Attorneys: Am I bound by this contract? Can I get my money back?

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  • STerasedU
    SBR High Roller
    • 05-21-18
    • 139

    #1
    Attorneys: Am I bound by this contract? Can I get my money back?
    Meet with this chiropractor and he basically signed me up for 32 appointsment at $50 each for $1600 total. Well he is not making me better and I already paid the money up front and signed something. Can I get my money back because I still have about 25 appointments to go to in NY.
  • cincinnatikid513
    SBR Aristocracy
    • 11-23-17
    • 45365

    #2
    love when chiropractors call themselves doctors
    Comment
    • VeggieDog
      SBR Hall of Famer
      • 02-21-09
      • 7206

      #3
      You lost me at word #4 - chiropractor.

      Comment
      • VeggieDog
        SBR Hall of Famer
        • 02-21-09
        • 7206

        #4
        Originally posted by cincinnatikid513
        love when chiropractors call themselves doctors
        Comment
        • Optional
          Administrator
          • 06-10-10
          • 62223

          #5
          Originally posted by STerasedU
          Meet with this chiropractor and he basically signed me up for 32 appointsment at $50 each for $1600 total. Well he is not making me better and I already paid the money up front and signed something. Can I get my money back because I still have about 25 appointments to go to in NY.
          It will depend on where you are and the terms of the contract.

          But have you asked him?

          He might do a deal to refund part of it.

          Or try the local better business bureau for advice maybe.
          .
          Comment
          • STerasedU
            SBR High Roller
            • 05-21-18
            • 139

            #6
            Originally posted by Optional
            It will depend on where you are and the terms of the contract.

            But have you asked him?



            He might do a deal to refund part of it.

            Or try the local better business bureau for advice maybe.
            Nope I haven't asked him yet, I'm gonna give it another 5+ appointments. The thing is I'm desperate, I woke up almost 1.5 years ago with a ****** up neck and jaw and tinnitus. The first 3 months last summer I only slept 75 hours total.

            I think I should be able to get my money... If he won't give it to me I will tell him my lawyer will be contacting him.

            I'm not saying hes horrible, I'm saying hes only knows 1 method. He's an upper cervical chiropractor. I have a messed up neck and my occiput is rotated. Until my occiput gets fixed, his 1 trick pony technique isn't gonna work.

            This guy has a racquet going. I've had about 6 appointments so far and 2 of them he's done nothing because I'm in "alignment' according to this quick nerve test he does on the back of ur neck with a machine.

            Comment
            • VeggieDog
              SBR Hall of Famer
              • 02-21-09
              • 7206

              #7
              Damn Dude, get yourself to an MD. Stop screwing with this wannabe.
              Comment
              • STerasedU
                SBR High Roller
                • 05-21-18
                • 139

                #8
                Originally posted by Optional
                It will depend on where you are and the terms of the contract.

                But have you asked him?

                He might do a deal to refund part of it.

                Or try the local better business bureau for advice maybe.
                I'm in NY... Oh I will get my money back or else. No breakage here. I will run a smear campaign against him.. THis guy only is there 20 hours a week and has 2 secretaries, a finance manager, 2-3 kid assistants helping him and taking notes and another chiropractor. He also does speeches to other chiropractors for I'm guessing $300 a pop and say there's 50 chiro's there that's 15k.
                Comment
                • STerasedU
                  SBR High Roller
                  • 05-21-18
                  • 139

                  #9
                  Originally posted by VeggieDog
                  Damn Dude, get yourself to an MD. Stop screwing with this wannabe.
                  When this first happened I was in and out of the hospital for 3 weeks and they tricked me into going into the loney bin. I was at the hospital bc I couldn't sleep. My diagnosis was easy being TMJ and a messed up neck that lead to tinnitus. I sleep now and got use to the mild tinnitus, but I went to this chiro to try to cure the tinnitus. The hospital made me worse and they don't know shit. I've been to my personal dr. probably 8 times since and at 1 point they said we don't know whats going on and we can no longer help you. Now I just get shit muscle relaxers from them.. The only person that figured out what was wrong with me was this 70 year old ENT and I figured out myself.
                  Comment
                  • STerasedU
                    SBR High Roller
                    • 05-21-18
                    • 139

                    #10
                    Originally posted by VeggieDog
                    Damn Dude, get yourself to an MD. Stop screwing with this wannabe.

