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I signed an agreement for an elective surgical procedure but…

I signed an agreement...

I signed an agreement for an elective surgical procedure but after researching reviews of the company, I have changed my mind. I made a deposit of $1250.00 by credit card for a 50% deposit. The procedure is scheduled for Feb 7, 2018. I am in Texas. They do not want to refund my deposit since I agreed to services. Thank you. Cindy

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Texas, purchased yesterday, charge on credit card is in pending status.

Lawyer's Assistant: Has anything been filed or reported?

No

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

I called my credit card company and they said I can’t dispute charge until it is paid and they have 15 days to refund before I can file a dispute of charges. Advised

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Answered in 8 minutes by:
1/20/2018
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Hi - my name is ***** ***** I’ll be glad to assist.You should review your service contract to see what it says about cancelling and obtaining a refund.Often, there is a cancellation fee....but you should have a right to claim your money back under the legal theory of unjust enrichment (meaning that the doctors office can’t benefkt for something it doesn’t do — basically, a claim that the doctors didn’t earn the money).
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However, the doctors office likely has a right to retain some of the money for the contract breach.....unless you have the right to cancel under your contract.
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Customer reply replied 7 months ago
Did you receive my response? It’s not showing here.
Customer reply replied 7 months ago
The agreement is confusing. May I forward a copy to you?
I don’t know if you can post it to the site or not. However, I’ll be glad to answer any question you have about it.
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Customer reply replied 7 months ago
I will try to post it
Customer reply replied 7 months ago
First and last page. See page 1 #4 then last page
Customer reply replied 7 months ago
This is not a doctor or a clinic with a nurse. Obviously it was an impulse purchase prior to proper research
on my part. Testimonials and reviews are bad.
Customer reply replied 7 months ago
Here is the rest of the agreement pg 2-6. (7 pages total)

The problem is that you've signed this contract.....agreeing to the terms they've set out. However, converse of that is you could sue and claim that the contract is unfair/unconscionable and that the money should be returned to you under a claim of unjust enrichment, and possibly other claims.

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Customer reply replied 7 months ago
Thank you. What about disputing my credit card charges? Would that be “theft of services” even though I haven’t received any services yet?

That said, you probably can't expect them to just give in.....instead, you're likely going to have to sue in order to make any progress.

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It's probably not a "theft of services" as that deals with deception, force or threat......which doesn't seem to apply here.

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Disputing the charge with the credit card company will probably result in them suing you for breaching the deal......so, you'll probably end up in litigation either way....if you can't resolve things.

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Customer reply replied 7 months ago
Okay. I have only paid half of the fee on the agreement as a deposit. They said the other half would be charged at the time of services. Can they still charge it if I don’t go in for services? Possibly I should cancel that card number or is that legal?

You can likely stop the other 1/2 from being charged without much trouble.....but getting the initial payment back is going to be your fight.

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Customer reply replied 7 months ago
Looks like trying for some resolution prior to litigation might be best. I may get my doctor to write a letter that he doesn’t recommend I have the procedure. That is an out clause on their side if their medical staff doesn’t approve me.

That would likely be best.....litigation is usually an expensive endeavor.

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Customer reply replied 7 months ago
Thank you very much for your help!

No problem and good luck with this.

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
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