Consumer Rights Mission: New Submission

Submitted By (Submission ID): Gary Bertholdt from South Africa (56049832)

Subject: Abacus Gardens takes money and doesn't deliver

Description: Good day Aswill
I am responding to your email dated 16 September 2011 at 16h15.
I would like to clarify a few facts which I think need to be clearly outlined.
My wife Mare-Lize', met with Jaco your sales consultant in the beginning of August.
They discussed a plan for our garden.
I asked for a meeting at the house with Jaco and a "decision maker", which happened on Saturday the 13th August with both yourself and him.
On Monday the 15th August you sent me an email outlining the payment plan with the post dated cheques and how the payments would be handled.
The dates on the cheques corresponded to approximate progress dates.
I did ask to be called as per the email before the cheques were banked in order to do direct transfers for 3 reasons,
Firstly to save the cost of the cheques
Secondly that way the money clears in your account immediately
And thirdly to be certain that the necessary work was done relative to the amounts being banked.
The first cheques for R20,000.00 was not banked, as I did a transfer on the required date (18 August 2011).
I was phoned on the day of the second chq for R50,000.00 (25 August 2011) to be banked and asked if would be doing a transfer, to which I said I would.
I did the transfer as I said , ONLY TO FIND THAT ABACUS HAD ALSO BANKED MY CHEQUES FOR R50,000.00
I had to ask the bank to stop that cheques as it had been through my account as well as the transfer I made.
I called your office on the 26th of August when you did not take my call, I called you on your mobile phone and left messages for you.
Once again you did not return my call.
I called the office and wanted to speak to a person who could give me my money back because I could see that At that time already Abacus was not delivering on what you had Promised My wife and I.
I called you again expressing that there was not enough compost to plant the new plants and that I was sure that you needed to deliver compost in order for the plants to be planted in. you said that "you would make sure that there was enough " no more was delivered.( this was the beginning of clear evidence that Abacus was trying to cut costs and in so doing "cut corners" and supply sub standard product)
One of your experienced staff approached us and said that "there was not enough compost for these plants"
After trying to get hold of you and being told that you were off sick I asked for someone who could help me.
I spoke to a female director on the phone, who tried to make out like I was in the wrong.
I explained that I was so unhappy that I wanted my money back.
I sent you a text message on the 7th of September that read the following "Hello Aswill. I am extremely unhappy. Abacus Banked 2 chqs for R37000. This was not our agreement. Its Wed eve. no grass this is totally unacceptable. I want site meeting tomorrow. I am tired of this. Bring your lady and Jaco lets sort this out tomorrow. Gary"
You never responded at all to this message, you FLATLY IGNORED ME .
I called you at 08h42 on the 8th of September. I left a message. Once again no response from you.
I called you at 14h03 on the 15th of September. Left message. Once again no response
I called your office on the 8th of September asking for Harold Horn or Aswill horn senior. I was told by your receptionist that she was not allowed to give out either cell phone numbers, I expressed my unhappiness and requested one of them to call me back.
I called you AGAIN at 10h00 exactly on the 16th September. Got your voice mail again.
I called your office again asking for Harold or Aswill senior as I was not getting a response from you, or anybody who would or could help to sort out the total mess that Abacus had made, as well as the "sub standard plants and grass that had been delivered.
I was put through to a Dieter, who said he was the wrong man , then spoke to Olivia , whom I expressed my dissatisfaction

Since this message on the 7th of September requesting and urgent sight meeting and outlining my total dissatisfaction with the way the project was being handled, I had absolutely no response.
We had to call Abacus 6 times in order to get the "tree felling" team to the sight to complete the work.
You did not respond to my text message and once again flatly ignored me.
I tried to call Harold Horn as well as Aswill senior in order to speak to somebody who could come to the sight and see why I am so unhappy and try to resolve the situation.
Eventually on Friday the 16th of September at 12h14 you returned my call, at which stage I expressed my dissatisfaction as well as requested a sight meeting to go through the project and show you why I was unhappy and get some kind of resolution.
You response was that you would come back to me and let me know a time.
I then received your email late on Friday afternoon.
In your email you say that the irrigation system should water the plants and grass twice per day and that we must ensure there are no "dry areas". The right thing to do considering the magnitude of this project for Abacus would simply be to come and satisfy yourself that you as the grass and plant installer is happy that the irrigation system which was installed by a very well known and reputable company "Mirrigation" that have been in the irrigation business for over 20 years, and I'm quite sure that judging by there service, reliability and quality clearly know what they are doing when it comes to effective and efficient irrigation systems, is doing what you require the irrigation to do.
As you clearly indicate in your email attached hereto, "as most things in life issues do occur" and as per abacus terms and conditions any complaints and changes must be put in writing. It is not exactly necessary to put a problem in writing that your own staff can clearly see when they do eventually come to sight "un announced " and acknowledge our "frustration".
I need to show somebody physically that my lawn looks like a mountain, and that there are gaps in the grass the size of tennis balls and that Abacus have not and will never be able to get the grass level.
I need to show this to somebody so that when I do come to put the complaint in writing, the recipient can understand as it is very difficult to explain how bad this grass actually is.

