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IdahoBiker · Jan 16, 2009, 12:58 PM

6 Years ago, My Mother (deceased now) and Myself entered into a Contract with a Local, Established, Supposedly Reputable(according to the BBB) for Services to Include Installing Custom-made Windows and Trim. This Company/Contractor set us up with a Low-Energy Loan through the State Department of Water Resources. Well We/I Paid off that Loan with Interest... and to Date have NEVER gotten The Goods and/or Services from That Company we Took out that Loan for. I have a Copy of The Initial Check issued by the State DWR, showing that WE had endorsed, and signed over that Check to this Siding & Window Contractor/Company, and That they Had Deposited it into their Business Account. I have Made MANY efforts in trying to Contact this Company, but they Refuse to Call me Back... I have even been to the Office of the Owner 2 times, and BOTH times after waiting 30 minutes was told he wasn't in (even though His Truck was Parked in the Lot)... HOW? Can I get my $$$ back? Isn't this Considered Fraudulent? We are talking $7,000+% accrued for 6+ years.
Don't Understand Why a Company that continues Advertising in Newspapers, on TV, and Radio, and has been established HERE for 26+ Years wouldn't want to Take care of this??
What Recourse do I have?
Was thinking of Filing a Claim with my State's Attorney Generals Office (Consumer Protection Unit)... Just Want my Money Back.
Also Found out from a Reliable Source within that Company "they" never even Ordered My Windows to begin with...

ScottGem · Jan 16, 2009, 01:11 PM

Why haven't you sued them? This may be under the Small Claims limit in your state. I would have filed suit if they had not started work by the date listed in the contract.

You certainly can enlist the aid of your local consumer protection unit. They may need to be licensed by the state.

Frankly, I can't understand why you have waited so long. There were several remedies open to you.

twinkiedooter · Jan 16, 2009, 01:12 PM

You should have taken them to Small Claims Court years ago. It may be too late now to do anything. Why didn't you consult an attorney for that kind of money involved? $7,000 is a lot of money for virtually nothing. Consult an attorney to see if you still have a leg to stand on in this matter otherwise you've just happily paid $7,000 for nothing.

IdahoBiker · Jan 16, 2009, 01:20 PM

Originally Posted by ScottGem

Why haven't you sued them? This may be under the Small Claims limit in your state. I would have filed suit if they had not started work by the date listed in the contract.

You certainly can enlist the aid of your local consumer protection unit. They may need to be licensed by the state.

Frankly, I can't understand why you have waited so long. There were several remedies open to you.

We have a $5,000 LIMIT in my State for Small Claims, would have to Bump it up to Civil Court WITH an Attorney... Plus this Was all Part of a Active Trust.

ScottGem · Jan 16, 2009, 01:49 PM

So sue them for $5K and eat the rest.

twinkiedooter · Jan 17, 2009, 08:22 PM

Originally Posted by ScottGem

So sue them for $5K and eat the rest.

I totally agree with this. But make sure the statute of limitations has not tolled on this. And do it soon or you can kiss the 5 grand good bye as well.

Fr_Chuck · Jan 17, 2009, 08:41 PM

Yes it may well be too late to do anything there is a time limit to file for money in these cases.

After 30 days, or at least 6 months you should have been in court

JudyKayTee · Jan 18, 2009, 07:43 AM

Statute on breach of contract in Idaho is 4 years. I think you're out of Statute.