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Window World / reused to issue refund of deposit

NC, US
Contact information:

I purchased and moved into a “not so new home” on August 2nd this year. I am a senior on social security disability and on a limited income, but I had a little money left over from the sale of my small home in another city so I decided to put it into more energy efficient windows that would help conserve energy.

I contacted Window World in Dallas for a free estimate. I was duly impressed and ordered the windows I could afford. I gave the salesman $1301 for the deposit, and was to pay the additional half of $1301 upon installation in about 6 weeks. The window contract indicated that I could cancel the contract anytime up till midnight of the following third day. The contract was signed on August 6th which gave me until midnight August 9th which was a Thursday.

That Thursday evening about 8 pm I received a call that there was a death in the family and was asked to help with funeral expenses. Of course I agreed. I immediately called my sales person, Marty Cummings, who did not answer and I left a message on his cell phone that I wished to cancel the order. I was within my allowed cancellation time frame. I also tried calling the office location in Grand Prairie, TX but they were closed. I got a call back from Marty Cummings the following day, August 10 and was told that since the cancellation was not received until the 10th that I was not able to cancel the contract. I reminded him that the contract stated I could cancel up till midnight of the third day. He argued that the cancellation had to “be received” by midnight the third day. I argued that it was received by his cell phone in time or he wouldn’t be responding to my call and it was not my fault that he did not answer his phone or check his email at 8PM.

Now, since I can’t afford the payment of the additional $1301, Window World is sitting on $1301 deposit from me for doing nothing. When I cancelled my deposit check of $1301 had not been cashed and the windows had not been started. When Marty returned my call the 10th, I mentioned that and he indicated that it was being sent to Baton Rouge that day so the check itself was still in hand in Dallas. It would have been easy to cancel. Later on the 10th, I got a call back from his office in Grand Prairie. I explained the situation and was told by a lady that she would check with a supervisor and get back to me. She never did. I left for the funeral making sure all parties at Window World had my cell number to reach me.

Window World offered to let me make payments and then have the windows put in, which now I don’t need because I have to sell the house for financial reasons. Aside from the fact that I can’t afford to give them another $1301 even if it’s in payments, I will be long gone from this house before the windows are paid for. I don’t know why a big company like Window World who advertises themselves as a “Company who Cares” would treat a disabled senior this way.

I cancelled verbally and in writing before the cancellation period expired. It is not my fault they don’t check email or voice mail after 8pm. If that’s a problem, they need to change their policy to end of business day, not midnight.

I have tried and tried to be patient and communicate with them. Emails have bounced back as undeliverable, I have sent postal mail and left messages. Time to contact the BBB.

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