Complaints

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• Initial Complaint

  Date:08/30/2024

  Type:Billing Issues
  Status:

  AnsweredMore 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.

  The *** stated I was to receive a $535.61 refund an individual insurance Policy benefit I was told for there services a 30% fee was to deducted of $160.68 leaving the balance of $374.93 nothing else was mentioned in the agreement so I agreed and signed the form returned it. After she texted me that there was other claimant due haft of this refundthis wasnt mentioned nowhere in the agreement that I was to obtain a letter from this business in order to obtain my refund, the letter specifically on there letterhead informing her I owe them zero amount if I couldnt get the letter from them my refund would have to be reduced to half $267.81 of $535.61!!! I went there but they checked my name doesnt show up in their history so they couldnt give a letter because of no history thus causing her to reduce my refund unfairly done the new refund Minus 30% fee $80.34 net to me $187.46!!!! Why?? If my refund due to me originally $535.61 without notice of this change of haft??This is to poor and unacceptable behavior from a professional cpa I like to complaint be file against her practices of dishonesty and corruption in her own practice this is not acceptable and trustworthy ********** there any way I can recover my other money from this fraud please help me recover it thanks

  

  Business Response

  Date: 09/24/2024

  Company: Tracie Lowe, CPA
  Consumer: Rivera, Carmelo
  
  Rebuttal to Carlos Rivera’s BBB Complaint (Comprehensive Response)
  
  Dear Better Business Bureau,
  
  We are writing to formally address and provide a rebuttal to the complaint filed by Carlos Rivera regarding the refund process managed by Tracie Lowe, CPA, and Onpoint Financial Services. Below are key clarifications regarding both the nature of the services provided and Mr. Rivera inappropriate conduct during our correspondence.
  1. Initial Agreement and Refund Calculation:
  Mr. Rivera claims he was due a refund of $535.61, with a 30% service fee ($160.68) deducted, leaving a net of $374.93. However, the refund in question involved a joint claim with Douglas Collision, a third party that required validation to release the full amount. Our agreement explicitly states that the recovery amount is not guaranteed, and our service fee is based on the actual amount recovered.
  2. Joint Claim with Douglas Collision:
  As per the terms of the refund, in order to remit the full amount, Mr. Rivera needed to provide documentation from Douglas Collision confirming that there were no outstanding balances or claims. Without this necessary documentation, we could only process half of the refund ($267.81) as legally required. We communicated this requirement to Mr. Rivera multiple times verbally and in writing, explaining that without the document from Douglas Collision, only half of the claim could be processed.
  3. Service Agreement Terms:
  The signed agreement (Exhibit A), which Mr. Rivera was provided, signed and agreed to, clearly outlines that our services are not guaranteed for a specific recovery amount.
  The agreement states:
     *“I, (Claimant), hereby authorize Tracie Lowe, CPA (Claimant’s Representative) to act on my behalf to take all necessary steps, procedures, and actions to prepare and file a claim for my recovery of the account(s) listed above. Claimant authorizes Claimant’s Representative to receive the dollar amount for ‘total fees and costs,’ to be deducted from the total amount and paid directly to the Claimant’s Representative if the claim filed by this agreement is approved. Otherwise, no fees or costs shall be due or owed by the Claimant.
  Claimant will directly receive the ‘net amount’ as agreed upon above. This agreement shall terminate when the funds have been disbursed. It applies to no other assets, other than identified above, and to no other claim. This is the entire and only agreement between the Claimant and Claimant’s Representative.”*
  
  As the agreement states, if funds are not recovered, no fees are charged. In this instance, half of the refund was recovered, so our service fee was reduced accordingly to reflect the amount recovered. A 30% fee on the $267.81 resulted in a $80.34 fee, leaving a net refund of $187.46 to Mr. Rivera. This calculation was fully compliant with the agreement.
   4. Clarification on Scope of Services:
  Tracie Lowe, CPA, is the processor of refund settlements. We do not provide services that involve gathering necessary documents from third parties. Our responsibility is to process claims based on the documents provided by the claimant. As evident in the correspondence, Mr. Rivera appears to be under the impression that our services included contacting third parties on his behalf, specifically Douglas Collision. This is not part of our service offering, and our agreement does not include third-party document retrieval. It was clearly communicated that Mr. Rivera was responsible for obtaining this documentation.
   5. Communication and Professionalism:
  At no point did we deviate from the terms of the signed agreement or act dishonestly. Our team consistently maintained professionalism in all communications, clearly explaining the situation and offering assistance to Mr. Rivera in obtaining the necessary documentation. We provided prompt responses to his queries, clarified the requirements for releasing the full refund, and ensured transparency throughout the process.
  
