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Collections for a balance that was waived...

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Junior Member
What is the name of your state (only U.S. law)? Indiana

Short version: We ordered granite countertops to be installed by Thanksgiving 2013 and paid a 50% deposit. Our installations were scheduled, I took off work, they never showed or called. I call the office and am told they have too much and get rescheduled. Take another day off, no show...I start calling and get rescheduled again, now for the day before Thanksgiving. Once again, no show. I start calling and emailing, they show up at 8pm. They broke a piece and 'seamed' it back together along with a factory cut seam but the machine they use didn't work so the seams are uneven and don't match up. They installed the sink we bought along with the countertops and then when they finished at 11pm told us we could not use for at least 24 hours (doing us no good for the 20 or so people we were hosting for Thanksgiving the next morning). I called and emailed about all the problems and was told they would fix the seams. Scheduled repair, took day off, no show.... The next day my wife was doing dishes and the sink fell through into the cabinet. They sent someone to fix the sink and that person agreed the other work was not right. They said someone from another city was going to come train their staff how to fix it, scheduled, no show.

At this point, I emailed the office that we did not believe we should have to pay the balance because of all the problems. The office manager said she understood and would talk to the boss about it. After another cancelled repair appointment I called and told the office manager we would not expect them to come back and do anything if they would waive the balance due, and she said okay.

We didn't hear or receive anything until two weeks ago (15 months after that phone call). I got a message from the company that they had some uncompleted repair orders and to call to schedule them. I figured it wasn't a big deal and ignored it since we had the agreement with the office manager. Then we got a letter from a lawyer telling us we had 30 days to pay in full or they would add collections and court costs. I've emailed and called the counter top office and the office manager is no longer there. The new office manager found the old paperwork and now they won't talk to me about it because "it's in the lawyers hands now".

What do we do? We have some emails outlining the problems with the former office manager and an email where she says she will talk to the boss about waiving the balance, but it was on one of several phone calls that she said okay to waiving the balance due. We unfortunately didn't think to have them give us something in writing reflecting that the balance was waived and now they are claiming it never was...

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