We had been receiving lawn fertilization services from a lawn care company last year. This year, without our approval, they just went ahead without notice and not only fertilized the lawn, but also decided spreading lime would also be a good idea and then left a sizeable invoice for the work attached to the door. We immediately sent them an email indicating that we had not ordered these services, and they pointed out that on their invoices, there is fine print reading "For your convenience, service continues from season to season. For a change in service, please call our office". They claim that such a unilateral notice obligates us to continue "service" (with no specifics of what the services might be) with them unless we notify them otherwise.
Less than 60 days later, they have turned the invoice over to a collection agency, and I am concerned this will damage our excellent credit rating. We never signed any written contract with these people and certainly never approved any service for this year. I just checked, and they have a BBB rating of "F", which is the lowest rating possible. And there are several other BBB complaints on this company relating to unauthorized service and failure to correct billing errors, among others.
So I have several questions:
1) I am going to send a certified letter to the collection agency requesting a "validation" of the debt. But my understanding is that a "validation" can consist of simply sending us a copy of the questionable invoice, and I fear this will not prevent them from further screwing up our credit in pursuit of the collection. How do we stop any potential damage to our credit while we dispute the basis upon which the questionable invoice was issued?
2) I believe there seems to be a 93A issue here, with false and deceptive practices - performing and invoicing for services that were never ordered or authorized. But what damages could be specified?
3) In general, what might be the best way to fight these people?
Thanks in advance for any info or insights.
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