My question involves collection proceedings in the State of: UTAH
I have a question, or two, that I hope you experts can help me with.
I recently called a company to repair my fridge. They came out and gave me a price of $350. This was to repair my business fridge (I own a restaurant, but this unit is at my home) and I was calling on behalf of my Utah registered LLC.
I agreed to this and repairs were started. They were not able to repair my Fridge, in fact they actually made it stop working at all. They attempted to repair THREE times and after the third attempt the technician (who is also a part owner of the company) told me that;
- he did not know what was wrong,
- he had never seen this type of fridge before,
- that I would not be charged for their ‘attempted’ the repair.
These statements were RECORDED by me (as I had an uneasy feeling, so choose to record what was happening).
I subsequently found out (from the manufacturer) that they used the wrong parts, and likely caused more damage to the electrical system and a complete failure because of this.
About a month later I get a bill for $350. I called and spoke with the main owner and was told , “You never asked us to repair your Fridge, you asked us to fit a specific part and so you owe us $350”
Now I have received a letter from a Collection agency , and claim I owe them $800. They are also perusing this against me personally and not my business.
To clarify the situation;
- Since I never signed ANY paperwork or contract.
- This was a business transaction.
- I never agreed, verbally or in writing, to guarantee any part of this transaction personally.
- The company admitted, initially, that they failed and would not charge.
- I have a copy of the bill for $350, that I received AFTER they agreed not to charge me.
I have already responded to the Collection agency asking for Validation/Verification.
My questions are;
- In the absence of a written contract can the collection agency elect peruse this against me personally? Instead or my business?
- Can I instruct the collection agency that this was a business transaction and therefore they are perusing this wrongly? (How do I word such an instruction to force them?)
- Since the company admits they have not successfully repaired my unit, is there no protection for me against them changing their mind. How do I inform the collection agency of this ?
- Can the collection agency add $450 extra to the bill (I assume they are adding fees/interest) . I never agreed to any fees or interest at any time.
Many thanks for your time in reading this and for any suggestions, advised or answers you might have.
Thanks again
M

