Legal Question in Consumer Law in California

Down payment wasen't taken off of loan amount

I had elective surgery and had it financed. The procedure cost $3980.00 and I was required to put a downpayment of 20%, which I did. When I received my first bill, it had a loan amount of $4000.00 plus interest. The finance co. has no record of a downpayment and the doctor's office has said they only have $400.00 on their records. I have both receipts for the 20% I gave them. Now the doctor's office says that the money they asked me to give is an extra charge for having the surgery financed. This was not disclosed to me when I was giving them the money. My $3980 surgery has turned into a $4800.00 one. Do I have a case of bad business practice?


Asked on 2/14/02, 4:21 pm

3 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Down payment wasen't taken off of loan amount

Or fraud.

In order for you to be responsible for anything, they would have had to have you sign loan papers of some kind. They would probably loose in court without them.

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Answered on 2/14/02, 4:30 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Down payment wasen't taken off of loan amount

It is simpler than than. You just dont owe the extra $400 and should not pay it.

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Answered on 2/14/02, 5:12 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Down payment wasen't taken off of loan amount

Even better, they have violated the Unruh Act which has strict disclosure requirements whenever you obtain financing. Not only are you entitled to not have to pay the debt, but if they continue to seek payment you can sue them for violation of the Fair Debt Collection Practices Act. So, how do you like that? But you might want to use a law firm like mine to assist you.

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Answered on 2/14/02, 8:48 pm


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