My own kitchen nightmare

[hollyquaiscer]

thank you all for responding, giving advice, all very helpful....when I posted my rant, I left the fact that I did call the owner of the Home Hardware close by on the Monday as requested by him, and have kept calling 2 - 3 times a week and he is not returning my calls. I was home when the installer and I kept mentioning things and he said to take it up with the kitchen rep from the store which I did, they never address these items even on the last day that they came which is slightly over a month ago. With the owners and managers not calling me back, there is nothing I can do, I thought about sending a letter of intent, however, if it comes from me at this point in time I don't believe he will take me seriously. Thanks

I'm glad you clarified a few things, makes more sense now. Did you by chance send emails to either company? If you did, then you at least have a paper trail. I feel so bad for you at this point. I'm not sure what the limit in your small claims court is, but (AND THIS IS JUST MY OPINION), I would have another reputable company come in and give you a quote to repair all the work that is subpar. Might even to be better to get 3 quotes. Then deduct this amount from the final amount owing on your bill. Take the hold back and hire a company from your quotes to repair your kitchen. Before you hire a new company though, send an email, and a registered letter(the kind they have to sign for) to both the cabinet company, the subcontracter and Home Hardware of your intent and give them 7 business days to get back to you. If they don't get back to you, have your kitchen repaired, pay for the repairs, then if there is anything left over, pay the balance to the store to ensure your bill has been paid in full (enclose a copy of the repair bill along with your final payment). If they take you to court for non payment, you have all your i's dotted and your t's crossed. AND, you have the paperwork to prove you wanted to pay, you just wanted the work corrected. If you don't hear from them again, you are happy because your kitchen has been repaired and they were aware of your intent.

Hope this helps.

[theweaves_dad]

Here is a thought for you. Prepare a Statement of Claim http://www.ontariocourtforms.on.ca/english/scc
Form 7A, but do not file it. Just send it with a letter that says if you do not have the matter resolved in 7 days, you are going to file the Statement in Court.

That at least will show that you are serious and ready to pull the trigger on it. Trust me, it will cost him a lot more to defend it then to pay you out. If you go to court and win, he has to pay your costs plus his own.

My son broke up with his g/f once and she owed him over $2500 for van repairs put on his M/C. She paid a little bit for a while, then nothing for six months. He tried emailing her asking for a bit per month even but was ignored. So he filled out the claim, drove the hour to her city, filed it and then got a friend to serve her the papers. After that she had 20 days to reply or he could file for a default judgement... On about the 17th day, he got a envelope sent by overnight courier with a certified cheque for $2800.00! Amazing how a legal paper can make broke people come up with money REAL fast!

By the way, the form 7A is a PDF document that you can fill out on your computer and then just print it off so you do not even have to handwrite or anything! But like I said, make sure you have the company right! Check any paperwork from them, it might say 88888888 Ontario Inc below their name there. If it does, I think you would put "888888888 Ontario Inc. (c.o.b. as We Scam You Renovations) as the defendant. For the one you mail first, I really don't think it matters if it is right or not, just put a scare in him. It is the one you actually file in court that has to be right!

[jasperandchar]

Thank you everyone for your advice and suggestions very much appreciated. My lawyer is planning on calling the Owner of Home Hardware today or tomorrow and hopefully this will show that I am serious and get the ball moving again.

[saveadollardiva]

I hope it works out for you!

[jasperandchar]

thanks everyone!

[hollyquaiscer]

Please keep us informed as to how you make out. I was thinking of you yesterday. My cabinet maker was here measuring to double check for door sizes before he makes the doors. He was trying to tell me that the style of door I picked wouldn't look good and that I should just let him pick the type, that he new best I don't think so. He's wasn't happy with me when he left. I think he was trying too get out of some work, but not going to ha[[en. I choose a style and he is going to stick by our contract and agreement. I should be finished with this kitchen in the next 3 to 4 weeks.

[jasperandchar]

lucky you hollyquaiscer, good luck with your kitchen reno. My lawyer called the owner of Home Hardware yesterday and of course he got voicemail, he left a message and now I wait to see if he will avoid the lawyer (most certainly will). I need a functioning sink....

[hollyquaiscer]

I hope you get some results real soon. It's gotta be a real pain to not have a kitchen sink. I couldn't even fathom that idea, kudos to you for struggling without one. Hopefully you hear back from your lawyer in the next few days.

[jasperandchar]

thanks

[theweaves_dad]

When your lawyer is done, can he call my paralegal and tell him to get off his butt and do something too! He is about as useless as...well u know! *LOL*

You are without a kitchen sink? My bathroom faucet has not worked for probably 2 months and now the toilet won't stop running either! Will dad fix either? He would if there was about 38 hours in the day!!!! *LOL*

[jasperandchar]

I got an email from my lawyer today. The owner of the store and my lawyer apparently had a lenghty discussion (running up my bill - lol), anyhow the owner is supposed to have a meeting with the contractor's installer, contractor (who told me off, who happens to be the store owner's ex-brother-in-law) and the kitchen person from the store (who is best friends with the installers wife)....good grief. SO this meeting is to take place early next week to discuss what they are going to do....The owner told me 2 months ago he was going to do this but has since been avoiding my calls, emails, etc, oh well. So my lawyer proposed that that release me from the amount due and I would then release them from further warranty issues, etc....So I'm supposed to find out what's what next Friday. And oh yeah, I forgot the best part apparently the kitchen cabinets were fine when they were last here is what the owner told my lawyer...yeah right I shimmed the crown mouldings, the cabinet heights shifted themselves, my farm sink doesn't fit on the kitchen sink cabinet because ? cut it too short and cut the back on the cabinet....hmmm.

[hollyquaiscer]

Weel, it's a start, at least the talking is going to get back in motion.

[jasperandchar]

yes mam, thanks

[saveadollardiva]

Good for you jasperandchar! Hopefully everything works out in your favour. Personally I would sue them not just for the kitchen, but emotional distress and lost of time. Like if you had to take time off work or your husband to wait for people to come and fix the issues and then they come and nothing get's done etc. Also, the trouble of not having a working kitchen, meaning having to maybe eat out, etc. Keep all your reciepts, hey they wasted your time, money and didn't do the job properly burn them right back. Also, I would have them pay your lawyer fees.