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Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience:  8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
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I had an agreement with a dumpster contractor to rent a dumpster

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I had an agreement with a dumpster contractor to rent a dumpster from 6/22/10 - 7/6/10 for a flat fee of $299.00 (which I gave them my debit card for) with the agreement that if the dumpster was over weight or I keept it longer than the 14 days there would be additional charges. The lady I talked to about this understood this was a rental house in Tampa and I was having the dumpster delivered on the day I drove down so I wouldn't be there for the delivery and my dad would be the one calling for pick up but there probably wouldn't be anyone there when they picked up either. I was told this wouldn't be a problem. My dad called them on 7/5/10 to pick up the dumpster and told the lady again, that he wouldn't be there the next day for the pick up and was again told that would be no trouble. I have the phone records of when we called them and how long the conversations were. I received an invoice from them on 8/25/10 that I owed and additional $198.87 and that infact they took this amount from my checking account on 8/23/10. Attached to the invoice is a hand written work order that states, "This is the dumpster we had the wrong address for. Dumpster is in back yard thru gate." and it lists the requested pick up date as 8/5/10. I had not been contacted by this company at all since my dad called them for pick up on 7/5/10, until I received this in the mail. I called them on 8/27 and left a message. I didn't hear from anyone so I called back on 9/2/10 and spoke with a lady who said she is sorry but she has no control over this that she has forwarded my complaint to the owner and he will get back to me. Today I went to my back to dispute the charge because, still, no one has contacted me. I am wondering if I have a claim against this company, was it even legal for them to even take the money out of my account without contacting me first?
Submitted: 6 years ago.
Category: Legal
Expert:  Steinlaw replied 6 years ago.
Chat Conversation Started
Steinlaw :

You do have a claim against them. This is the type of claim that would be resolved in small claims court. Its a simple breach of contract claim.

Steinlaw :

You want to first send them a letter demanding that they reimburse you the money less the $299. Give them 14 days to do that. If they do it, great. If they do not do it, sue them in small claims court. Get your dad to show up as your witness. You should prevail.

JACUSTOMER-xcmmtpge- :

My bank said I can go to their office and fill out a form to dispute the charge where they will credit back my account and perform an investigation of their own to determine if I will keep the money of if they will end up completing the charge. Is this an acceptable way to go about this?

Steinlaw :

That is and it is much quicker. You have a good bank. Let them do it for you.

JACUSTOMER-xcmmtpge- :

Ok then, thank you.

Steinlaw :

Good luck!

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