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Advice on how to handle a "contract" dispute/bogus collections from landscaper

Posted on 3/19/15 at 12:35 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
115787 posts
Posted on 3/19/15 at 12:35 pm
So my wife decided we should get some landscaping done. She contacted a bunch of companies to do estimates. She found one she liked and they emailed her the estimate. They included a link that said by clicking this link, you are accepting the work. She clicked the link.

She then sent them an email asking for a date and time when they could start. They responded that "We work in chronological order from the date deposit was made and will not set a time or order plants until that time". It also states on their website that they will not do a thing until they have received a deposit.

My wife was not happy with this answer, so the very next day, she sent them an email stating she was going with a different company that would give her a date in advance.

The next day (yesterday), she gets an angry voicemail from the owner stating that we have a contract in place (clicking a link?) and that he has already ordered the plants, and that he is sending the deposit amount to collections.

We then got a call from a collections company a few minutes later. I spoke with them and told them I would be disputing this collections bill.

How would you handle this? How could they possible win on this issue? They clearly state that they will not do a thing until a deposit is made, and as far as I am concerned, there is no valid contract.

I'm willing to fight this on general principle as opposed to paying them the $500.00 they are requesting.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67589 posts
Posted on 3/19/15 at 12:39 pm to
Give the name of the landscaping company to the OT
Posted by Cdawg
TigerFred's Living Room
Member since Sep 2003
59503 posts
Posted on 3/19/15 at 12:40 pm to
What company?
Posted by XxxSpooky1
A place in SE La
Member since Sep 2007
5145 posts
Posted on 3/19/15 at 12:41 pm to
Take screen shots of everything it states on their website so they can't change it.
Posted by tigerbutt
Deep South
Member since Jun 2006
24583 posts
Posted on 3/19/15 at 12:44 pm to
quote:

Give the name of the landscaping company to the OT
Posted by sneakytiger
Member since Oct 2007
2472 posts
Posted on 3/19/15 at 12:44 pm to
Ask the owner to show you "the contract". I've heard of electronic signatures, but not in the form of clicking a link. I'd go to the attorney general's office next to report a scam.
Posted by MagnumTA
Walker
Member since Nov 2012
206 posts
Posted on 3/19/15 at 12:47 pm to
So the collection agency called minutes after talking to the owner? That's pretty fast, smell like BS.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
35113 posts
Posted on 3/19/15 at 1:13 pm to
quote:

So the collection agency called minutes after talking to the owner? That's pretty fast, smell like BS.


Posted by Fun Bunch
New Orleans
Member since May 2008
115787 posts
Posted on 3/19/15 at 1:13 pm to
quote:

So the collection agency called minutes after talking to the owner? That's pretty fast, smell like BS.



It was definitely a real collections agency but they are local and small time.

I already sent them a dispute and told them if they contacted us again I would pursue a claim under the FDCPA.

I'm not going to give the company's name here for legal reasons, but I have found a shitload of reviews stating that they have tried to use strong arm tactics against other people.
Posted by boosiebadazz
Member since Feb 2008
80228 posts
Posted on 3/19/15 at 1:15 pm to
I'd call the Attorney General's office.
Posted by ForeverLSU02
Albany
Member since Jun 2007
52147 posts
Posted on 3/19/15 at 1:15 pm to
At least give us their location
Posted by Saints72
Baton Rouge
Member since Dec 2012
473 posts
Posted on 3/19/15 at 1:16 pm to
quote:

I'm not going to give the company's name here for legal reasons,


Really....
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67589 posts
Posted on 3/19/15 at 1:17 pm to
quote:

I'm not going to give the company's name here for legal reasons


as long as you are being honest there is nothing to worry about...look at how much shite Riverside gets on here
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 3/19/15 at 1:18 pm to
I googled and found this article from 2009 discussing "click-wrap" agreements. It's mostly about terms of service, but it could be useful to you.

LINK

ETA: This also appears to be pretty informative on click-wrap agreements.
This post was edited on 3/19/15 at 1:20 pm
Posted by LSU_Saints_Hornets
Uptown NO,LA
Member since Jan 2013
9739 posts
Posted on 3/19/15 at 1:19 pm to
quote:

I'm not going to give the company's name here for legal reasons, but I have found a shitload of reviews stating that they have tried to use strong arm tactics against other people.



frick dat noise. Post it then delete it
Posted by CoachDon
Louisville
Member since Sep 2014
12409 posts
Posted on 3/19/15 at 1:20 pm to
Some courts have upheld the clickwrap agreements. There are some things they consider.

Good link with info:

LINK



Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 3/19/15 at 1:20 pm to
Pretty shady business practice right there... I've made some inquiries to various landscapers for my yard.. would like to know who this person is ...As to avoid them at all cost..
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 3/19/15 at 1:20 pm to
quote:

CoachDon



Way ahead of you!
Posted by Fun Bunch
New Orleans
Member since May 2008
115787 posts
Posted on 3/19/15 at 1:21 pm to
They are in New Orleans and are based out of Mid-City. That's all I will say for now, especially until this matter is resolved.
Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 3/19/15 at 1:37 pm to
quote:

They are in New Orleans and are based out of Mid-City.


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