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ComDoc

8247 Pittsburg Ave NW, Canton, Ohio, United States, 44720-5677

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Christ United Methodist Church had a copier agreement with COMDOC Leasing and provided notice to not continue the relationship. COMDOC responded by claiming CUMC had not provided notice of cancellation within time limits. CUMC responded that it believed COMDOC had not provided notice as required by NY Law Section 5-903. COMDOC did not respondexcept to state if you want out of the agreement pay $432.98 within two weeks. Otherwise they stated the agreement would continue for one additional year. This was the result of bringing the issue to the attention of COMDOC's home office located in Des Moines, Iowa.
CUMC paid their ransom to end the agreement however CUMC believes COMDOC violated NY law in not providing proper notice then requiring an unfair payoff to end the agreement.
CUMC brought this matter to the attention of the NY Attorney General who recommended we seek resolution through the Revdex.com as a first step.
Our requested resolution is payment of $432.98 to CUMC.

ComDoc Response • Jul 08, 2019

ComDoc does not have a home office, or any office, located in Des Moines Iowa. Our headquarters is in Akron/ North Canton Ohio. ComDoc's leasing agreement requires that a notice to terminate or cancel the lease must be submitted 90-120 days prior to the end date of said lease. A copy of the executed agreement is provided to every customer when the agreement is commenced, as well as any copies requested throughout the duration of the agreement. Our payoff amounts are determined by the fair market value appraisals of independent leasing vendors, therefore it wouldn't be accurate to say that we provided an "unfair" value or to refer to the value as a ransom. ComDoc did, and always will, go out of our way to ensure we're being fair and consistent with our policies and procedures relating to our thousands of technology lease agreements. It's unfortunate that this customer does not believe we handled the agreement in an appropriate manner as we certainly did not do anything incorrect or misleading.

Customer Response • Jul 12, 2019

I am rejecting this response because: Comdoc Leasing appears to believe they are exempt from NY law for business contracts in the state of NY. In several correspondences to Comdoc we have referenced NY General Obligation Law Section 5-903. In all correspondence from Comdoc they consistently ignore this law. The intent of this law is to level the playing field between companies writing multi year agreements with evergreen clauses. NY realizes it is easy to not calendar notice requirements several years out. It is clear that other companies have used the same business tactic to force small businesses or in this case a church to pay of face forced renewal of services not wanted.

NY law defines the form in which notice must be provided. Specifically notice must be provided "personally" or by "certified mail". Comdoc did neither.

I again respectfully request that COMDOC return the $432.98 to Christ United Methodist Church located at *** to ethically resolve this matter. Otherwise CUMC will consider further steps with the NY Attorney General.

ComDoc Response • Jul 24, 2019

All aspects of the lease were executed exactly as the terms and conditions of the signed contract specified. We always do our absolute best to ensure we operate with the utmost integrity, and feel as though our commitment is evident here again. It’s unfortunate that this customer does not agree with the outcome of the agreement, button the interest of consistency and legality this would align with the way each of our thousands of annual leases are administered. Thank you.

Customer Response • Jul 25, 2019

I am rejecting this response because in each and all of the correspondence from COMDOC they have never made reference or acknowledged the section of NY state law entitled NY General Obligation Law Section 5-903 which is the basis for contesting COMDOC's position. It appears that they either have chosen to not read the specific law or have decided that COMDOC is not bound by NY state law even when creating lease agreements with businesses and organizations that are located in the state of NY.

The number of leases COMDOC has written is not relevant. Other organizations may be unaware of the 5-903 however that does not change the facts. COMDOC would have greater credibility if it were to acknowledge NY General Obligation Law Section 5-903,read it and gain greater understanding why this law exists. It is apparent that other businesses have used their "evergreen language" to entrap organizations such as our church and then deal with the small organization unfairly and in a manner inconsistent with the laws of NY.

Again, I reject their response and request that they return the $432.98 to our church. Through the Revdex.com can our issue be referred to a higher authority in the COMDOC organization?

ComDoc ceased providing our company with ink and repair services in September 2016. They informed us we were on a service and supply hold until our account was resolved. This lack of service led us to contact them to cancel our contract on 12/02/2016. We provided them their final requests for information on 12/16/2016. At that point we had fulfilled all their obligations to cancel our contract. In March I was informed that ComDoc had sent supplies to one of our clinics despite our contract being terminated. On June 14, 2016 I received a notice of collections from ComDoc and their collections agency, Capital Recovery for $4,968.05. Of this balance, $1998.76 represents bills from 09/30/2016 and 06/30/2016 that are being actively paid on. $2688.08 of this amount represents charges posted in 12/29/2016 and 03/21/2017. We were not contracted with ComDoc during this time and had not received any billable charges so we disputed the charges. After multiple emails to ComDoc and Capital Recovery, I have had no response justifying these charges, only further copies of bills and further notices of collections. We have not been provided with any contract that shows we are liable for monthly fees without any service provided. We have also not been provided with any reason why an order was fulfilled for a contract that had already been cancelled.

My contact at ComDoc, Valerie R, has not responded to my most recent email from July 08, 2017. Neither has my contact at Capital Recovery, Michael M. Instead, I have received another 2 notices of collections.

ComDoc Response

From: Date: Tue, Aug 8, 2017 at 8:59 AMSubject: RE: Revdex.com Complaint ***To: ***
Regarding the complaint that was filed against ComDoc from our customer ACA Medical Management in the attached filing with your organization are response is:
After a phone conversation with the customer, we are going to charge the customer for the open balances that are due through September 2016-which the customer agreed they were still under contract during this period.
We are going to credit any and all open charges that billed to the customer beyond September 2016 and remove them from the collection account.
My email correspondence with the information to the customer is attached.

Please let me know if you have any further questions or need any additional information on this one.

Thank you

Paul Customer Care & Retention ManagerComDoc, A Xerox CompanyPhone:Cell:Email:

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Address: 8247 Pittsburg Ave NW, Canton, Ohio, United States, 44720-5677

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+1 (330) 896-9217
+1 (330) 929-6524
+1 (330) 776-4142

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