What is the name of your state? Georgia
Four or five years ago, I put down a considerable amount of Bruce oak flooring, bought from Home Depot, for my brother. I removed the existing floor, utilized floor leveler for all unlevel areas. . .at some points, I essentially re-capped large ares of the floor (halls, etc.). I installed the flooring with Bruce brand adhesive, which was also bought at Home Depot, as was the floor leveler. The material was delivered by Home Depot and paid for by my brother with a Home Depot credit card. I accepted delivery, and any paperwork accompanying it. I installed the flooring with little difficulty...no different than any other similar flooring I have installed. I am not a professional, but I did this type of work part time throughout college and full time afterward for a couple years. Still, I have no "certification" doing it, per se. Well, the fllor did fine for about 9 - 10 months, and then it started "popping up" in several places, and has continued to do so. It has not came totally loose, it simply "pops" when it's walked over...it "bulges", I guess you would say, and pops because when weight is applied, it makes contact again with the floor, holds for a second, and then "pops" back up. To me and others who have loooked at it, it most surely seems that the integrity of the adhesive is faulty, and is losing it's ability to hold the flooring down.
I looked into Bruce's warranty, which is lifetime, with stipulations even if another brand (as long as it is the correct type) of adhesive is used, but like I said, I used Bruce brand, anyway. Well, I asked my brother for all paperwork, receipts, etc., and he gave me what he had, which was everything related to the charge company...he had immediately paid off the charge for the material, but it did show for the month that the charges were applied. However, it merely showed as "Flooring", etc., and no where did it say "Bruce" brand...I had no itemized receipt. Now, my brother keeps everything, and I am sure that Home Depot gave me a proper receipt and that I lost it. I say that simply because it's not available now, and if it is to be blamed on anyone, I am sure that blame lies at my feet, simple as that. Well, since then, I have been attempting to get a copy of the receipt from Home Depot, and have gotten copies of all sorts of things except the actual itemized receipt from the register. I went through a more than year long process getting all this stuff, ranging from copies of the credit card statements through "register transaction reference numbers" for every single item purchased from Home Depot at that time. I even have a copy of the portion of the actual register receipt that my sister-in-law signed at the time of purchase, but not the other "half" of that receipt that shows and identifies each item purchased. Throughout this process, I was assured three times that Home Depot "no longer had any more copies of paperwork on this matter", but after inquiring steadily upwards, I got three more copies of documents up to and including the copy of the receipt portion with my sister-in-law's signature. As such, I can never be sure when they may say to me "Well, we no longer have copies of that documentation" that it is actually true. I feel like they may well be just trying to put and end to my bothering them. I can't say I really blame them, but I really need this material.
What I am thinking is that the "other half" is also available somewhere, but is likely archived, stored, etc. There are actual "register reference numbers" for each purchase, the exact time and all details of the purchases are known, so I think it should be findable. I was told by one HD accounting employee that the paperwork I sought was available, but would be a "pain" to locate, as it would have to be physically pulled from a warehouse where all this stuff was kept, but I have no idea what is true, if anything, about that statement. She was currently employed at the Valdosta, GA, Home Depot, but I don't know if she was contract or an actual HD employee. when I asked her if it would have to be manually located, she said that it would be located in a "box" somewhere in a warehouse, but that this box would be very easily identified via a database with the info I had, and it would have to be physically "pulled", sort of like pulling a file from an alphabetically organized filing cabinet...you don't have to look through every item searching for it, but kind of like using a card catalog to find a library book. So, it is not really too much to ask of Home Depot, really, even if it was my error in the first place.
I do know that this is not Home Depot's fault in any way, shape nor form. Even if they did not bring another copy with the actual delivery, I would have kept the one from the actual purchase to turn over to my brother, as I went to pick out the materials and my sister-in-law went to sign for the charge, and I would have pocketed the receipt to give my brother. He would have immediately filed it, as he is very ordered in such matters, so the fault is only mine that the original we received is not available.
I do, however, believe that Home Depot does possess a copy of this paperwork, and I am wondering if there is any "legal request" that I can submit to Home Depot in which they are legally bound to either submit the receipt to my brother, tell him they have it and charge him accordingly for it/give him some reason that they won't give it to him (which I owuld doubt...I feel like if they get it they will give it to him gladly), or state formally that they do not possess the material, (a statement that I can believe, not simply because someone doesn't want to go to the trouble to look for it). Then, I would know it is not worth looking into anymore.
