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I had been going to a dentist for years. I always paid for…

I had been going...

I had been going to a dentist for years. I always paid for my visit at the end of the appointment. My last apointment with him was for a crown. He said i should come back for follow up when I had a chance. He said it was $750 for the appointment I had and advised that the follow up appointment would also be $750. I paid him $750 for the appointment i had. I never made a second appointment due to personl life issues and never saw then dentist again. A few years later I am refinancing my mortgage and discover he put me in for collection for the appointment that I never made or came back for

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NY

Lawyer's Assistant: What steps have you taken so far?

I disputed with the credit agencies that I never had the appointment that he has me in for collection for. 1 service removed the item from my history. the other two said that it was verified with the colllection agency and left it on

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I tried to speak with the dentist about it and he referred me to his office manager and said that he would not discuss the issue unless i paid the bill in full first

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

The deintist claims that the procedure rthat i had done was $1500 and that it took 2 visits to do. he said he let me pay for haff at the first viisit but i owed another $750 even though i never reutruned for thw second visit. and i never got the crown

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Customer reply replied 4 months ago
anyone there?
Customer reply replied 4 months ago
Is this working? I don't know if I am supposed to do anything further.
Answered in 8 hours by:
3/15/2018
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,785
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you had paid for everything and never made an appointment, the next step is writing the dentist informing him that his report is a violation of the Fair Credit Reporting Act and that if he does not remove the false report within 30 days, you will file suit against him and his collection agency for false reporting under the FCRA and you will seek damages plus attorney's fees as provided for under the law.

If he does not remove the charge, then your final option is you have to sue him for violations of the FCRA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,785
Experience: Attorney experienced in commercial litigation.
Verified
Law Educator, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 4 months ago
BTW... how can i get it removed from my credit history. i am applying for a refinance and this item has affected my score. i need to get it off sooner rather than later. One bureau removed it when i disputed the other two said the dentist "verified the charge". He showed them a bill for $1500 and my payment for $750.

Thank you for your reply.

You have to file suit as I said above. You already filed your complaint to remove the incorrect record, since the dentist now disputes it, the only way to get it removed would be to sue and get a court order to remove it.

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Customer reply replied 4 months ago
Once it goes to court how do I prove my case. He claims it was $1500 but he let me pay half at the first appointment. I say it was $750 for each appointment and the second one was never made. Where is the burden of proof?

Thank you for your reply.

If the crown was installed and the cost was $1500, then whether you went to the second appointment or not, the cost of the crown is the cost, so that is up to you to show from your paperwork.

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Customer reply replied 4 months ago
the crown was never installed. he still has it or threw it away. he told me it woud be $750 for each appointment

Thank you for your reply.

I am afraid if there was an agreement to make the crown and he did make it, since he could not use it for anyone else, legally he would be able to charge you for it. The dentist has to pay for crowns to their lab so if you got a crown and then failed to follow through to have it installed that does not mean you should not pay for it since it cannot be reused or sold to anyone else.

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Customer reply replied 4 months ago
the dentist did not explain any of this to me. I thought the temporary crown he put in was the crown. i thought the follow up appointment was for shaping it or sealing it or something and was largely optional. I see in his notes that he had my wrong phone number, so when his office manager made all these calls to collect before putting in for collection, he wasn't reaching me. He sent me a copy of his notes which shows he kept calling(###) ###-####which is one digit off so I don't know who he had been calling. I got one invoice in the mail to which i responded that I would pay the $750 when i went in for my second visit - which was my plan. It was only due to serious life events that I didn't get to go back for a while and then discovered that i was referred for collection. The $750 that I did pay him certainly covered the crown and at least part of his labor. He put me in for collection without notifying me (as he had my wrong number), he never called to let me know that i should come in clinically because i had only a temporary crown that wouldn't last, so he demonstrated no interest in my dental health, just his own financial health. I offered to come in and have the permanent crown put in and that I would pay him the $750 then or i offered to pay half the $750 and call it even without a second appointment. He refused to speak with me and just referred me to his office mananger who rejected all my offers of resolving this. He would only accept full payment first and only then discuss finisihing the work which he said would cost even more.
Customer reply replied 4 months ago
Not that it is relevant per se, but i found out that he was overcharging me for the crown and overcharging me all along. i spent several years going to him for maybe 6 appointments and paid him almost $18,000 during that time. I always paid for each visit at each visit to avoid such a dilemma. I gave him a bad score on yelp and he replied that i always neglected my teeth and didn't come for follow up and that is why my teeth were so bad. i believe this violates HIPAA in a very serious way.This is him: https://nypost.com/2013/10/06/dentist-groped-employees-and-patients-lawsuit/
Customer reply replied 4 months ago
This is yelp page. https://www.yelp.com/biz/excel-dentistry-new-york
You'll see my review of him and his response to my bad review which seems like it violates my privacy under HIPAAhttps://www.yelp.com/biz/excel-dentistry-new-york?hrid=16qPTfgdSZCj_A-h4MaSOQ&utm_campaign=www_review_share_popup&utm_medium=copy_link&utm_source=(direct)
Customer reply replied 4 months ago
I almost forgot. I paid him $2000 for a tooth implant. That was the whole cost on adavnce. He put in the post into my jaw and when i went back to screw the actual tooth in he said it was too early and to come back in two months. I was never able to go back so he stilll has my $2000 tooth. So it is HE who actually owe me.

