My question involves a consumer law issue in the State of: Missouri
Upon scheduling for a surgery at Cox Health in Springfield, the hospital requested a deposit from me. A deposit was required but not any particular amount so in good faith I gave them $300; they told me the total would end up being $1200. When scheduling this, they took my vitals and did some blood work. About June 10th, I ended up canceling the surgery and asked them to refund my deposit. The accounting office told me that the pre-schedule work (vitals/blood work) would have to be processed through insurance first. I called back a month later and they told me that the vitals/blood work was processed through insurance and that it cost $110 and that $190 was unused. I asked when I would receive the $190. They told me they would have to review it before they would give it back.
At that time, I had an approximate $800 balance w/ the hospital for other work that they have done (ER visit) but at the time I was setup with auto pay of $180/month that they agreed to take and I made every payment. I called back in August and demanded my $190 and they told me that they they were still reviewing it, that they may apply it toward my other balance which I told them they do not have my permission and that I want my money back. To me, as I told them, this is theft. At that point I told them that since they have not given me my money I want my monthly payment dropped from $180 to $50/month and they agreed.
They called me back yesterday and told me that their decision was to apply the $190 they owed me to my total balance. Is this legal? To me this is theft. I gave them specific monies as a deposit for a specific procedure and cancelled that procedure. How can they apply it to something else?