Woman fights for refund after pool left with ‘craters’

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KOKOMO, Ind. (March 25, 2015)-- It won't be long before it's pool weather for many Hoosiers, except for one Kokomo woman who has been trying to get her backyard pool fixed for nearly a year. Evelyn Floyd said her backyard sanctuary was damaged when a tornado tore through her town. She called John Brown, owner of Recreational Installations, to come fix it.

"He kept saying, 'Oh it'll look brand new when I'm done. Brand new!'"

But Floyd said, Brown and his workers only made her problem worse and she didn't discover it until she got into the pool after she had already paid.

"I felt all these rocks, craters. It was in my pool at the bottom, the walls, all the way around," she explained. "I came up and cried and I’m like, it was never like that."

Floyd took Brown to court and won $4,300 plus interest and court fees. That was in September and Brown still hasn't paid up.

FOX59's Aishah Hasnie went to Brown's office to find out why?

"I did everything I was supposed to do for her and I did it properly," claimed Brown.

He told us he thinks he lost the case, because he couldn't afford an attorney. He claims there was more damage to the pool than Floyd was willing to pay to fix. But Floyd said Brown's team took two and a half months to complete the job and at some points left the work exposed to the elements.

“An open hole, dirt, rain’s going, washing away the vermiculite sand sides and bottom. And all I could do was just see my pool that I love so much just going away,” she said.

He admitted he'd made mistakes over the years. His business has an 'F' rating with the Better Business Bureau. But Brown assured FOX59 he would pay Floyd... when he made the money to do so. He said June would be his deadline. Maybe.

"I mean, you know, if the economy turns bad it may be longer than June. If it turns out real good I may be able to get it before court which is what I hope."

When asked why he didn't want to pay Floyd through his insurance, Brown replied, "Because that's my prerogative!"

FOX59 got Floyd on the phone with the Howard County Clerk who walked her through the steps she should take next to get her money back. Both parties are supposed to go back to court in May.

Even when she gets her refund, Floyd doesn't think it will fix the original problem. Another pool repair company quoted the damages to her pool at $8,000.

"I'd like to get my pool fixed, but being that it's more than what he owes me, there's nothing else that I can do. I'm gonna have to live with it," she said. "It was something for me and my grandchildren to have fun together in. And now he’s taken that from me too."