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Samuel-II, Lawyer
Category: Real Estate Law
Satisfied Customers: 27011
Experience:  real estate law
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I ordered a septic tank pumping and when they arrived the price

Customer Question

I ordered a septic tank pumping and when they arrived the price quoted went from 188 to 1318 dollars. I was not home and my wife did not know how to deal with them so she just wrote them a check for 4 additional charges I did not ask for. Also my tank was 1000 gallon tank and they charged me for a 1500 gallon tank. My wife did not know any better but I specifically told them I had a 1000 gallon tank. I think they took advantage of my wife and due to the error on the invoice I stopped payment. They have acknowledged that they made an error in charging me for the 1500 gallon tank but insist the other charges are legit. I contacted several different companies who all stated that their fee is flat and I was not informed any different form the company I used at time of scheduling the appointment. Am I bound to any legal recourse from stopping payment as there were obvious errors on the tank size? Do I have any recourse for the bait an switch using my wife?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Samuel-II replied 1 year ago.
HelloThis is Samuel. I will provide you information in this regard.
Expert:  Samuel-II replied 1 year ago.
You have a contract dispute and you should begin with contacting the company and requesting the refunds as appropriate. This should be done in writing, mailed certified with a return receipt requested. Give them 7 days from receipt of the letter to respond and if they do not, then file in small claims court for the breach of contract to get your money back.
Expert:  Samuel-II replied 1 year ago.
Your letter will show the court you tried to settle the matter, they were uncooperative and request they pay your legal fees associated with bring the suit which should be about $150 to file.
Expert:  Samuel-II replied 1 year ago.
If you stop payment, you can be criminally charged with theft by conversion; though this is not a criminal matter but a civil one the police can still charge you.