Ripped off?

[Don]

I tried to reason with them, asked them to show proof that that is what they paid for those aids, or proof that is what they would cost them to replace them and I would gladly reimburse them that amount. Of course they refused to show me any proof of their actual cost, as many people said they would.

Hate to spend money on a lawyer, which will probably end up being more than the cost of replacing an aid. I know I will win in court,

Just to get a lawyer to write them a letter, offering to replace the aid at their wholesale price, might cost $200 - $500. If you bought one somewhere else and gave it to them, could they refuse it, if it is the exact same model and in an unopened box? You could ask them if they would accept that. If they don’t, and they know it is exactly the same aid, then they are not acting in good faith.

But if they will accept one bought somewhere else and in a new unopened box then you might PM some of the pros on the board and see if one will order it for you, for a reasonable charge.

Another option might be a local TV station “on your side” thing where they tell both sides and how they worked it out.

[melfan3]

Thanks for your advice. I was thinking about reporting them but was unsure who to report it to. I also considered waiting until I received a bill but you are right, I need to prevent this from happening to someone else. So, I think I will be proactive about it, since I have it in writing that they will bill me…although really this is a foolish move on their part. Maybe they were bluffing to see if I would sign and pay for it but I can’t take that chance.

Don’t think getting another aid is a solution. These were marked demo, therfore, unable to be sold. The one I would get would not be. I’m just sure these guys would sell it to some poor unsuspecting consumer…plus, they didn’t pay anywhere near retail price, if anything, why should I?

If anyone is looking for an audiologist in the Houston area, please PM me so I can steer you clear of these horrible people! Thanks for your help.

[Um_bongo]

Thanks for your advice. I was thinking about reporting them but was unsure who to report it to. I also considered waiting until I received a bill but you are right, I need to prevent this from happening to someone else. So, I think I will be proactive about it, since I have it in writing that they will bill me…although really this is a foolish move on their part. Maybe they were bluffing to see if I would sign and pay for it but I can’t take that chance.

Don’t think getting another aid is a solution. These were marked demo, therfore, unable to be sold. The one I would get would not be. I’m just sure these guys would sell it to some poor unsuspecting consumer…plus, they didn’t pay anywhere near retail price, if anything, why should I?

If anyone is looking for an audiologist in the Houston area, please PM me so I can steer you clear of these horrible people! Thanks for your help.

Given your position, and the fact that they tried to deceive you at your attempt to repay the value of the outstanding aid, why don’t you try contacting Oticon US directly in writing. If you outline the position and your efforts to repay the cost of your demo aid: plus mention how badly it reflects on them that their representation in your area would make you think twice before buying from them ever again.

At least it might save you getting a Lawyer in.

[melfan3]

I have contacted Octicon when this all first started about a month ago, have heard nothing from them. When I do decide to purchase, this will weigh heavily on my decision of who to deal with since this company did not even acknowlege my complaint! Thanks for the advice!

[wired]

You mention that the HA’s were marked “Demo” , therefore unable to be sold. If the HA’s were demo’s, then my thought is that they had been used (demo’d) by others before you, which to me says they are used. Why should anyone pay full price for a used item? Just a thought…

[Don]

These were marked demo, therfore, unable to be sold. The one I would get would not be. I’m just sure these guys would sell it to some poor unsuspecting consumer…plus, they didn’t pay anywhere near retail price, if anything, why should I?

The pros can tell us for sure but I assume the office marked them just as a way to keep everything straight. They probably came new just like any other aids?

I was thinking some pro on the board might order it for you at near wholesale since all they have in it is the order and receive time. It would help them slightly in getting any volume discounts.

[melfan3]

No, they were not handmarked but printed directly on the side of the aid…they had to have come that way from the maufacturer…they could not have been done by a person, but a machine. Does that make sense? I have a picture I took for my records…I’ll upload if if I can.

