Question
They brought solar power on installments 6 years ago. After bringing it, their solar service was not good, so they did not come to take installments after some installments. Suddenly, they disappeared but sent a legal notice six months ago, followed by another one. They are demanding payment by phone, and if not paid, they say they will take legal action. They say I owe 10,000 taka. What should we do in this case?
Answer
In this case, here’s how you can proceed:
- Review the Agreement:
Check the original contract or agreement you signed with the solar company. Look for any terms regarding installment payments, service delivery, and consequences for non-payment. This will help you understand the legal obligations. - Document the Service Issues:
Since you mentioned that the service was poor and they stopped collecting installments, document any issues with the solar power system. If possible, collect evidence (photos, communication, service complaints) that proves the service was inadequate. This could work in your favor. - Response to Legal Notice:
If you receive a legal notice, it’s important to respond in writing, stating your side of the story. Explain the issues you faced with their service, the missed installments, and any problems caused by their failure to provide the agreed-upon service. It’s best to do this through a lawyer to ensure your response is legally valid. - Payment Demand and Dispute Resolution:
The company may be demanding payment, but since there were issues with their service, you may have grounds to dispute the amount owed or negotiate a lower sum. You could offer to pay a portion or request a resolution through mediation before things escalate to a lawsuit. - Legal Action from the Company:
If the company threatens legal action, they may attempt to file a civil suit for the unpaid amount. If this happens, you will have the opportunity to present your defense in court, including the poor service and the company’s failure to collect payments on time. - Consider Mediation:
If possible, you might want to mediate the issue directly with the company, offering to settle the matter out of court. Sometimes, companies may be open to resolving disputes without going through lengthy legal processes. - Phone Payment Requests:
Be cautious about paying via phone, as it’s not a secure or documented method of payment. Insist on receiving proper invoices or receipts before making any payments. Avoid making payments over the phone without documented proof. - Seek Legal Advice:
It is advisable to consult with a lawyer who can help you navigate the situation, especially since a legal notice has been sent. They will be able to advise you on the proper course of action, whether that involves negotiating, contesting the debt, or preparing for potential legal action.