Can I be sent to collections in this way?

[JSJS]

Jurisdiction

Utah

I recently had ServPro come and help with some water in my basement. After the job was done, they had charged me waaay more than they should have, so I asked them to fix a few things on the bill. We've been going back and forth for a few months now, and they have agreed to remove several charges from the bill. However, In their most recent email they told me that I have to accept what they're charging me as is, and if I don't, they'll send me to collections, except some of the things they've taken off the bill will be added back on when they send it to collections.

My question is: Are they allowed add things back onto my bill that we've already agreed shouldn't have been on the bill, and then send that to collections? I still have other disputes with the bill that I'd like to discuss, but I don't want to get sent to collections just for asking

 

[army judge]

My question is: Are they allowed add things back onto my bill that we've already agreed shouldn't have been on the bill, and then send that to collections?

Maybe, maybe not, you'll need to read the contract you signed to discover if what you fear has previously been accepted via the contract you signed authorizing the work.

 

[JSJS]

Maybe, maybe not, you'll need to read the contract you signed to discover if what you fear has previously been accepted via the contract you signed authorizing the work.

The contract was nonspecific about the details of the job or the amount I would be paying, only that I authorize some work to be done, and that I would pay for it if my insurance wouldn't (which they won't).

 

[mightymoose]

Are they allowed add things back onto my bill that we've already agreed shouldn't have been on the bill,

They are allowed to bill you for any work that was actually performed. If they didn't do it then there is no reason you should pay for it.

 

[army judge]

The contract was nonspecific about the details of the job or the amount I would be paying, only that I authorize some work to be done, and that I would pay for it if my insurance wouldn't (which they won't).

Your response tells me that the contractor gave themselves a great deal of wiggle room to bill their marks, rather their customers for any work done that the insurer doesn't reimburse the contractor for doing.

 

[Zigner]

My question is: Are they allowed add things back onto my bill that we've already agreed shouldn't have been on the bill, and then send that to collections?

To answer this, specifically: Yes. You are negotiating with them. If those negotiations break down, they can go back to the original billing.

 

[adjusterjack]

I dealt with companies like Servpro for many years. They are expensive because they perform emergency services, like calling a plumber on a Sunday.

I still have other disputes with the bill that I'd like to discuss, but I don't want to get sent to collections just for asking

Then pay what you think you owe. Holding the entire amount hostage doesn't give you any leverage. In fact, it works against you since they have collection agencies on speed dial.

Here's how it works. If the bill is $5000 and they are willing to take off $500 but you think there's another $500 to discuss, pay $4000, thank them in writing for taking off the $500 and point out your dispute (also in writing) of the remaining $500 and invite them to discuss it.

My guess is that they won't be hiring a collection agency for the remaining $500 knowing that the collection agency will get a good part of it.

And I agree with Zigner's comment.

 

[zddoodah]

After the job was done, they had charged me waaay more than they should have

What does that mean? Who's to say what the company "should have" charged?

Are they allowed add things back onto my bill that we've already agreed shouldn't have been on the bill, and then send that to collections?

Yes.

The contract was nonspecific about . . . the amount I would be paying, only that . . . I would pay for it

Then there probably was no contract, which means the service company is entitled to be paid whatever is considered a "reasonable" price for services performed in your community. If you cannot come to an agreement regarding that amount, then the company can take all legal measures to attempt to collect, including suing you.

 

[JSJS]

Here's how it works. If the bill is $5000 and they are willing to take off $500 but you think there's another $500 to discuss, pay $4000, thank them in writing for taking off the $500 and point out your dispute (also in writing) of the remaining $500 and invite them to discuss it.

That makes sense. I haven't paid anything yet because I figured that the bill should be paid in full once we've come to an agreement. I might try this approach

What does that mean? Who's to say what the company "should have" charged?

Well, that's what the dispute is about. I asked for a quote before they started, but they told me they don't work that way. "Should have" is obviously a matter of opinion, but to put things in perspective, even the amount they're threatening to send me to collections for right now is only 38% of what the original bill was. They've agreed that they had overcharged me in several instances.

 

[adjusterjack]

If you would like the opinion of a retired claims adjuster who has dealt with restoration companies in the past, I invite you to upload a copy of your itemized invoice (redacting any identifying information), explain what you dispute and explain what items have been adjusted.