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Posts: 567
Location: Winston Salem
Location: Winston Salem
Thu May 31, 2018 11:29 am
As cheap and easy as small claims is, that would be my solution. Not because I'm a cheap ass but because I'm stubborn. If I'm quoted $300 and charged $400, fine. Maybe even $450 I would be okay with. But $800. Oh hell no. If I'm going to pay them $800 it's going to be because the court ordered me to.
I would get quotes from a few different companies IN WRITING explaining the parts needed, hours needed to do the job, etc. Those quotes would be going to court with me so I can ask them and make them answer in front of a judge why they charged double what they quoted and double what everyone else charges. Not to mention the court WILL SIDE WITH YOU in the fact that they did work you did not authorize (being everything they didn't quote you)
Odds are, if you slap them with a small claims suit, they won't take it that far and be willing to only charge you what they quoted
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23\' Winner Cuddy Sport 225HP Honda
I would get quotes from a few different companies IN WRITING explaining the parts needed, hours needed to do the job, etc. Those quotes would be going to court with me so I can ask them and make them answer in front of a judge why they charged double what they quoted and double what everyone else charges. Not to mention the court WILL SIDE WITH YOU in the fact that they did work you did not authorize (being everything they didn't quote you)
Odds are, if you slap them with a small claims suit, they won't take it that far and be willing to only charge you what they quoted
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23\' Winner Cuddy Sport 225HP Honda
Posts: 359
Location: Carteret County
Location: Carteret County
Thu May 31, 2018 1:19 pm
am I supposed to initiate the small claims court approach or supposed to wait for the company to take me to court? Not going to send them a dime until they come closer to the price I was quoted or the price that others have suggested it should have been. The following is their last statement of charges:Diagnostic 89
One Shot Tank & Recovery 180
Installing a TXV & filter drier with shipping and brazing materials then pulling a vacuum 465.20
This totals 734.20 - 15% (senior citizen discount) = 624.07
624.07 + 6.75% tax = 666.19
One Shot Tank & Recovery 180
Installing a TXV & filter drier with shipping and brazing materials then pulling a vacuum 465.20
This totals 734.20 - 15% (senior citizen discount) = 624.07
624.07 + 6.75% tax = 666.19
Posts: 89
Location: Topsail Beach
Location: Topsail Beach
Thu May 31, 2018 2:57 pm
Sorry to jump in especially since I missed the initial thread but...I agree with Seapro with one small addition. If they originally quoted you $300 and have finished the work, I personally would send them a check for the initial agreed amount. That way you have honored your part of the initial understood agreement. The business likely will not pursue this in small claims court, they are more likely to place a lean on your home-which the law does allow.
My $400 check to them would include a letter addressing my understanding of the initial estimate and advising "Full and final payment for estimate # ___". Just my 2 cents. Good luck
My $400 check to them would include a letter addressing my understanding of the initial estimate and advising "Full and final payment for estimate # ___". Just my 2 cents. Good luck
Posts: 567
Location: Winston Salem
Location: Winston Salem
Thu May 31, 2018 4:32 pm
| downeaster wrote: |
| am I supposed to initiate the small claims court approach or supposed to wait for the company to take me to court? Not going to send them a dime until they come closer to the price I was quoted or the price that others have suggested it should have been. The following is their last statement of charges:Diagnostic 89
One Shot Tank & Recovery 180 Installing a TXV & filter drier with shipping and brazing materials then pulling a vacuum 465.20 This totals 734.20 - 15% (senior citizen discount) = 624.07 624.07 + 6.75% tax = 666.19 |
Keep in mind...I AM NOT A LAWYER. However, not only do I have a very good understanding of our judicial system, but I unfortunately have initiated small claims court 3 times for the exact same kind of BS your dealing with now. The outcome? I won all three. The first one, I called to get all of their legal information and explained to them that I had no problem paying what I was initially told but I wasn't paying a dime more. If they wanted to accept full payment of the original amount then they could write me out a bill for that amount, I'll pay it, and it would be done. However, if they continued to refuse an officer of the court would be dropping off papers in the next 15 days and the next time we spoke would be in front of a judge. This resulted in them agreeing and I paid the original amount and it was over.
