Complaint Review: INFINERGY WIND &SOLAR - Internet Internet

I would HIGHLY recommend that everyone that has had an issue with Murray Hambrick to contact Detective Chandler at the Midland, TX Police Department.  Murray is currently under investigation for fraud.  Detective Chandler is looking for additional evidence against Murray.  

You can also reach Detective Chandler by email: [email protected]

Since my last rebuttal I have had to pay off $3045 to Lyons Financial for loan that was approved by Mr. Hambrick and recieved NOTHING in return.
Mr. Hambrick accuses his former installer Somertyme for all the problems. Somertyme backed out because he would have lost $4000 on the job, Somertyme had recieved $2500 for the job and Somertyme controlled getting the parts for the job. The only problem with the last statement was that the $$ was in Infinergys account.
As for the the supposed money that Somertyme recieved, I had ask Murray for an invoice he claims I recieved but have NEVER seen because there never was one. The final accusation of Bryan backing out of the job was always a complete lie. Along with a email form Somertyme asking for the money to be released with no success. The only mistake Somertyme ever made was to get involved with YOU.  And he was smart enough to get away early on when he saw you for what you are.
As for me I now have a professionally installed 4.6KW system. Installed by Somertyme LLC. Installaion cost for everything was $20000. Isn't that something. I guess he decided he wanted to lose $9000. The system installed was piece by piece the exact one that was to be installed last year as I recieved the parts list from that system from Solar Solutions last June. Bryan even put better bracing on because of the wind in our area.
In closing I made a new friend in this deal. One I can trust to do what he says. I would recommend Somertyme to anyone looking for an install in PA. As for Infinergy, I would not recommend them to my worse enemy.  

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I went back and looked at the complaint that evidently had lingered on the web for whatever reason.  This particular one did not even mention Mr. Hambrick's refusal to enforce proper business practices amongst his dealers, nor his refusal to honor the national Infinergy Wind and Solar installation warranty, nor Mr. Hambrick at all.  It was solely about the dealer. 

This is baffling based on his previous stance, since he previously claimed the dealers were utterly independent from his business in every way.  Why does he care about a complaint relating to such a dealer?  What are his grounds for attempting to threaten a lawsuit over a valid consumer complaint against a dealer, if all is as he claims?  It is not clear why he would be inserting himself into the resolution agreement relating to the removal of that dealer complaint (which, again, has been removed per the terms of due diligence and good faith effort in the resolution agreement). 

It is offensive to me, the offensive rhetoric and attempted legal threats he has recently been using, relating to something that is clearly none of his business and is utterly frivolous with no grounds whatsoever.  We still have the right to make negative statements, as long as they are believed to be true (my statements and opinions are backed by evidence).  I can't make sense of what is going on here! 

Mr. Hambrick, please leave me alone and let your dealer conduct his own business.  I have stuck by my word in good faith, and have no (current) grievance with you.  As per the resolution agreement with your dealer, if any other complaints of mine for whatever reason are found to remain on the web, your dealer can notify me and I will perform due diligence to have them removed or at least updated to show the issues were resolved, limited by the mechanisms of the individual complaint forum.  As a show of good faith, I did attempt to remove the links from the Google cache, but with no luck.  Sterilizing the Internet of any mention or archiving of the complaint was not in the resolution agreement.  There are archival sites which basically store snapshots of the Internet for years; complaints accumulate.  I have no knowledge of any remaining complaints, and was not previously aware of this lingering one (now removed) of which you complained.  All I can wonder is if your recent hostilities of this May relate in some way to this person's complaint.  My hope is that you will promptly resolve this issue in a fair and equitable manner for both parties, and move forward.


    

Last year I reached a settlement with a dealer of Infinergy and have thus removed all complaints or marked them "resolved" and indeed am satisfied with the resolution of the case.  Having said that, there is nothing in the agreement that gags me from discussing the particulars of my experience (even if there were, it would not be binding in a legal venue) and its settlement, other than to clearly indicate that it eventually was resolved to my satisfaction. 

Mr. Hambrick refused to be a party in that agreement, and so I am not even blocked by the agreement from filing valid consumer complaints against his company, only the particular dealer, but I did remove his complaints as a courtesy.  For some reason he marks the dealers on his company website, but then he claims he has no responsibility for how they behave, that they are utterly independent...yet they carry the Infinergy Wind and Solar name, logo, etc.  My complaints originally (now are resolved) were about the dealer, but also mentioned Mr. Hambricks refusal to ensure a proper consumer outcome by his dealers. 

