attractive prey.  We are attaching some written proof of the manipulation and lies that were fabricated for the court to cause these great reported damages and who this Hernandez person actually is- 

In the course of this complaint response by J&M/Hernandez Don Juan mistates that we originated lawsuit against his company- this is false as the records will show-docket JS13-00413D we were the Defendants in lawsuit filed by J&M- J&M's attorney never sent and we never signed receipt of the demand letter which is mis-stated in the sworn complaint to the court- this was calculatedly done to prevent us in aquiring proper legal counsel.  With no advance warning we were forced to represent ourselves.  At the time my wife was convalescing from an automobile accident and I had vision in one eye (detached retina).  We had signed contract to replaster starting in March 2013.  Actual work did not begin until May, by then the pool that was disconnected by J&M and was green w/algae.  With a 2yo (adopted son) who was already swimming and two dogs it was imperative that this work got competed ASAP to prevent accidents.

As prudent consumers we followed great care choosing a contractor as stated before, we received other bids which describe the work entailed and the plaster cracks (total amount of about 20feet).  J&M would eventually make those simple plaster cracks into concrete shell (65feet) saw cuts which necessitated extensive repair later.  The repair was so poor that before the pool was filled with water new cracks / discoloration began to surface.  Hernandez was given notice  and chose to ignore.  Presently those structural cracks J&M caused are everywhere in our pool as shown here.

J&M mode of operation is to lure you with a price and then randomly add services you never requested.  This is shown in the invoices we received.  The original work/price we agreed on 3/9/13 was the replaster using a SGM premium pearl material at $2600+800 or $3400 other attached vendor price was $2731-  this amount invoiced/sent by email would increase randomly at the time of trial with the sworn complaint it was $8502-this was shocking since we never saw it before.

Since we were not able to hire an attorney, before trial I sent the Court/judge Cooper written proof that this sworn complaint he received had no merit since all statements contained were false.  When this motion went unreponded instead of a bench trialI request a Jury.  In the short time before trial I spent many hours collecting evidence for trial including all correespondance-photos-etc..  My wife remained home with our 2yo- I had provided court with her power of attorney to me since she was named as a Defendant also.  At trial time Plaintiff Attorney instructed Judge to have my wife appear or he would motion for summary judgement.  I was instructed to leave court and return with her in 15 minutes or forefit the case.  I abandoned all my documents and returned to find Jury present/selected-  My wife appeared and then was dismissed.  Jury was never allowed my related documents/photos which showed J&M not only lied in the sworn affidavit/complaint but also failed to use the premium materials/application which I was charged extra for.   After trial I learned the jury foreman/woman was an aquaintance/customer of Plaintiff- 

William Salazar/Garland, TX 75040

Among with the photos that showed the shoddy work(splatter/not rolled bond BondKote material); documents that jury never got to see were: 5/24/13 notice to us from Bank of America that J&M received our payment $2004.38 and other payment 5/28/13 for $2490- as far as jury knew we did not pay a cent to J&M. 

Should J&M/Hernandez respond and have any written proof other that conjecture that our statements are false we welcome for their postings.  This picture tells a story that other consumers should be aware-

 

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#3 REBUTTAL Owner of company

J & M Not at Fault

AUTHOR: Juan Hernandez - (USA)

POSTED: Tuesday, November 10, 2015

It is true that Mr. Hernandez does not speak English well and is utilizing a translator in order communicate with you regarding this issue.  J & M is unable to honor warranties until payment for the work has been received.  To date, no payment has been received.  Customer satisfaction is very important to us, and  we would encourage you to call us to further discuss and resolve this matter.

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#2 Author of original report

Response to Juan Hernandez rebuttal

AUTHOR: - ()

POSTED: Sunday, November 08, 2015

 At the time of trial Mr. Hernadez acted as he did understand speak English and his attorney spoke for him mostly.   Its no suprise that Mr. Hernandez even in this rebuttal is untruthful about the facts.  We never filed suit against his company and public records can attest to this.  As for the bounce check he claims; we never stopped payment that was another lie which under oath he presented in JP Court after he filed suit only after SGM the product manufacturer took them off their "certified factory trained" list when they misrepresented their product and we began to experience new pool crackings and stains weeks after J&M "completed work.  Records show from Bank of America sent notice they received a payment of $2200 from us and later a check from Chase for $2400 -  this will be posted-  Presently our pool which has damages exceeding $15,000 from structural cracks were J&M negligently and w/o our knowledge sawed our concrete pool shell has extensive damages/water loss which Mr. Hernandez ignores to repair under warranties -  Cracks that were present before were documeneted by photo and will aslo be posted.  Two different pool contractors inspected and reported the small plaster (less than 20') and tested for water loss (none)-  A criminal complaint was filed with the Dallas DA against Mr. Hernandez and his attorney- for perjury which led to the judgment- We were never provided time to seek legal counsel since LLoyd & Associates never sent us a demand letter or showed proof of receipt / the jury foreman was a former aquaintence/client of Mr. Hernandez- we were not allowed to show exhibits to the jury

We will now be forced to hire legal cousel and filing a suit in District Court with damages these large as I recently explained  to Mr. Hernandez by letter.

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#1 REBUTTAL Owner of company

J & M Not at Fault

AUTHOR: Juan Hernandez - (USA)

POSTED: Wednesday, November 04, 2015

We would like to rebut the statement made by Bill which makes several false claims against J & M Pool Plastering Inc.  J & M was hired to perform plaster resurfacing, however while draining the pool, additional issues which required service were uncovered.  Bill was advised of this and approved of the extra work required to permanently fix these issues, which is documented in an email from Bill. 

J & M was taken to court over the supposed damages and was found not at fault.  He threatened to sue us again, but instead has begun posting erroneous claims online, which would indicate that he has no grounds on which to take us to court again.  We have in turn taken Bill sued Bill due to non-payment after his first check bounced.  He has yet to make payment on work performed by our company and has gone so far as to make bigoted statements regarding our hiring practices. 

Despite what Bill would like to believe, our employees do not review our company, as it is against the rules of most review sites. 

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