QUESTION

Is it legal for a company to debit a card on a date that was not previously agreed upon, for an amount not previously discussed?

Asked on Apr 04th, 2014 on Contracts - Florida
More details to this question:
I have received slip shod service from a local landscaping company. I faithfully paid every month on an auto debit. The service was so horrible that I just had to cancel the annual contract. I attemted at least a dozen times to call and resolve the issues. No one ever answered the phone at their store, so I would have to have to leave work in order to speak to someone. After leaving numerous phone messages, I finally decided to sever the contract. I wrote a thorough letter explaining everything.. I even have photos of the sloppy work they had done. My understanding was they have a 25% surcharge fee to break the contract. I thought the fee was based on the remaining balance, turns out it is for the annual amount.. the amount I thought was $180, the actual amount they want is for $540. I asked them to debit $180 April 4th to end the contract, and they have come back with $540 on April 7th. I received an email to this.. What are my options as I am refusing to pay.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
The issue here is the " I thought that..." There is an obvious lack of clarity in the communications and that makes things messy. However, if you can show conlcusively that you only auhtorized 180.00 and they submitted 540.00, you may have an FCCPA lawsuit where they may owe you $1,000.00 and have to pay for your legal fees. If you have questions about how we can help, you can always call our office to arrange for a FREE conference at 1-800-922-6442.
Answered on Apr 06th, 2014 at 3:57 PM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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