Collection Agencies - Help!!! Is anyone well versed in contract law? - Canada

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RE: Help!!! Is anyone well versed in contract law?

Postby pabloottawa » Tue Sep 14, 2010 01:01:16 PM

I agree,

I just sent them an email telling them to "prove it" and until then. don't contact me at all.

They have not responded.
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RE: Help!!! Is anyone well versed in contract law?

Postby average_joe » Tue Sep 14, 2010 12:47:53 PM

I would send a copy of the letter you gave the contractor to the collection agecny.If you wrote in the letter I trust that this matter is closed, then the contractor should of not cashed the cheque because he is acknowledging the amount and the acount is now closed.
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RE: Help!!! Is anyone well versed in contract law?

Postby pabloottawa » Tue Sep 14, 2010 12:44:09 PM

Yes and I didn't even sign anything.
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RE: Help!!! Is anyone well versed in contract law?

Postby average_joe » Tue Sep 14, 2010 12:42:10 PM

Is there a collection agency coming after you?

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RE: Help!!! Is anyone well versed in contract law?

Postby pabloottawa » Tue Sep 14, 2010 12:33:15 PM

Thanks for the support Joe,

Question. What kind of proof does a collection agancy need to legally collect????
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RE: Help!!! Is anyone well versed in contract law?

Postby average_joe » Thu Sep 09, 2010 11:32:40 AM

I think you will be fine.The contractor knew he was ripping you off and the money you gave him was the correct amount for the job.
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RE: Help!!! Is anyone well versed in contract law?

Postby pabloottawa » Thu Sep 09, 2010 09:56:10 AM

Hi Average Joe,

Thanks for your reply

The letter was very detailed in it's nature but here is the final paragraph that I had in the letter I sent to the plumber.

In order for a contract to be valid there must be an offer made by the contractor and an acceptance made by the client. I accepted the offer under the impression that the work would be complete. In the beginning I was made to feel that the amount on the invoice covered all the work that needed to be done when clearly this was not the case. Therefore this agreement is not valid. I am hereby amending invoice no. 61366 to reflect a fair amount of time to do the work that WAS done and the time lost in the process of finding and paying another contractor to finish the work that was not done.

Enclosed you will find a cheque in the amount 1517.08

I trust that this matter is closed.

Sincerely,

XXXXX
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RE: Help!!! Is anyone well versed in contract law?

Postby average_joe » Thu Sep 09, 2010 09:41:17 AM

Did you put in the memo section of the cheque full and final payment or something to that affect?

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RE: Help!!! Is anyone well versed in contract law?

Postby pabloottawa » Thu Sep 09, 2010 08:55:05 AM

Guys can anyone help??? Please......

BUMP
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Help!!! Is anyone well versed in contract law?

Postby pabloottawa » Wed Sep 08, 2010 03:40:09 PM

Hi all,

Just wondering if someone can please give me their professional opinion on this matter. To make a long story short here are the basic details.

Needed some plumbing work done, called XXX plumber.
Plumber came in and we discussed my needs. He took note of all the material he would need and reassured me that all my needs would be met.

Plumber returned with a helper the next day to do the work. Started at 9:15 and APPARENTLY ended at 8:15

2 days later I received an invoice reflecting a labour cost of almost $1000.00 reflecting 11 hours worth of work. Total on the invoice came out to over 1700.00

Went to check on the work with my general contractor and the work had not been completed. Parts were missing and rough ins that were needed for the general contractor to finish his end of the renovations had not been done. Furthermore, my contractor was extremely surprised that the work he saw took 11 hours for 2 people to complete. His exact words were "11 hours? that's bull$hit."

I sent a letter to XXX plumber explaining that I did not feel the hours worked reflected the work done and gave them a reduced cheque to reflect what I felt was a much fairer amount, a difference of $207.85

My question is; since nothing was signed prior to the work being done and no formal estimate was given verbally or in writing and since XXX plumber already cashed the cheque doesn't that constitute offer and acceptance???? And, since they accepted my counter offer by cashing the cheque, can they come after me for the remainder of the balance? I feel like they can't since acceptance has already been implied by cashing the cheque but I'd like to know if anyone here can help me out.

I really feel like they tried to rip me off and I really want to settle this out of court but on principle, I refuse to let these thieves think they can strong arm me by getting a collections agency to send a threatening letter.

Any input would be greatly appreciated.

Thanks for reading

Pablo
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