I think you need to realize that all I have been attempting to do all along is "get what we paid for" not some "off cuts" of old grass that have been spread out across our garden.
I expressed concern about the fact that you did not put any compost down before laying the soil. To be told that "red soil is very good"
We have had 2 other garden people looking at this project and both have advised us that the installer is cutting corners and the grass supplied is "so bad that they have never seen anything like it"

When we said we were not happy with the thorn trees that were brought to site, Madelaine showed me a lovely plant that would be installed instead of the thorn trees.
When I got home after the new shrubs were planted they were one quarter the size that I was shown. I even asked my wife to come home specially to confirm that the new plants were in fact correct. We were told "no sorry but we have planted a lot more"
This is not what we ordered or what you and Jaco agreed to install. Once again as you clearly indicted and referred back to your contract, "changes must be made and agreed to in writing"( not so easy is it when it doesn't suit you.)
I am confirming that you have not done what was agreed and you did bank my cheques as well as take the money I transferred.
The agreement was that you would call me before banking my cheques, which I re iterate once again you did not do.
After you banked the 2 cheques on the 5th of September after clearly verbally agreeing with me that you would first meet and discuss the project, I don't know how you can try to justify your outright dishonesty in an email to me and say that you have waited for payment from me.
The fact that you haven't banked my last cheques is simply because Abacus is so far behind with this project and that between my wife and I, we have tried everything possible with both Jaco and Madelaine and yourself to get this situation resolved.
The fact you even consider telling me in an email that I have one chance at a snag list when Abacus hasn't nearly finished the project or that you wont even commit to meeting with us on the sight to discuss issues before we make the snag list is indicative of the way you do business. It is actually so ridiculous that after you send your email your "team arrives on Saturday morning to try complete the project and has to come back on Monday 19th September to do more work.
I have attached photos to show how bad the quality of the grass is and how small the plants are.
When you initially took on the project we discussed the back garden and I said on more than one occasion that your quote included the back garden and as per the drawing we signed off the back was should be completed with both grass and plants. Abacus has not put any grass in the back garden at all.
In closing I would like to say that we as a couple have tried everything to resolve the issues with Abacus, and as you can see by our number of phone calls have been left with no alternative but to once again request that you refund our money and we will have the grass removed and you can collect it form the pavement. For people like us , R133,000.00 is a lot of money and all we wanted was to get what Abacus promised us.
When Abacus changed the quantity and size of plants installed , Abacus didn't put it in writing, you just said "the plants will grow"

The way you have handled this transaction you leave me no alternative but to appeal to Abacus for a refund because they have not delivered what we have paid in advance for.
We have built this house ourselves over the past 18 months and Abacus are the only contractor that we have had this problem with.
It is clear that by the way I have conducted myself throughout this contract ,we have tried to simply get a resolution, but your unwillingness and total disregard and disrespect have left me with absolutely no alternative but to request a refund.
We chose Abacus because we thought that it was a reputable company that would not "cheat us out of our money" and it is both disappointing, annoying and quite scary for a couple to be treated like this, a feeling that a company can take our money and when there is a problem not one of the directors will take the time to come to site and help get a resolution. The other 2 directors wont even talk to me .
Please arrange for a refund of the money paid to you by ourselves into the following account, within 3 days from receipt of this email.(by 23 September 2011)

Testimony: I testify that the information provided above is true to the best of my knowledge and I have no malafide intention in making this submission and if so not found in future, I will be responsible for any liability arising from it. I confirm that I have the necessary supporting evidence to prove my submission and I undertake to furnish the same if need be.

 

Gary Bertholdt

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