My boyfriend and I had carpet installed over a year ago in our basement. We went in to the carpet installer, picked out what we wanted, arranged install, and I handed over a cheque so the carpet could be ordered (I was told it was $1300 to have the carpet ordered). I never signed anything, didn't even recieve an invoice or statement. Carpet came in, installer came to my house and installed the carpet, and left. Still I never signed anything, not even with their installer. Now they are trying to come after me for money owing, that I was never told about. They have even gone as far as wanting to take me to court over it. I am going to fight it, as there is nothing stating my signature on a contract, or invoice saying I still owe a certain amount of money. What are my chances? I've even told them I would pay the money, but now they want to charge me all this additional money that makes no sense, and I feel they are just trying to scam me. Help!?!
2007-12-06 07:46:34 · 21 answers · asked by taste_this_kandi 1 in Politics & Government ➔ Law & Ethics
if you paid them by check, the bank will have a copy of the cancelled check and that will show that you paid them.
if they want to take you to court... they can. seems like these guys are crooks and rely on your fear of confronting them.
another way is to find some scary friends who'll let them know you cannot be browbeaten.
2007-12-06 07:52:37 · answer #1 · answered by joe the man 7 · 0⤊ 0⤋
Sure you didn't sign anything, but when negotiated the price, did you have the understanding that everything will be covered or just so "the carpet could be ordered"? If it was the later, then you know there is another payment coming. The installer was stupid enough to not demand the money on the day of the install.
In the absence of a signed written contract, it is nothing more than "he said, she said" so it really is up to the judge to believe in you or them. However, it is strange they did not issue you any invoice within a reasonable amount of time. There may be a provision in Article 2 of the Uniform Commercial Code that says that they have to send invoice and put you on notice, but don't quote me here and I have not looked that up for you.
You need to find a lawyer and let them tell you what the law is. Many cities and states have Lawyer Referral Services and / or Legal Aid. In the event that you can't find either, call the local bar association or the state bar association. Good luck.
2007-12-06 07:57:59 · answer #2 · answered by Andy 4 · 1⤊ 0⤋
OK, first I can't believe you ordered carpet and paid money without a piece of paper about it. It's possible that the $1300 was for the carpet and not the installation. If there was no verbal agreement on cost of anything, I think they don't have a leg to stand on. Especially since they never gave you any paperwork on top of that. They should have been more specific on the pricing up front. I would let them try to sue you. If there is nothing written OR verbal, and if both of you were there at the store when it was ordered, there are two witnesses against their one sales person.
2007-12-06 08:25:51 · answer #3 · answered by Linda K 3 · 0⤊ 0⤋
Wow, no paperwork of any kind? You may want to speak to a lawyer (there are plenty you can talk to free of charge) and find out what this is about. If there is no paper and no signatures, then I'd say the deal is done. Do not under any circumstances give them more money! I believe they want install fees but $1300 just to order the carpet? That sounds like a bad deal to me...
2007-12-06 08:04:28 · answer #4 · answered by Rocko Barbella 4 · 0⤊ 0⤋
You paid for the carpet but not the installation. You may get away with not paying for the installation since there was not written contract. How is that better than being a thief?
2007-12-06 07:50:00 · answer #5 · answered by davidmi711 7 · 0⤊ 0⤋
Yes there trying to scam you.turn it over to
the city DA.or file a claim in small claim court. stating that the carpet people refused to provide
a contract.THE are going to say that they had a
oral contract with you.,and have a witness.Just make sure that your have the paid check,with
a signature on the back,
2007-12-06 08:08:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you offered the money and they turned it down, then something isn't right. Businesses don't turn down money. And that may actually give you a legal leg to stand on. Go talk to a lawyer.
If you really see any reason you owe them more money, make sure to make your offer in writing. If you offered but do not have it documented then it's just your word against theirs.
Of course they my just be trying to bully you. Really, talk to a lawyer. You may also want to contact the BBB to see if they've been reported. This may be a scam they pull on lots of people. And make a report yourself, you may save someone else a lot of heartache in the future.
2007-12-06 07:52:43 · answer #7 · answered by Crypt 6 · 0⤊ 0⤋
I think you may need a lawyer to help you. Verbal contracts are vey tricky.
Obviously, you should not have handed over any money without having a signed contract that detailed the labor and material costs for the job.
2007-12-06 07:54:14 · answer #8 · answered by Archer 3 · 0⤊ 0⤋
You never said why they came back in a year to get more money? That really makes no sense either. I hope you got some proof you paid, or it's their word against your's.
2007-12-06 07:57:44 · answer #9 · answered by primalclaws1974 6 · 0⤊ 0⤋
If you paid by check there should be a record. Contact your bank for a copy of the canceled check if needed.
Let them sue you, they will have to proof that you did not pay.
2007-12-06 07:52:16 · answer #10 · answered by KV 2 · 0⤊ 0⤋