Consumer Law, Warranties Billing for services not rendered...breach of contract?

[kentuckycuz]

I'm being billed by a air conditioning company for cancelling a "service" -- they didn't say "contract". Two diff techs (one of which didn't listen to anything I said) told me that I needed a new air compressor. After I got a few estimates, I called the guy and talked him down on the price some and told him to go ahead and order it. I did request that the last tech not be the one to come out b/c he didn't do what I asked him to do (check for a specific thing) and he said that he'd send someone else. The last thing I said to him was for him to call me when it came in (it had to be ordered). Afterwards, I talked to an electrician friend who said that their diagnosis didn't make sense and he thought it was something else. I tried calling the first company but it was July 3rd after business hours. Closed on the 4th for the holiday, then closed next two days b/c it was the weekend. I was going to call first thing Monday morning and cancel but the guy showed up at 8:45 (they don't open until 9:00) and I told him that I wanted to wait until I got a 2nd opinion. He said that he would tell the company what I said and he left. I called a diff company for a 2nd opinion. They came out. Turns out it wasn't a bad compressor, it was a simple blockage. Then, I get a bill from the first company charging me for an hour and a half labor plus a hefty charge for a "restocking" of the compressor.

I haven't called the company yet to dispute it b/c I wanted to know where I stood beforehand. I don't think I should have to pay it b/c they misdiagnosed it in the first place. Besides, the last thing I said to him was to call me when the compressor came in, and he didn't. They just showed up. And, he sent the same tech out ... the one that I asked him not to send again.

 

[lwpat]

They can put it on your credit report or sue you in small claims. Sounds like you have an excellent defense and I doubt they would win in court. I would write them a letter CRRR explaning why you are not going to pay. It was their negligence that caused the problem, not yours.