Being charged for service 8 years latter? (1 Viewer)

[yak651]

I had a propane tank that was "leased" from a local company. The lease consisted of if I used at least 700 gallons of propane a year there would be no charge to use the tank. With recent price drops it made sense to purchase my own tank, able to get the propane for approx 1/2 the price it would cost me to buy from the "lease" company, basically able to pay for the tank after a year or two. So get the new tank and tell the company to come get their tank they installed 8 years ago. Just received a bill from them for the materials they used to level the lease tank, the line to the house and a regulator along with a charge to pick up the tank. The charge to pick up the tank is spelled out on the original invoice, so I'm ok with that, but the other cost were just itemized on the original invoice with no cost. Can they really charge me for this 8 years latter, especially since a price wasn't listed on the original invoice? Attached are links to picture of a copy of the original invoice and the bill they sent me. Any advice?

http://i26.photobucket.com/albums/c111/bjochman/029_zps9h5cedqg.jpg

http://i26.photobucket.com/albums/c111/bjochman/028_zpszk1gjlsu.jpg

 

[Kanil]

They get to pound sand. They weren't expecting you to keep that invoice for 8 years you ####ing hoarder.

 

[Don Quixote]

What's on the reverse side?

 

[jonessed]

They can charge you for it, but I wouldn't suggest paying it.

 

[Fat Nick]

I wouldn't pay it.

If they complain, I'd tell them you'll mail them a check in 8 years.

 

[yak651]

What's on the reverse side?

Not sure, they actually sent me the copy that list the items with "no cost" next to them when they sent the bill. So just tell them to take me to court if they want that money?

 

[yak651]

Also like on the original they just say (2) risers. On the bill they say one riser was 3" one was 6" so one is $5.00 more??

 

[Don Quixote]

What's on the reverse side?

Not sure, they actually sent me the copy that list the items with "no cost" next to them when they sent the bill. So just tell them to take me to court if they want that money?

I don't know. Despite the opinion of the other FBG lawyers, since the '07 invoice indicates there is more on the reverse side, it's hard to say without knowing what the reverse side says about what you agreed to pay if you terminated the lease.

 

[Fat Nick]

I think there might be a statute of limitations on how long they have to collect debt too...depending on what state you live in and what that statute is there, they may be well past that, meaning if you just flat out ignore it, they can't do anything because the service/goods were rendered so long ago that they are past that statute.

I'm not a Lawyerguy, but I feel like most states put some sort of limit on this sort of thing. It's not reasonable to expect someone to keep the paperwork necessary to dispute an 8 year old charge. That's longer than the retention period for some business documents, much less personal stuff.

 

[IC FBGCav]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

 

[Drifter]

Depends on the terms of the lease. Many leases amortize the front loaded costs over the term of the lease and carry a penalty if you terminate early in order to recoup those costs.

 

[apalmer]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

Statute of Limitations generally doesn't start running until there's a breach. If payment wasn't due until the lease ended, there was no breach until now, so the SOL didn't start running.

 

[Fat Nick]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

Statute of Limitations generally doesn't start running until there's a breach. If payment wasn't due until the lease ended, there was no breach until now, so the SOL didn't start running.

I feel like the charges he's being billed for have nothing to do with the lease. His lease spelled out charges for pick-up of the old tank, but nothing else. This seems like just a supplementary charge they're just throwing in there. It has nothing to do with the termination of the lease per se...It's charges for the installation, which, if anything, should've been charged at the time of installation.

 

[Don Quixote]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

Statute of Limitations generally doesn't start running until there's a breach. If payment wasn't due until the lease ended, there was no breach until now, so the SOL didn't start running.

I feel like the charges he's being billed for have nothing to do with the lease. His lease spelled out charges for pick-up of the old tank, but nothing else. This seems like just a supplementary charge they're just throwing in there. It has nothing to do with the termination of the lease per se...It's charges for the installation, which, if anything, should've been charged at the time of installation.

What if the lease said that no charge for installation would be imposed unless/until the lease was terminated within a certain number of years after installation?

 

[Fat Nick]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

Statute of Limitations generally doesn't start running until there's a breach. If payment wasn't due until the lease ended, there was no breach until now, so the SOL didn't start running.

I feel like the charges he's being billed for have nothing to do with the lease. His lease spelled out charges for pick-up of the old tank, but nothing else. This seems like just a supplementary charge they're just throwing in there. It has nothing to do with the termination of the lease per se...It's charges for the installation, which, if anything, should've been charged at the time of installation.

What if the lease said that no charge for installation would be imposed unless/until the lease was terminated within a certain number of years after installation?

