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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100943
Experience:  Lawyer
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Enercare claims that I owe them heating protection plan

Customer Question

Enercare claims that I owe them for a heating protection plan for a furnace I haven't owned since June. I disputed this invoice when I cancelled the service in June. (When I sold my home). Enercare states that I must pay for the service until December. I did not sign a contract. Enercares claim is that I had the service since 2015 and that I used the service which represents a contract. I told them I have no intention of paying for something I no longer own. They state they will elevate to 3rd party collection. I said fine. I asked that the daily automated phone calls that constitute harassment stop. They said the calls won't stop as I owe them money. I am a retired widow and really need to be careful about how I spend money. I have an excellent credit rating and don't want to have an issue for $107.00
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying that they are telling you that you had a fixed term contract ends in December?

Customer: replied 1 year ago.
not in those words but they compared it to having a cell phone contract
Expert:  Debra replied 1 year ago.

They are correct. It is like a cell phone contract. Some people have cell phone contacts. Others do not. I use my cell phone. I'm answering you from my iPhone right now. But I don't have a contract. I pay month-to-month. I used to have a contract but it ran out and I did not renew it.

If you had a contract then you'd be bound by it even though you tried to end it early. But, if you never entered into a contract with them then you can discontinue your service when you like.

I suggest that you call them, tell them that you received legal information from a lawyer and that the lawyer explained to you that unless you entered into a contract there is not a fixed term implied contract but the contract is simply for month-to-month and you discontinued it properly.

Then tell them that if they continue to harass you you'll consider taking whatever legal steps are necessary to stop it. Tell them if they want you to pay them then they should sue you. They will not sue you as they are not correct so they will not win.

If they do sue you it would be in small claims court and you could self represent and I could assist you from this end.