Legal Question in Consumer Law in Massachusetts
I have a residential dumpster in my yard with a company that has filed bankruptcy & being taken over by a new company. The bill was in arrears in April for 150. I made a verbal agreement to pay 75.00 & have the dumpster picked up. I payed the 75.00 & they are refusing to pick it up until the entire bill is paid. They had suspended services & did empty dumpster for 6 weeks. Instead of picking up the dumpster in June as verbally agreed they dumped the dumpster & charged for the month. They have not been to the house to empty the dumpster since that day, however my bill has accrued to 213.00 and growing. I want to send written notice to have this dumpster taken off my property. Then, we will have to get a written account of these charges & settle the bill. I do not owe this amount. However, there has been trash in the dumpster since June which they refuse to empty. I just want it emptied & taken away. What is the best way to go about ending this service? They just keep calling to keep me as a customer. I point out that I am not satisfied with their services & want to end services. This has been going on since April.
Any help would be appreciated.
Massachusetts
1 Answer from Attorneys
We lawyers sometime like to be a little too cute and say something like your verbal agreement isn't worth the paper it's written on. There's truth in that statement if you can forgive the patronizing. The original $75.00 difference has now become a $213.00 dispute although you don't say why. $138.00 ($213.00 - $75.00) is a lot of late charges.
I'd say pay the $213.00 and chalk it up to tuition at the College of Hard Knocks.
Or you can sue in small claims court and try to meet your burden of proof as to who said what and when.
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