[LittleLady]

I am in a dispute with a Virginia florist for flowers for a funeral.
The florist charged my credit card hundreds of dollars more than I told her I could spend.

She never called me with the final amt of the order as she had said she would...I never signed anything nor did I agree to any amount other than what I had told her was the amt. of my budget.

I have put a 'hold' on the charge with my credit card.

She is threatening to take me to court, even as I have repeatedly told her that I will pay a competitive price for the flowers which she had provided. (I visited three florists and got estimates for arrangements similar to those that she had provided. She was four times the least expensive and twice the most expensive estimate I'd received.)

I am planning to write a her a letter stating the facts of our ordering, etc, repeating my desire to pay a fair price for services rendered.

Can someone tell me where I stand in this matter?

(The credit card dispute person I spoke with opined that she may have charged someone else's flowers to my acct. as there are two separate charges, not one, that she placed.)

Thany you.

[aaron]

If you only authorized one charge and not two, you are in a strong position to dispute the second charge. At the same time, the florist may contend (particularly in the absence of a writing) that you authorized both charges.

The lack of a written contract or estimate is problematic - for both her and for you. You should obtain written estimates from the four florists, in case this ends up in small claims court. If you think this will end up in litigation, you should consider trying to get notarized statements from the florists, or seeing if you can get at least one to agree to testify on your behalf as a witness.

[LittleLady]

Thank you for your speedy answer.

The one florist in the same town I spoke with would not give me anything in writing as she said this person is well known for her retaliating when she is crossed.

I am finding out that she is well-known in this town for just this type of behavior.....that she takes people frequently to court on these types of matters.

The fact that she was to notify me before charging my card...and did not..and has not yet given me a statement of charges....does this not support my case?

Also...what is your thought about writing the letter? A police officer friend of mine suggested doing this as a way to document my desire to pay a fair amount.

[aaron]

I can't give you specific advice.

As I previously indicated, the lack of a writing in a sense hurts both of you. You claim she was supposed to contact you before making any charges; she will likely dispute that.

You may wish to look into your state's consumer laws and, if you are sued and assuming you can find a basis for a claim, file a counter-complaint under those laws.

[LittleLady]

Thank you, aaron.

I contacted the Va Office of Consumer Affairs which has taken this case for investigation.

LittleLady

[DaveBis]

Well, the issue of a lack of a contract may be circumvented by her filing a claim for quantum meruit, aka unjust enrichment, but most small businesses are not that savy.

[aaron]

A claim for "quantum meruit" (amount merited) would usually result in an award to the successful claimaint for the market value of the goods or services provided. Here, the problem seems to be that the florist wants substantially more than market value.