Question about business billing integrity

  • bigpike
    Posts: 6259
    #1263967

    I had work done 9 months ago in my home, I talked extensivly on the phone with the guy who quoted me a verbal price. I offered him to come to my home and look at the job- nope it was a clear cut job. The technician comes to my home does the exact work that was talked about over the phone and I get a bill for double the quote. What rights do I have as a consumer against this rip off. I refuse to cave into there tactics and I wont pay. I recieved a threatining letter today saying I have 10 days to pay or they will be contacting an attorney for collection. I don’t want to go to court and I don’t feel they have a right to quote me one price then stick it to me on the bill. Please tell me I have some rights as a consumer……anyone?

    nick
    Lakeville, MN
    Posts: 4977
    #797053

    Do you have anything in writing?

    stuart
    Mn.
    Posts: 3682
    #797054

    Verbal only,your effed.

    suzuki
    Woodbury, Mn
    Posts: 18621
    #797055

    Verbal agreements are fast and efficient. I do them with customers and contractors every day. There’s always the risk of running into a bad apple but it is rare. All you can do is go with your gut in those situations which works well for me. I dont know to handle your situation because I cant imagine doing that to someone. Sounds pretty underhanded to me.

    Mike Klein
    Hastings, MN
    Posts: 1026
    #797063

    at this point past 45 days without a pre lein he can’t lein your home. conciliation court will most likley side with you. I have had this in my own business I always have a contract. I own a lanscaping company and have been stiffed a few times even for small jobs i get it signed. Good luck But it may mean a short bit a small claims if he won’t back down. He is most likley playing tough and won’t go that way anyway. Good luck.

    wade_kuehl
    Northwest Iowa
    Posts: 6167
    #797069

    I had something similar happen to me with a roofer. He sent me the bill which was way more than we had agreed. I sent him the amount we had agreed on and a letter explaining why I am paying that amount. I was prepared to go to court if needed. I never heard another word from him. I assmue he figured he was in the wrong and didn’t want to drag it to court only to lose. I would send the amount you had previously been quoted wiht a letter of explanation. Keep a copy of the letter and the payment for yourself. Be prepared to go to court if he pursues it.

    das_bass
    Mound, MN
    Posts: 332
    #797074

    You have the money, and they don’t have anything in writing saying what you owe them. It’s up to them to prove you owe them what they say. And if they do anything other than take you to small claims court, their costs will likely exceed what they would get from you. I agree you should tell them you will pay them for the work they did, at the price you had agreed to. But only do that if you get a reciept from them that basically says “Paid in Full”.

    nailbender
    Posts: 82
    #797079

    In Minnesota, you can only bill for 10% over the estimate. Anymore than that, and you are not liable.

    kerk
    Maplewood, MN
    Posts: 76
    #797087

    turn the tables on him start the proceedings in court yourself.

    joshbjork
    Center of Iowa
    Posts: 727
    #797121

    Send the check for the amount you agreed on and write “paid in full” in the comments box. If you go to court, he can’t say “the guy refuses to pay me anything.” If he cashes a check that says “paid in full” on it, that’s sort of obligating but obviously set in stone. Plus, he’s more likely to take action if you pay him nothing, that wasn’t your agreement and no one would expect to be happy with that.

    big_g
    Isle, MN
    Posts: 22456
    #797124

    Quote:


    Send the check for the amount you agreed on and write “paid in full” in the comments box. If you go to court, he can’t say “the guy refuses to pay me anything.” If he cashes a check that says “paid in full” on it, that’s sort of obligating but obviously set in stone. Plus, he’s more likely to take action if you pay him nothing, that wasn’t your agreement and no one would expect to be happy with that.


    Good advice here

    big G

    tomliver
    Almost North of 8
    Posts: 148
    #797128

    Kind of sounds to me like the guy is a scammer! I’d call the guy from a different phone number then you’ve spoken with him in the past and record the call. Ask him for a quote on the same work you had done previously. I bet he will give you a quote closer to what he originally gave again. That would be great evidence in court or at least to call his scam and settle it out of court.

    You may want to check the laws in WI on recording calls. In MN only one person in the conversation (you) needs to consent to a call being recorded.

    Just my thought.

    Good Luck

    Dave Koonce
    Moderator
    Prairie du Chien Wi.
    Posts: 6946
    #797132

    Call the Better Business Bureau and see what they say …They may already have others complaining about them too.

