Complaints

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• Initial Complaint

  Date:09/01/2022

  Type:Billing Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  03/24/22: Contacted Nguyen & Associates, CPA (the firm) to file 2021 personal taxes. Was advised they could not meet tax deadline but would file for an extension. The firm failed at the time to advise that an extension to file is not an extension to pay taxes...something apparent and obvious to a tax professional. 03/25/22: Signed engagement letter. 05/25/22: Received notice from the firm that taxes are ready to file. They provided payment information for the accounting services in the amount of $800 which I promptly paid. I then processed payment for IRS and state taxes. June 2022: Received notices from IRS and state advising of penalties and interest related to late payments. In total I have incurred $997.29 penalties and fees. June/July 2022: For 5 weeks I attempted to contact the firm for explanation and/or clarifications as why this happened. As a non- tax expert, I reasonably expected that the firm would have advised me accordingly. Why was I not advised by my tax preparer (the tax expert) as they filed an extension on my behalf that I am required to make a payment by April 18th - despite filing for extension? After repeated attempts to contact the firm, given the absence of response to my repeated inquires, the poor service and absence of professional guidance/advice - malpractice, I contacted my credit card provider and requested a chargeback in the amount of $800 be issued. I submitted this chargeback because 1) the firm failed to respond to my repeated inquiries and 2) malpractice and negligence to provide professional tax services and advice. I felt this is equitable and fair given the financial harm and damage incurring nearly $1,000 in penalties and interest which I had no choice but to pay. Since then, the firm, specifically **** Nguyen - CEO, has sent a threatening email..."If you decide not to pay the invoice we may pursue payment in small claims...Or we may cancel the debt and issue a ****-C for the 2022 tax year."

  Business Response

  Date: 09/08/2022

  I can definitely empathize with the Aly that we could have done a better job communicating what an extension covers and what the *** expects with an extension.  Also, after *** received the notices from the ***, I also agree that we should have responded to his inquiry sooner.  It was an internal miscommunication that led to no response and I am truly sorry for that.  That shouldn't have happened and I completely understand the frustration there.

  The issue that I see is that *** is trying to get not just a full refund of the fees he paid for us to prepare his taxes, but he's trying to get a refund of the fees he paid plus an additional $800 from us. 

  The first problem is that the engagement letter that was signed by *** states our responsibility to prepare the tax return and e-file it with the Federal and State.  *** understood that he engaged us late March and that we told him we could not finish his return by April 15th and will have to file an extension for him.  He understood this before he signed the engagement.  This was all done as we have signatures from the engagement letter, signature on the **file authorization, and our invoice paid.  Our duties to the engagement letter were fulfilled.  The fact that there was a penalty for not paying taxes on time, could be partially our responsibility and partially Aly's responsibility.  In fact, the *** will state that ALL payment responsibilities fall on the taxpayer and claiming ignorance will not be a satisfactory reason to getting penalties waived.  Also, the responsibility also could fall on Aly for waiting until late March to engage with a CPA firm.  Most tax forms such as W-2s and ****s are due on January 31 so there was plenty of opportunity to engage with a professional long before late March where most professionals will be unlikely able to complete the return before the deadline at that point.  I believe some of the responsibility falls on us for not communicating clearly enough the expectations of the ***.  I would have been open to pursuing a penalty waiver for Aly free of charge, however, there was a second problem.

  The second problem is that *** submitted a chargeback on his credit card to receive a refund of the fees he paid us.  After that, he requested us to refund him $800 IN ADDITION TO the refund that he already received from the chargeback.  By the time he requested the refund, the money had already been deducted from the company checking account and *** had already received his refund.  So he was asking for $1,600 of the $800 fees he paid us.  It is a little more clear why he tried to do this because in his original BBB complaint, he reported that he believed the *** penalties he received were "damages" that we caused him (not accepting any responsibility) so he was trying to get back enough money to cover the "damages" but it would have been more than that.  

