stop check for lack of service

[happybabby]

What is the name of your state (only U.S. law)? California

I hired a chimney sweep company to clean chimney 12/21/09. Paid day of service with check. Chimney was still clogged that evening. 12/22 Called company was told service that day, no service, 12/23 called company, told service that day, no service ,canceled check. 12/24 spoke to manager, he stated full refund, I told him canceled check. He hung up on me, I called back and asked for service to be completed. He told me his company could not help me. Christmas 12/25/09 No fireplace. 12/30 I received email from manager: "Due to weather conditions and the short holiday week, we were not able to return and access the rooftop during the next several days. You put a stop payment on the check on the 22nd, the very next day when we were unable to return within 24 hours. This illegal, unreasonable and unacceptable. The stopped check incurs a $35.00 bank fee charge to Alpine Stove. I will reduce our original invoice charge to $95.00 to reflect cleaning the flue but not reaching the chimney cap. I am adding a $35.00 charge for the bank fee. This invoice will be turned over to collections on January 11th, 10 days from the date of this communication.

What should I do?

 

[swalsh411]

You canceled the check 2 days after service? The manager was right; that is not reasonable. You will probably spend a lot more time and frustration dealing with this if they sell it to a collection agency and then you still don't pay and it ends up on your credit report.

Do you want them to service your chimney or not?

 

[happybabby]

Stopped check

Thanks for your response. Yes I wanted them to service the chimney.The fireplace was my only source of heat. However I waited 3 days, each day being promised same day service. I canceled the check on the 23, however, the manager stated a full refund. In addition he state that he could not help me, would not be returning to my house, and to call another company. I did call another company, they serviced and fixed the problem 12/28. The chimney cap and pipe were still completely clogged.

 

[ShyCat]

I canceled the check on the 23, however, the manager stated a full refund.

And by doing so, instead of allowing him to issue a full refund, you cost him an additional $35. That was unnecessary and unreasonable.

And you had a lot of nerve asking for service to be completed after telling him you had cancelled the check. No wonder he refused to do any more work for you. Unreasonable clients are not worth the aggravation, and non-paying ones are to be avoided at all costs.

 

[swalsh411]

I didn't get from your first post that you had another company come out and complete the service and so now you don't need them.

At this point, if you decide you don't owe them anything, they could sue you for the amount of the original service (doubtful since the manager did say full refund). Like with anything else that goes to smalls claims court, whoever has the preponderance of evidence will likely win. I highly doubt they are going to go after you for the returned check fee. They will probably just put you on a list of homes to never service again.

If your conscience is nagging at you, you could pay them the $35.