Then I'd think the charges would be valid as they were specifically mentioned in the contract. It doesn't sound like there was any mention to anything other than a pick-up fee in the contract, and leveling done at time of installation has nothing to do with pick up.

 

[Foosball God]

You should always only pay the former and never the latter imo.

 

[Johnny Rock]

I'd call them.

 

[Don Quixote]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

Statute of Limitations generally doesn't start running until there's a breach. If payment wasn't due until the lease ended, there was no breach until now, so the SOL didn't start running.

I feel like the charges he's being billed for have nothing to do with the lease. His lease spelled out charges for pick-up of the old tank, but nothing else. This seems like just a supplementary charge they're just throwing in there. It has nothing to do with the termination of the lease per se...It's charges for the installation, which, if anything, should've been charged at the time of installation.

What if the lease said that no charge for installation would be imposed unless/until the lease was terminated within a certain number of years after installation?

Then I'd think the charges would be valid as they were specifically mentioned in the contract. It doesn't sound like there was any mention to anything other than a pick-up fee in the contract, and leveling done at time of installation has nothing to do with pick up.

From what he's posted so far, but he mentioned that he does not have the reverse side, which has additional lease terms. So, it's unclear what the full terms were.

 

[Officer Pete Malloy]

Should have gone to Ferrellgas.

 

[matttyl]

Just curious, where do you buy the tank?

 

[BowieMercs]

Just curious... what do you pay for propane? Price in western MD is about $1.50/gal. My buried tank failed, so I'm switching to a leased tank (above ground). Costs $0.10 more per gallon using a leased tank + $75/year if I don't use 800 gallons. No cost for the leased tank, other than what I'm paying a guy to dig up & remove the old tank & level it out.

 

[Fat Nick]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

Statute of Limitations generally doesn't start running until there's a breach. If payment wasn't due until the lease ended, there was no breach until now, so the SOL didn't start running.

I feel like the charges he's being billed for have nothing to do with the lease. His lease spelled out charges for pick-up of the old tank, but nothing else. This seems like just a supplementary charge they're just throwing in there. It has nothing to do with the termination of the lease per se...It's charges for the installation, which, if anything, should've been charged at the time of installation.

What if the lease said that no charge for installation would be imposed unless/until the lease was terminated within a certain number of years after installation?

Then I'd think the charges would be valid as they were specifically mentioned in the contract. It doesn't sound like there was any mention to anything other than a pick-up fee in the contract, and leveling done at time of installation has nothing to do with pick up.

From what he's posted so far, but he mentioned that he does not have the reverse side, which has additional lease terms. So, it's unclear what the full terms were.

That's fair...but until we know...we don't know.

I guess in order to enforce anything, they'll have to produce the full contract.

 

[avoiding injuries]

Just curious... what do you pay for propane? Price in western MD is about $1.50/gal. My buried tank failed, so I'm switching to a leased tank (above ground). Costs $0.10 more per gallon using a leased tank + $75/year if I don't use 800 gallons. No cost for the leased tank, other than what I'm paying a guy to dig up & remove the old tank & level it out.

I just got my winter letter in the mail with pricing for this coming year. $1.29/gal if prepaid. Baltimore

 

[yak651]

Just curious... what do you pay for propane? Price in western MD is about $1.50/gal. My buried tank failed, so I'm switching to a leased tank (above ground). Costs $0.10 more per gallon using a leased tank + $75/year if I don't use 800 gallons. No cost for the leased tank, other than what I'm paying a guy to dig up & remove the old tank & level it out.

I just got my winter letter in the mail with pricing for this coming year. $1.29/gal if prepaid.Baltimore

This is why I bought a tank. The pre-buy price was same as yours $1.29/gal. The price now for my own tank is $0.60/gal. Big difference.

 

[avoiding injuries]

Just curious... what do you pay for propane? Price in western MD is about $1.50/gal. My buried tank failed, so I'm switching to a leased tank (above ground). Costs $0.10 more per gallon using a leased tank + $75/year if I don't use 800 gallons. No cost for the leased tank, other than what I'm paying a guy to dig up & remove the old tank & level it out.

I just got my winter letter in the mail with pricing for this coming year. $1.29/gal if prepaid.Baltimore

This is why I bought a tank. The pre-buy price was same as yours $1.29/gal. The price now for my own tank is $0.60/gal. Big difference.

I own my tank. Are you saying you are getting propane for .60/gal? Where?