  6. Inappropriate Conduct:
  We must also note that during our correspondence, Mr. Rivera conducted himself inappropriately. He used derogatory language, including profanity and threatening remarks. Specifically, he stated, "Get off your ass," which is unacceptable behavior in any professional exchange. In accordance with our terms and conditions, we do not tolerate belligerent or abusive behavior directed toward our staff. As a result, we terminated further communication with Mr. Rivera and blocked him through our automated system from further contacting our office.
  
  7. Final Settlement and Conclusion:
  Due to Mr. Rivera inability to provide the necessary documentation from Douglas Collision, we processed half of the refund, as per our agreement. The service fee was reduced to reflect this partial recovery, and the net amount of $187.46 will be sent to Mr. Rivera by December 2024 upon the state of Florida’s approval process regarding the documents that were submitted on his behalf. At no point did we deviate from the terms of the signed agreement, and we maintained professionalism in all interactions.
  
  We respectfully request that this complaint be reviewed and dismissed in light of these clarifications. Our actions have been transparent, ethical, and fully compliant with our agreement with Mr. Rivera.
  
  Sincerely, 
  Tracie Lowe, CPA 
  Onpoint Financial Services

   

  We have attached the entire transcript of the text correspondance and partial within the limitations of this document

  We have attached the signed service agreement

   

  Exhibit B
  COMMUNICATION WITH CARMELO
  
  [2024/08/26, 16:21:46, EDT], +18132570332, OnPoint Services: This is the office of Tracie Lowe, CPA following up on our call.  Again, you may email, fax, or mail.  The fastest is to send an image to this business text line for our review and processing.  Office Team
  [2024/08/26, 17:08:06, EDT], +18634096480: <attached: 825911937028.jpg>
  [2024/08/26, 17:08:09, EDT], +18634096480: <attached: 825911955028.jpg>
  [2024/08/26, 17:08:11, EDT], +18634096480: <attached: 825911966028.jpg>
  [2024/08/26, 17:09:31, EDT], +18634096480: Please text or call if you need anything else and please let me know when you're going to send me the funds of $374.93
  [2024/08/26, 17:10:55, EDT], +18132570332, OnPoint Services: Confirmed receipt.
  
