Ennis Del Mar
San Francisco,#2Consumer Comment
Wed, March 05, 2008
Sounds like there was some sort of a friendly work related interaction between the two parties involved at the start. However, at some point things went South. Shahana not only is crying sour grapes, she has posted some particularly slanderous statements not only about the company, but about the company owner's wife personally. These statements which are posted to a worldwide online audience are seriously liable. People should really be careful about what they decide to post online. I don't know who's right or wrong with the whole scenario she described. Sounds like a "he said, she said" kind of thing quite honestly. However, when you go ahead and make that extra step to actually broadcast slander to a worldwide online audience, you're opening yourself up to a whole new mess of potential legal troubles. Think before you post, people!!
Dwarf
Hanover Park,#3Consumer Suggestion
Sun, April 08, 2007
First of all no worker/company can even BEGIN a job value in excess of $1,000 on a Single Family Home (condo's included) without being subject to the Illinois Home Improvement Act. (with certain exceptions like carpet, replacing a water heater, etc.). A lot of "general" attorneys are completely ignorant of this aspect of consumer protection, especially when Victimized Homeowners are fighting an IMPROPER MECHANICS LIEN having been filed and an IMPROPER, and frankly ILLEGAL FORECLOSURE of MECHANICS LIEN. The "Act" first states that verbal quotes are invalid. Secondly that there must be a contract in writing. Third that before a contract can even be signed there must be disclosure and submittal of a brochure which is entitled "know your rights" and includes the name of the "Act". The "contractor" (plumber in this case) must also acquire a written receipt from you that acknowledges that he has presented you with this brochure and that you acknowledge having recieved it. Your FIRST AFFIRMATIVE DEFENSE should be that this was in VIOLATION of the Illinois Home Improvement Act. Your second AFFIRMATIVE DEFENSE is that the resulting actions by this plumber (filing lien and foreclosure of lien) is an ACT OF CONSUMER FRAUD. *If what you represented in your post was TRUE, COMPLETE and ACCURATE. Next, your issues about your UNRELATED business activities with this individual and/or company are irrelevant regarding your or your husband's architectual/engineering company (unless the aforementioned home is not owned by yourselves in your name or a trust in which you as individuals are the beneficiaries, but is in fact owned by this company entity, then your defenses mentioned above would not apply). The doctrine of unclean hands, (if your remedies regarding the "Act" (and the Consumer fraud Protection Act of Illinois) do/does in fact apply; would negate any claim by the plumber of "unjust enrichment" and void any and all claims he had. Finally, the "Act" requires that the receipt for the "brochure" and any later contract MUST BE IN WRITING, and MUST BE SIGNED PRIOR TO THE COMMENCEMENT OF ANY WORK. Contact the Consumer Fraud Division of the Illinois Attorney General's Office of Illinois and the Consumer Fraud Division of the (whichever county is applicable) Cook, Lake, etc. State Attorney's Office. I note there has been no update recently on this rip-off report; but shared the information for other Illinois Home-owning Consumers. P.S. There are provisions for owner-occupied residential structures that are multi-family to be covered under the act - I forget if the limit is 3, 4 or 6 residences in the one structure that make the act applicable you'll have to review the "Act" to determine if it may or may not be applicable to your own unique circumstance. The official Illinois State Government portal is: http://www.illinois.gov you can then click on the "State Agencies" link to find an alpha sort list, choose "Attorney General" link. Then select the link for Consumers, and scroll down to find a heading for "Home Improvement" you will find several very informative links and documents as well as a direct link to the general assembly records providing a verbatim wording of the "Act". Regarding your debt collection you have other avenues to persue.
Shahana
Hoffman Estates,#4Author of original report
Fri, May 12, 2006
Alans Plumbing Co., Des Plaines, Illinois, billed 200% of original verbal quote by padding the hour worked and double billing materials. Instead of giving a "material discount" in order to help us, they took advantage of our situation. When caught red-handed, the plumber's wife, out of spite, filed a mechanics lien on our house for an amount higher than the original padded invoice. Additionally, the plumber's installation was defective and will have to be removed and reinstalled.