Now, Mr. Hambrick is making absurd threats to sue me, over a complaint that for some reason was still lingering on the web (perhaps I missed it originally).  It has now been removed per the dealer agreement, but remains in search engine caches, and there is nothing I know of to do about that.  Why is Mr. Hambrick angry?  I suppose for me originally filing valid consumer complaints about his company and his dealer (?)...or perhaps it is because he does not want you having access to the police report, etc?

It is not clear how you can contact me on this website; perhaps the administrators will forward a message to me? 

Please contact me. This man has worked us over and owes us money. If you have been given the runaround, not paid or any other questionable business done with infinergy wind and solar and/or murry hambrick, I would like to speak with you. Thank you.

1-   Somertyme was to be the installer not the supplier as Infinergy held the funds. Somertyme could not do the installation without the release of the money to the supplier of the parts-Solar Solutions-no parts no job to do. 

This is not correct as the material was provided to Somertyme, it was their decision to cancel the work when they determined that they had quoted the project at a substantial loss.

2-   The idea that Somertyme determined the contract with the customer was not adequate is not accurate. as we received more than 1 estimate on the project and they all fell within $1000.  Mr. Somers even still has offered to complete the project for the same cost.

The Sunshine Program in PA has confirmed that the contract on file has nothing to do with Infinergy and is with Somertyme.

3-   As to refunding all net proceeds Infinergy received once the inventory was returned to stock as per our recent conversation with Solar Solutions there was never any inventory to return to stock as the product was never purchased by Infinergy. Solar Solutions never received a payment therefore there was never an order generated.

3-   As to the payment for engineering and bank fees sent to Somertyme, I would need to see an itemized invoice showing the total sent which names the Flaim project  and what expenses it was to cover as any business would have on file.

This was provided.

4-   As for the payment to Enerbank, it was anything but prompt and still not paid in full.  As a matter of fact, we asked the loan rep at Lyons to transfer the debt to Infinergy because we didn't want any contact with the money.  We just wanted the loan to be paid off.  $9455 was returned to Enerbank in early August---2 months after the project was withdrawn.

5-   As to Somertyme's responsibility to handle cancellation of the agreement the loan statement clearly shows an agreement between Enerbank, the Flaims, and Infinergy Wind and Solar.  Nowhere on this agreement was Somertyme mentioned. 

In closing I would once again like to make clear that this whole episode could have been avoided if Mr Hambrick would have just returned the money to Lyon Finiancial in full.  That's all we want.

As promised Infinergy returned all net funds received from you via Somertyme. This is more than most unrelated parties could have expected.   Your real problem is with your treatment from Somertyme.

There are no accusations involved, all the statements previously made are factual.  We feel a serious wrong has been committed against us.  You accepted money from Enerbank/Lyons Financial for an agreed upon project. You were to release funds to the supplier of components--Solar Solutions-to have the project completed or at least started.  Since you refused to release the money that was given to you, you broke the agreement that we had.  At that time, the money should have been given back to the loan company by you. 

I'm not sure what the discrepency is between Infinergy-Somertyme LLC-and Solar Solutions but, whatever that might be should have had NO bearing on the funds you received for our project. You cannot hold me liable for someone elses debt which is what you're doing-if that's the discrepency you have with the others mentioned,  settle it with them and not by way of me.

We have a loan out with Lyons/Enerbank and the funds were directly deposited into your account on 4-8-10.  We have received nothing from you.  This loan will shortly begin to accumulate interest. This may not seem like anything to a big business like yours but for us, 2 people who work hard for what they get, it is huge.  We cannot afford to throw any money away.

The decision to have solar panels installed involved careful-what we thought was careful-planning.  We thought of it as an investment that could bring us returns for years to come.  You see, we not only are loosing the money remaining from "the loan that we never received any goods for", we are also loosing credits that would have been received through the PA Sunshine Project, a tax break from the federal government, and last but not least, a lower monthly electric bill.

I regret that our relationship hasn't been a pleasant one and would like to have it all put behind me.  All Mr Hambrick has to do, as was always the case, is pay back the loan in full to Lyons/Enerbank. He has the money since 4-8-10.

1-   Somertyme was to be the installer not the supplier as Infinergy held the funds. Somertyme could not do the installation without the release of the money to the supplier of the parts-Solar Solutions-no parts no job to do.

