WWYD:Landscaper performing unrequested services, threatening collection agency

[daisyd]

Our experience with this landscaping company has not been good from the get go. On day 1, at spring clean up last year the workers mulched beds that we didnt want touched. DH told them not to, but they spoke very little English and it seemed that we couldnt get across to them. In the fall last year, we decided to employ a handyman for fall clean up and gutter cleaning. This company ended up cleaning the gutters the day after the handyman cleaned the gutters! We took this up with them, they apologized said they'd accept half the payment and "credit" us the other half for the next year. I didn't want anything to do with this company at that point but DH is soft hearted and wanted to give them a second chance. Fast forward to this year, we had a biweekly mowing (verbal) agreement. We live in a HCOL area and have a few acres to mow which means a big bill. On three occasions they mowed more often, which we followed up with them and they were defensive but agreed to reduce charges. In the middle of mowing season, one of our neighbors canceled his contract with them and so the company said they no longer wanted to provide services to us. At this point we were more than happy to have them go. Of course we had to scramble to get another landscaper at short notice.

Last weekend, after we got a handyman to clean the gutters again our surveillance system showed an unknown roofing company on our property. We found out that the old landscaper who had said he couldnt provide services anymore had asked this company to clean the gutters. The old landscaper maintains that DH had asked for gutter cleaning on the phone (DH says he'd said "I'll let you know if I need it") and that he wouldn't have performed the service if it had not been requested. In an extremely unpleasant conversation, he said if we didn't pay his bill, he'd get the collection agency after us and go to civil court. I pointed out that he had performed an unrequested service last year which they had acknowledged and documented in an email. I also said that I would go to the better business bureau and file my own court complaint. Then he said I could "keep the money I should have paid him" and ended the call. Now, I'm wondering if he will honor that or create trouble. Do I just wait and watch?What can I do to protect myself? Any advice is much appreciated.

[westwoodmom04]

Write him a letter documenting everything in your post, be sure to keep a copy. Tell him that you will not pay for services you did not request and will open a complaint with the Better Business Bureau if he continues to seek payment. A collection agency can not handle disputed bills. I would only communicate with him in writing from now on, so that you have a record of your position.

By the way, this type of behavior isn't uncommon. I fired my last landscaper because he keep trying to clean our gutters and charge us for it, even when I repeatedly told him not to, and even when they were already clean, because we have a different company that provides that service. He was native born, so there wasn't any possiblility of language related difficulties.

[daisyd]

Thanks so much for chiming in and sharing your experience. I'll write a letter to him and communicate via writing from now on. Didn't know that disputed bills cant be handled by a collection agency and I hadnt realized that this happens quite a bit.

[Kestrel]

Just a thought - my understanding is that disputed bills can't be collected; but they have to be disputed _in Writing_.

[BunnyBee]

Send a letter. Keep it short. We did not authorize you to perform the gutter cleaning service. Do not trespass on my property. Do not contact us again via telephone. If you have additional questions, address them in writing to...

[TwinFoxes]

He'd have to take you to small claims court. Dollars to donuts he wouldn't show. I think the only thing you'd have to do is show proof that you had your gutters cleaned the day before, and the judge would rule in your favor. What exactly did he "clean"? A professional would take one look and know it didn't need cleaning, thus he had no contract to clean them. He has zero proof that you had any sort of contract, verbal or otherwise (as they say on TV court shows, there was "no meeting of the minds" which has to exist for there to be a contract). He's trying to scam you.

[daisyd]

Thanks guys, I was thinking of letting this drop, but now I will follow through with a letter. Our surveillance cameras show that this company was on our property for under 10 minutes. It also shows that someone else we actually hired cleaned the gutters the day before. Your input is much appreciated!