Am I over reacting ?

Question

I meet with a company to get my property servayed so my husband and I could put of a fence with no questions about the property line. I was told it would cost $400.00 for them to come out and do the job. I paid the $400 up front. The company was suppost to have someone out at my home the following morning. Well they finally showed up the next day right at 4:30 with them leaving at 5:00 due to that being quitting time. They had to come back out the next morning to finish the job.
I recently got a bill in for an additional $400.00 . I called & spoke with the company & they are trying to say that due to them having to come out twice that I get charged twice. But the way I see it is they knew they would'nt be able to finish the job in less than 30 minutes & they should not have came twice to do a job that could have been done in one trip. I paid what I was suppost to pay & was told it would be done all at once for that one time price of the $400.00 I paid. Am I write or should I pay more

Answer 1

Not only are you correct, but what they're trying to do is illegal no matter where you are in the United States. They agreed to to the job for a stated cost, which you agreed to pay. You paid them, and they did the job. It's not legal for them to significantly change the cost of the job after the fact without contacting you and getting your permission to proceed with the work which will incur the separate charges.

Hopefully, you saved the paperwork, because if they presented you with an estimate you signed, and especially if they presented you with a bill or an invoice for the work at the end of the job which you signed, and it shows the job has already been paid for, they're screwed. If you have a receipt, or other official paperwork, from the company indicating the work has been paid for, they've admitted in writing you don't owe them any more money (if you aren't already, always save your paperwork from jobs like this, for just such circumstances).

For quite a few states, the amount you're billed may vary from the initially stated charge by no more than 10% without first obtaining permission from you to do the work at the increased rate. That goes for general contracting around the home, auto repairs, insect extermination, etc, etc, etc.

In any case, it sounds like they're not entitled to any extra money because the extra labor and trip involved was due to their own negligence and incompetence, and not to unknown factors which made the job more complex than initially thought.

Were I you, I would look up the number for my state's Department of Consumer Affairs, and contact them for advice, as well as contact the Better Business Bureau (www.bbb.org) to file a complaint against them.

Answer 2

Was the job enough so that they could have finished it all in one day if they had gotten there on time? If so, then you should not have to pay the extra $400.

Also, when you payed the first $400, did they tell you something like "if we don't finish" or "we might have to come back, so you might have to pay another $400."

In addition, did you sign any contract at all? If you did, you should read it to see if it says anything about what day they would tart the job, what time, whether you were responsible for any additional days they had to come. If you signed a contact, and it doesn't say that, you don't have to pay.

Either way, you should investigate all of the things I mentioned before you give them another $400.

Answer 3

You are right in theory. Hopefully you have an agreement with them showing what you were getting for the $400. If it states that they are going to survey your lot for $400, then they can't do anything. If the agreement says that the $400 is a charge for them to come to your house, and that subsequent visits will be charged at the same amount, then you should file a complaint with your local better business bureau, and think about getting an attorney to send a letter on your behalf.

The attorney might charge a little bit for the letter, but most companies aren’t going to do anything about $400 if there’s a lawyer involved, because it will cost them more than that just to answer the attorney’s letter.

Answer 4

If you paid in advance the full amount, that's it. As long as you have a receipt of th described work to be done and the price stated, then I would not pay anymore. I would tell them that they were to be out a day earlier and did not show up. Tell the manager or owner what the employees said about being quitting time. And tell them you refuse to pay and you will be filing a lawsuit in court and contact your local police department. All this should be done with a certified letter that has to be signed for. Keep detailed noted and all correspondences from the company. Good Luck!!

Answer 5

They were the ones who chose to come too late to finish the job earlier in the day; you were prepared for them to come in the morning like they said they would. Write them a letter detailing what happened, and telling them that they have set up a very good racket to defraud the public and get themselves paid twice for one job. Send a copy, with a copy of all bills and the payment you made, to your state's attorney general's consumer fraud department. When the AG's office contacts them, they will forget all about wanting a second $400.00 from you.
Even if your contract stated that you would pay for additional visits, it was not your fault they had to come twice. If they had done what they agreed to do, they would have only had to come once. So you still shouldn't have to pay twice.

Answer 6

Several ways to handle this. If you did pay them the additional 400.00, you could then turn around and sue them for the money you paid. You can claim that it was an unfair act. You can even turn them into the Better Business Bureau. If you refuse to pay the money that they feel is owed, they can possibly have you arrested for theft of services. Depends on your state laws. So, be careful on how you handle the money end of it. Call your local law enforcement agency and ask the for the laws on that.

You can not pay it at all and let them take you to court to get the money. Let the judge hear the case and decide whether or not he/she feels the company should be paid.

As I said, several ways to handle this. I would definitely go to another company unless you can get it taken care of.

Hope it helps.

Answer 7

That sounds like a scam to me. Why would they come out at 4:30 if they knew quitting time was 5:00. There is no way to get any job done that quickly. I think you are right. If you have a contract with them I suggest you review it carefully for loopholes.

Answer 8

ur right i wouldnt pay them another dime they should have come out when they said they would in the first place. if u know that quitting time is 5pm and u know the job is gonna take longer than 30 minutes why even bother just call the people and tell them that u will be out the following morning.

Answer 9

I would argue this one all the way to the bank! It sounds like they are trying to pull a fast one on you. I would stand your ground and perhaps contact the Better Business Bureau about these shysters. You paid for a survey, which is a fixed contract. It is up to them to finish it on time. I don't think that they have any grounds to charge a second time (but make sure you read the fine print on the contract).

Answer 10

Unless you signed something that said otherwise, then I think you are correct. If they needed to bill you twice, then they should have asked you IN WRITING if they should come back. I would insist that it was THEIR fault that they had to come twice, not mine. Then I would tell them that I am not paying it. If they make a fuss or try to report you to collections, then discuss it with an attorney. There is never any guarantee with small claims cases, but generally speaking you've got a good case... unless, like I said, you signed something that said otherwise.