Thursday, June 25, 2015

ARIZONA IGNORES A BAD AND DANGEROUS CONTRACTOR - ROBERT FREUND


ARIZONA IGNORES A BAD AND 
DANGEROUS CONTRACTOR

PALMER'S KITCHEN BATH & BEYOND LLC



By:

Mark and Carol Fairall

June 25, 2015



EMERGENCY LETTER TO GOVERNOR DUCEY 
FOR ACTION TODAY


From: Mark and Carol Fairall via Office of the Arizona Governor [mailto:noreply@az.gov] 
Sent: Thursday, May 28, 2015 9:14 AM
To: Engage
Subject: Assistance - Senior Issues
CONTACT THE GOVERNOR WEB FORM SUBMISSION
Below is the information submitted online from the Governor's contact form
---------------------------------------------------------------------------------
Reason for Contacting the Governor: I require assistance
Subject: Senior Issues
Topic: STATUTE OF LIMITATIONS ENDS TODAY ON ELDER CRIME
Name: Mr. Mark and Carol Fairall 

I urged to reopen ROC complaints #2014-250 against Palmers Plumbing and #2014-251 against Palmers Kitchen Bath & Beyond. The two year Statute of limitations ends today 05/28/2015 for ROC complaint #2014-450 – Failed v. Palmers Plumbing Services.

This is supported by the fact that the bad contractor, Robert Freund, failed to show up at the Pretrial on his lawsuit he filed on 05/27/2015. The judge was angry about the 17 months of delays and the rude no-show. Judge Williams threw the lawsuit out as a Default and awarded me my lawsuit costs. Injunctions against Harassment were granted on 05/08/2015 to protect my wife and me from more property damage elder abuse by Robert Freund and Derrick King. This judgment award to pay us our lawsuit costs decision by the judge will make news because of our hard efforts to defend ourselves from a frivolous lawsuit while the contractor played the court and legal system. Our lawsuit award will be between $1,800 and $15,000.


This is supported by Robert Freund's internet gloating to the BBB and Ripoff.com where he lies by stating: 

1.  That he finished on time on the project. 
2.  That he and his Qualified party inspected the job. 
3.  That my dispute was only to avoid paying money owed him 
4.  No damages to the Fairall house existed. 
5.  The ROC complaint was closed because it was invalid. 
6.  No threats and property damages were done. 
7.  That he only operated one month without a Qualified Party. 
8.  That Fairall's complaints are "pure fantasy." 
9.  That he excels in customer service. 
10. That he has heard nothing about the Fairall complaint from the AG, ROC, and 
Governor Office since 2014. 

See the Robert Freund's false answers that he filed with the BBB and RIPOFF.COM. See the FTC complaint filed for Freund's false advertising. See the BBB No Rating and Alert given to Palmers Plumbing. See our answer to the Ripoff.com Facebook and call to action to call the Governor. 

I urged the ROC to reopen complaints #2014-250 and #2014-251 because they were closed for the wrong reasons because we did give Robert Freund the opportunity to repair the poor workmanship but it was refused and answered with criminal activities requiring police reports. This is documented in the ROC's file of my 08/07/2013 emails with Freund. I did call on 08/08/2013 and asked the ROC to do an emergency inspection because we were stuck in a hotel after the contractor had our insurance company stop paying for it and the contractor refused to fix the problems. I was told by the ROC to document with time/dated pictures with a third party the poor workmanship and to make the house livable. The reason was because the ROC could not do an inspection for three months. We have complied with the law and instructions but the ROC wrongfully dismissed our complaints without a real investigation while waiving normal ROC procedures (contractor to attend the house inspection and require the contractor to provide a written response) by the one month on the ROC job inspector, Stephen Lawton. 


Please immediately stop this bad contractor from his: false advertising, threatening seniors, misusing the legal system, and scamming the elderly with bad workmanship. Please contact Robert Freund and stop his lies on the internet and his gloating that he has scammed everyone including the state.



Submitted on Thursday, May. 28, 2015 9:14 am 
Confirmation number: 28096




Date:
Thursday, May 28, 2015 4:56 PM  
From:
Engage <engage@az.gov>
To:
Mark and Carol Fairall <azmfairall@cox.net>
Subject:
RE: Assistance - Senior Issues


Mr. Fairall,
The Governor's Office is in receipt of your email communications.

