Legal Question in Consumer Law in New York

Needless Boiler Repair

I had a problem with my boiler and the repair person told me I needed a $600 part which turn out NOT to be the problem, he sent another person over and he replaced a $40. part which worked.

I told the owner I would not pay for the work he did the 1st time and offered to give him the part back or give him his cost for the part.

I found out the part cost him roughly $200 (when he wanted to charge me $600). He threw me out of his store and told me he would take me to court. Since than I have only been receiving bills from him and he has taken no further action.

I paid him for all the work that was done other than this and wrote the Better Bus. Bureau, but have not heard back.

What steps do I need to take as I am concerned about my credtit rating, but refuse to pay him $600 for a $200 part, especially since that did not fix the probelm.

Asked on 4/12/07, 8:24 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Needless Boiler Repair

Small shops like this usually do not report to credit reporting agencies. He may sue you in Small Claims Court but that won't turn up on your report either unless he wins a judgment against you and enters the judgment in Supreme Court at a cost to him of $210.

Keep an eye on your credit rating and don't ignore his letters. Failure to dispute the debt can be grounds for awarding him the money. Send a certified letter, return-receipt-requested (or have an attorney send one) stating the basis of your objection to the bill.

Good luck!

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Answered on 4/12/07, 11:11 pm

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