                    I'm guessing you're probably young and never been to the hospital? I am 37 years old and its a joke...
                    Comment
                    • STerasedU
                      SBR High Roller
                      • 05-21-18
                      • 139

                      #11
                      Originally posted by Optional
                      It will depend on where you are and the terms of the contract.

                      But have you asked him?

                      He might do a deal to refund part of it.

                      Or try the local better business bureau for advice maybe.
                      Yeah I'm gonna give it some more time, but when I have 15 appointments left and I'm not better or getting better, I'm done. I will then want to be refunded for 15 appts at $50 each, so that's $750 I will want as a refund. THis assclown is prob netting 300k a year.
                      Comment
                      • Optional
                        Administrator
                        • 06-10-10
                        • 62223

                        #12
                        You may be better to spend $2500 on a tinnitus cancelling hearing aid if that's the main thing stopping your sleeping. To get some immediate relief.

                        And then deal with the neck pain separately.

                        I have had level 8 tinnitus for years. I play music or the tv when trying to go to sleep and that seems to help.

                        Also, if you happen to be taking blood thinners or anything with aspirin in it, that can make tinnitus worse.
                        .
                        Comment
                        • VeggieDog
                          SBR Hall of Famer
                          • 02-21-09
                          • 7206

                          #13
                          Originally posted by STerasedU
                          I'm guessing you're probably young and never been to the hospital? I am 37 years old and its a joke...
                          Nope. I'm 56 years old. Open heart surgery and Leukemia. Go ahead and screw around with the amateur wannabes, but I'll stick to the professionals.
                          Comment
                          • VeggieDog
                            SBR Hall of Famer
                            • 02-21-09
                            • 7206

                            #14
                            Good Night Now!
                            Comment
                            • maggiethebestdog
                              SBR Hall of Famer
                              • 12-21-13
                              • 6700

                              #15
                              Legally, a retarded person cannot enter into a binding contract

                              Anyone that would give a chiropractor $1600 up front and sign a contract is obviously retarded

                              Your welcome
                              Comment
                              • captrobey
                                BARRELED IN @ SBR!
                                • 09-02-10
                                • 34395

                                #16
                                Medicare itself with a Medicare Supplement will not cover them because they do not consider them real doctors. You will probably not get out of that unless it is a very understanding One and lets you out of it. But i would not approach this with "You are not making me better" . Try playing the sympathy card and just say you thought you could but turns out you cannot afford this . If he is a decent guy maybe he will let you out of it or at least renegotiate and give you a break with a discount or something.
                                Comment
                                • The Kraken
                                  BARRELED IN @ SBR!
                                  • 12-25-11
                                  • 29085

                                  #17
                                  An attorney????



                                  How much do you think you’re gonna spend on an attorney? YOu’ll lose money this way. And for the peanuts you’ll be paying the attorney he/she wont give two fukks about your case. You’ll probably end up paying the attorney $1000 and then still owe the chiro $750

                                  Anf you’ll still have neck pain and tinnitus
                                  Comment
                                  • bhoor
                                    SBR MVP
                                    • 12-17-12
                                    • 2259

                                    #18
                                    Originally posted by The Kraken
                                    An attorney????



                                    How much do you think you’re gonna spend on an attorney? YOu’ll lose money this way. And for the peanuts you’ll be paying the attorney he/she wont give two fukks about your case. You’ll probably end up paying the attorney $1000 and then still owe the chiro $750

                                    Anf you’ll still have neck pain and tinnitus
                                    Lol! Some lawyers charge $1000 just for a letter.
                                    Comment
                                    • STerasedU
                                      SBR High Roller
                                      • 05-21-18
                                      • 139

                                      #19
                                      Originally posted by Optional
                                      You may be better to spend $2500 on a tinnitus cancelling hearing aid if that's the main thing stopping your sleeping. To get some immediate relief.

                                      And then deal with the neck pain separately.

                                      I have had level 8 tinnitus for years. I play music or the tv when trying to go to sleep and that seems to help.

