Howard Heller The Coffeehouse, Cafe' Nu, Specialty Coffees Intl, Does, Could have EASILY resolved dispute Pasadena Nationwide
My saga with Howard Heller ("The Coffeehouse" in his latest incarnation/business escapade) began only 2 months ago, in July 2015. I responded to an ad on craigslist and became a Distributor in TPA, FL, which involved purchasing a $7500 commercial espresso machine. During my initial conversations with Howard, I specifically asked him for any/all other d/b/a's or any/all business entities with which he is/was ever associated. He told me there were NONE! I have detailed notes on our conversations. I later learned this is patently false. Google: Starbucks v. Howard Heller for just a few of the business entities he's operated under and incurred lawsuits, injuctions, cease/desist orders, and judgements, due to his illicit practices. Unfortunately, I did not uncover this until AFTER I'd purchased a machine. It was uncovered by a legal search conducted by an attorney and disclosed to me by a man who was considering becoming a Distributor. Ironically, THIS is not even my biggest issue with Howard.
When researching this opportunity, I had mulitple conversations, on speaker phone with Howard, myself and several of my associates present. Howard promised a 90 Day, money-back guarantee, as STANDARD OPERATING PROCEDURE, if for ANY reason the opportunity did not work out. He went into great detail about how it was no big deal for him to take a machine back, as he has multiple locations where he can install a machine and make plenty of money with retail sales of coffee. He said he's done this for others 7 times in his 20 years in the business. Subsequently, as with every other promise, he failed to provide it in writing. I am within 90 Days of receipt of the machine, and I have tried, in writing to get shipping information to return the machine and get a refund, as promised. Howard is refusing ALL of my emails, returning them with "Deleted/Not read" in the subject line. I've indicated to Howard that I have NO INTEREST in any protracted battle with him, I simply want to return the machine, after what has been a harrowing experience (I would not even attempt to go into half of it here). If he were making any attempt to honor this guarantee, or even communicate with me (at all), I would not be writing this report, nor forced to take the actions I intend to take, to the full extent of resolution.
Howard's evasiveness, turned hostility, is all because I have insisted on accountability; that he stop the side-stepping and provide me, and all Distributors, detailed information on his business entity(ies)/operations, details about who would succeed him and fulfill orders in his absence, leasing companies/contacts and vendors involved in fulfillment of sales in which I would incur LIABILITY as a Distributor. None of this should be threatening or not readily available, FOR ANY REASON! He FLATLY refuses to provide this information and has become incredibly hostile with each request. He maintains in all his representations that he has been in business for 20 years and has 1000s of machines in the field. Yet, he has been unwilling or unable to provide a single reference for ANYONE with whom he has had any business interactions. This has been beyond belief in my 30 years as a sales professional, including management of sales and fulfillment of commercial equipment in hundreds of retail locations. I provided him dozens of stellar, career-long references when applying for the distributorship. He can/will not provide ONE!
If this weren't enough, I learned just weeks after receiving my machine, that I'd been sent an obsolete model! Keep in mind that I signed on as a Distributor; the machine's sole purpose is to be a demonstration model for selling additional machines. It is inconceivable that any company would send a new Distributor an OLD machine! I learned this, accidentally, when another new Distributor contacted me with concerns over the same contradictions I'd encountered. She mentioned that she was awaiting delivery on her machine, which was the "NEW MODEL." I was stunned. I was sold a machine, which was weeks from being obsolete, which I now strongly suspect was a USED machine, that is MALFUNCTIONING to the point it is useless as a demo on sales calls/events. Several attempts to address the malfunction via Skype session have been ineffective. Howard's "partner" I also learned about accidentally, is "the guy" who supposedly provides any/all technical support on the machines. He is also not responding to my emails about correcting the ongoing issues, which have renedered my machine virtually useless...
Other Distributors and potential Distributors who have CONTACTED ME with the exact same unanswered questions and concerns about Howard's ongoing evasiveness (and things that just didn't add up) have forwarded emails to me in which he has attempted to deflect the questions by discrediting ME through outrageous lies, slander and assertions that I am a "bipolar nut job." He has gone from "Mr. Easy-going, No problem, Nice Guy" to one of the nastiest, unbelievable liars I've ever encountered. This guy is a piece of work!
I have requested in writing to Howard that he SIMPLY provide me the information necessary to return the machine and receive a refund so we may easily end our association. His absolute refusal to respond to my requests leaves me no other option than legal recourse for the multitude of misrepresentations he has made on virtually everything about the opportunity. I wish I had read a report like this BEFORE I ended up with a very expensive machine which is obsolete and inoperable. Howard is a master of evasion and obfuscation on every front.
DO NOT DO BUSINESS WITH THIS PERSON!
The ONLY rebuttal you should accept about this report from Howard is tha he has provided the shipping information for me to return the machine and instructions on how to receive a refund. If he provides it, immediately, I will update my report when I have received a refund. My complaint is very clear. The resolution is even more so.
