My question involves collection proceedings in the State of: North Dakota
I am writing to ask where I stand on the following issue. Basically, I need to know if I am doing the right thing and if there is something else that I need to be doing.
I had a contractor come to my home to give me an estimate on repairs. He claimed that he could not give a written estimate because "these things are tricky." I replied that I needed to have at least an idea of what we were talking about to see if I could afford the work. He remarked that he was thinking around X amount, just a certain amount per hour for about X number of hours and materials. He also stated that he would let me know if there were any unexpected repairs such as structural damage before repairing them, but it certainly wouldn't be over XX amount.
The contractor quickly completed the repairs and left me a bill for just arely under XX amount. The bill simply stated "repair."
This amount seemed outrageous to me - this bill was 3X was he state for hours and total amount - and there were no unexpected repairs and the repair went quickly. I called and asked for an itemized statement (voice mail) and asked him to call me. He did not call, but I recieved a second bill that itemized "labor, materials, garbage removal, and floor coverings." I felt this wasn't right because he stated "labor and materials" only in our agreement. The floor coverings were blankets (they were left in my house overnight) - if I was paying for floor coverings that could be used again, I think perhaps I should own them and have possession! The billing had no phone number on them and I could not locate the contractor's number (it is unlisted or just a cell aparently). I wrote him a letter.
The letter stated that I tried to contact him. I then stated some of my concerns with the bill and asked for receipts for materials, garbage removal, and floor coverings. I also asked him to call me. I included a partial payment of good faith with the letter.
When he did call, he was very argumentative. The result of the conversation was that he did not feel it was worth his time and effort to get together receipts that he had already filed away (this was two weeks after the completion). He was upset that I didn't trust him. He said that I could pay half if that would make me happy. He also said that I didn't just pay for labor for the actual job, but also for drive-time to get materials.
I wrote another letter per our conversation and included payment for a little over half with "final payment" written in the memo. He did not cash the check and I did not hear from him until over a month later when he stated he did not accept payment. He wanted the full amount and he said he had gotten his "credit card receipts" together but if I wanted to see them I was going to have to pay for his time - $XXX.
I told him I had given him final payment per our agreement. I contacted the Better Business Bureau and they attempted mediation. He did accept mediation and the letter he wrote to them is riddled with lies.
The contractor called me to ask if I was going to pay. I said I already did. He said he would send me to collections. I received a letter from collections and I have prepare a letter of dispute.
My questions:
Do I have a leg to stand on?
What items of proof should I be trying to gather?
Does the collection agency need a contract signed by me to enforce debt collection?
Does he have the right to charge me to view his receipts?
Does he have the right to charge me for drive-time to buy materials?
Do credit card receipts count as actual receipts of payment for materials? In my book they do not. I want to see sales receipts.
When disputing the charge do I ever disclose information such as the letters I wrote to him or my story to the collection agency?
Thanks so much for your time!!!

