Unauthorized Charge to Debit Card

[emfs]

What is the name of your state? Florida
Newbie here so if this has been tackled before please forgive me.
We had our son seeing a therapist who had been recommened by the family Dr. He would meet us after hours in the back office of a local peditrician away from his regular office. He was charging us a $45 "Co-Pay" per visit which we always paid my check that he had us make out to him directly. On one visit my wife forgot the check book so she gave him the debit card. A couple of weeks later we cancelled 2 appt's in a row on short notice. My son was sick on the first one and we crossed up another appt with the orthodontist on the second one. We left messages both times and asked him to please call us which he didn't do. On the following week he didn't show up for the appt and again did not return our calls. A couple of weeks later he charges that debit card for the two missed visits. $90. I again called him and left a message which he failed to return. After waiting 2 days I disputed the charge and the bank returned the money to my account. I have now received a letter from him threatening to charge us the "Regular" rate of $170 per if we don't pay him the $90 plus a $35 service fee he incurred from his bank. He is also threatening legal action to recoup the money and cc'd an attorney on the matter. We were never told of or given any kind of cancellation policy and it is not posted anywhere. How would you handle this? By the way he claims we only gave him one hour's notice which is not true and I can pull my cell records to prove it. It was more line 7 hours the first time and maybe 3 or 4 hours the 2nd time.

[IrishNodak]

What is the name of your state? Florida
We had our son seeing a therapist who had been recommened by the family Dr. He would meet us after hours in the back office of a local peditrician away from his regular office.

Why? Was there a reason you couldn't go to his office? Seems odd to meet you both "after hours" and away from his place of business.

He was charging us a $45 "Co-Pay" per visit which we always paid my check that he had us make out to him directly.

Is that the amount your insurance company requires? Was he billing your insurance company for the rest?

On one visit my wife forgot the check book so she gave him the debit card. A couple of weeks later we cancelled 2 appt's in a row on short notice. On the following week he didn't show up for the appt and again did not return our calls. A couple of weeks later he charges that debit card for the two missed visits. $90. I again called him and left a message which he failed to return. After waiting 2 days I disputed the charge and the bank returned the money to my account. I have now received a letter from him threatening to charge us the "Regular" rate of $170 per if we don't pay him the $90 plus a $35 service fee he incurred from his bank.

There wouldn't be a "regular" co-pay of $170. The co-pay is the amount your insurance company requires you to pay. Have you reported this to them? Most physicians offices state that you will be charged for missed appts. if they are not cancelled 24 hours prior to your appt. It's usually posted in their office and sometimes on appt. cards you are given like our chiropractor does. But of course you didn't meet in his office.

He is also threatening legal action to recoup the money and cc'd an attorney on the matter. We were never told of or given any kind of cancellation policy and it is not posted anywhere. How would you handle this?

I think you rightfully owe him the money since twice he went out of his way to drive to a different location after his normal work day. He probably waited for you as well. You have no idea if/when he got your cancellation messages.

Legally, he will sue you and very possibly will win. Do you really want to argue over $125?

On a side note, it's not going to help your son with whatever issue it is, if you keep missing appts. I understand the illness reason, but perhaps you should have rescheduled the orthodontist instead of cancelling the therapy.

[carusoswi]

This is an old post, so, perhaps no one is still following it. IrishNodak, are you an attorney? I'd be curious to know the answer to the poster's question more than your opinion as to whether the good doctor is entitled to compensation for his time. He probably is entitled to some compensation, but the OP's question is whether he has the right to retain a record of a client's debit card information and make use of it to withdraw money from the client's bank account without notifying the client or obtaining the client's authorization.
Caruso

Originally Posted by IrishNodak

Why? Was there a reason you couldn't go to his office? Seems odd to meet you both "after hours" and away from his place of business.




Is that the amount your insurance company requires? Was he billing your insurance company for the rest?



There wouldn't be a "regular" co-pay of $170. The co-pay is the amount your insurance company requires you to pay. Have you reported this to them? Most physicians offices state that you will be charged for missed appts. if they are not cancelled 24 hours prior to your appt. It's usually posted in their office and sometimes on appt. cards you are given like our chiropractor does. But of course you didn't meet in his office.




I think you rightfully owe him the money since twice he went out of his way to drive to a different location after his normal work day. He probably waited for you as well. You have no idea if/when he got your cancellation messages.

Legally, he will sue you and very possibly will win. Do you really want to argue over $125?

On a side note, it's not going to help your son with whatever issue it is, if you keep missing appts. I understand the illness reason, but perhaps you should have rescheduled the orthodontist instead of cancelling the therapy.

[cyjeff]

Originally Posted by carusoswi

This is an old post, so, perhaps no one is still following it. IrishNodak, are you an attorney? I'd be curious to know the answer to the poster's question more than your opinion as to whether the good doctor is entitled to compensation for his time. He probably is entitled to some compensation, but the OP's question is whether he has the right to retain a record of a client's debit card information and make use of it to withdraw money from the client's bank account without notifying the client or obtaining the client's authorization.
Caruso

You resurrected a two year old post just to chastise someone that no longer posts for something he said to a poster that has never been back?

While I agree more should have been said, the time for that is long past.

[IrishNodak]

Originally Posted by carusoswi

This is an old post, so, perhaps no one is still following it. IrishNodak, are you an attorney? I'd be curious to know the answer to the poster's question more than your opinion as to whether the good doctor is entitled to compensation for his time. He probably is entitled to some compensation, but the OP's question is whether he has the right to retain a record of a client's debit card information and make use of it to withdraw money from the client's bank account without notifying the client or obtaining the client's authorization.
Caruso

Actually, the OP question was

Originally Posted by emfs;

How would you handle this?

Which I answered with an opinion. If he had asked the question you posed, then my opinion would have been no, I don't believe the doctor has a right to go in and take the money unauthorized and I too would have disputed the charge based on that.

Originally Posted by cyjeff;

You resurrected a two year old post just to chastise someone that no longer posts?

Cyjeff, I do indeed still post. I just don't post on every topic like some other senior posters do. I read the forum all the time and post if I have an opinion, or if I feel I can offer something in a situation I've dealt with.