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Thread ID: 108621 2010-04-05 04:12:00 Disputed bill from Professionals - Any Lawyers ? Digby (677) PC World Chat
Post ID Timestamp Content User
873004 2010-04-05 04:12:00 Hi Guys

I have a dispute with a firm of "Professionals" and would like some advice.

We asked for a job to be done
They quoted in writing $3,500.
We said that was too much.
So they agreed to do it for about $2,000
This was verbally on three occasions to two of us separately.
They did most of the work.
Then the bill arrived for $3,500 !
We have been writing back and for to each other disputing this.
We say they should stick to their quote for $2,000 which we have paid, as they never advised us it was going to be more (to get a go ahead)
They say the work they have done is fair and worth $3,500.

Obviously if we do not pay (and we are not going to) they will take us to the Debt Collectors.
What can we do to head them off on this ?
As in my experience once you get debt collectors or a court judgment on to you, you are stuffed.
Digby (677)
873005 2010-04-05 04:29:00 If you have not got a written quote for the reduced sum, I don't like your chances -
Your only recourse as matters stand is you you each to do a separate Statutory Declaration and submit them with a written compalint to the Professionals Standards Authority for the profession concerned - Do it now - don't wait for them to put it in the hands of debt collectors.

It depends on the profession as to how sympathetically your complaint is received.
KenESmith (6287)
873006 2010-04-05 04:54:00 They quoted in writing $3,500.

So they agreed to do it for about $2,000
This was verbally on three occasions to two of us separately.
They did most of the work.
Then the bill arrived for $3,500 !

As in my experience once you get debt collectors or a court judgment on to you, you are stuffed.

Most of the work?
I'd argue it.
Let them take it to court or disputes.
Both people who had the verbal quote can attend.
Maybe you'll lose, whatever, so will they, it will cost them.

And in MY experience you can go along and win and still never get the money.
pctek (84)
873007 2010-04-05 05:04:00 "As in my experience once you get debt collectors or a court judgment on to you, you are stuffed"

Do you have experience in not paying?

It seems that way based on what you have said.
Sweep (90)
873008 2010-04-05 05:46:00 Hi Guys

I have a dispute with a firm of "Professionals" and would like some advice.

We asked for a job to be done
They quoted in writing $3,500.
We said that was too much.
So they agreed to do it for about $2,000
This was verbally on three occasions to two of us separately.
They did most of the work.
Then the bill arrived for $3,500 !
We have been writing back and for to each other disputing this.
We say they should stick to their quote for $2,000 which we have paid, as they never advised us it was going to be more (to get a go ahead)
They say the work they have done is fair and worth $3,500.

Obviously if we do not pay (and we are not going to) they will take us to the Debt Collectors.
What can we do to head them off on this ?
As in my experience once you get debt collectors or a court judgment on to you, you are stuffed.


If they take you to the debt collectors, then they have to prove that you accepted the quote, eg a signed contract. I suspect from what you said, that you don't have anything in writing to show you signed the contract. ALso they would have to declare to the collection agency that you do dispute the amount. YOu may have to pay the collection agency, but you would then have to take the company to the disputes tribunal to retrieve the payment.
robbyp (2751)
873009 2010-04-05 09:25:00 "As in my experience once you get debt collectors or a court judgment on to you, you are stuffed"

Do you have experience in not paying?

It seems that way based on what you have said.
Were you born with a wooden spoon in your mouth?:groan:
mikebartnz (21)
873010 2010-04-05 09:38:00 Further to my post above, suggest you do the following:
Obtain a bank cheque made out to the professional concerned, for the amount you verbally agreed, endorsed Account Payee Only>
Accompany it with a letter, stating the cheque is in full and final settlement for the work done as verbally agreed agrreed between all the namned parties.
Forward the cheque and letter addressed personally to the place of business by Registered Mail - ask the Post Office for an AR card - (Signed as Acknowledging Receipt by addressee- that is the way military call up notification is sent - only addressee can accept and must sign as receiving.)

Point : The amount you agreed is paid in full - any balance is subject to adjudication - if recipient doesn't cash the cheque not your problem - you have paid by bank cheque.

Suggest you discuss it with your bank manager - as well, but you have reserved youir position - you have not refused to pay - the chances are they will accept payment to full satisfaction - especially if you lodge a formal complaint as I advised.
KenESmith (6287)
873011 2010-04-05 09:45:00 Were you born with a wooden spoon in your mouth?:groan:

No. Or a silver spoon either for that matter.

The lack of silver spoon taught me to read before I signed.

Ever tried reading a verbal agreement? And then interpreting what was meant by same?

Also like KenE says I would pay at least what was agreed to verbally but there presumably is a dispute as to the rest.

To quote the original post in part:-

"So they agreed to do it for about $2,000
This was verbally on three occasions to two of us separately.
They did most of the work."

So what is about $2,000? Is that $1,900 $1,950 $2.100 $2,200 or what?
Sweep (90)
873012 2010-04-05 12:10:00 Further to my post above, suggest you do the following:
Obtain a bank cheque made out to the professional concerned, for the amount you verbally agreed, endorsed Account Payee Only>
Accompany it with a letter, stating the cheque is in full and final settlement for the work done as verbally agreed agrreed between all the namned parties.
Forward the cheque and letter addressed personally to the place of business by Registered Mail - ask the Post Office for an AR card - (Signed as Acknowledging Receipt by addressee- that is the way military call up notification is sent - only addressee can accept and must sign as receiving.)

Point : The amount you agreed is paid in full - any balance is subject to adjudication - if recipient doesn't cash the cheque not your problem - you have paid by bank cheque.

Suggest you discuss it with your bank manager - as well, but you have reserved youir position - you have not refused to pay - the chances are they will accept payment to full satisfaction - especially if you lodge a formal complaint as I advised.

This.

I don't claim to be an expert by any means, but under my understanding of contract law, a verbal agreement to do the work for "about $2000" is a binding contract.

This allows THEM (at mostly their cost and effort) to persue you for the remainder, and fail to do so, if they wish.

They would be fools not to cash the cheque, and when they do, the bill is settled in full.

(Disclaimer, this is my opinion and not the advice of an expert!)
george12 (7)
873013 2010-04-05 20:29:00 Thanks guys for the great replies.
Very helpful and a lot to go through (as always)

Just to clarify a few things.
yes in my younger days I did have a few "bill's" that took me a while to pay.
As I said it seems that if someone goes to court to get a judgement on you, the court only listens to them. But that is a separte issue.

The company involved gave us a written quote for $3,500, and asked for a $2,000 deposit which they say is normal in their industry.
When we told them we could not afford to go ahead on the $3,500 and we said that the work they had already done for us should make the current job much easier, one of their partners agreed that $2,000 should cover it. We then said that on that basis we would give them a $1,000 deposit, but they insisted on the $2,000 saying that should about cover it. On that basis we agreed verbally to go ahead.

So we paid the $2,000 before they started the work.

I like the idea of going to their proffessional body.
I also like the idea of going to court with our two affadavits !
And the fact that they have not finished the work, should help us.

Hopefully just threatening them with reporting them to their body might make them give us.
Digby (677)
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