A Company believes that I did not pay them, but I did; what do I do?

Question

I paid a company to work on my car recently and they say that I did not pay them. However, I have evidence from my financial institution proving that I did pay. Yet, they are still continuing to say I did not pay and will take my car away even though I have informed them of this. They want me to waste my time and go see them with the evidence; but, because it is their mistake, I do not want to sacrifice my time or gas to visit them. They have no proof that I did not pay. If they file a police report; wouldn't that be under falsified information, illegal and fall under grounds of harassment on their part? I could essentially, counter-sue them if they take false measures to obtain my car or am I wrong in this assumption?

It is within my right as a consumer to hold them to a certain standard. When I pay them, that ends the agreement I had with the company and any further action taken on their part due to negligence on their behalf is their problem. It is not MY duty. I am not obligated to drive to their establishment, I have given them the avenue to pick the document up on their own time and dime. Additionally, as far as due diligence, I have offered them to meet me at my financial institution and they have not obliged. It is not my fault if they are not capable as a business to meet the consumers needs or have a proper accounting department to keep track of payments - I should not sacrifice time with my daughter, wife, school or work to drive to them and prove that they are morons: period.

Answer 1

You should show them the financial statement or fax it to them...just ot make things simple.

For all you know they just made a mistake and maybe applied your payment to another client.

If you have reason to believe they are crooked you would not have taken your car to them in the first place.

Otherwise they wouldn't file a police report they would file in court to have the right to place a lien on your car meaning they would have the right to sell it. You would show up show the statement and get the car back. The court may require them to prove it was an honest mistake and they weren't trying to double charge you.

You could technically countersue them but you wouldn't win much...all you could win are your damages which would be for inconveyace and the cost of a rental if you got it. You might be entitled to puntative damages if you can show they tried to double charge you...but you are not sure they did this as you said it was a mistake....and remember lawsuits can sometimes take years...and sometimes are over a mistake that could have been fixed in 15 mins...fax them the form save yourself some heartache.

Answer 2

Seeing as how you're in the right here is what you do.

1. call your bank and get a representative to look up and verify the particular information you need for the car company.

2. have the representative call the car company, verfiy with them that the payment has been taken from your financial institution.

From there the car company will either realize that they have just not yet received it but it is on the way, or that they have indeed receive the payment and it might still be processing on their end.

After this call you bank will have the name of the person who they spoke with and you have done everything in your power to resolve the dispute. If they continue to harass you further, contact your local News Station and inform them of the harassment you have been receiving and let them do an investigation, it is possible that they are pulling the same thing with others. There is no need for you to drive down there and give them the opportunity to try and illegally seize your car.

Good Luck!

Answer 3

Get your documents photocopied. Do NOT send originals, ever!

Now, mail the copies, certified, return receipt, so someone will have to sign for the envelope. You may want to take a friend to the post office to witness that you put THOSE DOCUMENTS in the mail.

Once you have the receipt in your hand, call them and say it's over. Any more calls will be reported as harassment.

I recently had a person for a ISP tell me he couldn't fix things because he only works there. I informed him that when he answered the phone he became a legal agent for the company, and fix it or else. He fixed it over the phone, Ya gotta get tough.
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Answer 4

Can't you get your financial institution to send you photo copies of your "evidence"?

This would certainly suffice most folks.

Send it to the car company and tell them that if they take any further action - So will You!

Then if they institute any action against you, retain an Attorney to sue them for Punitive Damages, Exemplary Damages, Compensatory Damages, your Court Costs and your Attorney fees!

Good Luck! You have a good case - if you can prove it!

Answer 5

Make a complaint to your state Department of Consumer Affairs for harassment. Get on the internet and access the complaint form, fill it out, send it in and wait for a response from the State.

Answer 6

It wouldn't be wasting your time or gas to show them the evidence.

Just go. They have no proof you paid - and you do. Unless you show them they can take you to court. You would most likely not get any redress (money) for countersueing as you did not take any steps to fix the problem by showing them proof.

Answer 7

There is nothing they can do but harass you. If you have the proof then what ever but I would contact the owner and not the employs of the company.

Answer 8

Just telling them you paid and have proof does not stop them at all. You have to PROVIDE THEM WITH PROOF. It really is that simple. No, you could not countersue because you haven't upheld YOUR duty.

Answer 9

You simply go their and give them proof that you did pay them.