 

[Guest]

Typically you'll have a hard time enforcing a contract for a consumer service with a period of over 5 years. They would never fight this in court. Plus, in any reasonable contract those installation charges would be amortized over a period of years, fewer than 8. Don't pay. Pickup of the tank is another matter, as it's a bet new service.

 

[yak651]

Just curious... what do you pay for propane? Price in western MD is about $1.50/gal. My buried tank failed, so I'm switching to a leased tank (above ground). Costs $0.10 more per gallon using a leased tank + $75/year if I don't use 800 gallons. No cost for the leased tank, other than what I'm paying a guy to dig up & remove the old tank & level it out.

I just got my winter letter in the mail with pricing for this coming year. $1.29/gal if prepaid.Baltimore

This is why I bought a tank. The pre-buy price was same as yours $1.29/gal. The price now for my own tank is $0.60/gal. Big difference.

I own my tank. Are you saying you are getting propane for .60/gal? Where?

North Eastern WI. This is why I looked into a tank, I was being quoted approx same price as you and my neighbor was getting it for 69 cents/gallon. 500 gal tank was approx $850, I use approx 1,000 gallons/year so the tank will pay for itself in less than 2 years.

 

[IC FBGCav]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

Statute of Limitations generally doesn't start running until there's a breach. If payment wasn't due until the lease ended, there was no breach until now, so the SOL didn't start running.

Yep, I thought he was saying they did not try to pick up their tank for 8 years, which is not the case.

 

[matttyl]

Just curious... what do you pay for propane? Price in western MD is about $1.50/gal. My buried tank failed, so I'm switching to a leased tank (above ground). Costs $0.10 more per gallon using a leased tank + $75/year if I don't use 800 gallons. No cost for the leased tank, other than what I'm paying a guy to dig up & remove the old tank & level it out.

I just got my winter letter in the mail with pricing for this coming year. $1.29/gal if prepaid.Baltimore

This is why I bought a tank. The pre-buy price was same as yours $1.29/gal. The price now for my own tank is $0.60/gal. Big difference.

I own my tank. Are you saying you are getting propane for .60/gal? Where?

North Eastern WI. This is why I looked into a tank, I was being quoted approx same price as you and my neighbor was getting it for 69 cents/gallon. 500 gal tank was approx $850, I use approx 1,000 gallons/year so the tank will pay for itself in less than 2 years.

This is exactly why I'm looking into buying my own tank. Where does one buy a propane tank of this size?

 

[shuke]

Those are some nice looking pumpkins.

 

[bushdocda]

I am going going to be a statue of limitations for Halloween.

 

[yak651]

I actually purchased two tanks, one from a propane company and one off craigslist. Figured with prices this low, wasn't going to get caught like i did the year it cost$4.00/gallon

 

[James Daulton]

Being around houses with propane tanks always freaked me out. Like, you're just playing a little catch with a football in the yard. "Hey go out for a dig route and I'll hit you by the propane tank." You Colin Kaepernick the throw and next thing you know, BOOM.

 

[Flying V]

I'd call them.

Ask for Hank Hill.

 

[East Coast Bias]

Being around houses with propane tanks always freaked me out. Like, you're just playing a little catch with a football in the yard. "Hey go out for a dig route and I'll hit you by the propane tank." You Colin Kaepernick the throw and next thing you know, BOOM.

I worked on the audit of a company that made some of the fittings for propane tanks. Reading their legal letters made me never want to have propane.

 

[KCitons]

You can stiff the hooker, but the pimp will always find you.

 

[Krankie]

I am not a contract lawyer but I suggest not doing anything. Once you pay anything the statute of limitations is no longer in effect. At this point they have no right on any payment seeing that it is 8 years old.

Statute of Limitations generally doesn't start running until there's a breach. If payment wasn't due until the lease ended, there was no breach until now, so the SOL didn't start running.

I feel like the charges he's being billed for have nothing to do with the lease. His lease spelled out charges for pick-up of the old tank, but nothing else. This seems like just a supplementary charge they're just throwing in there. It has nothing to do with the termination of the lease per se...It's charges for the installation, which, if anything, should've been charged at the time of installation.

What if the lease said that no charge for installation would be imposed unless/until the lease was terminated within a certain number of years after installation?

Then I'd think the charges would be valid as they were specifically mentioned in the contract. It doesn't sound like there was any mention to anything other than a pick-up fee in the contract, and leveling done at time of installation has nothing to do with pick up.

From what he's posted so far, but he mentioned that he does not have the reverse side, which has additional lease terms. So, it's unclear what the full terms were.

That's fair...but until we know...we don't know.

I guess in order to enforce anything, they'll have to produce the signed full contract.

Fixed, and this is your answer,,,