  I admit I was upset after seeing the chargeback AND the attempt to request a refund from us to take us for $1,600 and did not want to continue any conversation with him.  However, I do believe we are still due the $800 that he charged back since we completed the work outlined in the engagement letter.

  Customer Answer

  Date: 09/14/2022

  I am not looking for $1,600. I received a refund in the amount of $800 from my credit card company and satisfied with their immediate response and support to me as a client. Clearly not something this firm holds true.

   What I want at this point is for this accounting service to disengage with me and cease any further communication. Particularly after they acknowledged their negligence to 1) properly advise of how an extension works and 2)respond to my in repeated inquiries over the course of 5 weeks. 

  His claim that I am seeking $1600 is false and further misrepresents the facts. I sent him yet another - but at that point final email - stating I want a refund. Fully expecting that his firm would not respond. A reasonable expectation given the utter black hole that has been my experience with him/them. I then submitted a chargeback request. When he finally responded, the chargeback had already been submitted. 

  As I stated in my complaint, I am satisfied with the credit card company stepping in an advocating for me. What ****** and Associates is doing at this point is harassment and threatening.  

  I hope this chain of communications is published publicly for all to see how this accounting firm treats it's customers. 

  Complaint: 17813309
  
  I am rejecting this response because:
  
  Sincerely,
  
  Aly El-bassuni

  Business Response

  Date: 09/20/2022

  We will commit to not sending anymore communications with the client.

  Customer Answer

  Date: 09/23/2022

   
  Complaint: 17813309
  
  I am rejecting this response because:
  

  Witty but this response is entirely vague and disingenuous. "We will commit to not sending anymore communications with the client" does not resolve this issue if they continue to charge me late fees and follow through with their threats. Here is the excerpt from his last communication which was intended to be threatening: 

  August 30, 2022

  Hi Aly,
  
  Because you submitted a charge back on your credit card, the invoice we have issued to you is still outstanding.  This will accumulate late fees as it remains unpaid.  
  
  If you decide not to pay the invoice we may pursue payment in small claims as we have a signed engagement letter from you outlining the work that was to be done and proof that the work was completed, approved, and signed by you. 

  Or we may cancel the debt and issue a ****-C for the 2022 tax year.
  
  I'm sorry that we dropped the ball on communications and I hope that it won't happen again. I understand the frustration that you felt. Also, I don't believe it is right to take advantage of a business because of something that didn't go accordingly.
  
  **** Nguyen, CPA
  CEO
  Direct: ************
  Office: ************
  Email: ******************************************************
  Website: www.nguyencpas.com

  Again, I hope this transcript is displayed publicly so others can see the practices and deception by this accounting firm. This issue isn't closed yet. In addition to ceasing communication, I'd like to see them acknowledge this matter to be closed and that they intend to take no further action. Finally, I would like to see a final invoice showing zero $ outstanding balance and that I owe them nothing. 

  Sincerely,
  
  Aly El-bassuni

  Business Response

  Date: 10/04/2022

  I was not trying to be clever.  Your "desired outcome" during this whole process states that you just don't want any further contact from the firm.  You're changing your desired outcome now to also include not pursuing collection on the outstanding invoice and also sending a $0 invoice.  Part of what we do as a company is educate our clients to make sure they get the best outcome throughout their lives whether it is with us or someone else.  We take ownership and responsibility for our communication which certainly should have been better in this case, for informing you about the taxes paid deadline and also in responding to your follow up.  However, you have taken zero responsibility for your own tax liability.  You did engage with a firm late in tax season, you did know that your income situation changed compared to prior years, yet your language seeks to fully blame others.  If you have this mentality working with another CPA firm or tax professional, there will be rifts with those individuals as well.

  If you take honest ownership of your role in this debacle then I will really consider voiding your invoice.  

   

  Customer Answer

  Date: 10/06/2022

   
  Complaint: 17813309
  
  I am rejecting this response because: No resolution has been reached. 

  BBB, please post this dialogue publicly so everyone can see this outfit treats its customers.  
  

  
  Sincerely,
  
  Aly El-Bassuni