We regret reading of your complaint filed with the Arizona Registrar of Contractors and can appreciate your disappointment in the outcome and your pursuit of this matter.
  
We understand you wish to reopen your complaint. Upon investigation, the Arizona Registrar of Contractors (ROC) investigators found that in the four months between the termination of the contract and filing an ROC complaint, a second contractor was hired to complete the project that the initial contractor began. In accordance with Arizona Revised Statutes, the ROC declined issuance of a citation against the contractor as noted by the declination letter (attached) and the timeline below.  Specifically, Arizona Revised Statutes 32-1155(C)(1) and (2) prohibit the ROC from issuing a citation when, “1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar” and “2. The contractor’s work has been subject to neglect, modification or abnormal use.”  (Emphasis added)

While you may find the agency’s decision unfortunate, the Governor has no legal authority to reconsider or overturn this decision.  The Registrar’s determination does not preclude the ability to seek relief in a civil court of competent jurisdiction. We suggest you seek legal counsel for assistance with this process. You may wish to contact the Arizona Foundation for Legal Services and Education as free or reduced cost legal services may be available.  As a courtesy, we have included contact information for the Foundation below:

Arizona Foundation for Legal Services & Education
4201 N. 24th Street, Suite 210
Phoenix, Arizona 85016-6288
Phone: 602-340-7366
Toll Free: 1-866-637-5341

We regret we are unable to offer any further suggestions or assistance. 

Sincerely,

DOUGLAS A. DUCEY
GOVERNOR
STATE OF ARIZONA

/s/
Governor's Office
Constituent Services
www.azgovernor.gov


THE ARIZONA GOVERNOR DOES NOT HAVE THE AUTHORITY TO CORRECT ROC MISTAKES. 


COURT JUDGMENT - PLAINTIFF LOST BY DEFAULT BECAUSE HE FAILED TO APPEAR IN COURT

TO DATE 06/25/2015, ROBERT FREUND HAS NOT PAID 
THE COURT ORDERED JUDGMENT OF $65.00.


 BETTER BUSINESS BUREAU GRADES
PALMER'S PLUMBING SERVICES HAS NO QUALIFIED PARTY 
(LICENSED PLUMBER) AND USES SUBCONTRACTORS TO DO BUSINESS.
GRADE PRIOR TO BBB MEMBERSHIP
MAY 2015



A+ GRADE AFTER JOINING BBB ON
06/03/2015




MAY 2015 COMPLAINT TO BBB FOR PKBB'S FALSE ADVERTISING


BBB'S REFUSAL TO INVESTIGATE PKBB'S 
FALSE ADVERTISING







PKBB'S FALSE ADVERTISING - PORA HAS NOT REFERRED THIS COMPANY 
FOR YEARS DUE TO EXCESSIVE POOR WORKMANSHIP COMPLAINTS.



We held up all 12 of the THE GRAND SEASONS magazines in court on 06/15/2015 stating this PKBB false advertising scam continues. This magazine has 70,000 copies distributed every month. PORA has not referred PKBB for years due to excessive poor workmanship complaints but PKBB misrepresents that fact. The pictures are from the June 2015 GRAND SEASONS MAGAZINE. The magazine publisher, Pat Goodson, tells us she does not care about truth but only the $1,500 she receives every month from PKBB's false advertising.

NOTE: Faith McLoone, in the Arizona Attorney General's Office, is waiting for your complaints about this false advertising scam at (602) 542-7732. Unless the citizens speak up the Arizona Officials will fail properly protect the public.

THE COURT RULED ON 06/15/2015 THAT THE INJUNCTIONS AGAINST HARASSMENT STAY IN PLACE A SECOND YEAR IN ORDER TO PROTECT US.

On 06/15/2015, the Justice of the Peace Court ruled against Robert Freund (pictured), owner of PKBB, request to quash the protection order. The Court kept the granted order of protection for a second year because of continued harassment and as an abundance of caution for our safety. 

