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Limitations of verbal agreement in TX

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TXguy32

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?TX

In Nov of 2003, I had my vehicle repaired at a shop in TX. Upon completion of the repairs I was informed of the total bill, and arrangements were made for me to pay $XXX per month until it was paid off.

Within 60 days, the repair work that was claimed to be done started to fall apart, and the shop declined to honor any part/labor warranties. This caused me to spend an additional $900+ to have the car repaired a second time. During this time, I made serveral requests for a work invoice for the work that was done, along with a total for labor, parts, etc. This was never provided to me at any time including the time I picked up my vehicle in Nov 2003.

Due to this, I informed the shop that if I was not provided a written work order for the work done along with labor prices, parts installed, etc., that I would not pay the bill until such a time one was presented. The last contact that I had with the shop was in May 2004, again asking for the invoice for the work performed.

Yesterday, the shop contacted me by e-mail demanding payment for the repair work and parts, but still do not have a bill or invoice to prove what work was done. I explained to the shop owner that I would not pay the bill since:

A) One was never sent to me at any time including the time I picked up my vehicle

B) They were now attempting to inflate the actual price I was told in Nov 2003

C) I never signed any work orders or any paperwork either before during or after the repair work was done. Due to this they cannot even claim a mechanics lien, which they claimed they could.

D) That my vehicle was damaged at their shop (which they stated they did in an e-mail) and they refused to ever pay for the repair work.

D) It was now 1.5 years after the car was repaired and NO effort by the shop was made to send me an invoice or repair the damages to my vehicle.

Here is my question:


Plainly put, since they had 1.5 years to attempt to collect on a repair bill that they cannot produce, so am I stuck, or do I just go tell them to go **** in the wind?

Do they have a leg to stand on in court with a verbal agreement since nothing was ever signed or produced?

Can they still attempt to collect on something 1.5 years after the fact for which they cannot produce any invoices?

When I paid the shop 2x (Dec/Jan 2003 and 2004) over the phone the $XXX per month as agreed, did this signify I accepted and agreed to the work and the total price? I never received the credit card/debit card receipts, so again, nothing was ever signed by me.

I would like to note, I have documentation on all correspondance with this shop in e-mail form.

Any thoughts or ideas?


Thanks,

Mike
 


TXguy32

Junior Member
I am sure the shop can try to sue me in JP or local county court, but what are the chances of them winning w/o being able to produce anything?

Nothing signed. Verbal only. No documentation on her part, just multiple e-mails and such from me requesting to reslove this issues like adults. 14 months is along time to wait, and even then, to get fabricated amounts w/o proof is hard to swallow....

Meanwhile, I am not trying to sue her for damages to my vehicle, I just want the issue droped since the cost of damages and addtl repairs I had to pay were $500 more then the original repair bill. If it goes to court, I do have documentation from them accepting responsibility for some of the damage...


:|
 
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