2-   The idea that Somertyme determined the contract with the customer was not adequate is not accurate. as we received more than 1 estimate on the project and they all fell within $1000.  Mr. Somers even still has offered to complete the project for the same cost.

3-   As to refunding all net proceeds Infinergy received once the inventory was returned to stock as per our recent conversation with Solar Solutions there was never any inventory to return to stock as the product was never purchased by Infinergy. Solar Solutions never received a payment therefore there was never an order generated.

3-   As to the payment for engineering and bank fees sent to Somertyme, I would need to see an itemized invoice showing the total sent which names the Flaim project  and what expenses it was to cover as any business would have on file.

4-   As for the payment to Enerbank, it was anything but prompt and still not paid in full.  As a matter of fact, we asked the loan rep at Lyons to transfer the debt to Infinergy because we didn't want any contact with the money.  We just wanted the loan to be paid off.  $9455 was returned to Enerbank in early August---2 months after the project was withdrawn.

5-   As to Somertyme's responsibility to handle cancellation of the agreement the loan statement clearly shows an agreement between Enerbank, the Flaims, and Infinergy Wind and Solar.  Nowhere on this agreement was Somertyme mentioned. 

In closing I would once again like to make clear that this whole episode could have been avoided if Mr Hambrick would have just returned the money to Lyon Finiancial in full.  That's all we want.

Mr Flaim;

You are making some very serious accusations.  I hope you are prepared to back them up as I have asked to see this contract which you purport to have with Infinergy Wind & Solar several times.   As you are very much aware Infinergy is not authorized to install Solar in the state of PA by the Sunshine Program, which is why you were referred to SomerTyme LLC.

We have tried to assist you the best that we could but our hands are tied by our contract with Somertyme LLC.  You can get as upset with us as you wish but that does not replace the FACT that you were not our customer.

As to Mr Hambricks response stating that he was not responsible for the project and that in fact it was Somertyme LLC is incorrect.  He himself was contacted, in an email that we have a copy of, by Bryan @ Somertyme LLC where Bryan requested that the funds for our project be reassigned to Somertyme LLC which would enable Somertyme to release the funds  for the equipment for our project.  Bryan was told no by Murray Hambrick in these exact words "Reassigning a transaction to Somertyme is NOT an option as Infinergy is financially and contractually responsible for this transaction, not Somertyme, and must make sure that it is performed."  That email is dated June 10, 2010. So clearly, Murray and Infinergy were controlling the  project and the money.  How could he even suggest that he was not in control when the money was directly deposited into his own account by Lyon Financial.  Did he think we were just giving him a gift???!!!  Since this whole catastrophe has happened, Lyon Financial spoke with all parties involved and realized that it was Infinergy at fault. Why else would Lyon Finacial only be working with him for the return of the $$$$.  Mr.Hambrick has told UNTRUTHS to Dave at Lyon Financial on several occassions actually telling him that he will send the cash back and not doing it until much later than agreed.  The bottom line is that Lyon Financial gave Mr Hambrick an initail payment of $12,500 for a project that was to be completed for us and those funds were not used for our project ---he took the $$$ and held it for 2 months and did nothing for us. We paid for a service that was never received and to top it off were refused a refund!!! We still do not have a total refund.  We want every penny of our money back and don't think that this is an unreasonable request. 

Somertyme LLC was the supplier for Mr. Flaim.   Somertyme LLC purchased the product from Infinergy which was set aside for this customer.   Infinergy took an assignment of the loan proceeds to secure its position.   Per PA Sunshine Program it was confirmed that Mr. Flaim had his contract with Somertyme and not with Infinergy.

Somertyme determined that the contract with the customer was not adequate and they were going to lose approx $4000 so they decided to cancel their contract with the customer.

Infinergy promptly refunded all NET proceeds it received from Enerbank once the inventory was returned to stock by Solar Solutions which can be confirmed by Jessie Stubbs President of Solar Solutions.  Infinergy has a canceled check as proof of the payment to Enerbank.  Net proceeds includes payouts to Somertyme for engineering fees and bank fees associated with the loan.   The payment to Enerbank was legally required since Somertyme was the customer for Infinergy and not Mr. Flaim, and the payment was in accordance with the agreement between Somertyme and Infinergy. 

It is the responsibility of Somertyme LLC to handle the cancellation of their agreement with Mr. Flaim which he has refused to coordinate.   At no time did Infinergy Wind & Solar Inc have an agreement with Mr. Flaim it was always with Somertyme LLC.   At all times Infinergy Wind & Solar Inc performed its obligations as promised.