Six Heating & Air Conditioning

This is the last letter I sent Six, which summarizes my experiences.  Since I have not received a response from him, I am now going through the process of filing suit against him.  When I called consumer affairs to confirm the correct name, I found out his license has lapsed. 



Sixto,



Because it has been over six months, our heat is still not working properly, and you have been notified on many occasions of the situation and have not rectified it, we are giving you 10 days to return our $8,000 deposit + $481.50 that we paid to a reputable heating and air company to figure out what was wrong with our system + the cost of a reputable heating and air conditioning company to reconnect our baseboard heating before we proceed with legal action.  In return, you can take your heating and air conditioning units.  We have given you numerous opportunities to fix the problem, but you have not responded.  We have sent you pictures of thermostats where the settings are at 71 degrees and the temperature is at 82 degrees.  That was within an hour.  It goes up even higher (attached are more pictures).  After speaking to another company, we were informed that there is not enough ductwork for the size of the unit you have installed.  They said that given the space, there really isn?t room to have the appropriate size ductwork with that unit.  Furthermore, they said that they would absolutely recommend moving that unit from the attic or building a heated area around it as it is a freezing risk left there as is.  When all is said and done, it is going to cost us much more to fix what you have done to our home and have our home heated properly.  As I?m sure you are aware, contractors found in violation of the Consumer Fraud Act, are subject to treble damages, attorneys fees and costs.  A synopsis of the CFA is attached as well.  One thing to note is that case law makes clear that proof of a single violation of these regulations is sufficient to establish unlawful conduct, whether or not intent was established or not.  Specifically the article mentions strict liability imposed on the most minimal of violations such as no start/finish date on the contract or asking for final payment prior to completing the work and/or furnishing copies of the inspection certificates.  On the surface, the violations we see so far are below:1.      You did not obtain necessary work permits prior to commencing work ? only after Jeff contacted the township and found out that you did not obtain permits did you get them.  Work permits are dated 9/6/2013, work commenced 8/6/20132.      You demanded final payment before final inspection, which we have text message evidence of.  You did not even inform us that we needed to get an inspection.  Only after my husband talked to the township, did he find out that we should not pay you until inspection is complete and the unit is working properly.  You then made a statement to him about not tipping your wait staff and expecting them not to spit in your food.  That was right before you called him a F***ing A**Hole for not paying you.  3.      Missing the contractor?s Division of Consumer Affairs registration number, and the DCA?s toll free number must be displayed prominently on the first page of the contract 4.      We did not receive a copy of the Commercial General Liability Insurance including phone number5.      No product and material information found in contract (i.e. ? brands)6.      Contract missing start and finish date7.      We have not received a statement of warranty information as to products, materials, labor or services Other things of note that may or may not be official violations of the CFA, but certainly will be investigated further if we retain counsel8.      You did not inform us that we were going to lose heat in our finished basement 9.      You gave our garage code to two other contractors without notifying us who then showed up at our house unannounced. 10.   The gas was turned off and left off in our house.  We needed to take our 6 month old over to my mothers? house as we had no air conditioning, no hot water, couldn?t cook dinner and you would not return our calls.  After you finally returned my step-fathers call, at 9pm at night, you entered our house, unknown to my husband or myself, and came up to our bedroom.  In another instance, the hot water heater was turned off.  In addition to all of the above, you have threatened us with legal action if we share any of our experiences online, with BBB, Angies List, or Consumer Affairs.  We have no intention of lying about you or your business.  In 10 days, however, if this has not been resolved, we will share this letter with all of the above as well as proceeding with an attorney seeking treble damages (on the entire amount to fix the work), lawyer?s fees, and costs.