Cancelling an oral contract made over the phone

[stuntweasel]

What is the name of your state? Pennsylvania

Back on 8/28/03, I entered in an oral contract over the phone with a computer repair service to fix my computer on 8/29/03. When I returned home from work that night, I discovered that another member of my household had already gotten the computer repaired during the day without my knowledge.

Naturally, I called the company back that same night (8/28) and left a message explaining what had happened and indicated that I wished to cancel the appointment (my caller ID showed that they called back later that evening, so I know they got my message).

The serviceman showed up the next day anyway when no one was home, and left an invoice (hidden under a doormat) for one hour of service, claiming that he had explained over the phone that I could not cancel and that I demonstrated understanding by giving him my credit card info (not true, I was told that payment info was required to set the appointment, nothing else).

After a lengthy credit card dispute, the company is now threatening a lawsuit for nonpayment.

My questions are:
1) Is this a valid contract since there was clearly not a meeting of the minds on important points (cancellation) and nothing is in writing?
2) Is the contract void since an event totally beyond my control (another member of my household taking the computer to be fixed without my knowledge) made it impossible for the terms of the contract (repairing my computer) to be fulfilled.

 

[JETX]

"1) Is this a valid contract since there was clearly not a meeting of the minds on important points (cancellation) and nothing is in writing?"
*** Your assumption that there was NOT a 'meeting of the minds' is not correct. The contract was to provide a repair service. You contracted for it. Based on the information in your post, you DID have a valid contract.

Now, the question becomes whether they have the ability to prove that a contracted existed, and since they have your credit card number, that should be sufficient to prove your acceptance of their repair 'contract'.

"2) Is the contract void since an event totally beyond my control (another member of my household taking the computer to be fixed without my knowledge) made it impossible for the terms of the contract (repairing my computer) to be fulfilled."
*** No. And that WAS within your control. All you had to do was to tell the other person to not touch or repair your computer.

Bottom line.... since they are apparently adamant about pursuing this (at least to threaten legal action), I would suggest you negotiate some type of agreement with them to resolve the dispute..... before it gets to litigation.

 

[stuntweasel]

Thank you for the insight, JETX.

I still take issue however, with the idea that someone else fixing the computer was something that was within my control. I made the appointment with the computer service while at work on the day the computer was broken, and when I returned home that evening, the computer had already been fixed - without my knowledge - by someone else. I was not informed of this, did not approve of it, and had no reason to expect it (to my knowledge, I was the only person who knew the computer was broken). Is it really my legal responsiblity to be able to predict the actions of another person just because they live in the same household?

As far as the meeting of the minds issue, there is no doubt that I gave him my credit card information, the question is, for what purpose. I gave it because I was told it was needed to set the appointment...and nothing else. The company says that they told me they needed the credit card because I would be responsible for a minimum 1 hour fee even if I cancelled (this is patently untrue, no such thing was ever said). He did state his hourly rate, but nothing beyond that.

I'm not a lawyer (obviously) and this is my first experience with contract law. Should not a company such as this, making an oral contract over the phone, be required to advise potentially unsuspecting consumers of their cancellation rights (or lack thereof)? Obviously, had I been aware of my cancellation rights in advance, I would have been far more wary of entering into such an "agreement." There is just something that seems very unscrupulous about companies not being required to inform you of such details.

 

[JETX]

"Should not a company such as this, making an oral contract over the phone, be required to advise potentially unsuspecting consumers of their cancellation rights (or lack thereof)?"
*** No more than you, as a customer entering a contract, should ask what are the cancellation policies and practices.

"Obviously, had I been aware of my cancellation rights in advance, I would have been far more wary of entering into such an "agreement."
*** And the obligation is on YOU to ask and confirm what they are.

"There is just something that seems very unscrupulous about companies not being required to inform you of such details."
*** And less so for a customer to inquire???

 

[stuntweasel]

I understand what you're saying, but my problem here is that I (and most consumers, I imagine) - have no experience with these laws and it never even occurred to me that, as a customer, I have almost no legal rights to cancel an appoitment. I'm incapable of asking a question that never entered my mind. I, like almost anyone, believed that any appointment could be legally cancelled within a reasonable ammount of time. I was wrong. Again, I'm not a lawyer. If that makes me naive, then I'm naive.

If a police officer arresting a murderer is required to advise him of basic legal rights, why is not a company entering into a legally binding agreement with a consumer held to a similar standard? At the risk of overstating, I feel as though I, as a consumer, have fewer rights than a common criminal.

 

[JETX]

"If a police officer arresting a murderer is required to advise him of basic legal rights, why is not a company entering into a legally binding agreement with a consumer held to a similar standard?"
*** Because a violation of a criminals rights can result in his loss of liberty (or worse). That same standard does not apply to a civil matter.

"At the risk of overstating, I feel as though I, as a consumer, have fewer rights than a common criminal."
*** And more opportunity to protect yourself from the consequences.

 

[stuntweasel]

Well, I spoke to two attorneys today. Both had essentially the same reaction- that if this case ever went to court, a judge would throw it out.

One of the two (my boss's lawyer), thought the complaint was so assinine that he offered, for free, to draft a letter to the opposing attorney threatening him and his client with a "frivilous action" suit (the dispute is over a measly $112) if they pursue the matter any further.

So we shall see what the response is to that. Personally, I think this company is some twisted combination of crazy and desperate. What kind of nutter would go to these ends to collect a hundred bucks- especially when the appointment was cancelled on the SAME DAY it was made and NO services were rendered.

 

[JETX]

Your question was not how 'practical' it might be for them to sue, but whether they MIGHT have a case against you. My answer hasn't changed. they might.