I am again writing you in my capacity as counsel for Xperior Billing, LLCMy client has received yourletter of February 9, 2017, together with the Message From Consumer and attachmentsNeither of thosechange the situation controlled by the contractConsequently, the position of Xperior Billing, LLC, isunchanged from my original response of January 27, 2017.Sincerely,*** * ***
I am counsel for Xperior Billing, LLCMy client has received your letter of January 24, 2017,advising of the Complaint submitted on January 20, Documentation in my file from thecomplainant/customer clearly shows that his allegations are without any factual or legal basis.The allegations are
(1) my client, Xperior Billing, LLC, demanded payment for termination ofcontract without cause (2) that there was cause for termination (3) that the complainant/customeris being charged because of "breaking my two year contract" and (4) the billing service issending out bills without the complainant/customer first reviewing them.The entire relationship between my client and the complainant/customer is governed by BillingAgreement dated August 21, 2015, clearly executed by both partiesThe Agreement was for atwo year term, during which my client was to provide medical billing services on behalf of thecustomerThe Agreement also has a termination clause which contains a liquidated damagesprovision for early termination without cause by the complainant/customerThe term of theAgreement was scheduled to expire August 20, However, by email of Tuesday, January17, 2017,at 10:35a.m., my client was notifed by the complainant/customer as follows: "I amgoing to have to make a change in billing in my office as I have someone in Georgia now that isa long-time acquaintance of mine that now has a billing company of her own I have nocomplaints to say about or hard feelings with your company, it is just a move that I feel is bestfor us long-term." That email was followed by another email of January 20, 2017, at 9:p.m.,in which the complainant/customer states "your company did well for me and I-we appreciatedworking with you over the past yearI hope that we can remain in good standing with oneanotherI'll write a great review for your company .".With the agreement having been unilaterally terminated by the customer/complainant on thisbasis prior to the expiration of the term, the early termination/liquidated damages clause isautomatically invoked When my client presented the liquidated damages demand, thecustomer/complainant responded "Your company did well for me...over the past year." I "neverwanted any hard feelings here and would like to settle up here but please make this more feasiblefor me." I don't have the money to pay you anything close to what you're asking..."Theagreement provides the formula for the calculation of liquidated damages, and the agreement wassigned by the customer/complainant.As I stated above, the relationship between the parties was governed by the AgreementNothingin the Agreement provided for the customer/complainant to review the bills before they weresent outIn fact, the bills were generated electronically and so there would be no ability for suchreview.My client has made no demands of the customer/complainant beyond what is afforded by theBilling Agreement itself.Sincerely,*** ** ***
***cc: Xperior Billing, LLC
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.There is clear and evident cause for termination, with recorded testaments from employees as well as patients of [redacted] and [redacted] regarding the practices of Xperior Billing, LLC. As for the quotes in your last response, theses were merely taken out of context and do not represent the conversation, as I was trying to negotiate a reasonable settlement of the issue. However, there was absolutely not effort whatsoever in negotiation with Tina Ball, owner of Xperior Billing, even though I have mentioned the multiple causes for termination.
Regards,
[redacted]
I am again writing you in my capacity as counsel for Xperior Billing, LLCMy client has received yourletter of February 9, 2017, together with the Message From Consumer and attachmentsNeither of thosechange the situation controlled by the contractConsequently, the position of Xperior Billing, LLC, isunchanged from my original response of January 27, 2017.Sincerely,*** * ***
I am counsel for Xperior Billing, LLCMy client has received your letter of January 24, 2017,advising of the Complaint submitted on January 20, Documentation in my file from thecomplainant/customer clearly shows that his allegations are without any factual or legal basis.The allegations are
(1) my client, Xperior Billing, LLC, demanded payment for termination ofcontract without cause (2) that there was cause for termination (3) that the complainant/customeris being charged because of "breaking my two year contract" and (4) the billing service issending out bills without the complainant/customer first reviewing them.The entire relationship between my client and the complainant/customer is governed by BillingAgreement dated August 21, 2015, clearly executed by both partiesThe Agreement was for atwo year term, during which my client was to provide medical billing services on behalf of thecustomerThe Agreement also has a termination clause which contains a liquidated damagesprovision for early termination without cause by the complainant/customerThe term of theAgreement was scheduled to expire August 20, However, by email of Tuesday, January17, 2017,at 10:35a.m., my client was notifed by the complainant/customer as follows: "I amgoing to have to make a change in billing in my office as I have someone in Georgia now that isa long-time acquaintance of mine that now has a billing company of her own I have nocomplaints to say about or hard feelings with your company, it is just a move that I feel is bestfor us long-term." That email was followed by another email of January 20, 2017, at 9:p.m.,in which the complainant/customer states "your company did well for me and I-we appreciatedworking with you over the past yearI hope that we can remain in good standing with oneanotherI'll write a great review for your company .".With the agreement having been unilaterally terminated by the customer/complainant on thisbasis prior to the expiration of the term, the early termination/liquidated damages clause isautomatically invoked When my client presented the liquidated damages demand, thecustomer/complainant responded "Your company did well for me...over the past year." I "neverwanted any hard feelings here and would like to settle up here but please make this more feasiblefor me." I don't have the money to pay you anything close to what you're asking..."Theagreement provides the formula for the calculation of liquidated damages, and the agreement wassigned by the customer/complainant.As I stated above, the relationship between the parties was governed by the AgreementNothingin the Agreement provided for the customer/complainant to review the bills before they weresent outIn fact, the bills were generated electronically and so there would be no ability for suchreview.My client has made no demands of the customer/complainant beyond what is afforded by theBilling Agreement itself.Sincerely,*** ** ***
***cc: Xperior Billing, LLC
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.There is clear and evident cause for termination, with recorded testaments from employees as well as patients of [redacted] and [redacted] regarding the practices of Xperior Billing, LLC. As for the quotes in your last response, theses were merely taken out of context and do not represent the conversation, as I was trying to negotiate a reasonable settlement of the issue. However, there was absolutely not effort whatsoever in negotiation with Tina Ball, owner of Xperior Billing, even though I have mentioned the multiple causes for termination.
Regards,
[redacted]