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carolq34 · Apr 18, 2013, 07:27 PM

I had booked an appointment with a company to come in and put together my exercise equipment. I decided not to have them come and called them the night before and left a message stating I would not need their services. Unfortunately the tech showed up at my door anyway.

The company called and left me a message stating that I should have asked about their cancellation policy and that I did not leave them enough time. They said they would be sending me a bill for a service call.

I called back and told them I would not be paying for a service call and that it was their responsibility to tell me that they had a cancellation policy.

They called again stating that I was the one responsible to ask about their policy and that they would be sending me a bill. They then stated that if I did not pay the bill that they would submit it to collections and it would affect my credit rating.

Can they legally get away with this?

smoothy · Apr 18, 2013, 07:35 PM

Yeah... calling the night before an appointment is in fact NOT long enough notice... anyplace. Not even your Doctors office...

And its not their responsibility to point their policy out if its readily available.. EG via a written contact or on their website.

odinn7 · Apr 18, 2013, 10:18 PM

Just pay it and use it as a lesson learned.

Alty · Apr 18, 2013, 10:19 PM

Sorry,but I don't know of any company that doesn't have a cancellation policy. Giving notice the night before is not long enough, you will have to pay for this service call or risk your credit, and going to collections. It's easier just to pay the bill, if you don't they can also legally add interest. If they take this to court you won't win, and you'll be responsible not only for the bill, but any interest as well.

ScottGem · Apr 19, 2013, 03:24 AM

The policy is in the contract you signed. You are responsible for reading the fine print. Pay them!

Fr_Chuck · Apr 19, 2013, 03:44 AM

Of course you are responsible, these companies often use independent contractors, not employees, these contractors are scheduled one to two days ahead, and normally have payment due, if there is any change. Once they show up to door, they get a min fee.

You should have let him do the work, once he showed up.

But they are not obligated to tell you cancelaton policy, you have obligation to ask, if you wish to cancel

It also sounds like you called after business hours, the night before, even common sense tells you that is too late.

sleepingless · Apr 19, 2013, 10:21 AM

I suggest you wait for the bill and once you get it.
File a complaint with the FTC here
http://www.consumer.ftc.gov/articles/0341-file-complaint-ftc
Then contact your state attorney general through email explaining the situation and give them phone numbers and addresses for contact.
The cooling off rule probably won't apply for you so you should get the ball rolling early by filling a compliant at your local county attorney office for small claims court and charge them with unauthorized billing.
Keep hard copies of everything you will be asked to present them in court.
Chances are they won't even show up but if they do there is a good chance you will lose and again you could win depends on the judge, but you will win either way because you have taken part of their day away and they made no money sitting in court, no interest can be charged, no fees can be levied, nothing but the bill will be considered while in the court system.

odinn7 · Apr 19, 2013, 10:34 AM

Originally Posted by sleepingless

I suggest you wait for the bill and once you get it.
File a complaint with the FTC here
File a Complaint with the FTC | Consumer Information
Then contact your state attorney general thru email explaining the situation and give them phone numbers and addresses for contact.
The cooling off rule probably wont apply for you so you should get the ball rolling early by filling a compliant at your local county attorney office for small claims court and charge them with unauthorized billing.
Keep hard copies of everything you will be asked to present them in court.
Chances are they wont even show up but if they do there is a good chance you will lose and again you could win depends on the judge, but you will win either way because you have taken part of their day away and they made no money sitting in court, no interest can be charged, no fees can be levied, nothing but the bill will be considered while in the court system.

You really think it's worth fighting this? Ridiculous. It's a waste of everyone's time to fight it.

"You will win either way because you have taken part of their day away"... That's just silly. Part of who's day? Some company rep that gets paid whether he's at the office or not?

Poor advice really.

ScottGem · Apr 19, 2013, 10:56 AM

Originally Posted by sleepingless

I suggest you wait for the bill and once you get it.
File a complaint with the FTC here

So your advice is that the OP should extract a level of revenge by attempting to drag the company into court for his mistake?

First, it is highly unlikely the FTC will listen to such a complaint. It is even more unlikely that state AG will waste their time pursuing it. And even if it does get to a hearing, it's the OP who will have wasted time having to take time off from work. The company will have sent someone that won't interfere with their ability to make money.

This is BAD advice In my opinion

sleepingless · Apr 19, 2013, 11:20 AM

Originally Posted by odinn7

You really think it's worth fighting this? Ridiculous. It's a waste of everyone's time to fight it.

"You will win either way because you have taken part of their day away"....That's just silly. Part of who's day? Some company rep that gets paid whether he's at the office or not?

Poor advice really.

If I go out to someone's house to exact a service for them and they don't want it they still should pay me for showing up, maybe my expenses but not the whole service call no. I would never exact such a thing on one of my customers because I want to keep them. By the way a company rep cannot show up in court and represent the company only the owner can do such a thing!

odinn7 · Apr 19, 2013, 11:24 AM

Originally Posted by sleepingless

If I go out to someones house to exact a service for them and they don't want it they still should pay me for showing up, maybe my expenses but not the whole service call no. I would never exact such a thing on one of my customers because I want to keep them. By the way a company rep cannot show up in court and represent the company only the owner can do such a thing!

You're a lawyer?

