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    LivraeT's Avatar
    LivraeT Posts: 3, Reputation: 1
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    #1

    Nov 14, 2008, 01:21 PM
    Seeking refund for overpayment to City Electric Dept.
    Hello, Recently the City of Lafayette , GA was out at my house 3 times in one day. When I went out to talk to the man about why he was here he said "he was looking for our security light." I told him we do not have and never have had a security light. He asked to see a copy of my last bill, which I showed him and sure enough right above etax and gtax says s/l. This I now know means security light. I never questioned what this was thinking it was another tax. Just like on cable, phone etc. bills I can not call to verify what every extra tax/items means. So, I have met with the superintendent of the electrical dept. and spoke to the city manager. I have paid $548 for this charge over the last 6 yrs. They only want to reimburse me for $248. They say GA law says they only have to go back 2 yrs. On this. Even though I have all my receipt to prove this overpayment. It has just now been discovered and they missed it on their last 2 audits, which they do every 2 yrs. I can only find laws for 2 yrs for personal injury, nothing about refunds for over payments. I am not willing to settle for $300 less than I over paid. Any advice on what to do next? Thank you for any guidance in this matter. Regards, C. Tomisek
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 14, 2008, 02:06 PM
    Quote Originally Posted by LivraeT View Post
    Hello, Recently the City of Lafayette , GA was out at my house 3 times in one day. When I went out to talk to the man about why he was here he said "he was looking for our security light." I told him we do not have and never have had a security light. He asked to see a copy of my last bill, which I showed him and sure enough right above etax and gtax says s/l. This I now know means security light. I never questioned what this was thinking it was another tax. Just like on cable, phone etc. bills I can not call to verify what each and every extra tax/items means. So, I have met with the superintendent of the electrical dept. and spoke to the city manager. I have paid $548 for this charge over the last 6 yrs. They only want to reimburse me for $248. They say GA law says they only have to go back 2 yrs. on this. Even though I have all my receipt to prove this overpayment. It has just now been discovered and they missed it on their last 2 audits, which they do every 2 yrs. I can only find laws for 2 yrs for personal injury, nothing about refunds for over payments. I am not willing to settle for $300 less than I over paid. Any advice on what to do next? Thank you for any guidance in this matter. Regards, C. Tomisek


    Ask for the specific law which states the Statute is 2 years. I'd still go to Small Claims and sue for the total amount (if they won't negotiate with you) and see how it plays out.

    To a certain extent - and I understand the tiny print and the various charges - you are responsible for knowing what/why/how you are paying and I'm sure they'll raise that argument. However, I can find no "2 year" law.
    LivraeT's Avatar
    LivraeT Posts: 3, Reputation: 1
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    #3

    Nov 14, 2008, 06:19 PM
    I spoke to the city clerk and then to the city manager today. It turns out there is no law. He says now that he is confused where that came from, it is city policy. I said OK can you tell me where I can find a written copy of this policy. He told me well it is not written anywhere, it is just the way it has been for the 10 yrs. I have been here. I explained that being an unwritten policy that everyone just always followed does not mean that they have to adhere to it. I let him know I will be challenging this unwritten rule. I am sending a letter to the utilities commission which meets in a couple weeks. They are suppose to have the final say about this "unwritten policy" if they then decide to make it a written policy after this, so be it. Thanks for the input and if there is any more advice or comments out there, I would love to hear it :)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Nov 15, 2008, 07:49 AM
    Quote Originally Posted by LivraeT View Post
    I spoke to the city clerk and then to the city manager today. It turns out there is no law. He says now that he is confused where that came from, it is city policy. I said ok can you tell me where I can find a written copy of this policy. He told me well it is not written anywhere, it is just the way it has been for the 10 yrs. I have been here. I explained that being an unwritten policy that everyone just always followed does not mean that they have to adhere to it. I let him know I will be challenging this unwritten rule. I am sending a letter to the utilities commission which meets in a couple weeks. They are suppose to have the final say about this "unwritten policy" if they then decide to make it a written policy after this, so be it. Thanks for the input and if there is any more advice or comments out there, I would love to hear it :)

    Wow, excellent - this won't be the first time someone on this thread has been told that "the law says" this or that and there IS no law.

    The State Utilities Commission also has a lot of teeth - you might want to complain there.

    I always hate to start the whole "publicity" thing because who wants to be on TV (?) but a call or letter to a local station which does trouble shooting for people or has some sort of advice segment can also work wonders - if this has happened to you, it's happened to other people.

    Please keep us informed -

    Love it when the "law" is misquoted because of some "misunderstanding."
    mike_edwards's Avatar
    mike_edwards Posts: 23, Reputation: 1
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    #5

    Nov 15, 2008, 12:18 PM

    Also city policy is not law, Also if you have a city cousilperson, call them up to go to bat for you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Nov 17, 2008, 04:57 PM
    Quote Originally Posted by mike_edwards View Post
    also city policy is not law, Also if you have a city cousilperson, call them up to go to bat for you.

    OP already knows this is policy and not Law. Please read the prior posts before you respond.
    LivraeT's Avatar
    LivraeT Posts: 3, Reputation: 1
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    #7

    Mar 6, 2009, 03:58 PM
    Hello, I have an update about our over charge. We wrote a letter that was presented to the utilities commission during the Jan. meeting and they granted us a full refund. They had credited us $200 prior and then gave us the remaining $388 back via credit. Justice prevailed, with a lot of phone calls and letters :) Our bank acct. thanks us.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Mar 7, 2009, 09:39 AM
    Quote Originally Posted by LivraeT View Post
    Hello, I have an update about our over charge. We wrote a letter that was presented to the utilities commission during the Jan. meeting and they granted us a full refund. They had credited us $200 prior and then gave us the remaining $388 back via credit. Justice prevailed, with a lot of phone calls and letters :) Our bank acct. thanks us.


    Thank you SO much for coming back and posting. Congrats!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #9

    Mar 8, 2009, 04:37 PM

    Wow! Thanks for giving us an update on this. Sometimes perseverance does pay off - especially when it comes to your money versus their money! Utilities can tack on stuff that normal people can't figure out so they just keep paying each month. I always go over every "additional charge" with a fine tooth comb and quiz the utility representative on the phone about additional charges until I do understand.

    Glad you won!

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