Local homeowners are speaking out after cash deposits were handed over to a local company that failed to follow through with its end of the deal.
Saint City Windows allegedly accepted deposits – 50 per cent of the total bill is required as a deposit – but failed to install the materials and has since cut lines of communication with customers.
The ordeal began last November for St. Albert resident David Brunning, who paid a $2,320 deposit. He said he hasn't been able to connect with the company since.
"This has been a very difficult experience for us," he said. "Saint City Windows' refusal to respond to us gave us every reason to believe we had been dealt with in bad faith."
Brunning reported the ordeal to both the RCMP and the Better Business Bureau (BBB).
St. Albert RCMP Cpl. Laurel Kading said there are no investigations into the business at this time, as matters are civil in nature.
"If it's contractual matters that weren't fulfilled, that's totally civil and something they would report to the Better Business Bureau," she said.
Saint City Windows owner Mike Semesock could not be reached for comment, despite numerous phone calls, emails and faxes by the St. Albert Gazette.
"We feel strongly that Saint City Windows and related corporate entities should be deterred from further business wrong-doing in our community," Brunning said, adding he also advises consumers to do their research and keep records.
He paid his deposit by credit card and with perseverance and assistance from his card company, he was able to recover the lost funds.
"Once we were able to prove that services were not rendered for the payment we made, VISA went to bat for us," he said. "If we had paid cash, the money would be gone, as I understand it has for other customers of Saint City Windows."
Noticeable change
Shannon Alexander was one of those customers. She planned on having roughly $20,000 worth of windows installed in her home over a four-year period by Saint City Windows, starting in 2010.
She said the first order went off without a hitch and service was good.
"[Semesock] seemed like an honourable guy and the year before, he actually did follow through and they were a good company to work with," she said.
This changed last summer on June 16 when she placed a window order of $4,636.80, putting down a $2,000 cash deposit. Come fall, the windows still hadn't arrived.
"I told them I either wanted my windows or I wanted my money," Alexander said.
The products finally arrived in November, but she postponed the install until April due to increased heating costs associated with the install.
She expected Semesock to show up to her home by the end of April, although the month passed and her windows were still not installed.
She contacted local RCMP, the BBB and her lawyer before finally getting a response from Semesock who said he would install her windows by May 7.
"I do still think that he is hiding from quite a few people," she said, adding there is still a chance the company will pull through for her.
Jane Sundby is in a similar situation. She put down a $237 cash deposit for a $474.60 order in mid November and said she hasn't heard from the company since.
She too had prior dealings with the company and had no issues at that time.
"I just think they're out of business and they're not going to worry about the little guy. They're going to have bigger issues with someone with a bigger issue," she said.
At the end of February, her husband visited the location to see a sign that said "Closed for Inventory." She said this is when the two realized the business was no longer in operation.
"I left a message on his cell and that's all I'm going to do, because for me, it's gone and you can't sue," she said. "It's not worth doing anything. It's just complaints."
She has since had her window replaced by another company.
Many inquiries
Iain Bolton, manager of neighbouring business Karbz Performance and Sound Inc., said at least 10 disgruntled customers have wandered into his business looking for Semesock.
Bolton said he hasn't seen him in roughly two weeks.
The BBB conducted an out-of-business check recently and has deemed the business out of operation.
Ron Mycholuk, public relations manager with the BBB, said the business has had five complaints filed against it in the last three years, mainly resulting from problems with product and service. He said there is currently a "spike" in complaints.
"It appears that in this case that maybe the consumers purchased something up front and then never heard from the business again," he said. "It appears that maybe they entered into an agreement in good faith and the business did not respond to that good faith and just kind of disappeared."
Although the BBB is still accepting complaints on the business, Mycholuk said there are limited actions that can be taken since the business cannot be reached.
He recommends consumers contact Service Alberta at 780-427-4088 — a government body that investigates complaints and can bring about criminal charges if necessary.
Complaint process
Mike Berezowsky, assistant director of communications with Service Alberta, said there have been four complaints filed against Saint City Windows since last spring, with three in the last few months.
When a complaint is filed, an assessment is done to determine if there was a violation of the Fair Trading Act, which is Alberta's provincial consumer protection legislation.
"The gist of the Fair Trading Act is that the business cannot mislead or deceive consumers," Berezowsky said.
If the business is found in violation of the act, an investigation would begin. There are no investigations at this time, he said, adding Service Alberta is awaiting more information from the consumers who filed the complaints.
Investigations can take anywhere between a few months to more than a year, he said.
