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Pool company refuses to give pool filter back after we wanted to end business with him.

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mau99

Member
What is the name of your state? Maine When we moved into the house we bought w/ a 20X40 foot inground pool, there
was no filter in the pool, and a pool person said what probably happened was that the pool company took the filter to
clean it, but didn't bring it back because the house was sold. The pool was covered and when we took the cover off, the
water was extremely dirty and scummy. We bought a filter which cost $800-$900, We had to call a different pool company
to clean the pool. The owner brought a filter similar to ours to filter the pool for 3 days. It cost close to $800 to clean. When he
closed the pool, he took the filter to be cleaned and brought it back in the spring when we opened the pool. We needed
a new pool cover, and the owner gave us a quote o$1050 if we use the old hardware from our cover, or $1150 if we wanted
new hardware. We chose getting the new hardware. He came over to pick up the pool cover, and said he wanted to measure
the pool to be sure he was ordering the right size, and then he said it was bigger than he thought. Even though he had
seen the pool quite a few times and he has been in the business for 30 years...he said that he thought the pool was 18 X 36,
which is a lot smaller than 20X40. Our neighbor has an 18 X 36 and they use this same guy for their pool. We called and
told him to forget it, because, first of all it's not believable for someone so experienced to be that far off, and second of
all when a quote is given, and a mistake is made, it is usual for a business to stick the quote. So when we were going to
open the pool we called and he said he couldn't get here until next week. He never came and we assumed he was busy,
but when we called he said that he never spoke to us or he doesn't remember speaking to us. When he was asked
about giving a quote for the cover and then changing it, he said he thought it was 18X36 and he was wrong and he's not
in the business for losing money in a very angry tone. We told him we just want him to drop off the filter and cover. He
said he didn't have the filter...first he said he never took it, and then he said "If you go down and look, it's there" We
asked, where the bolts would be , and he said "In the basket". Even though we knew he never brought it back we checked and
nothing was there. I tried calling him back several times and he finally called back. I told him that we don't have our filter, he never
brought it back . He said, "Well I haven't seen it. I'll have to check again, and I will bring them over tomorrow morning." He drove
down to the pool, dropped off only the old cover, no filter and left quickly. Any suggestions?
 


LdiJ

Senior Member
What is the name of your state? Maine When we moved into the house we bought w/ a 20X40 foot inground pool, there
was no filter in the pool, and a pool person said what probably happened was that the pool company took the filter to
clean it, but didn't bring it back because the house was sold. The pool was covered and when we took the cover off, the
water was extremely dirty and scummy. We bought a filter which cost $800-$900, We had to call a different pool company
to clean the pool. The owner brought a filter similar to ours to filter the pool for 3 days. It cost close to $800 to clean. When he
closed the pool, he took the filter to be cleaned and brought it back in the spring when we opened the pool. We needed
a new pool cover, and the owner gave us a quote o$1050 if we use the old hardware from our cover, or $1150 if we wanted
new hardware. We chose getting the new hardware. He came over to pick up the pool cover, and said he wanted to measure
the pool to be sure he was ordering the right size, and then he said it was bigger than he thought. Even though he had
seen the pool quite a few times and he has been in the business for 30 years...he said that he thought the pool was 18 X 36,
which is a lot smaller than 20X40. Our neighbor has an 18 X 36 and they use this same guy for their pool. We called and
told him to forget it, because, first of all it's not believable for someone so experienced to be that far off, and second of
all when a quote is given, and a mistake is made, it is usual for a business to stick the quote. So when we were going to
open the pool we called and he said he couldn't get here until next week. He never came and we assumed he was busy,
but when we called he said that he never spoke to us or he doesn't remember speaking to us. When he was asked
about giving a quote for the cover and then changing it, he said he thought it was 18X36 and he was wrong and he's not
in the business for losing money in a very angry tone. We told him we just want him to drop off the filter and cover. He
said he didn't have the filter...first he said he never took it, and then he said "If you go down and look, it's there" We
asked, where the bolts would be , and he said "In the basket". Even though we knew he never brought it back we checked and
nothing was there. I tried calling him back several times and he finally called back. I told him that we don't have our filter, he never
brought it back . He said, "Well I haven't seen it. I'll have to check again, and I will bring them over tomorrow morning." He drove
down to the pool, dropped off only the old cover, no filter and left quickly. Any suggestions?
You are going to need to sue him in small claims court. That is your only option.
 

mau99

Member
Thanks, That's what I thought. Since he has our filter, our pool is turning into a swamp, like it was
when we opened it originally. In addition to the filter, can we sue for the amount this guy
charged us to clean it, $800?
 

xylene

Senior Member
You need to mitigate your own damages by installing a filter.

You cannot sue for the past acceptably rendered services.
 

mau99

Member
Normally I would agree, but I don't have an extra $800-$900 for another filter, and the damage is already done. So this is not
your normal case for mitigating circumstances. What "past acceptably rendered services" are you talking about? He literally stole
our filter, and but for him doing that, our pool would be fine.
 

xylene

Senior Member
What "past acceptably rendered services" are you talking about?
You aren't due a refund for the cleaning. I understand you are in a dispute, but you have a HUGE pool and the water need to be filtered.

You get to sue for the value of the filter. That's it.

If you don't have money to maintain your pool you should fill it in. They sell filters at Walmart.com. This guy isn't the only pool man in Maine. Have plumber install it. It's simple PVC pipe work.

Your dispute over the cover estimate sounds middling and trivial quite honestly. You expect to hold the guy to a quote with a mistake as to the size?
 

mau99

Member
First of all I I wasn't looking for a refund for a cleaning, and if your read what I said, you would know that. Second of all the guy didn't make a mistake. Nobody in business for 30 years could mistake the drastic difference in the size. . If you can't comprehend what is said, you have no business giving advice!
 

Zigner

Senior Member, Non-Attorney
First of all I I wasn't looking for a refund for a cleaning, and if your read what I said, you would know that. Second of all the guy didn't make a mistake. Nobody in business for 30 years could mistake the drastic difference in the size. . If you can't comprehend what is said, you have no business giving advice!
Feel free to consult a local attorney who will be paid to suffer your attitude.
 
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