Corporate Representative
Indian Trail,#2REBUTTAL Individual responds
Sun, August 21, 2011
Fun City serviced Mr. Keene Samuels swim spa and made every attempt to keep Mr. Samuels a happy customer. Mr. Samuels had a manufactures warranty and Fun City did everything in its power to error on the side of the customer even when the manufacture declared the claim non defective. Fun City incurred thousands of dollars in expenses that the manufacture would not reimburse and never collected just compensation from Keene Samuels. Keene Samuels purchased a swim spa at a show direct from the manufacturers representative after shopping many brands on display at a four day factory sponsored event in Greensboro Coliseum in 2008. Fun City of Charlotte supported the transaction with the pretenses Mr. Keene Samuels would purchase the floor model unit according to the written show agreement; clearly stating the unit only had a manufactures warranty. Mr. Samuels was purchasing a spa for his wife who had a medical condition and also worked directly with the Vice President of the manufacture to understand how to operate the spa and what the warranty was on the unit.
The first and only conversation Mr. Keene Samuels had with Mr. Stephen Harold was after Mr. Harold received a phone call from the delivery crew stating that Keene Samuels just called them asking them when they were going to pick up his spa. Keene Samuels falsely stated he had spoken to Mr. Harold and gotten permission to return the spa. Mr. Harold never had a conversation with Mr. Samuels nor did he ever authorize anyone take back his spa. After researching the history on his service, Mr. Samuels had only logged cosmetic issues which didnt justify a costly refund when all the issues were easily corrected.
Only the manufacture could approve a return but Mr. Keene Samuels made multiple false statements to try and force a local retailer to return his purchase. The Pool and Spa Show, where Mr. Keene purchased his spa, exchanged out his spa to find out the one returned had nothing wrong with it.
They also exchanged out every skirting section to appease Mr. Keene. Every item that Fun City returned to the manufacture was deemed non defective by the manufacture. His final and only open issue was the cover sagging with a small puddle after a heavy rain.
Sadly Mr. Keene Samuels tried to use his wifes medical condition as an excuse to force the manufacture to take back his spa. The manufacture would not take back his spa for the reasons Keene Samuels claimed because the spa was not defective. Fun City serviced his spa under warranty until the manufacture denied his false service needs.
Mr. Keene Samuels of Pfafftown, NC filed a claim with The North Carolina Consumer Protection Division claiming Fun City failed to service his spa. The North Carolina Consumer Protection Division sided with Fun City on Keene Samuels meritless claims after documentation was provided proving otherwise.
Mr. Keene Samuels won a default judgment against Fun Home & Leisure Inc. (DBA Fun City) due to the company being forced into bankruptcy because of the harsh economic times. Under the advice of their attorney they decided to forgo a costly trial where the best outcome would be spending $20,000+ to win $9,000, which is what Mr. Keene Samuels wrongfully back charged on his credit card for partial purchase of his spa.
The default judgment in no way supports Keene Samuels claims of scam or other wrong intent by Fun City or Stephen Harold. Mr. Keene Samuels purchased an item under contact and then made false claims and statements and now is continuing to do so and will be held accountable.