Case against utility co for charges after leaving an address?

[phoenyx]

I am going to be filing personal bankruptcy soon and closing my S-Corporation. First, I'm going after any refunds that my S-Corporation might be able to get.

Specifically, my company was evicted from its location as of July 3, 2006. Along with several other companies, I called my electric and gas company and told them we had been evicted and would no longer be at the address.

They continued to automatically bill my bank account for service in July 2006 ($157.37), August 2006 ($108.76), and September 2006 ($131.78). They also have amounts outstanding for November 2006 and December 2006 (total $150.10, unpaid.)

They say they have no records that I told them we were leaving the address. I don't have any proof that I informed them. They say that they hold a customer responsible for paying for service at the address, even after they are gone, unless they are told to shut the service off.

They told me the only way I could get a refund is if I contact my former landlord and convince them to take responsibility for those few months. I'm not on good terms with my previous landlord, of course, so this option isn't viable.


Do I have any type of case in small claims court to have the $397.91 that was charged to my bank account returned to me, or am I out of luck on this one?

[emoney]

You have a weak case against the utility and your former landlord. Your problem is you have not written proof of your call to cancel your service. Yet, you continued to see the amounts deducted from your bank accounts.
Your cause of action againt your former landlord is usjust-enrichment, and the utility breach of contract.
I hope this helps.
regards,
emoney

[FreshLikeADaisy]

phoenyx, if you called from your cell, the record of the call would be on that month's bill as well as the outgoing call log on the phone. If you called from a landline, it's recent enough that you may be able to call the phone co and get usage details for that month. Now, it's not proof that you asked them to disconnect, but it IS proof that you actually called. Good luck!

[phoenyx]

You have a weak case against the utility and your former landlord. Your problem is you have not written proof of your call to cancel your service. Yet, you continued to see the amounts deducted from your bank accounts.
Your cause of action againt your former landlord is usjust-enrichment, and the utility breach of contract.
I hope this helps.
regards,
emoney

Thanks for the caust of action, I haven't heard of the term unjust-enrichment before. Any suggestions on the delima of weak case for $397.91 against the filing fees of small claims? I'll have to re-read the contract and see if I'm in an arbitration agreement, which I likely am. Not sure if those stick or not.

phoenyx, if you called from your cell, the record of the call would be on that month's bill as well as the outgoing call log on the phone. If you called from a landline, it's recent enough that you may be able to call the phone co and get usage details for that month. Now, it's not proof that you asked them to disconnect, but it IS proof that you actually called. Good luck!

I will look into my cell bills and call my landline phone company. The call was back in July 2006, so I'm not sure if they'll have usage details that far back.