Thank you for your reply.

It does not violate HIPAA. Once you posted the bad review about his services, you gave him tacit permission to disclose the information. You should NEVER leave bad reviews about a doctor, since they can then refute the claims without violating HIPAA.

Unfortunately, who should bear the cost of the money he paid to have your crown made, him? At this point, if you paid for another crown you did not receive, then you can sue him for that, but I am afraid that if he made the other crown and you never paid him in full you owe him. Also, what the dentist charges is negotiable, once you agreed to use this dentist you agreed to his prices and there really is no such thing as them over charging, since they set their own pricing.

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Customer reply replied 4 months ago
A doctor can publish my medical history if I leave a bad review? I did not know that. I agree that I owe what I owe and am not quibbling over the charges even if they are high i will pay what I agreed to. My issue is with the fact that 1) he put in for collection without actuallly reaching me. He shows all these calls his manager made but they were to a wrong number.. 2). I was still intending to go back for the 2nd appointment and pay for it at that time. The time limit he placed was a bit arbitrary. 3) ed to come for the appointment and pay for second visit if he took the charge off my credit history, i offered to pay whatever % of the remaining $750 that he thought was fair, to cover the crown and the work he had done thus far. he could tell me how much nd i would pay it, but not 100% since he had not done 100% of the work. he refused nothing but full payment of the entire balance before even a discussion.
Customer reply replied 4 months ago
Some portion of that $750 that he put me in for collection for was not owed to him, and he didnt make an effort to contact me before going to a collection agency. he had my wrong phone number but could easily have gotten the correct one.
Customer reply replied 4 months ago
I tried to work it out and tried to be more than fair. Given that you now know the whole situation, what would you do in my shoes. I would like to get the item off my credit report asap so i can refinance before rates go higher and would like to get the $2000 tooth implant i already paid him for. That and keep my dignity. He has been talking badly about me to other people which i recently heard.

Thank you for your reply.

You accused him of bad treatment and he had a legal right to defend himself saying the treatment was not bad. You fired the first shot at him, so you put him under the safe harbor that he can respond to defend himself.

I understand every argument you are making, there is a 6 year statute of limitations to collect on this debt, so he has up to 6 years to sue to collect. Quite honestly I would contact him and tell him you will pay but you want him to put the implant in. You are quibbling over $750, it is hardly worth going to court and wasting your valuable time over that.

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Customer reply replied 4 months ago
i didn't accuse him of bad treatment, i accused of bad billing practices. I'm not concerned about HIPAA violations. I just think its wrong for him to put my account in for collections after years of paying his fee at each visit, him not contacting me first, expecting me to pay the full $750 before he will even discuss what happens after that, demanding an amount that is greater than what he provided, He did not do the work that would have been done at the second appointment, even including the cost of the crown, the balance due should still be less than $750. Especially considering that he has my $2000 for the implant I still haven't gotten. Its the principle I object to/. My primary objection is that he is charging me for work that has not yet been completed and that he put that charge in for collection without contacting me and refuses to discuss unless I pay in full first. I am reluctant to provide a payment of $750 and have that be the result of his actions. I agree that its not worth the cost to my credit rating nor is it worth the cost of time going to court. How much is it worth to subjugate my sense of justice and pay him in response to his unfair actions? I really don't know. Is it better to pay the $750 to the collection agency if they agree to take it off my history? at least he will only get a portion of the amount. I think the collection agency willl agree to that.

Thank you for your reply.

Quite frankly, for the $750, it could end up costing you thousands in legal fees if he sues for the debt. The most common sense and economical means of dealing with this is paying the $750 and then suing for breach of contract on the implant.

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Customer reply replied 4 months ago
better to pay the collection agency or him?
i took down the yelp reviews btw. they had been up long enough.

Thank you for your reply.

You have to pay the collection agency if it was turned over to them. You also need to contact the dentist about the $2000 crown you never received.

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And about the $1500 one you are now paying for. You are entitled to both of those.

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