On 06/15/2015, the Justice of the Peace Court ruled against Derrick King (pictured), employee of PKBB, request to quash the protection order. The Court kept the granted order of protection for a second year because of continued harassment and as an abundance of caution for our safety.
  
                                                        

We still live in fear of retaliation from these bad and dangerous contractors.




NEWSPAPER CONFIRMATION 
OF THE MISUSE OF PORA'S LOGO
 FOR FALSE ADVERTISING



PKBB'S FINAL FAILURE WAS THAT 
IT FAILED TO GET REQUIRED 
BUILDING PERMITS.

*SPECIAL NOTE: ROBERT FREUND 
HAS NOT OBTAINED REQUIRED 
BUILDING PERMITS FOR ALL HIS CUSTOMERS FOR MANY YEARS.

** SUMMARY:  

WE PROVED DERRICK KING HAS A CRIMIAL RECORD IN COURT. 

WE CAUGHT ROBERT FREUND AND DERRICK KING IN MANY LIES 
UNDER OATH IN COURT.  

THEY BOTH BROKE THE LAW BY 
COMMITTING PERJURY !


SOME PICTURES OF DAMAGES

Saturday, June 6, 2015

PROOF: Arizona Better Business Bureau Sells "A+" Grades


PROOF THE ARIZONA BETTER BUSINESS BUREAU (BBB) SELLS "A+" GRADES

Mark and Carol Fairall
June 06, 2015

At one time the BBB fulfilled a worthwhile and noble purpose of trying to make the marketplace safer. Consumers could use the BBB to report bad companies and try to get a resolution to their problems. That is no longer the case because the BBB has turned into a SCAM!

Now the BBB is run by attorneys that don't give "F Grades" but a "No Rating Grade" in fear of a lawsuit. The BBB is not really a Nonprofit but it is a Franchise and the owners look to maximize their returns otherwise they would not have bought the franchise. The bottom-line is that the BBB is no longer relevant and worthy to exist because the only purpose of the BBB is to make money and it has turned into a SCAM!

The BBB is not the place to get a real understanding of the quality of service of a company. The answers by the BBB companies that receive complaints are not verified for truthfulness. That is why large bad companies have "A Ratings" because they have the best lies, usually done by attorneys, to consumer complaints. A good example is that Bank of America still has an "A Grade" after the BBB has received over 4,000 complaints against that bank. The better choice to verify the quality of the service of a company is in the internet with the rating services such as Yelp, Google Rating, and Yahoo Rating.

The BBB has been caught selling "A Grades" for cash. A prime example was the California BBB that gave the terrorist organization, Hamas, an "A- Grade" for $425 in 2013. This was exposed by ABC News 20/20. See internet:


Robert Freund
Robert Freund owns Palmers Kitchen Bath & Beyond (PKBB) and Palmers Plumbing Services (PPS). Freund provides poor workmanship and does false advertising.  

Plumbing Services (PPS) was never a BBB Accredited Business for decades. It did not have to be because the founder, Palmer Freund, was an honest and hardworking man that provided excellent contractor services. Palmer Freund earned his respect!

But Palmer Freund died and his son, Robert Freund, took over the PPS family business. He also started Palmers Kitchen Bath and Beyond (PKBB) which is a general contracting firm (no plumbing license). He ran both PPS and PKBB into the ground with poor workmanship, bad business practices, false advertising, and illegal activities. Robert Freund even hired a licensed contractor, Derrick King - who has a criminal record, as his muscle enforcer for PKBB to abuse and defraud the elderly.

I filed a complaint about PKBB's poor workmanship last month and the BBB rated the company a "C GRADE." On 06/03/2015 my complaint has been removed and the BBB has graded PKBB an "A+ Grade." That happened because PKBB paid the BBB and became an Accredited Business. 
Robert Freund had to buy respect because his job performance is dismal!

THE OLD PKBB'S BBB GRADE AFTER COMPLAINTS WERE FILED.
PKBB'S PAID FOR BBB'S "A+ GRADE"

Don't hire Robert Freund to do any home-repair. The BBB cannot hide the fact that his other company, Palmers Plumbing Services dba Ben Franklin Plumbing (PPS) does not have a licensed plumber and does not have the Franchise Rights to use Ben Franklin Plumbing. The PPS plumbing company has a "NO GRADE" and an "ALERT" warning.