Second time, I did the same thing as above. Except this time they said see you in court. Court day arrives and I have done my homework to present as much evidence as I possibly could to the judge showing what I was told why I was being screwed etc. Remember in my previous post I said "THE COURT WILL SIDE WITH YOU in the fact that they did work you did not authorize"??? Well, this is what got them. The judge ruled in my favor because they did not "consult the client".
Third time...this one was the easiest one yet. I won by default because they didn't even show up!
Be sure you subtract your court cost from what you agreed to pay them as well. THIS IS IMPORTANT. Make them pay for the time cost and frustrations they have caused you.
Now, to answer your question. Yes, you should initiate it. No, do not wait until they do it. If you do it, you have leverage. This shows you want to pay them and that your not just trying to skip out for free service. THIS WILL GO A LONG WAY WITH A JUDGE. (Especially if he has been screwed by someone like this before)
First thing you need to do if you choose this route is to call them one last time. Be sure you speak with the owner/person in charge.
***Tell them about your research and that you feel your getting taken advantage of. Not only because other companies have said they would charge half of what they did but, that you was given a quote and based off of that quote you authorized the work OF THAT QUOTE. No other work was authorized. (Notice I keep saying AUTHORIZED) this is a very powerful word especially in front of a judge.
Proceed to tell them that this IS YOUR FINAL ATTEMPT TO PAY FOR SERVICES RENDERED for the amount and only the amount you were quoted and if they choose not to accept, an OFFICER OF THE COURT will be delivering papers to settle the matter in front of a judge MINUS COURT COSTS.***
Since I have played this game before I will be more than happy to walk you through the whole process one step at a time. I would definitely call and follow the steps I wrote above first. If they still say no, then you haven't lost anything. You can then choose to move to the next step or not. Youst might be surprised. Nobody wants to take a day off work to go deal with the court. You just might be paying your quoted cost as I doubt they will want to deal with it.
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23\' Winner Cuddy Sport 225HP Honda
Posts: 816
Location: Morehead City, NC
Location: Morehead City, NC
Thu May 31, 2018 5:34 pm
The people at Carteret County Court House are very nice and if my memory is right, it is $35 to file with the court and $25 each for the Sheriff to deliver the summons, in this case just one, which you get back from the defendant if you win. You are the one who has to file.
Posts: 359
Location: Carteret County
Location: Carteret County
Thu May 31, 2018 6:13 pm
thanks folks for the much needed help.
Posts: 825
Location: Chapel Hill/Pine Knoll Shores, NC
Location: Chapel Hill/Pine Knoll Shores, NC
Thu May 31, 2018 8:02 pm
You said the original quote was "around $300", so do what Seapro suggested. Offer them a one time settlement for $350, and before you hand them any money, have your original bill voided and signed, and a new one for the agreed amount signed, "Paid in full". No one is going to court for the balance. If you need to, point out that potential customers have over 1300 views at this thread, and you haven't even mentioned his name, YET!
Posts: 605
Location: The LA
Location: The LA
Fri Jun 01, 2018 7:09 am
| baytro23 wrote: | ||||
If I quote $400 I charge $400. How did you get I charge double or that I am not skilled enough to diagnose any problem I run across from my post? |
Around Raleigh the going rate to replace a TXV in warranty is $600-$900. The refrigerant can be re-used. We run it thru a filter dryer on the way out.
I did not mean you had done that, I just wanted to make the point that if you make a quote, and you need to charge more due to some unforeseen problem, then you can't just run the bill up and hold your customer accountable without their consent. You just happened to be the guy trying to defend technicians doing the work. Nothing personal.
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