I remember an attorney speaking to a friend of mine of a "subpeona duces tecum" (is that even the right term??) in which he had to try to get records from a third party in some litigation, wherein his client was suing someone and he (the lawyer) had to get medical records from an uninvolved third party...I remember him saying something about a subpeona duces tecum, if that's what I am trying to say, as a way to formally request docs from a third party, and that is if I understood him properly. Now, in this case, there is no current litigation to subpeona information "off of", and I don't foresee any right now. And, if there is any in the future, it surely wouldn't be against Home Depot, as the faulty product was manufactured by Bruce/Armstrong, and they furnish the warranty. So, I know that this is likely not at all applicable to the matter at hand, but I thought it would be a good way to sort of explain what I want.
In a nutshell, what I am looking for is a way to submit a formal, legal request to Home Depot asking about the existence of this documentation that they would have to answer truthfully. I understand them not wanting to fool with this, especially since they are a third party and I lost the receipt to start with, but I really need and want to get a copy of this receipt or a definite, truthful statement that it does not exist. I feel bad about losing it, but I can't back the clock up. I never would have foreseen needing the receipt for warranty reasons, as I have never had any similar floor problems. But my brother always keeps all material like this, especially on matters costing this much, and I really intended to, too, I just don't recall misplacing it, although I am sure I did. The flooring materials alone cost nearly $4000.00. I would hate to guess the price of pulling all that flooring up and replacing it. I did make an initial query to Bruce early on, but when they found out I only had these credit card statements as receipts, they said that is was insufficient. They essentailly said that they had a lab that they use to examine this stuff for faults, but they would only use it to attempt to avoid paying off on a warranty, not to affirm a need to pay off on a warranty...i.e. They can prove or disprove that the material is in fact theirs, but they only seek to disprove, not affirm. I guess I understand that.
So, any help would be appreciated. My only query here is if anyone can advise me if there is any applicable "formal legal request", and I apologize for the length of the post. I simply wanted to set up a proper foundation to what I am saying to assist your understanding of my rambling explanation.
Thanks a bundle.
Four or five years ago, I put down a considerable amount of Bruce oak flooring, bought from Home Depot, for my brother. I removed the existing floor, utilized floor leveler for all unlevel areas. . .at some points, I essentially re-capped large ares of the floor (halls, etc.). I installed the flooring with Bruce brand adhesive, which was also bought at Home Depot, as was the floor leveler. The material was delivered by Home Depot and paid for by my brother with a Home Depot credit card. I accepted delivery, and any paperwork accompanying it. I installed the flooring with little difficulty...no different than any other similar flooring I have installed. I am not a professional, but I did this type of work part time throughout college and full time afterward for a couple years. Still, I have no "certification" doing it, per se. Well, the fllor did fine for about 9 - 10 months, and then it started "popping up" in several places, and has continued to do so. It has not came totally loose, it simply "pops" when it's walked over...it "bulges", I guess you would say, and pops because when weight is applied, it makes contact again with the floor, holds for a second, and then "pops" back up. To me and others who have loooked at it, it most surely seems that the integrity of the adhesive is faulty, and is losing it's ability to hold the flooring down.
I looked into Bruce's warranty, which is lifetime, with stipulations even if another brand (as long as it is the correct type) of adhesive is used, but like I said, I used Bruce brand, anyway. Well, I asked my brother for all paperwork, receipts, etc., and he gave me what he had, which was everything related to the charge company...he had immediately paid off the charge for the material, but it did show for the month that the charges were applied. However, it merely showed as "Flooring", etc., and no where did it say "Bruce" brand...I had no itemized receipt. Now, my brother keeps everything, and I am sure that Home Depot gave me a proper receipt and that I lost it. I say that simply because it's not available now, and if it is to be blamed on anyone, I am sure that blame lies at my feet, simple as that. Well, since then, I have been attempting to get a copy of the receipt from Home Depot, and have gotten copies of all sorts of things except the actual itemized receipt from the register. I went through a more than year long process getting all this stuff, ranging from copies of the credit card statements through "register transaction reference numbers" for every single item purchased from Home Depot at that time. I even have a copy of the portion of the actual register receipt that my sister-in-law signed at the time of purchase, but not the other "half" of that receipt that shows and identifies each item purchased. Throughout this process, I was assured three times that Home Depot "no longer had any more copies of paperwork on this matter", but after inquiring steadily upwards, I got three more copies of documents up to and including the copy of the receipt portion with my sister-in-law's signature. As such, I can never be sure when they may say to me "Well, we no longer have copies of that documentation" that it is actually true. I feel like they may well be just trying to put and end to my bothering them. I can't say I really blame them, but I really need this material.