                                      Also, if you happen to be taking blood thinners or anything with aspirin in it, that can make tinnitus worse.
                                      I have reactive tinnitus so my sound tinnitus goes up with sound. My T is mild like a level 2 or 3 now. I can't smoke weed or it goes way up or if I have certain things to eat it goes up. I have been sleeping normal now for like 1 year. I just want to be back to normal. Sorry about ur T man, no one realizes how bad it is. I think there is gonna be a good treatment (not cure) in a couple years.
                                      Comment
                                      • STerasedU
                                        SBR High Roller
                                        • 05-21-18
                                        • 139

                                        #20
                                        Originally posted by maggiethebestdog
                                        Legally, a retarded person cannot enter into a binding contract

                                        Anyone that would give a chiropractor $1600 up front and sign a contract is obviously retarded

                                        Your welcome
                                        Not retarded just desperate to get back to normal. I've read online that many people with somatic (neck, jaw) tinnitus were helped by upper cervical chiro. Maybe I will be helped soon also by this chiro with the raquet going. $1600 is nothing to me and I told myself this was the last time and last amount of money that I will be spending on trying to get back to normal. Maggie ur the retard, u have 3,679 on this degenerate site.
                                        Comment
                                        • Optional
                                          Administrator
                                          • 06-10-10
                                          • 62223

                                          #21
                                          Originally posted by STerasedU

                                          I have reactive tinnitus so my sound tinnitus goes up with sound. My T is mild like a level 2 or 3 now. I can't smoke weed or it goes way up or if I have certain things to eat it goes up. I have been sleeping normal now for like 1 year. I just want to be back to normal. Sorry about ur T man, no one realizes how bad it is. I think there is gonna be a good treatment (not cure) in a couple years.
                                          I've had years of practice but found the most effective thing is to refuse to think about it when you notice it. Concentrating on it is what can drive you batty.

                                          I test as having perfect hearing but am like a half deaf person it's so loud and affects my hearing so much. It could badly affect my life if I let it but most people who know me don't even know I suffer with it as I never speak of it. Even typing this is making it drill into my brain suddenly! lol
                                          .
                                          Comment
                                          • thomorino
                                            Restricted User
                                            • 06-01-17
                                            • 46053

                                            #22
                                            The relevant law here is reliance theory in contract law.

                                            If you sign a futures contract - defined as a contract to perform servies at some future date of the time the contract is signed.

                                            When a contract is signed courts look at consideration and reliance - what was exchanged in the contract and what reasonable expenses did the parties incur as a result of the contract.

                                            There is no consideration here since you paid the doctor money and got nothing for the payments at the time of the contract - the payments were obviously for future service.

                                            The Courts will then look at reliance. What if any expenses did the doctor occur that were reasonable as a result of the contract that the parties signed. Example: if you put 50K down to build a 300k home - 150k in building materials would be an examples of reasonable expenses.


                                            In this case there is no reason to believe a popular chiropractor incurred any extra expenses because of the contract you signed with him. The only possible kind of restitution or damages the court would look at would be if the doctor lost the ability to find patents to see at the time you were going to see him - not an issue if you cancel in advance since he's obviously a popular chiropractor.

                                            The Court would find that the doctor incurred no financial loss as a result of the cancellation of this contract and since their was no consideration at the time it was signed you should be able to cancel the contract without any damages unless there is a specific provision in the contract that discusses damages.
                                            Comment
                                            • thomorino
                                              Restricted User
                                              • 06-01-17
                                              • 46053

                                              #23
                                              This is not a case you would hire an attorney for - you would go to small claims court- where attorneys are not allowed - since its obviously under 5k.
                                              Comment
                                              • Foxx
                                                SBR Hall of Famer
                                                • 05-25-11
                                                • 5816

                                                #24
                                                Good stuff Themorino.

                                                STerasedU, seems like you got yourself a lawyer.
                                                Comment
                                                • STerasedU
                                                  SBR High Roller
                                                  • 05-21-18
                                                  • 139

                                                  #25
                                                  Originally posted by thomorino
                                                  The relevant law here is reliance theory in contract law.

                                                  If you sign a futures contract - defined as a contract to perform servies at some future date of the time the contract is signed.

                                                  When a contract is signed courts look at consideration and reliance - what was exchanged in the contract and what reasonable expenses did the parties incur as a result of the contract.

                                                  There is no consideration here since you paid the doctor money and got nothing for the payments at the time of the contract - the payments were obviously for future service.

                                                  The Courts will then look at reliance. What if any expenses did the doctor occur that were reasonable as a result of the contract that the parties signed. Example: if you put 50K down to build a 300k home - 150k in building materials would be an examples of reasonable expenses.


                                                  In this case there is no reason to believe a popular chiropractor incurred any extra expenses because of the contract you signed with him. The only possible kind of restitution or damages the court would look at would be if the doctor lost the ability to find patents to see at the time you were going to see him - not an issue if you cancel in advance since he's obviously a popular chiropractor.