1 Updates & Rebuttals
howard heller
los angeles,California,
United States of America
Response to her complaints
#2REBUTTAL Owner of company
Sat, October 17, 2015
IN ORDER OF HER "COMPLAINTS"
1. STARBUCKS: After going through the Starbucks website, I found a section that stated they were happy to have other companies promote their coffee beans. I told our customers they could purchase the Starbucks beans directly from Starbucks and let people know they are offering their coffees. I would help them market them.
Subsequently, Starbucks informed me via a cease-and-desist order that I could not promote their coffees or their brands. They told me that what I had read was intended for Licensees only (even though it did not state that on the website). I stopped immediately and have never heard from Starbucks since.
2. COMPANY NAMES: It is true that i have had several names of companies over the past 21 years: proprietorships, partnerships and corporations. Each was changed because the business direction had changed either in ownership or in products/equipment offered. Having been in my own businesses for 50 years, I was never informed that I cannot change or add other business names to my portfolio.
3. LEGAL ISSUES: There are NO judgments or lawsuits against me or any of my former companies.
4. CREDIT ISSUES: She was offered a choice: Become a Sales Rep for the company or the Master Distributor for her markerting area. She chose to become the Distributor for Tampa/St. Pete. Immediately after making that choice, she informed me that her credit was very bad and would not qualifiy for a lease. However, she said she had a friend who would lease the machine for her.
5. RETURN OF EQUIPMENT: She then asked "if things don't work out, can I return the machine"? I told her that would be no problem since it was a lease and I would always find a place to install the machine that would provide more income than the cost of the monthly lease payment.
Then everything changed. She said her friend would prefer paying cash. When we got paid from her friend, she said she needed $2,000 as she had no money. She said she was broke. I sent her $2,000.
As she said in her complaint, there was NO promise to take the equipment back once she kept the $2,000 and her friend chose to buy the Coffeehouse...not lease the machine.
6. REFERENCES: AFTER she started the business, she asked for the names of former distributors, customers and vendors who I have dealt with in my past. I provided all the contact information for several Distributors who have worked with me for 3-5-10 years and customers who have the Coffeehouse machines as well as our primary Vendor information.
* These references and a lot more are available to anyone who wishes to contact these various people to determine my truthfulness in dealing with them over the years as well as how I service our customers and have kept my promises to them.
7. CONSTANT COMPLAINTS: Virtually all of her e-mails and conversations went back and forth from total sweetness and excitement to screaming about how her partner has left her high-and-dry...not willing to help her; the intense heat; the high humidity; the fact that there was no light in her partner's garage to help her check out the machine; how difficult is was to get the machine in and out of her small sedan. The whining just never stopped. What did she expect me to do about any of these complaints?
A Distributor and a potential Distributor who she kept calling and e-mailing were complaining to me that she kept them on the phone for as long as an hour going over the same things over and over again. Continually repeating herself. They told me they no longer wanted to listen to all her negativity. They just stopped responding to her e-mails and calls.
8. REQUESTING A CALL: I told her in my e-mails, again and again: "this e-mailing back and forth is not going to get to the bottom of your issues". I told her "I am not going to continue reading your long-protracted page-after-pages of emails and then having to take me even more time to respond to them". I told her: "Just CALL Me." She specifically responded: "I WILL NOT CALL YOU".
9. "NEW UNIT": As far as the "NEWER" Coffeehouse units: We had been working on adding some additional features to our machines for about six-months. When she ordered her machine (and wanted IMMEDIATE DELIVERY so she did not miss out on the up-coming Home Show) we delivered it as fast as possible. At that time we did not have the newer model available and did not know when it would be ready.
A few weeks later, another lady chose to become the exclusive Distributor for her marketing area and wanted her machine delivered immediately. We did not have the new model. I told her I could deliver the current model or she could wait two weeks to get the up-dated unit. She chose to wait the two-weeks. The new model is the unit she received.
Stating the machine she purchased is "obsolete" is just not true. Both machines are basically the same except the "new model" has a larger overflow tray, two size drink offerings and legs. (The larger overflow tray will not slide in without lifting the machine via the legs)
None of these changes have anything to do with her having the ability to "demonstrate" the machine. The outward appearances are almost identical and the quality of the specialty coffees are exactly the same...Exceptional!
10. COMPARING RESPONSES: Every time she e-mailed or called me wanting help to correct the issue she was requesting us to help her service, SHE cancelled. Either her partner was not home and the unit was in her partner's garage or her mother had to go into the hospital and she wasn't available or there were other excuses. We were ALWAYS available. She wasn't.
SUMMING UP: She took her machine to the Home Show the day after it arrived. She said she served hundreds of drinks...non-stop. She was so excited that she had rave reviews from virtually all the people who were served our specialty coffees. She told me she generated a number of very interested potential clients.
So, what did she do thereafter? Continue to e-mail and call me to complain about how she had no time to speak to any of the coffee lovers at the Home Show because her partner did not show up to help her; that she was furious because she had not time to eat or go to the bathroom and how exhausted she was due to the heat and the humidity! What did she expect me to do about any of these issues? Yet I had to listen to them over and over again.
All the marketing materials, equipment, support, financing for her customers was provided as promised by contract. She is obligated by contract to sell or lease at least two machines per month. She has produced nothing!
I AM STILL WAITING FOR HER CALL!