A company rep sure can show up for something like this. The company did nothing wrong. All companies that do installations and such have a certain call off period whether it's 24 hours or whatever... it's up to the consumer to understand that. The OP having made a mistake by calling this off the night before, when the company was closed, is not the fault of the company. Their tech was scheduled to show and did... service call fee... plain and simple.

So that's worth reporting to the FTC and taking time off work to fight in court?

sleepingless · Apr 19, 2013, 11:26 AM

Originally Posted by ScottGem

So your advice is that the OP should extract a level of revenge by attempting to drag the company into court for his mistake?

First, it is highly unlikely the FTC will listen to such a complaint. It is even more unlikely that state AG will waste their time pursuing it. And even if it does get to a hearing, its the OP who will have wasted time having to take time off from work. The company will have sent someone that won't interfere with their ability to make money.

This is BAD advice IMHO

Revenge is the only option available, the OP is going to pay, I don't think I would give them a free payday, If you have money to give away why don't you pay the bill. The state AG must at minimum file a brief, a company rep cannot sit for the company only an owner can do this. If the company sent a rep the billing would be dismissed and the company would be charged with unauthorized billing.

sleepingless · Apr 19, 2013, 11:30 AM

Originally Posted by odinn7

You're a lawyer?

A company rep sure can show up for something like this. The company did nothing wrong. All companies that do installations and such have a certain call off period whether it's 24 hours or whatever....it's up to the consumer to understand that. The OP having made a mistake by calling this off the night before, when the company was closed, is not the fault of the company. Their tech was scheduled to show and did....service call fee...plain and simple.

So that's worth reporting to the FTC and taking time off work to fight in court?

I am and no they didn't and yes the OP will lose but only if the owner shows furthermore the OP will exact a level playing field and more than likely win the argument through default.

odinn7 · Apr 19, 2013, 11:31 AM

Revenge is the only option... that's ludicrous. Revenge for what? For the OP not calling off in time? For their tech to show up at the OPs door? For them to follow company procedure? Revenge... you talk like a child.

Originally Posted by sleepingless

If you have money to give away why dont you pay the bill.

I don't see where anyone in this thread said we had money to give away... and to even post that sentence as a point of argument makes no sense whatsoever.

smoothy · Apr 19, 2013, 11:41 AM

Not to mention they (the person refusing to pay a legit bill) is going to incure extra fees, and charges... and have a collection on their credit history, If you have that on your credit history no real bank is going to loan you ANY money... and a bad credit negatively effects even what you pay for insurance...

The OP needs to suck it up and pay it because nothing good for them will result if they don't. Consider it an expensive lesson..

And incidentally a company rep CAN represent the company in court as they do it all the time... they are granted that authority by the company. They won't be doing it on their own initiative.

odinn7 · Apr 19, 2013, 11:44 AM

Originally Posted by smoothy

And incidently a company rep CAN represent the company in court as they do it all the time....they are granted that authority by the company. They won't be doing it on their own initiative.

Thank you... Apparently our "lawyer" friend isn't aware of this.

sleepingless · Apr 19, 2013, 11:45 AM

Originally Posted by odinn7

Revenge is the only option....that's ludicrous. Revenge for what? For the OP not calling off in time? For their tech to show up at the OPs door? For them to follow company procedure? Revenge....you talk like a child.

I don't see where anyone in this thread said we had money to give away....and to even post that sentence as a point of argument makes no sense whatsoever.

The OP did call them this is the point of concern. The first thing I do every morning is check the machine. Finalize my schedule and only then does my day begin, fact is if this company actually focused on the service they provide the problem would have never happened. Furthermore the comment of free money IE your free money was a point that should have concreted the message that this is exactly what this company expects now FREE money and I would not give it to them not freely anyway.

odinn7 · Apr 19, 2013, 11:48 AM

The OP called them the night before, when they were closed... their policy probably states 24 hours minimum as I am sure they are like other install companies that send out sub-contractors... but then, you already know all this.

smoothy · Apr 19, 2013, 11:48 AM

Originally Posted by sleepingless

The OP did call them this is the point of concern. The first thing I do each and every morning is check the machine. Finalize my schedule and only then does my day begin, fact is if this company actually focused on the service they provide the problem would have never happened. Furthermore the comment of free money IE your free money was a point that should have concreted the message that this is exactly what this company expects now FREE money and I would not give it to them not freely anyway.

THey will win a case against someone using your tactics... and not only that.. they will get a Judgement.. and a writ of garnishment to go after your accounts to satisfy the debt... which by this time will inlude late fees.. interest... and legal fees... and be far higher than the oriiginal bill... and they can collect this debt many, many years from now... and for what?

sleepingless · Apr 19, 2013, 11:51 AM

Originally Posted by smoothy

Not to mention they (the person refusing to pay a legit bill) is going to incure extra fees, and charges...and have a collection on their credit history, If you have that on your credit history no real bank is going to loan you ANY money....and a bad credit negatively effects even what you pay for insurance....

The OP needs to suck it up and pay it because nothing good for them will result if they don't. Consider it an expensive lesson..

And incidently a company rep CAN represent the company in court as they do it all the time....they are granted that authority by the company. They won't be doing it on their own initiative.

Once in the system no extra fees can be attached. This is a small claims matter, the default of ownership applies if a rep is sent the case is dismissed.