Complaint Review: Custom Gate Escondido CA

Howard Allen, identified himself to me as owner of Custom Gate Systems, 518 S. Quince, Escondido, CA 92025 took 50% deposit of $3,875 on my gate and fence order on September 28, 2011.  He was very responsive at first, emailed and returned call.  He promised to start the fence first by Oct 26, 2012, then did not show up.  I came to his office, he then promised to start by Nov 21, 2012 then did not show up. 

After that, he simply disappeared from sight or sound.  Never returns my calls, never replies to my emails.  When I visited his company office in December 2012 and January2012, it either was closed or I met with sweet talking Terry or Michelle Randall (this person received my deposit cheque) who gave me promises that Howard will do this and that, but nothing happened. 

I have hired a lawyer to send notifications to Howard Allen (2 registered mails to 518 S. Quince, Escondido, CA) requesting return of my deposit, again no reply whatsoever.  Now I will file a small claim against Howard Allen--this might be the reason why he continue to disregard my request for refund, since small claims have almost no enforcing teeth.  Are there any other victims? the way this man operates, there must be.  He should not be able continue to cheat, scam with impunity.  He should not be able to have a legitimate-looking business office in Escondico, CA or anywhere else to cloak, disguise his crimes.