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  1. #1
    Law Curious
    Join Date
    Oct 2009
    Law Forum Posts
    2

    Default DO I HAVE A SMALL CLAIM? part 2

    I explained that the shower isn’t even 32 inches like I ordered and that it did not come out to the hinge like I requested and that I am not complaining about anything other than the door position. Jennifer snapped and said it is 32 inches the rest is behind the wall. I said the shower measures 30 and 3/8 inches showing are you saying that more than 1 and a half inches is in the wall? The surround you put up is only ¼ of an inch thick. She said this is all over the shower door being half an inch over? I can’t believe it!! I said it isn’t right. She argued that it is right.

    I asked if she is just blowing me off, and just didn’t want to deal with me because she sounded really upset? She said no, but this is silly. I said not to us, it doesn’t look right. I said it might be ok as far as doors go, it functions, but ascetically it looks bad. She again said this will cost her money to move it. I said I didn’t feel like I should have to pay since it is not where the ones in the showroom are positioned and they look good and give you more room inside the shower and no shelf on the outside, just like we wanted ours to look and expected it to look. I explained we wanted what was shown to us in the show room. She said there is no way to do it unless I pay $175.00. I said that is not right and I asked her to lower her voice again.

    I said I have told you that everything looks perfect, this is the only one problem we are complaining about and you don’t want to help me? She said well you said that it was great you wrote it in your email. I said yes it is true it looks great and it really does, we love it, but we didn’t replace our old one on looks, it was for space. I only have one problem and that is the door position.

    She talked very loud and was angry saying this is silly and would not budge and she said if I didn’t pay more she would not help me. I asked her to stop yelling, and to calm down that there was no need to yell that we are just talking here, and I said again do you just want to not deal with me? is that it? She said no but this is all over a half an inch I can’t believe it! I again said we are not happy with it. I said please just send the guy out would you , I just want this done and done right and over with once and for all. She said you are going to have to sign a waiver saying that if we break that door it isn’t our fault. I said you think I should not only pay but to sign it off as not your fault too? She said yes because this is silly. I said no it isn’t to us. Then she said why didn’t you say something when you first saw it. I asked her to stop yelling, I explained that it was 11pm we were tired and I did ask why it was where it was. Mark explained it to me but I didn’t like it. I said ok Jennifer tell me what if I had insisted then and there at 11 pm that it had to be moved? He still would have had to take it off right? so what is the problem in doing it now? She had no response. I said that the wall opposite the shower had a huge ding in it from the workers and I am not complaining about that either. I hated to say that the guy felt bad about it and I didn’t want to get him into trouble, but man this woman is really yelling and trying to make me change my mind about something I don’t like after spending $8,000.00.

    So I said to Jennifer, the shower is too small, and this door being where it is makes it even smaller. The shower is only 31 inches not 32 like I asked for. My wall was gouged by your men. The shower head is not centered like I specifically requested. The wall surround was supposed to come out to the hinge like I asked for and doesn’t and it took a week not two days like promised. I am not complaining about any of that, just the door position! She continued on and on about how it is only an inch! I continued to say to her in a low voice trying to keep her yelling down, there was no reason to be upset and no reason to yell, I am your customer and I am not happy.

    She changed her attitude and calmed down a bit and stopped arguing AT me, not with me but at me. Jennifer said ok then Tuesday Sept 8th at 8:00 am. I said fine that is great. She changed her mind and said how about September 14th at 8:00am? I said fine. Jennifer said she is sending Kevin who is very detailed oriented and will do a great job. I said fine, The 14th 8:00am is perfect. She apologize. I said no problem, I just want this right. She said you are opening a can of worms with this I just want you to know that! I said as long as it looks right and functions properly when it is done then ok! She said Kevin likes to arrive very early I am giving you a heads up. I said no problem!

    I never raised my voice to her, even when she was yelling and acting very rude to me. I was really upset …when I hung up I was glad I hung in there to insist on it being done right. Up till now I had nothing but good things to say about Re-bath and I would have recommended them to anyone, but after that call I am not sure..my friends in Reading wants me to say yes or no about them, he needs 2 whole tubs. She was so unprofessional and rude to me that I can’t believe they are in business, when I was handing over money they were so nice and polite, now that I have a problem they treat me like I have leprosy.

    On Tuesday September 1st I got my warrantee card back in the mail. It said return to sender on it by the post office. I called Re-Bath and told them and they said oh just send it to our Pembroke office and we will send it in for you. I asked if the company moved from the address and she said yeah a while ago just send it to us. I had sent it to the self addressed typed out form address of 1055 South Country Club Drive in Mesa AZ 85210-4613 but she gave me the Pembroke office of 55 B Corp. Park Drive in Pembroke Mass 02359. I laughed when I looked at the form I had filled out a month before, It asked why I got the shower, and I had hand written in for more room. I readdressed it and sent it out today. To date I have spent a total of 24 days ( not 2) on the phone with or having work done here, or photos take here or waiting for them to never show up. I feel like this tub area is cursed!

    On September 7th I called a couple of carpenters to look at what I wanted done in the bathroom, only one called back. The guy named John is coming on Wednesday. I want to be sure about the wood. I don’t feel it is a big deal to do but I need a professional opinion. I also took photos of the door position.

    On Wednesday September 9th A carpenter named John McLaughlin from Waltham, MA came here to look at the wood and the shower. He said “this is so simple to do, all they had to do is scribe it out” I asked how much would he charge, he said “if I lived nearby I would do it for free, it would take but a few minutes, but since I have to come from Waltham it would be $25.00” He said it should have been done like that by the installer.

