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TheFraudExpert, Fraud/Investigations/Financial Analysis
Category: Fraud Examiner
Satisfied Customers: 88
Experience:  Certified Fraud Examiner
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I gave WCI Group $10,435.00 and they suppose to build me a

Customer Question

I gave WCI Group $10,435.00 and they suppose to build me a patio enclosure. They gave a contract and my check and now they want build the patio enclosure and will not talk to me about giving my money back. What can I do. I found they were not operating under a license they was assigned to them. Mary Rigsbee(###) ###-####JA: The Fraud Examiner will know what to do. Is there anything else the Fraud Examiner should be aware of?
Customer: Just These people are still operating in Jacksonville Beach Fl. I really would them give me my money back.
Submitted: 2 months ago.
Category: Fraud Examiner
Expert:  TheFraudExpert replied 2 months ago.

Hello, my name is ***** ***** I am the Certified Fraud Examiner who will be assisting you today.

I'm currently working on a reply to your question and I'll be back shortly with your answer. Thanks for your patience.

Expert:  TheFraudExpert replied 2 months ago.

Hello again, I have reviewed your case and here are the actions that I recommend you take to get your money back:

Since you have already tried on multiple occasions to contact WCI but that hasn't resolved your problem. Here is what I recommend you do at this time:

1) You have a contract in place that clearly states all of the work that was to be performed and how much they were to be paid for completing the entire patio. In each state, contractors must be licensed to perform this kind of construction. This contract will likely state that they are licensed contractors. You need to document the evidence you have that shows they are not licensed to perform the work stated in the contract.

2) Take photos and document any additional evidence that the company did not perform any of the patio work as promised in the contract. If you can clearly show that you paid for a patio but you have not received any services yet, you are going to have a good case.

3) Since you paid by check, then you need to threaten to sue his company for fraud or breach of contract in civil court because they are not licensed as they state in the contract. The easiest way to threaten a lawsuit is to have at attorney draft a letter of your intent to sue him for your money back due to the company not being properly licensed. The letter should essentially state that you will begin legal proceedings if they will not issue you a refund by a specified future date. Because this can be very expensive proposition for him to hire a lawyer to represent him in civil court, he may be much quicker to give you a refund.

4) You can also consider suing them in small claims court to get back your money. The limit for small claims court in each state jurisdiction varies, but is usually somewhere around $7,500 for an individual suing another. The reason I say this is that you can easily represent yourself in small claims court without having to get an attorney involved and having to pay high legal fees. Since you will have the contract and the documentation that they are not properly licensed to perform the work as stated, then you are very likely to win. If you can get at least some of the money back from him in small claims court then you can just hire another contractor to complete the job.

5) If none of these avenues work, then you will be forced to hire an attorney and take him to civil court for the full amount you are out from the construction thus far ($10,435). Your attorney will be able to advise you if the potential of collecting the funds will be worth the civil litigation process and costs to you.

It has been my pleasure to assist you today and I hope this answer has helped you. If you do have any additional questions, feel free to ask and I will be happy to answer.

Please remember that I only receive credit for answering your question when you accept my answer using the 3, 4 or 5 STARS on the top of the screen and then SUBMIT. I work very hard to give you the most honest and accurate answer; I kindly ask that you reciprocate my good faith by accepting my answer.

If you feel I did an excellent job, bonuses are always appreciated!

Even after you accept my answer, you can still ask follow up questions at no additional cost. Thank you again and I wish you all the best!

Expert:  TheFraudExpert replied 2 months ago.

Hello again, I noticed you were able to view the answer I prepared for you a few days ago. Do you need any further information or clarification?

If so, please reply here on this question thread.

My main goal is to make sure that you are fully satisfied with your answer. I look forward to hearing from you.