What I am thinking is that the "other half" is also available somewhere, but is likely archived, stored, etc. There are actual "register reference numbers" for each purchase, the exact time and all details of the purchases are known, so I think it should be findable. I was told by one HD accounting employee that the paperwork I sought was available, but would be a "pain" to locate, as it would have to be physically pulled from a warehouse where all this stuff was kept, but I have no idea what is true, if anything, about that statement. She was currently employed at the Valdosta, GA, Home Depot, but I don't know if she was contract or an actual HD employee. when I asked her if it would have to be manually located, she said that it would be located in a "box" somewhere in a warehouse, but that this box would be very easily identified via a database with the info I had, and it would have to be physically "pulled", sort of like pulling a file from an alphabetically organized filing cabinet...you don't have to look through every item searching for it, but kind of like using a card catalog to find a library book. So, it is not really too much to ask of Home Depot, really, even if it was my error in the first place.
I do know that this is not Home Depot's fault in any way, shape nor form. Even if they did not bring another copy with the actual delivery, I would have kept the one from the actual purchase to turn over to my brother, as I went to pick out the materials and my sister-in-law went to sign for the charge, and I would have pocketed the receipt to give my brother. He would have immediately filed it, as he is very ordered in such matters, so the fault is only mine that the original we received is not available.
I do, however, believe that Home Depot does possess a copy of this paperwork, and I am wondering if there is any "legal request" that I can submit to Home Depot in which they are legally bound to either submit the receipt to my brother, tell him they have it and charge him accordingly for it/give him some reason that they won't give it to him (which I owuld doubt...I feel like if they get it they will give it to him gladly), or state formally that they do not possess the material, (a statement that I can believe, not simply because someone doesn't want to go to the trouble to look for it). Then, I would know it is not worth looking into anymore.
I remember an attorney speaking to a friend of mine of a "subpeona duces tecum" (is that even the right term??) in which he had to try to get records from a third party in some litigation, wherein his client was suing someone and he (the lawyer) had to get medical records from an uninvolved third party...I remember him saying something about a subpeona duces tecum, if that's what I am trying to say, as a way to formally request docs from a third party, and that is if I understood him properly. Now, in this case, there is no current litigation to subpeona information "off of", and I don't foresee any right now. And, if there is any in the future, it surely wouldn't be against Home Depot, as the faulty product was manufactured by Bruce/Armstrong, and they furnish the warranty. So, I know that this is likely not at all applicable to the matter at hand, but I thought it would be a good way to sort of explain what I want.
In a nutshell, what I am looking for is a way to submit a formal, legal request to Home Depot asking about the existence of this documentation that they would have to answer truthfully. I understand them not wanting to fool with this, especially since they are a third party and I lost the receipt to start with, but I really need and want to get a copy of this receipt or a definite, truthful statement that it does not exist. I feel bad about losing it, but I can't back the clock up. I never would have foreseen needing the receipt for warranty reasons, as I have never had any similar floor problems. But my brother always keeps all material like this, especially on matters costing this much, and I really intended to, too, I just don't recall misplacing it, although I am sure I did. The flooring materials alone cost nearly $4000.00. I would hate to guess the price of pulling all that flooring up and replacing it. I did make an initial query to Bruce early on, but when they found out I only had these credit card statements as receipts, they said that is was insufficient. They essentailly said that they had a lab that they use to examine this stuff for faults, but they would only use it to attempt to avoid paying off on a warranty, not to affirm a need to pay off on a warranty...i.e. They can prove or disprove that the material is in fact theirs, but they only seek to disprove, not affirm. I guess I understand that.
So, any help would be appreciated. My only query here is if anyone can advise me if there is any applicable "formal legal request", and I apologize for the length of the post. I simply wanted to set up a proper foundation to what I am saying to assist your understanding of my rambling explanation.
Thanks a bundle.