    On Thursday September 10th I phoned Re-Bath explaining I could not be available on Monday the 14th and asked Anna if she could reschedule. She was polite and said no problem and made the appointment for Tuesday October 6th 8 am with Kevin. I thanked her. She said no problem, but so you know he likes to arrive really early. I said that’s fine. She was nice and polite,

    Monday Oct 5th I got a call from Anna confirming that tomorrow Kevin was coming out to move the door on my shower. I said yes perfect. She again said he will be here at 8am but he likes to show up early. I said ok!

    It is October 6th It is 8:55am and Kevin just arrived. He is polite and introduced himself. I showed him the door and he said that usually they bring them out as far as possible. I explained how it looks really bad from the inside. He said I see why he did it this way, I said me too but it is not where it belongs and not where he showed me it was going to go. He said we can fit that. He said you realize that some screws will show. I said not really I measured them all and he checked what I was saying and saw I was right no holes will show. He is now prepping the area. My Mother just asked Kevin to also check the seat that seems lose he said he would. I can’t believe they want me to pay to make this right!! EVERYONE says it is wrong my friends, a carpenter and their show room person even said it! AND I AM SUPPOSED TO PAY??? WTF? This is so wrong.

    9:56am I am listening to Kevin on his cell phone explaining how he is moving over a (my) shower door, he said I have it all cleaned and out I am just getting ready to move it now. He acknowledged what a person on the phone said and then said, well I guess we learned from this that when we change from the original plan we need to let the customer know first. He listened more, then he stared to discuss something about signs being needed today in Avon. I think he even feels this was wrong, why would he say that about letting the customer know first!

    I am sick to my stomach thinking about how he wants money at the end of this and that I am not going to pay. I can’t pay for something that was not done right the first time, when I paid $8,000.00. I cannot justify paying $175.00 more to fix what they did wrong or what at minimum a customer (me) is not happy with.. I am sick trying to work out in my head what I am going to say to Kevin. He is a really nice man who is doing a great job…I am SICK! I should not be put into this situation.

    Ok Kevin is done it is 11:52am he asked me to pay and I asked him to sit down and talk to me about this. I asked him if he felt it was done right the first time. He said well, yes it was but he should have told you before changing the plan. I explained the situation to him and he understood and felt perhaps Mark should have asked first but he said he didn’t want to get involved. He said he understood and said he would just tell them I declined payment. He was understanding and I told him I was sick to my stomach and shaking and showed him my hands. He told me to relax that it will work out in the end one way or another. He said someone from Re-bath will probably call me. He was understanding and I really feel bad. However I feel like this is how it should have been done. I wrote declined payment on the line where I was supposed to sign and dated it and initialed it. Under it I wrote this is how it should have looked the first time. Kevin left and I am still upset. The shower looks right now, It would be perfect if it was in the exact center but it improved the whole room as far as I am concerned, there is no big shelf on the outside of the shower and it is more centered and looks right, it no longer looks cheap or like it was not done by a professional. I am happy, FINALLY!

    October 13th 9pm, my husband George just showed me the leak in the shower, it is dripping slowly onto the floor in the exact spot as the one we replaced, the same place that ruined the floor we put down that was replaced by Re-bath. This is NOT good! I told George I am done dealing with them and told him to call and handle it from here. I don’t ever want to have to deal with such unprofessional people again.

    October 14th. George called Re-bath and spoke to a girl who had Dan who was our plumber call him back . Dan said he would call and set up a time with me that day. Dan never called.

    October 16th Jennifer called and left a message at 1:47pm. Saying “ I hear you’re having trouble with the door since we moved it, I want to talk to you about it, call me back.” George called back at 2pm He said to me after his call wow what a Bitch she is. She insisted that she will not fix anything wrong with the shower till we pay the $175. From the shower door move. She said you can take us to court if you want. George said I have never heard that from a business before. He said she was stubborn and rude. He said to Jennifer let me ask you something, if you had a new roof put on your house and the gutters weren’t straight would you have them moved? She said “not if they told me not to.” George said so you would just live with it? She said yes. Your shower was done correctly as far as we are concerned. He said let me call you back.

    We talked about it and decided to pay her since they won’t fix the leak unless we do. George called back, She said when I get the check we will come out. He said if you have it by Wednesday, when will we see you? She said by Thursday or Friday the 22nd or 23rd of October. He said fine we will send the check today. He said because we were told by your sales men Chris that if we touch anything on our own we void our warrantee, she said oh that would not have applied. He said she was yelling a lot and was a total Bitch to deal with but when he agreed to pay her she calmed down and talked about doing it. So I just wrote check number 2912 to Re-bath for $175.00 and in the note area wrote paid under duress. I am so sick and tired of this ******* bathroom!!!!!!!!!!!!!!!!!!!!! It has been two years, we are in the same spot we started in , it does look nicer but is functioning the same, I want to move just to get away from the shower!



    I am thinking this has now become a court case. I looked up their info on line it is David and Jennifer Bylo of Bay State Re-Bath 55b Corporate Park Dr. Pembroke, MA 02359 1 781 862 4141 And Bay State Re-Bath 419 Worcester Road Framingham ,MA 01701 508 626 4232 It is funny because their ad says “stress free, one day bath installs” Now that is funny stress free my ass! Our shower is leaking and we are now at their mercy, so much for a life time warrantee.
    Last edited by helpmeplease; 10-18-2009 at 02:00 PM. Reason: title problem

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