Legal Question in Business Law in Maryland
Overpayment
I have a contract with a company stating I owe $68.00 a month with them. However, they have been charging me $88.00 per month claiming that I agreed to the extra fees. I have never heard this tape and I do not remember ever agreeing to the extra. However, my written contract states $68.00 and I faxed it to them. They refuse to change it to the correct amount.
Am I correct to assume that the written agreement should take precedence?
Thank you for your help.
Asked on 10/06/07, 2:22 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Overpayment
A written contract can be modified by a later oral agreement. Ask them to send you a copy of the "tape" where you supposedly agreed to the increase before you commit yourself to it.
Answered on 10/08/07, 9:45 am
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