Sadly, Robert Freund is still doing plumbing jobs without a license while the Registrar of Contractors (ROC) does nothing about the illegal business operation. 
ROBERT FREUND'S PLUMBING COMPANY GRADE AT THE BBB.
HE IS OPERATING WITHOUT A LICENSED PLUMBER SINCE DECEMBER 2012 AND LOST THE RIGHTS TO USE THE BEN FRANKLIN PLUMBING FRANCHISE NAME.
What was the ROC's price for its blindness?

Don't believe the BBB because it sells grades and really does not care about protecting consumers. The Arizona BBB lied to me stating my complaint disappeared because of PKBB's lawsuit that we won. That seemed odd to me because the BBB would only block complaints when a lawsuit was in progress and not when it is over. I am familiar with BBB policies because I was a BBB board member. Now I know the real reason my PKBB complaint vanished and the grade was improved was because the BBB got money from Robert Freund.

The BBB now has written me the 06/05/2015 email stating a person can only filed one complaint against a company every three years. Such Bull is only understandable because Robert Freund is now paying the BBB to be an Accredited Member. At the BBB, money can buy protection from keeping the public blocked from the truth about a bad company.

I attached my second complaint about PKBB's false advertising. PKBB's full page false advertising that PORA refers the company is circulated in 70,000 issues of GRAND SEASON MAGAZINE every month. The first recent complaint about PKBB was about PKBB's poor service.

PORA HAS NOT REFER SENIORS TO PKBB FOR YEARS DUE
TO EXCESSIVE POOR WORKMANSHIP COMPLAINTS.
THE GRAND SEASON MAGAZINE WANTS THE FALSE ADVERTISING MONEY
TOO MUCH TO WORRY ABOUT THE PKBB FALSE ADVERTISING SCAM.

Arizona does not have Consumer Protection Laws or Truth in Advertising Laws so the advertising companies and BBB really don't care about false advertising. That is why a Federal Trade Commission (FTC) complaint #61657922 was filed against PKBB.

But according to the state law ARS 32-1154, if a contractor uses false advertising then the Registrar of Contractors (ROC) can REVOKE the license. The ROC has decided to not stop PKBB's false advertising. The public is a risk but bribes buys consumer protection warning blindness in the Arizona Badlands.

CALL TO ACTION: Since the BBB will not accept my complaint about PKBB's false advertising please file your complaint with the BBB. Nothing get done unless many people complain. The details of the problem is in my below attached BBB complaint.

Please help and stop this scam!

OUR BIO INFORMATION

Documentation

MARK FAIRALL'S ORIGINAL COMPLAINT - REPAIR ISSUE
ROBERT FREUND'S ANSWER TO THE BBB
MARK FAIRALL'S RESPONSE TO THE  LIES TO THE BBB.

MARK FAIRALL'S SECOND BBB COMPLAINT - PLBB's FALSE ADVERTISING
BBB's RESPONSE - IGNORE PKBB'S PROBLEMS!

ROBERT FREUND IS NOW PROTECTED BY THE BBB.

THE PUBLIC IS DENIED THE TRUTH AND IS AT RIS
K.




YOU CAN BUY A GREAT REPUTATION 
BY BUYING AN "A+ GRADE" 
AT THE BETTER BUSINESS BUREAU
FOR JUST A FEW DOLLARS!