    Mike W
    MN/Anoka/Ham lake
    Posts: 13294
    #797167

    Quote:


    Quote:


    Send the check for the amount you agreed on and write “paid in full” in the comments box. If you go to court, he can’t say “the guy refuses to pay me anything.” If he cashes a check that says “paid in full” on it, that’s sort of obligating but obviously set in stone. Plus, he’s more likely to take action if you pay him nothing, that wasn’t your agreement and no one would expect to be happy with that.


    Good advice here

    big G


    In mn I believe he has 10 days from the start of work to prelien you. If he does not do this he can still lien but it will easily be thrown out by a attorney on your dime. Hate to say you have all the rights in the world to fight this. It will only cost you time and money. Who is right or wrong does not mater it will still cost time and money. If the work he did was worth what he is asking pay it. If not pay what was agreed on and fight it.

    I am dealing with a contractor that follows what sounds like these same business practices. I got a written estimate for one price and a bill for double. No mention of additional work. Bill arrives over a month after the job is done. So he places a lien on my customers property and hauls me into conciliation court. I loose. Judge states there was a implied contract between us and improvements where made to the property. The written estimate did not mean anything. The owner tells me on the way out of court he new he was going to win because they are in court every week collecting money this way.

    Now I have all the rights in the world to fight this. I can appeal the decision. Hire a attorney to fight it. Sue this contractor. It will just cost me time and money to end up being right. NOt sure what I am going to do with this yet but most likely we are paying and additional costs including his court filing fees, lien fees and lien release fees just to make this go away for my customer. Got to love the way this stuff works out.

    Lesson learned from this? Make sure any estimates or work orders signed have on them have some sort of statement tot he effect that any additional work must be approved in writing by both parties before start of work. Dont kid yourself that this will solve all problems. The best rule of thumb is “its better to have a poor contract with a good contractor than a good contract with a poor contractor”.

    Because when it goes bad it will only cost you time and money to fix it. Make sure and check who you are doing business with.

    Mike W
    MN/Anoka/Ham lake
    Posts: 13294
    #797170

    IF you are going to fight this try the paid in full check. Ive heard there is some type of legal agreement to this.

    bigpike
    Posts: 6259
    #797234

    I sent him a check last year for the top end of his verbal quote with a letter explaining my position, I called and tried talking to the guy who did the quoting and he would have nothing to meeting at a half way point (back when I was still agreeable to this). Then I got agitated and refused to pay anything more. This was a gas hook up for a new gas furnace I installed and I found the work they did was shoddy: smelt a small amount of gas every time I walkled through my furnace room. Never thought nothing of it. Then my bud that helped me put in the furnace came back this spring to hook my air conditioning back into the furnace line and he found the guy didn’t even tighten the fittings that hook into the furnace. Also he said that they should of hard lined the line up to the ceiling but they did not- so basically they did shoddy AND cheap work. They have tried contacting me recently to find a mid way point but now I am upset about the work they did and the fact when I tried to settle with them they would not listen to me. I have contacted the better business bureau but that did nothing other than document my complaint. I refuse to pay them anymore…..

    absolute2ks
    Chippewa Falls, WI
    Posts: 674
    #797241

    Quote:


    I sent him a check last year for the top end of his verbal quote with a letter explaining my position, I called and tried talking to the guy who did the quoting and he would have nothing to meeting at a half way point (back when I was still agreeable to this). Then I got agitated and refused to pay anything more. This was a gas hook up for a new gas furnace I installed and I found the work they did was shoddy: smelt a small amount of gas every time I walkled through my furnace room. Never thought nothing of it. Then my bud that helped me put in the furnace came back this spring to hook my air conditioning back into the furnace line and he found the guy didn’t even tighten the fittings that hook into the furnace. Also he said that they should of hard lined the line up to the ceiling but they did not- so basically they did shoddy AND cheap work. They have tried contacting me recently to find a mid way point but now I am upset about the work they did and the fact when I tried to settle with them they would not listen to me. I have contacted the better business bureau but that did nothing other than document my complaint. I refuse to pay them anymore…..


    Make sure you get a bill from the guy that did fix the leak or loose fittings, just for reference.

    docfrigo
    Wisconsin
    Posts: 1564
    #797242

    Sorry to hear that BigPike, certainly not how I run my business.
    Might want to call the BBB and ask their advice, that might be a good bet for following any WI laws or they might help you directly.
    good luck.

    Jeremy

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