over charging plumber

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cetarra3

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I hired a plumber to install a dishwasher. His men showed up started the job and then took an lunch break and went to get "materials". They came back an hour and 15 minutes later and finished the job. They were there for 1 1/2 hours total. My Husband asked for a bill and was told it would be mailed. Got the bill a week later and it was $361 ($320 for labor). At the bottom of the bill was stamped that interest and collection charges would be assessed for unpaid bill over 30 days. Called the company to find out why the bill was so high. I was told it was for 2 men 4 hours of labor. I immediatly told the person on the phone that the men were not at my home for 4 hours and his reply was "It was the owner's son at your house.". I replied that I didn't care, they still were not at my house for 4 hours. He then told me that I am charged from the end of the previous job. I told him that it would account for another 30 minutes (I was told when I booked the job, where the previous job was taking place) and that still didn't add up to 4 hours. Then the owner got on the phone, I explained to him my problem with the bill. He explained additional charges, $35 gas and truck up keep fees and $6 material fees. He did not address my claims of overcharging. I ended the call by saying that I would be filling a complaint with the BBB. They said they would not bet involved but would send complaint to company and encourage them to resolve issues. Owner sent me a two page letter explaining to me what went on in my home (even tough he was not there) and told me the bill was legitimate and fair and then stated that if I needed to take 2-3 months to pay, It was ok but I would be charged interest. I replied to his letter explaining what really happened and suggested that a compromise be made. I told him what I thought would be fair. I never got any reply so after waiting a week, I sent him a check for the amount that I stated in my letter. In the memo line I wrote paid in full. The check was returned to me with no note or any further communication. Over a week after, I received a letter from BBB with copies of the plumbers letter, my letter, my check, and a new letter from plumber stating that, I had made up a bunch of stuff in my letter, he also claimed that I had had 4 communications with him, two since my complaint to the BBB, I only had three with him, one phone call, one letter, and the check. He also stated that he could not except my check and that he would be willing to discount my bill $80 but he would be charging me interest. But I had already sent him a check for the full amount because the 30 days was almost up and I wasn't going to be charged interest on a bill I was already disputing. I stated in a note with the check that I was paying the bill under duress so that he could not ruin my credit. He cashed that check immediately. He has made no effort to refund the $80 and I have had no further communication with him. Is small claims my only option? Do I have any chance of winning or am I wasting my time and money? Are there any other venues for filing complaints?
 
Yes, filing in small claims court is likely your only option. The Better Business Bureau is,typically, a usless venue to go through for things like this; they have no legal power to do anything.

You will need to address when these workers showed up, when they left for lunch, when they returned to finish the job. Attempt to get estimates on what local plumbers charge by the hour. Check to see if your district requires that a plumber give you an estimate on what the job will cost before they begin work (many plumbers do this).

Gail
 
Suing someone in small claims for $80.00 is not worth it -- there is a small claim fee to the court and a constable fee -- just the constable fee could be over $100.00, you need to contact the courts and see what their fee would be. And make a determination if it is really worth it, or if you need to just chalk this up and a bad experience.
 
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