Customer refuses to pay because of email

[landscapeexpert]

What is the name of your state? FL

I’ll try to keep this brief with only the basic facts. I have a landscaping service and many regular customers who get weekly service and are billed monthly. One of my customers emailed a message to my office that he no longer wanted my service. My receptionist did not do what she should have done with the request, and this customer’s property continued to be serviced for the next 5 weeks. The error was only discovered because of non-payment.

Is there any way I can legally collect from this guy? He refuses to pay because of the email request which we found so he is not lying. But he continued to accept my service without notifying me again that he cancelled. Didn’t he have responsibility to let me know again after seeing that his property was being serviced for the next 5 weeks? He is now claiming that it was my negligence and that my service was a “gift”. Obviously he is just taking advantage.

 

[Silverplum]

What is the name of your state? FL

I’ll try to keep this brief with only the basic facts. I have a landscaping service and many regular customers who get weekly service and are billed monthly. One of my customers emailed a message to my office that he no longer wanted my service. My receptionist did not do what she should have done with the request, and this customer’s property continued to be serviced for the next 5 weeks. The error was only discovered because of non-payment.
Is there any way I can legally collect from this guy? He refuses to pay because of the email request which we found so he is not lying. But he continued to accept my service without notifying me again that he cancelled. Didn’t he have responsibility to let me know again after seeing that his property was being serviced for the next 5 weeks? He is now claiming that it was my negligence and that my service was a “gift”. Obviously he is just taking advantage.

And obviously you need to speak to your receptionist. WHOSE FAULT is this, really? Not the customer's -- he notified your company that he did not want your services.

 

[landscapeexpert]

And obviously you need to speak to your receptionist. WHOSE FAULT is this, really? Not the customer's -- he notified your company that he did not want your services.

I am not disputing that he notified my company or that my receptionist made a mistake. Are you saying that this guy can legally take a service without having to pay? It's not like he sent more emails after he received more service. He knew there was a mistake and he happily took advantage of it. Now he's hiding behind his one and only email.

 

[VeronicaLodge]

he did not ask for your service after he canceled it, you technically were trespassing. look at it this way, if he never had service with you and you just randomly mowed someone's lawn, would you expect they should have to pay for it? i mean they didn't ask for it but it was done and they shouldn't get to benefit form your error right?

ask the receptionist to pay for it.

i have 5 acres and use a service, and honestly i cant always tell if they've been out. unless its during a very rainy and sunny time of year and the grass is tall, sometimes its not, but they still come out and i only notice because of the edging by the sidewalk. if they weren't expecting you to do it, because the canceled, they may not have noticed.

 

[Silverplum]

I am not disputing that he notified my company or that my receptionist made a mistake. Are you saying that this guy can legally take a service without having to pay? It's not like he sent more emails after he received more service. He knew there was a mistake and he happily took advantage of it. Now he's hiding behind his one and only email.

That's what I'm saying.

 

[landscapeexpert]

he did not ask for your service after he canceled it, you technically were trespassing. look at it this way, if he never had service with you and you just randomly mowed someone's lawn, would you expect they should have to pay for it? i mean they didn't ask for it but it was done and they shouldn't get to benefit form your error right?

ask the receptionist to pay for it.

i have 5 acres and use a service, and honestly i cant always tell if they've been out. unless its during a very rainy and sunny time of year and the grass is tall, sometimes its not, but they still come out and i only notice because of the edging by the sidewalk. if they weren't expecting you to do it, because the canceled, they may not have noticed.

Nope this guy knew exactly what he was doing. He sat there and drank a beer while watching us and even had one of my guys redo an area during one weekend. He had a sound of glee in his voice when he told me to shove off. There is no question that he knew a mistake had been made and took full advantage of it. I can't believe there is nothing I can legally do.

Thanks anyway.

 

[Zigner]

Nope this guy knew exactly what he was doing. He sat there and drank a beer while watching us and even had one of my guys redo an area during one weekend. He had a sound of glee in his voice when he told me to shove off. There is no question that he knew a mistake had been made and took full advantage of it. I can't believe there is nothing I can legally do.

Thanks anyway.

You acknowledge that he gave you proper notice. You acknowledge that YOU screwed up (from the former customer's point of view). Now you want HIM to pay for it?

I am, quite honestly, amazed that this question even enters the mind of an ethical business person.

 

[Silverplum]

Nope this guy knew exactly what he was doing. He sat there and drank a beer while watching us and even had one of my guys redo an area during one weekend. He had a sound of glee in his voice when he told me to shove off. There is no question that he knew a mistake had been made and took full advantage of it. I can't believe there is nothing I can legally do.

Thanks anyway.

And isn't that what YOU'RE also trying to do? Your company made a mistake, you're trying to take money for it. Your company made a mistake, he's gotten something for free.

Either way, it was YOUR company that made the mistake. You pay.

 

[>Charlotte<]

Either way, it was YOUR company that made the mistake. You pay.

That's it in a nutshell, OP. Your company made the mistake, and the customer is not responsible for correcting your mistakes.

 

[VeronicaLodge]

Nope this guy knew exactly what he was doing. He sat there and drank a beer while watching us and even had one of my guys redo an area during one weekend. He had a sound of glee in his voice when he told me to shove off. There is no question that he knew a mistake had been made and took full advantage of it. I can't believe there is nothing I can legally do.

Thanks anyway.

you can legally ask your receptionist to pay for her mistake.

 

[mlane58]

you can legally ask your receptionist to pay for her mistake.

They can ask, but she doesn't have to unless the employer takes her to court and wins.

 

[VeronicaLodge]

They can ask, but she doesn't have to unless the employer takes her to court and wins.

thats why i said "ask"

 

[tranquility]

Unless you have a written contract listing the way to stop service, and e-mail was not one of them, you probably don't have a contract with the guy and you cannot collect your normal rate. I'm not sure if an unreplied e-mail is a reasonable basis for ending a continuing contract, but it appears many other posters feel it is and I'm not going to make a fuss on the point.

However, there is a possibility of a quasi-contractual remedy in that the person knew you would want to be paid for services, he saw you performing the services and did not try to stop you. This qualifies you for recovery in quantum meruit or the value of the services. (Which will be less than you normal rate.)

Obviously, the third leg is problematical. He will argue he did try to stop you by sending the e-mail. You will argue that there was a miscommunication and that he willingly accepted services. I think this is directly out of the law books on quasi-contract (except for the case books always talk about building a wall of some sort) and you have a good chance. I'd try to negotiate with him for some amount and then, if you can't come to agreement and feel it worth your while, sue small claims on the contract and have a backup theory of quasi-contract.

 

[xylene]

Back To Basics

You would LOSE if you tried to sue your employee.

Tranquility raises all the valid arguement. I tend to agree that an email may not be sufficient notice. What does your contract call for?

Here are my ideas.

1) Move to a system of pay before service rendered, and only bill for any additional charges.

2) Formalize the cancellation procedure in the contract. Set a minimum time and terms (ie in writing...)

3) Invest in some business automation software.

 

[BoredAtty]

However, there is a possibility of a quasi-contractual remedy in that the person knew you would want to be paid for services, he saw you performing the services and did not try to stop you. This qualifies you for recovery in quantum meruit or the value of the services. (Which will be less than you normal rate.)

I agree with you and disagree with the other posters. It's textbook quantum meruit.