They admitted both verbally and in writing on the “recepit” that they were demos. Just wish I could get someone from Octicon to confirm that they provide these for audiologists at little or no cost to them. They refuse all of my inquiries though, which gives me no confidence in their integrity at all. I just know this is the case!

[maxC]

I’m a pre law student, that being said I can point out one thing, if they dont have anything in writing that proves that you ever had them, or that you are responsible for them, then it is their fault. Accidents happen and thats what insurance is for, and since they were so difficult and unreasonable with you, you have a pretty solid case to not pay them. Also, I think all of us here have demo’d hearing aids and had to sign things to get them. Its normal business practice to cover your but. They didn’t do this so again they are at fault. I’d fight it because if you don’t think about how many more people this person might screw over. Some audi’s make me sick.

[Wallen]

MaxC,

You are an idiot,but why am I surprised,guess becoming a lawyer is the next logical step for an idiot.

You are telling this guy that if the audiologist can’t PROVE he had the aids ( with a signed piece of paper ) then he should LIE about having taken them???

And you say you are sick of audiologists,well,I’m sick of people like you.

[system]

I’m a pre law student, that being said I can point out one thing, if they dont have anything in writing that proves that you ever had them, or that you are responsible for them, then it is their fault. Accidents happen and thats what insurance is for, and since they were so difficult and unreasonable with you, you have a pretty solid case to not pay them. Also, I think all of us here have demo’d hearing aids and had to sign things to get them. Its normal business practice to cover your but. They didn’t do this so again they are at fault. I’d fight it because if you don’t think about how many more people this person might screw over. Some audi’s make me sick.

One point…this is an ENT office and more than likely the Audiologist is doing what the physician is telling them to do. It doesn’t excuse the Audiologist completely because they could be the bigger person, own up to the mistake and take responsibility but depending on the doc, they could really be pressuring the audiologist to do anything they can to hold the patient’s parents responsible. Is it right? No…but the audiologist isn’t the only one to blame in this scenario.

[Don]

I’m a pre law student, that being said I can point out one thing, if they dont have anything in writing that proves that you ever had them, or that you are responsible for them, then it is their fault. Accidents happen and thats what insurance is for, and since they were so difficult and unreasonable with you, you have a pretty solid case to not pay them. Also, I think all of us here have demo’d hearing aids and had to sign things to get them. Its normal business practice to cover your but. They didn’t do this so again they are at fault. I’d fight it because if you don’t think about how many more people this person might screw over. Some audi’s make me sick.

Non-real estate contracts to be performed in less than a year can be oral (some exceptions). Being difficult and unreasonable is irrelevant in determining responsibility. Office notes and “I swear” would be evidence of an oral contract.

To me, the only issue is the audiologist trying to profit on replacing the demo unit.

[system]

Non-real estate contracts to be performed in less than a year can be oral (some exceptions). Being difficult and unreasonable is irrelevant in determining responsibility. Office notes and “I swear” would be evidence of an oral contract.

To me, the only issue is the audiologist trying to profit on replacing the demo unit.

I just want to say that although the behavior and actions of the audiologist are inexcusable…we have to remember that the person that may be the driving force behind this could very well be the ENT that owns the office. Ultimately, his/her butt is on the line and the Audiologist could very well be a casualty because they are in the middle.

I am absolutely not trying to deflect fault/blame for the Audiologist, but to hold them accountable and forget the ENT I think is wrong.

[Don]

I just want to say that although the behavior and actions of the audiologist are inexcusable…we have to remember that the person that may be the driving force behind this could very well be the ENT that owns the office. Ultimately, his/her butt is on the line and the Audiologist could very well be a casualty because they are in the middle.

I am absolutely not trying to deflect fault/blame for the Audiologist, but to hold them accountable and forget the ENT I think is wrong.

You are right, it could be the ENT or even someone else at the office who is driving this. It looks like the top person at the office would be willing to settle this if they could do it in a way where they didn’t lose money.