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Home>Levelset Community>Legal Help>Is a service company like card lock fuel, allowed to overcharge you without your knowledge, admit to doing so, and then refuse to audit your account and refund you the correct amount of money? And then shut off your service without your knowledge?

Is a service company like card lock fuel, allowed to overcharge you without your knowledge, admit to doing so, and then refuse to audit your account and refund you the correct amount of money? And then shut off your service without your knowledge?

California

Our Card Lock provider for fuel told us we were set as Teir 3 in Feb 2017 when we signed up with them. June of 2018 I began as Manager or our company and I found that we were not getting that teir price but being overcharged every gallon as a "government fleet vehicle like a bus or school maintence truck". The fuel company is saying they do not have to audit our account and get us a correct refund back for the over payment because the company should have caught it when the first invoice came out a year and a half ago. though there is no way to know what the cost for your company is going to be because it is a fluctuating rate daily. they have issued us a credit of some random number and when asked for documentation on how they got that they said they were doing it to be nice and they didnt have to provide us anything or go back and audit the account. they just came up with a number that i believe is less than a third of what we are owed. they then without telling us turned off our account and we had trucks on jobs stuck at gas stations because our fuel cards did not work. they said they can do that as well and not tell us. we are now our of commission for the last 3 days because we have to sign up with a new company so our trucks can be fueled and run.

1 reply

Aug 24, 2018
I'm terribly sorry to hear that - it sounds like an extremely unfair situation. First, I should note that this is outside of our expertise here at the Construction Legal Center. Our expertise lies in payments for the performance construction work on job sites. However, it should be noted that when a party has turned their back on a signed contract and acted out of line with that contract, they may very well be liable if a breach of contract suit (or some other legal action) was taken. Further, when their alleged breach has resulted in other damages - like delay or shutdown damages - those amounts may also be recoverable by suit. Also note that the mere threat of suit is a powerful tool to bring another party to the bargaining table. As mentioned above, though, this is a little outside the scope of the Construction Legal Center, but there are other (free!) online services that may be helpful. For one, services like avvo.com, Justiaa, and FindLaw all have attorneys from all different practices and locations available to answer legal questions and potentially provide legal advice. Further, your local bar association may also be of service. Finally, while it wouldn't result in compensation for injuries that were sustained, filing a complaint with the Better Business Bureau or with the governmental body that provides licensing to this company could help others from avoiding the same fate. Plus, as a bonus, after a complaint has been filed some companies may be willing to negotiate for the removal of the complaint.
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