                                                  The Court would find that the doctor incurred no financial loss as a result of the cancellation of this contract and since their was no consideration at the time it was signed you should be able to cancel the contract without any damages unless there is a specific provision in the contract that discusses damages.
                                                  Ok sounds good for me. So how should I go about this? Should I tell him hes making me worse?? Are u an attorney?
                                                  Comment
                                                  • jtoler
                                                    BARRELED IN @ SBR!
                                                    • 12-17-13
                                                    • 30982

                                                    #26
                                                    tons of stuff doctors cant help you with. people tend to think theyre gods or something, hospital industry is a racket in itself, theyre drug dealers, few cures ever.
                                                    Comment
                                                    • STerasedU
                                                      SBR High Roller
                                                      • 05-21-18
                                                      • 139

                                                      #27
                                                      Originally posted by thomorino
                                                      This is not a case you would hire an attorney for - you would go to small claims court- where attorneys are not allowed - since its obviously under 5k.
                                                      Yeah I figured that.. The funny thing is I go every Monday for the next 2 months and out of those 8 or so appts if I'm in "adjustment" he does nothing. That makes sense but why sign me up for 30+ appointments.
                                                      Comment
                                                      • thomorino
                                                        Restricted User
                                                        • 06-01-17
                                                        • 46053

                                                        #28
                                                        Originally posted by STerasedU
                                                        Ok sounds good for me. So how should I go about this? Should I tell him hes making me worse?? Are u an attorney?
                                                        I am an attorney but I haven't seen the contract or talked to you and I wouldn't be comfortable telling you how to proceed. I'm just telling you that based on what you typed if you want to get out of the contract it would cost you nothing unless there was a specific damages provision in the contract - usually there is not in contracts like this.
                                                        Comment
                                                        • thomorino
                                                          Restricted User
                                                          • 06-01-17
                                                          • 46053

                                                          #29
                                                          Originally posted by STerasedU
                                                          Yeah I figured that.. The funny thing is I go every Monday for the next 2 months and out of those 8 or so appts if I'm in "adjustment" he does nothing. That makes sense but why sign me up for 30+ appointments.
                                                          People forget that doctor's offices are businesses too - they'll sign you up in advance so you are more likely to come.
                                                          Comment
                                                          • STerasedU
                                                            SBR High Roller
                                                            • 05-21-18
                                                            • 139

                                                            #30
                                                            Originally posted by thomorino
                                                            I am an attorney but I haven't seen the contract or talked to you and I wouldn't be comfortable telling you how to proceed. I'm just telling you that based on what you typed if you want to get out of the contract it would cost you nothing unless there was a specific damages provision in the contract - usually there is not in contracts like this.

                                                            No the contract basically just said $1600 for 30 appointments. The contract was very basic and was just a payment plan... Should I tell him or his "finance manager" that hes making me worse? Or make an excuse not to come in any more?
                                                            Comment
                                                            • STerasedU
                                                              SBR High Roller
                                                              • 05-21-18
                                                              • 139

                                                              #31
                                                              Originally posted by jtoler
                                                              tons of stuff doctors cant help you with. people tend to think theyre gods or something, hospital industry is a racket in itself, theyre drug dealers, few cures ever.
                                                              Yeah the hospital is a joke, it made me worse for real. They couldn't even figure out I had TMJ.
                                                              Comment
                                                              • The Kraken
                                                                BARRELED IN @ SBR!
                                                                • 12-25-11
                                                                • 29085

                                                                #32
                                                                Best cardiologist I’ve ever worked with gave me some great advice about living a long, healthy life

                                                                ”Stay out of hospitals and doctors offices”

                                                                I didn’t really believe him at the time, now I get it.
                                                                Comment
                                                                • STerasedU
                                                                  SBR High Roller
                                                                  • 05-21-18
                                                                  • 139

                                                                  #33
                                                                  Originally posted by The Kraken
                                                                  Best cardiologist I’ve ever worked with gave me some great advice about living a long, healthy life

                                                                  ”Stay out of hospitals and doctors offices”

                                                                  I didn’t really believe him at the time, now I get it.
                                                                  Haha Roy Jones best ever. Did u have him against John Ruiz -160? Talk about stealing.
                                                                  Comment
                                                                  • Chi_archie
                                                                    SBR Aristocracy
                                                                    • 07-22-08
                                                                    • 63182

                                                                    #34
                                                                    Hope you get the Tintinits figured out and get some sleep

                                                                    that sound horrible
                                                                    Comment
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