  Will review for processing.
  [2024/08/26, 17:14:11, EDT], +18634096480: Thanks
  [2024/08/27, 10:44:21, EDT], +18132570332, OnPoint Services: Carmelo, this is Tracie.  I have processed the refund settlement for 1/2 the amount.  This account is joint with Douglas Collision, to receive all the amount listed on the agreement, we would need a invoice showing paid in full and a letter on their letterhead stating that all amounts for this claim from GEICO can be remitted to you.  For now, I am processing it for 1/2.  If you can get me the information from Douglas Collision, I will process the other half.  Any questions, feel free to reach out.  Tracie
  [2024/08/28, 16:01:43, EDT], +18634096480: <attached: 826365339028.jpg>
  [2024/08/28, 16:03:04, EDT], +18634096480: Tracie I went to the location today of Douglas Colletion spoke to the manager he checked there records and have no history of any claims owe to them and they couldn't get a written statement due to that reason so here's his car info if you need to contact them thanks waiting on the amount to receive and your response
  [2024/08/28, 20:44:42, EDT], +18634096480: Hello I haven't received a response from you yet regarding my message I sent why???
  [2024/08/29, 09:22:05, EDT], +18634096480: Hello I haven't received a response from you yet regarding my message I sent why???
  [2024/08/29, 09:22:07, EDT], +18634096480: Hello I haven't received a response from you yet regarding my message I sent why???
  [2024/08/29, 09:44:40, EDT], +18132570332, OnPoint Services: Good Morning, we do have business hours for our office.  To obtain the other 1/2, I will need a statement on their leader head that you have no balance with their business and any monies related to the claim repair with GEICO  should be paid to you. Tracie
  [2024/08/29, 09:54:10, EDT], +18634096480: Thanks very unprofessional comment.
  As I stated I went to them inquiring about any balance due them they checked as far as 2016 no records of any balance nor history of my vehicle they couldn't give me a letter for something they don't have now if you want more call them yourself I gave you the person I spoke with the manager it's time to earn that fee your charging and it was not necessary to mention your hours of doing business that was uncalled for and rude of you I am requesting another representative to handle this for me I will need to contact your office manager ASAP
  [2024/08/29, 09:59:50, EDT], +18132570332, OnPoint Services: Unfortunately, your requests are outside of our processing agreements. Our responsibility is to process the validation documents for you to receive your funds. It is up to the owner to provide the documents we are requesting. It appears we will not be able to recover the other 1/2 from Douglas Collision.  The documents for you to receive the 1/2 has been processed.  Note: our processing fee is a percentage of the recovery, therefore, our fee is also halved. Upon approval for disbursement, we will send you a message of the check arrival.  We expect that to be around December 1.
  [2024/08/29, 10:19:31, EDT], +18634096480: I would like to cancel any and all attempts your office is doing it's not right and I don't agree with the practice that you are doing after I signed the agreement witch I want to cancel and be returned to me I was misled by you after sending the form now there's a requirement for me to obtain a document or another fee if I don't this portion requirement wasn't mentioned on the form that's false and I also don't believe that you have no supervision in the office on your practices I'm doing a search and calling to see how I can get this done and report this practice CANCEL AND CLOSE ANY ACTION THAT YOU ARE DOING I'll be back with someone who can help
  [2024/08/29, 10:28:21, EDT], +18132570332, OnPoint Services: I don't think you understand what I am saying.  I am saying our processing fee has been decreased just as your amount was decreased as the amount stated was with another party.  Without a release statement from that company, they can recover the other amount. If they do not want it, it will sit there for life.   Therefore, we are not charging you more for processing, we charged you less.  Our agreed services are complete and we can not cancel what we have processed on your behalf.  You will receive your remittance by check in December 2024.
  [2024/08/29, 11:34:41, EDT], +18634096480: Wow I really don't understand how you can really do what you do with a straight face taking peoples money like that several times I asked you what's the amount I'm receiving since you changed it from the form I submitted back to you.
  I'm the said claimant and by me signing it I allowed you to take your fee of $160.68 correct.
  Nowhere in this form I read it again states about a requirement for producing documents or I'll be charged for not submitting said document...please I may overlooked it please show me because I'm sure you are very good in creating loopholes but I can't find it anywhere in the document I you sent me and I returned to you.
  
  I wonder if the BBB has any knowledge of this process because you're a registered CPA and this is your practice operating solely this is your business privately run.
  
  That's why there's no office manager or any other person whom I can contact to discuss this matter with only one person you. Sole proprietor.
  
  I'm really disgusted with the way you
  [2024/08/29, 11:34:41, EDT], +18634096480: are handling this situation for me I congratulate you for creating this wonderful business for yourself you do charge a hefty fee and present yourself with integrity but honesty is lacking. You know what the amount is that I'm due without this other document fee that was not mentioned in the signed document agreement I submitted please contest this please.
  
  I really appreciate that we won't escalate this situation further please
  
  Thanks
  Can you please send me the details on the amount waiting for please
  [2024/08/29, 16:32:56, EDT], +18132570332, OnPoint Services: Providing your with the details of your processed refund settlement:   $267.81 Filing            30% Fee          $80.34 Fee Amount    $187.46 Net Check to you ETA December 1, 2024.
  [2024/08/29, 16:45:09, EDT], +18634096480: Wow very disappointed I'm moving forward with my complaint due to this unstableness of your services another charge in the amount it originally $535.61-30%of $160.68 net $374.93
  Now why this change
  Netting me a whooping $187.64??
  How can you change this to whatever amount you want this is unacceptable I'll be honest with you this won't be the end
  [2024/08/29, 18:06:08, EDT], +18132570332, OnPoint Services: It’s equally 1/2 due to the fact the other amount is due to Douglas Collision.
  [2024/08/29, 18:25:58, EDT], +18634096480: You're unbelievable after they told me and you can get off your ass call to confirm that I don't owe them nothing but is the situation that you put me I'm doing a deep research on your business and making a complaint to the BBB to report your ba