admin February 28th, 2011
With an assist from Task Force member and Winston-Salem BBB President David Dalrymple, who provided an affidavit and bureau records concerning the defendant’s complaint history, the Attorney General obtained a restraining order Thursday against an itinerant driveway paver who allegedly scammed older home owners. The AG’s announcement of the filing appears below:
AG Cooper stops shoddy paver who targeted seniors
Release date: 2/25/2011
Boswell accused of promising low prices, then intimidating homeowners into paying more
Raleigh: A Forsyth County man is under court order to stop performing driveway paving and gravel work, Attorney General Roy Cooper said today.
“Paving scams often pop up in different parts of the state, change company names frequently and disappear when consumers catch on to their con,” Cooper said. “By being vigilant and not giving into high-pressure tactics, homeowners can protect their money and help us catch the scammers.”
Wake County Superior Court Judge Donald W. Stephens agreed Thursday with Cooper’s request for a temporary restraining order against Lige Bobby Boswell and his various companies including Katidid Paving, AJ Paving, Absolute Paving, and Skyline Paving. Cooper asked for the order based on six complaints filed with his Consumer Protection Division and an additional 19 complaints filed with the Better Business Bureau in Winston-Salem. The Attorney General is also asking the court for a permanent ban against Boswell’s driveway work, civil penalties and refunds for consumers.
Boswell also faces criminal charges in Chatham, Johnston and Harnett counties. Those matters are being handled by local District Attorneys.
As alleged in Cooper’s complaint, Boswell’s regular practice is to approach homeowners, especially seniors, and offer to pave or gravel their driveway at a deep discount using leftover materials from a nearby job. He usually starts work before the homeowner ever sees or signs a contract. When the work is done, Boswell routinely demands a much larger payment, and homeowners complain that he tries to intimidate them physically if they balk at the new price. Consumers also complain about the quality of Boswell’s work, saying the pavement or gravel often begins to wash away quickly and that grass starts growing through the driveway soon after the job is done.
Investigators believe that Boswell has offered driveway paving and gravelling services in North Carolina for at least the past 15 years, operating under a number of company names and in various parts of the state, most recently in Chatham and Randolph counties. The Attorney General’s Office had previously warned Boswell against failing to give customers written notice of their three-day right to cancel his services under state law.
North Carolina law gives consumers three days to cancel most door-to-door purchases and requires businesses to notify consumers about their right to cancel. Under North Carolina law, consumers can only waive their right to cancel in certain situations, such as an emergency.
Cooper and his Consumer Protection team have gone after three other pavers in recent years, Platinum Paving, Tommy Clack, and H.A.R.D Top Asphalt Maintenance. All operated in a similar way: approaching homeowners door-to-door, quoting a low price upfront and then demanding more money once the job was done, failing to tell consumers about their right to cancel, and performing poor quality work.
“Don’t let a paving scammer steamroller you into paying too much for shoddy work,” Cooper said. “Before you hire anyone to work on your home, get a written estimate and check out the company thoroughly.”
To check out a home repair company or file a complaint against one, North Carolina consumers can call 1-877-5-NO-SCAM toll-free within state. Consumers can also file a complaint online.
Contact: Jennifer Canada, (919) 716-6413
******End of Alert******
Date: February 28, 2011
David N. Kirkman
Assistant Attorney General
Task Force Alerts Chair
Consumer Protection Division
Office of Attorney General Roy Cooper
9001 Mail Processing Center
Raleigh, NC 27699-9001
(Copies of Earlier NCSFTF Trade Practice Alerts and Senior Fraud Alerts Are Available on the NC Division of Aging & Adult Services’ Website, www.dhhs.state.nc.us/aging/fraud/cfalert.htm )