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Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I just received my new Chevron bill and they charged a

Customer Question

I just received my new Chevron bill and they charged a $416.33 charge for late fee...on a $1705.66 bill which WAS late but only because THEY upgraded our account and we never received the first bill and was not aware of a problem until they stopped our service...but the real question is, can they legally charge that much for a LATE fee. there is nothing to indicate on the contract that I have found that says that also I seem to recall that the max late fees that can be charged is $39.00 Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. The answer is that they cannot arbitrarily and without contractual warning charge a late fee that exceeds that which is detailed in the contract...which is this case is $39.00. As such, they have exceeded their contractual authority. That notwithstanding, even if they could charge this amount, based on the lack of notice of the bill, they have also violated your agreement by charging any late fee because they did not notify you of a timely bill by and through which you could tender a payment.

So, on two grounds they are wrong here and should not charge ANY late fee under the circumstances.

You need to notify them of these facts first verbally and then in writing (to give legal notice). Tell them if they do not have this late fee as well as any other based on the circumstances, then you will seek injunctive relief and attorney fees against them for their wrongdoing.

Please rate my answer positively and let me know if you have any other questions or comments.

Best!

Customer: replied 1 year ago.
Thank you for your quick response. I will call them and if not satisfied will send them a letter. I have found many complaints on-line about these kind of charges
Expert:  Delta-Lawyer replied 1 year ago.

Sounds great! If you don't mind, please rate my answer positively so that I can receive credit for my work (4 or 5 stars). Best!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking on you to see if you had any additional questions. I want you to be as comfortable as possible as you move forward. Thanks!