UPDATE: We were sued by Robert Freund, Palmers Kitchen Bath & Beyond (PKBB), on 12/12/2013 for $3,800 plus $2,500 for his lawyer's fees. We won the lawsuit when Robert Freund and his attorney failed to appear at the 04/27/2015 Status Conference and the judge issued a Default Judgment, the lawsuit cannot be refiled, and said he would refund our costs of the lawsuit. Judge Gerald A. Williams refunded $65.00 which was only the cost of our answer to the baseless PKBB lawsuit.
Robert Freund scammed $13,700 from us with poor workmanship, threats, and intentional sabotage of our property. Freund made the PKBB lawsuit last over 17 months until the case was finally decided and posted on the internet. The PKBB lawsuit cost us nearly $2,000 in hard costs and hundreds of hours of our time answering the excessive motions by his attorney. On the 04/27/2015 Robert Freund and his attorney failed to appear in court. We are sure our 400+ pages of evidence and 22 witnesses ready to testify at the 05/01/2015 trial discouraged him that he was about to lose the lawsuit so he was a no-show. His attorney's excuse was that his watch had stop and was late 30 minutes to the hearing.
This is not Justice! This is the misuse of the legal system. It is no wonder all of Robert Freund's lawsuit victims pay the disputed bills because justice does not exist in the Arizona Badlands.
This is a joke!

We have a hearing this coming Monday at 3 PM and 4 PM at the North Valley Justice Court because the bad contractor, Robert Freund, and his employee, Derrick King, are fighting the continuance of the granted Injunctions against Harassment. They continue to stalk us and we fear for our lives.
We ask the media to come to court in see how senior homeowners are ripped off by bad contractors and the Arizona justice system.

We have thousands of dollars spent to clean up the poor workmanship but the Registrar of Contractors does nothing to help us. This is all a very bad joke and it is a nightmare.
Robert Freund lost his seventeen-month lawsuit against us when he failed to appear in Court. He is now fighting the Injunctions against Harassment that were granted by Judge Williams on 05/08/2015. The Injunctions against Harassment were filed against Robert Freund and his employee, Derrick King. Our property damages and stalking continues and now there is an extreme need for the continuance of the court protective orders. 

It is not surprising Robert Freund failed to appear at the 04/27/2015 Hearing because he became aware he was about to lose his baseless lawsuit in the light of our 400+ pages of evidence plus 22 witnesses ready to testify at the scheduled 05/01/2015 Trial. However is believed that the new contesting of the granted Injunctions against Harassment is done just to continue to rebuild his tattered reputation.

Robert Freund is digging a deeper hole for his reputation with Character Assassination statements to both the Better Business Bureau and the RIPPOFF REPORT that I need to seek therapy that I deserve. That is simply a cry of a desperate man that is now attempting to DEFAME me with more HARASSMENT.
















Monday, June 1, 2015

PALMERS KITCHEN BATH & BEYOND COMPLAINT


PALMERS KITCHEN BATH & BEYOND
13245 N. 113TH AVE.
YOUNGTOWN, ARIZONA

May 30, 2015 
COMPLAINT #757026

BY: MARK AND CAROL FAIRALL

In May 2013, I had an under slab water leak and hired Robert Freund, Palmer’s Kitchen, Bath, & Beyond (PKBB) and Palmer’s Plumbing (PP), but at that time he did not have a valid contractor’s license. The Registrar of Contractors was slow in updating its website to reflect the contractor license problems. PKBB had no Qualified Party and should not have bid the job and PP had lost its license in 12/12 since the Qualified Party had quit. Robert Freund hired Carpet Glo, a floor cleaning company, which has no contractor’s license to remove mold. According to Mr. Mather, the subcontractor, he was not fully paid and that Robert Freund, general contractor, failed to pay him $3, 000 on the $6, 000+ job. These unlicensed contractors have caused damages to my home in excess of the Registrar of Contractors’ (ROC) Recovery Fund limit amount of $30, 000. Robert Freund lost the rights to use the Ben Franklin Plumbing franchise in 09/2014 to Michael Charles Brewer. 


I filed the ROC Complaints against PKBB #2014-251 and PP #2014-250 on 1/17/2014. On 02/26/2014 the ROC Inspector Stephen Lawton waived the required attendance of Robert Freund at the ROC inspection of the house damages in my complaints. I had hired a retired policeman and private eye, Jacob Mueller, to be present at the inspection because I had been threatened by an employee of PKBB, Derrick King. Mr. Lawton had a private meeting with the bad contractor, Robert Freund, and closed my complaint in secrecy on the same day. ROC’s Stephen Lawton said my damages were the worst the ROC had seen but when then I received the ROC’s wrongful decline dated 06/30/2014. 



