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computer fixed, now doesn't want to pay me

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A

Arcane

Guest
I live in PA and have a side business of troubleshooting pcs in people's homes. I recently went to this woman's home who had downloaded a program to clean her hard drive, but it caused problems.

To try and keep this as untechnical as possible, she was missing at least one file needed for her computer to boot up. She is on disability and has a fixed income. I agreed to look at her system to see if it could be fixed by restoring the missing file or if Windows 98 would need to be reinstalled. If it was just the file, I would only charge her $40 and if it was more involved, $40 an hour to reinstall Windows 98.

When I got to her house, it looked like replacing the file might work. I looked on the Windows 98 CD for the file and had to go through many (54) archived files trying to find this one file. After 2 1/2 hours looking through these files I was explaining to her how I wasn't able to find it. I was demonstrating what I had been doing when I came across the file. I placed it in the correct folder and rebooted the system. The original error went away, but other errors started displaying. I realized that the lose of files was much more severe and told her so. Reinstalling Windows 98 was the best option.

I told her that I was only going to charge the $40 mentioned beforehand for the time spent. I also told her that I was willing to set up another time to come back and reinstall Windows 98 or that I could stay and do it then. She said that she wanted me to stay and do it.

I stayed to reformat the hard drive, install Windows 98, reinstall the modem and printer drives and to install her AOL software. This took 1 3/4 hours.

I wrote out two bills. The first was for the 2 1/2 hours in which I waived 1 1/2 hours and the cost was $42.40 total. She paid me that amount in cash.

The second bill was for 1 3/4 hours of work and was for $74.20. She wrote me a postdated check for January 1, 2001 for that. Because money is an issue for her, I agreed to this.

I received a letter from her today stating that she was satisfied with the work, but that $116.60 is too high for installing Windows 98.

She states in the letter that I should have just reinstalled Windows without trying to find the file. That she has had that done before several times for only $25. She feels that I wasted time looking for the file. She also states that she didn't ask me to install her modem, printer or AOL software; that she knew how to do it. She says that I stretched out and wasted time to inflate the cost.

She states that she is going to stop payment on the postdated check. She writes that she is willing to pay what is 'fair', but what I charged is 'outrageous'.

She also stated in her letter that she has asked around for legal advice, that I can take her to court if I want and that she was advised to go get written statements from other reliable sources about the cost of installing Windows.

She ends the letter with, "If you are willing to readjust the bill, let me know. If not then I will take my chances in court. I should not have to pay for the time that you wasted."

I feel that I DID charge her fairly. She never said a word about the cost that evening. She told me to proceed and install Windows98 AFTER I had already been there 2 1/2 hours. I told her every step of the way how I was going to charge for what I did. She sat in the living room with me the entire time and watched what I did. She could have told me to stop at any point.

Most companies around here that do on-site service charge $65-$85 an hour.

I'm thinking that there isn't any valid reason to persue this because it's "only" $74.20. The question is, what SHOULD I do? How do I handle this? Would it be worth to take her to court? Should I send her back her check (I have deposited the cash amount)?

Thanking everying in advance...
Arcane
 


I AM ALWAYS LIABLE

Senior Member
My response:

Take her to court if she cancels the check.

You see, unless she pleads and proves fraud (extremely difficult to do), then her "defenses" are irrelevant. The fact remains that she wrote a check for your services. That's the starting point.

It is irrelevant that she claims you overcharged her. The fact remains that she agreed with your service prices by writing you a check. She could have said "Stop" - - but, she didn't and you relied, to your detriment, on her authority to continue your work.

It's as if I go to a car dealership, and buy a car for X dollars. Then, I pay for the car with X dollars. Later, I find out that another dealer has the same car for sale for Y dollars. So, I stop payment on the check for X dollars.

That's not the dealer's fault. It's my fault for not shopping around, or failing to obtain "estimates" on that car first.

She failed to get any other "estimates" for your services and now can't "backtrack" as a defense in court for her failure. Then, with estimates in hand, she could have chosen the technician and price of her choice. Rather than doing that, she had you go through all of your services.

Hindsight has 20 / 20 vision and all because she chose to look in "hindsight" to locate someone else who could have done the job cheaper "after" your services were rendered, that's not your concern or problem - - it's hers. She's the one who wrote the check and completed the contract by doing so.

Additionally, if you do take her to court, get her to admit that she's on a fixed income. That, you can use, as further proof of her intent to cheat you, as her "motivation" for doing so.

Attempt to cash the check so that you can get the bank stamp on it that says "Stopped Payment". That way, you'll have your proof of her intent. You'll be charged, but that charge, in addition to the amount of the check will be the amount of damages you can claim in court. Also, if you win your lawsuit, the court will add all of your court costs to the final judgment.

IAAL

[Edited by I AM ALWAYS LIABLE on 12-16-2000 at 01:16 PM]
 

LegalBeagle

Senior Member
Arcane said:
When I got to her house, it looked like replacing the file might work. I looked on the Windows 98 CD for the file and had to go through many (54) archived files trying to find this one file.
Not a legal response, but..

Why did you not look up the file on the MS website and search the knowledge DB... or better, search the Windows 98 CD-ROM Directory Listing. You would have found the file in minutes.
 

HomeGuru

Senior Member
Not a legal response, but......

The customer is just looking for a window of opportunity to rip you off. What a pane!
 
A

Arcane

Guest
LegalBeagle said:

Not a legal response, but..

Why did you not look up the file on the MS website and search the knowledge DB... or better, search the Windows 98 CD-ROM Directory Listing. You would have found the file in minutes.
Well, I did try to look the file up between the time of setting the appointment and actually going. However, she said that the file was vmm32-ifsmgr.vxd. I didn't get any hits for that filename. The best I found was for ifsmgr.vxd and for that I never saw listed which CAB file contained it. Once I was at the house and saw the correct name (It WAS ifsmgr.vxd) I didn't have access to the internet.

Also, doing a simple search for the file on the CD wouldn't turn anything up as it was within a CAB file. However, about 5 minutes ago I figured out that if you do a search on the CD using "containing text" to look for the file, it WILL display the correct CAB file.

Wish I had known this then. But then, if she IS doing this just to get out of paying, I guess it would have just been something else she would have had a problem with.
 

LegalBeagle

Senior Member
Arcane said:
LegalBeagle said:

Not a legal response, but..

Why did you not look up the file on the MS website and search the knowledge DB... or better, search the Windows 98 CD-ROM Directory Listing. You would have found the file in minutes.
Well, I did try to look the file up between the time of setting the appointment and actually going. However, she said that the file was vmm32-ifsmgr.vxd. I didn't get any hits for that filename. The best I found was for ifsmgr.vxd and for that I never saw listed which CAB file contained it. Once I was at the house and saw the correct name (It WAS ifsmgr.vxd) I didn't have access to the internet.

Also, doing a simple search for the file on the CD wouldn't turn anything up as it was within a CAB file. However, about 5 minutes ago I figured out that if you do a search on the CD using "containing text" to look for the file, it WILL display the correct CAB file.

Wish I had known this then. But then, if she IS doing this just to get out of paying, I guess it would have just been something else she would have had a problem with.
Not a legal response, but.............................

Correct.. or you can look in the CD listing file that MS provides. It tells you the names of the files and which CAB they are in.

IAAL gave the legal answer.. I am just picking on yer..
 

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