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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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I work plastic surgery company in Newport Beach. We had

Customer Question

I work for a plastic surgery company in Newport Beach. We had signed up with a financing company for our patients to use called "EPS". Their representative came out and set up all the terminals we would need to use them. When we first noticed the terminal didn't work, the rep advised us just to call him for each patient and he would do it manually for us. We then started receiving charged for $165.00 a month which we called to figure out why and were told in our contract we agreed to purchase this terminal from an outside vendor and this was financed through bryn mar funding bank. This was something we were not aware of nor would have agreed to purchase any type of terminal but I guess it was in the small print. Long story short we called over 40 times telling them the terminal didnt work. We never received one call back from them or offered any resolution. We didnt feel we should have to pay for a service that was never rendered. Since then that financing company let go of the man who set up our account and also never returned our calls for help. Apparently we had 22 more months of paying $165 monthly for a product we that was never in working condition. The balance was paid in full with threats to put us in collections if we didn't. But again, when we advised them the product was broken they just took a message with no follow up. Out of options, we reached out to the bank to do a charge back since we could not get any type of response from the company. We just received notice they are now suing us for doing the charge back and they expect us to also pay all attorney fees. Do we have any rights in this case is the service we agreed to was never rendered?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
As of now, if their equipment is not working they are in breach of contract and as such you are entitled to a refund of all charges paid to them for the time when their service did not work. You need to send them a letter terminating your contract based on their breach of contract and their continued refusal to make repairs. Tell them you demand a refund of your payments since their service did not work and if they refuse you can tell them they will pursue legal action against them.
If they refuse to cancel the contract and refuse to refund your money, then you can file suit against them in small claims court without an attorney to recover your money.
Customer: replied 1 year ago.
We were told that in the contract in small print it says we are obligated to pay even if the equipment doesn't work. Would you be able to review the contract? And are you able to write the letter terminating our contract on letterhead? They are giving us until Friday or they will pursue legal action against us...And since we paid Brynn Mar which is techinally a bank that just funded the we reverse the charge back and go after EPS? or is Brynn Mar responsible since this is where our payment went to?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I can look at the contract to see what it says. We cannot write letters or represent anyone from this site, you would need to get a local attorney to do that part.
You would have to go after the party that provided the equipment to you, since it is their equipment that is causing you the issue.