I suspect Contractor Bribery because Stephen Lawton told me he was friends with our bad contractor, Robert Freund, and that they both worked in Youngtown. This was overheard by my private eye when Robert Freund failed to show up at the ROC house inspection. ROC’s Stephen Lawton failed to follow inspection procedures, tried to blame the contractor’s no-show problem on me, closed my ROC complaints in Robert Freund’s Youngtown office on 02/26/2014, and then staled for another four months before issuing the formal declines. Stephen Lawton was the Building Inspector in Youngtown for a year and five months and was terminated because of poor work, according to a Youngtown City Council member. 


The ROC is covering up its website update slowness problem and has dragged on the investigation and the production of public documents on my failed complaint investigation for over a year when it was closed in one month. The ROC had an Audit by Arizona’s Auditor General at the time on our problems with our contractor in 2013. The audit of the ROC found that 20% of the ROC records were missing or duplicated plus 40, 000 ROC records had inaccurate information. I have written Governor Brewer on 07/14/2014 about this problem. I have written the Arizona Ombudsman on 10/19/2014 about this problem. I have written the Arizona Attorney General (AG) on 02/10/2014 and 01/25/2015 but nothing is done. 

Meanwhile my family and I are under attack by the bad contractor which has resulted in six police reports for threatening phone calls on 08/08/2013 and suspected property damages (cut electrical wiring and slashed tires) on 02/21/2014 and 04/09/2014. Now I have had my citrus trees poisoned in November 2014. On 05/09/2014 Judge Gerald Williams approved Injunctions against Harassments to protect us from Robert Freund and Derrick King. Judge Williams stated that it “went to pattern” concerning my property damages because of Derrick King’s bad temper and criminal record. My family and I are currently being stalked by Robert Freund and Derrick King every day when they ride by my home staring while making obscene gestures. It is terrible to live in so much fear of our lives that I had to install a video monitoring system and hire extra police protection. On 04/26/2015 I had an Olive tree poisoned with copper pennies and filed another Police Report #MC1508509 (Det. Jacobsen - Badge #1573). The judge renewed the Injunctions against Harassment on 05/08/2015 because the attacks continue by Robert Freund and his employee, Derrick King. 

I had lawsuit filed against me for the nonpayment of the contractor’s $3, 800 unearned monies after I already paid him nearly $14, 000 for poor workmanship that did not pass safety and building codes. My losses exceeds $100, 000 due to damages to our health, house damages, and the loss of value to the house. Robert Freund is using this baseless lawsuit to delay press coverage of his contracting without a valid license and using threats, sabotage, and property damages to harass me. Robert Freund has forged documents of the contract submitted to the court as evidence. Robert Freund and his attorney failed to appear at the 04/27/2015 Pretrial Hearing after reviewing our 400+ pages of evidence and 22 people witnesses ready to testify at the trial. Judge Williams dismissed the baseless lawsuit in our favor as a DEFAULT judgment, with Prejudice, and order the plaintiff to pay our legal fees and costs on the frivolous lawsuit. This is Robert Freund’s method of doing business by misusing the courts to collect unearned disputed homeowner debts. 

I filed a Better Business Bureau (BBB) Complaint on 02/15/2015 but the contractor but the contractor is lying about his use of false advertising, stating that the poor workmanship did not exist, disputing the property damages, and is trying to assault our character. It appears the BBB will soon give PKBB a NO RATING GRADE and an ALERT based upon our evidence to the contrary. The BBB just gave his plumbing company, Palmers Plumbing Services dba Ben Franklin Plumbing a NO RATING GRADE and an ALERT. Freund’s plumbing company is operating without a state licensed plumber since 2012 and has lost the usage of the franchise Ben Franklin Plumbing name.

The ROC and Ombudsman are doing nothing. We asked state lawmakers and Governor of Arizona for help but they are doing nothing. Meanwhile, Robert Freund’s false advertising scam continues with poor workmanship, elder abuse, and senior financial exploitation. Arizona officials are pro-business and fails to protect and serve the citizens because of budget cuts. The Arizona economy and growth is lagging because the quality of life in Arizona is plummeting with: poor schools, increased crime, law enforcement bigotry, and elected officials that only represent their rich campaign donors.