Charging for Services not rendered

This is a discussion on Charging for Services not rendered within the Consumer Complaints forum, part of the BUSINESS & FINANCE LAW category; I am not sure if you can help me with some information or maybe point me in the right direction. ...

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Old Apr 6th, 2007, 11:39 AM   #1
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Confused Charging for Services not rendered

I am not sure if you can help me with some information or maybe point me in the right direction. I basically need answers to two consumer rights questions. I will give you a little background on the situation:

We have a dumpster that we got from a disposal company almost a year ago. We asked for weekly trash pick up. Shortly after we got the dumpster, my boyfriend, whose name the account is under was out of work. We fell behind in the bills and after 3 months they stopped emptying the dumpster, which is reasonable. That was in September. Since then they have continued to charge us a monthly fee of over a hundred dollars a month for weekly removal of 2 cubic yards of trash. They have not removed any trash, and are refusing to pick up this dumpster.

We have called them on the phone and asked them to remove the dumpster at which point they told us they would not remove it because then "We would have no reason to pay them". We have written them twice and received no response.

As I have tried to explain to them, I understand we owe for the time that they were actually doing the service, but do not think they can continue to charge us for a service that they have stopped providing over 6 months ago. This bill is now in excess of a thousand dollars, between the fees and the finance charges, which we just cannot afford, nor do I think we are legally bound to pay.

So my questions are:

Can they still charge us for weekly trash pick up if they are not
picking up any trash?

Don't they have to pick up this dumpster off of my property if I request
them to pick it up?


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Old Apr 7th, 2007, 12:26 PM   #2
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Default Re: Charging for Services not rendered

You have ended the contract it seems so they cannot charge unless you had agreed to pay. If you did agree to pay or signe a long term agreement, tell them you now believe they have breached the agreement and you want it ended.

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered
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