My husband hired a company to come pick up a vintage car and ship it to another location. He specifically asked them NOT to send out a certain type of tow truck as it would not be able to tow this vehicle. He authorized them over the phone to charge his credit card $200 for a deposit and then he would sign for the remaining amount when the delivery was complete. The truck showed up today and it was the exact truck that he told them not to bring. The company has not charged the $200 deposit yet but they told my husband they feel they should be able to charge some money for paying the driver to go out to the location and for gas. We would be more than willing to pay for some type of fee is we were the ones to cancel this deal after a truck had been dispatched but the towing company is at fault for sending out the wrong truck. The driver apparently drove from a very far distance but that should not be our problem. My question is, can they charge any type of fee if my husband cancelled the deal when they brought the wrong truck and verbally told them that they are not authorized to charge anything to his card?
*Megan: There was not any type of misunderstanding during the initial phone call. While en-route, they called saying that type "A" truck was set to arrive soon. When my husband told them it was wrong truck and he specifically ordered type "B" truck they said that type "B" wasn't available so they were going to try and make type "A" work. The truck arrived and my husband told him that he would not allow Type "A" to tow the vehicle and that was when the dispute over the fees started.
*8kidsdad: it's a 1954 MG Convertable
If they charge it, call the credit card company and get a refund charge snail mail address. Then write a letter stating what you say above: they did not provide you with the service you requested.
I've done this a few times, and this is one reason to always use a credit cards. Let the credit card company handle it.
They shouldn't, but they might anyway. I would check my credit card statement on line daily and if you see the charge, dispute it.
They may attempt to charge you. If they do call the credit card company and refute the charges. You'll have to tell your side of the story. A report will be made. The credit company will investigate and most likely, the charges will be removed from your statement.
CAN they charge it? Yes. Should they. No. If the charge does come through, you may want to contact your card company and see if you can dispute it.
It's not your fault that they chose not to listen to you and your husband. If the truck wasn't available then they should have informed you beforehand. Once you said, this won't work they should have told the driver to turn around and head back. This is entirely on them.
Edited to Add: I seriously doubt your credit card company will decline the charge if it comes through. Honestly that is a huge misconception. The credit card company and banks do not watch every transaction you make on your card. It's impossible.
Your credit card company should be able to fight on your behalf.
The fact is your brother did not cancel the contract, they sent the wrong tow truck which was unable to perform.
I don't think they should be able to charge the credit card, but if they made that big a mistake, it wouldn't surprise me that they would make a "mistake" and charge you for it. Call your credit card company and tell them not to accept a charge from this company.
I know this is not part of the question, but I'd really like to know what kind of vintage car you were shipping. I enjoy vintage cars. Thanks
Good luck to you and yours.
If your husband was specific and put it in writing what kind of car was being towed and what type of tow truck was needed to tow the car, then sorry...that's THEIR problem. if they failed to listen to the customer, that's not your fault.
As to the legalities of it? They have his credit card information and a verbal approval. They may be able to charge and you will have to fight the charge when the bill is presented.
Try calling the credit card company to cancel the authorization before the company runs the card thru.
Unfortunately since this was all verbal, it turns into a he said/she said senario. In you ETA you state that your husband told the driver when he arrived that he would not allow type A. Because that wasn't said at the time the phone call was made, the company could use that argument.
If your credit card is charged, you need to write (it MUST be in writing) a letter disputing the charge. Chances are it will be removed.
If I were in this situation, I would try to negotiate a small settlement to help cover part of the cost of the driver being sent out.
I would follow up with a letter. Verbal is not much to go on. I would make sure to mention that the request was to specifically NOT bring that type of tow truck. You could use that letter for a dispute also.
Exactly what Cheryl B said.
R., I would contact your credit card company immediately, and seek counsel from them. I would not pay them one cent for anything. You gave them your specific instructions, and they failed. Their problem, not yours. I just hope the credit card company sees it your way.
Yes they can since they have your credit card number but it is not right since they did not follow your instructions....I would immediately contact the credit card company and contest ANY charge and explain. You will win I assure you. Good luck to you.
If they made the mistake, then no, they should not be able to charge anything. It would be a loss on their end.
However, did the truck driver call before arriving to let you know when he would be there? Did your husband mention, again, that there would be a problem with a certain type of tow? Its possible that when he said 'don't send a type A truck' that the person on the receiving end heard 'do send a type A truck'.
