Action: Builder's refund not required

In January, I contacted contractors to get bids on adding a second-floor room. I selected Five Star Construction. Almost immediately after putting down a $5,000 deposit, I started to lose confidence. The deposit was given Feb. 21, and then I guess you could say "the games began."

After over two months and still no permit applied for, I decided to cancel. I got some money back, but I can't get receipts for what I am being charged. Can you help me? Scottie Morfit

Response: Lee Sloms, owner of Five Star Construction in New Port Richey, said the origin of your complaint is the fact that you were unwilling to wait through the permitting process.

Sloms said he informed you upon signing the contract that the permitting could take up to eight weeks. You called him almost every day to ask about it, eventually decided you didn't want to wait and canceled the contract.

Sloms said he requires a deposit of 10 percent of the job estimate to start. In your case, that would have been $5,900. He reduced it to $5,000. The deposit is nonrefundable, but he said he nonetheless agreed to refund you the money that was not yet spent on your job.

According to Sloms, his company spent $2,807.80 on your job. He said the expense list you enclosed in your complaint to Action gives the breakdown of how this money was spent. That sheet is your receipt.

Sloms said he refunded $2,192.20 to you, even though he was informed he did not have to do so, and considers this matter closed.

As a reminder, deposits are generally nonrefundable by their very nature. Their purpose is to take something off the market, either merchandise or a service, so it cannot be sold to other potential buyers. In this case, the nonrefunded portion of your deposit was for time spent on your proposal/job, including the services of an engineer.

Seeking spa refund

My daughter purchased two certificates (total $90) from Northwood Oaks Salon and Day Spa in Clearwater on Jan. 11, one for herself and one as a gift for me. The certificates were good through May 12.

On March 27, we sent a letter requesting a refund for the following reasons:

We scheduled two appointments only to have them canceled by the spa the day we were to have gone there.

The advertised hours of operation were 8 a.m. to 8 p.m. In reality, the spa closed at 6 p.m. We both are working individuals; my daughter would not have purchased the certificates had she known this.

In trying to get appointments, we found that if we were not interested in upgrades, the time limits were stricter. We finally ended up having to go elsewhere to get our hair cut and have our nails done.

We have the signed, return receipt so we know the spa got our letter. It has not, however, responded to our refund request. We hope you have better success. Debra and Kiley Plummer

Response: We have had no better luck. Our first letter to Northwood Oaks Salon & Day Spa in Clearwater was neither returned nor answered. Our second, sent certified on May 29, was returned, marked "refused." At this point, there appears to be no hope of getting a refund. We're sorry we couldn't help.

Lost in the mail

I purchased a Panasonic phone on Oct 20. It never worked the way it should have from the day I purchased it. I called customer service and after numerous phone calls was told to return the telephone with details and proof of purchase and Panasonic would probably replace it.

I followed the instructions I was given and mailed the telephone package to McAllen, Texas. After a month, I called and was informed that it was never received. Needless to say, the McAllen location has no communication with customer service, and the reference number I was given means nothing to it. I have spoken to several individuals but each passes the problem on to someone else and the end result is nothing. If possible, find a resolution for me. Jacqueline Selitto

Response: We have an answer for you, but you're not going to like it. Bernice Kamzelski, customer administrator for Panasonic in Langhorne, Pa., said it is a pity you did not either send the unit insured or request proof of delivery from the post office.

Better yet would have been to send it by UPS, which supplies a tracking number with each package. Regrettably, she said the company cannot simply take your word that you returned the phone.

As a business, it must insist on a proof of delivery receipt showing the unit was actually received. Had you had verification that Panasonic received your phone, it would have been happy to accommodate you. Without proof, however, your request for another unit is declined.

Magnetic brace refund

On March 1, I ordered a magnetic back brace for my husband from Deer Creek in Pompano Beach. I enclosed a check for $20.80, which included shipping charges. I called the company several times when I did not receive the brace. Finally, I was told my order would be canceled and my $20.80 refunded. To date I have not been able to get my refund. Can you help me? Charlotte Stafford

Response: Done. According to an unsigned note from Deer Creek Products in Pompano Beach, your refund of $20.80 has been processed. The company apologizes for the delay.

If you have a question for Action, or your attempts to resolve a consumer complaint have failed, write: Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request for Action. Names will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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