Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:08/26/2022

  Type:Customer Service Issues
  Status:

  ResolvedMore 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.

  I was recommended to hire Linda by my attorney as a vocational expert in my current divorce case to prepare and testify to the earning abilities of my soon to be ex-wife. She sent an email to me and my lawyer on 7-6-2022, attached as picture with retainer agreement attached. I signed it and returned it 7-6-2022, attached with picture, with no payment. Note that retainer states no work until payment. On 7-14-2022 she came to my house in Liverpool to meet with me for maybe an hour. She clearly stated during meeting that she would need to talk with my soon to be ex to get real information as to her degrees and certification in order to really do the work. She stated she would work with my lawyer to make the soon to be ex discussion happen. I gave her check #**** for her retainer of $3000.00. She cashed that check and it posted to my account on 7-18-2022. To my knowledge she never spoke with my soon to be ex nor talked with my lawyer after 7-14. On 7-26 Linda texted me asking me questions about my soon to be ex certifications as if she had not spoken with her. I explained that I likely no longer needed her services for the case but wanted her to confirm with my lawyer. I did not hear anything back that I recall but on 8-5-2022 I emailed my lawyer to confirm I would be getting a refund for her services. He apparently reached out to her somehow and told me that she said she worked on my case and had used all the money. I DO NOT HAVE an invoice for the money much less a detailed invoice such as what my lawyer gives me. She provided no documentation of her effort nor turned over any research she supposedly completed. In theory by her own retainer stating, no work till payment is received, she started work on 7-14-2022 and ended on 7-26-2022 but did not provide a single deliverable nor proof of work. Her retainer agreement does not state she will or will not provide refunds. She is accredited, and I plan to file complaints with those groups depending on resolution.

  Business Response

  Date: 09/21/2022

  On or about July 6, 2022, I was contacted by Mr. ******* ********* to retain my services to perform an Earning Capacity Study in a matrimonial matter involving ***** ******, the complainant in this matter.  My fee schedule clearly states this is a flat fee to be paid in full up front, with additional charges that may be incurred should I be required to provide legal testimony.  As stated in the complaint, a retainer agreement was signed and payment was made.  As is also clear in the complaint, I performed work relating to the Earning Capacity Study, including meeting with the complainant and performing research. On or about July 27, 2022, I was advised by Mr. ******* ********* that my services were no longer needed.  To make clear, this was after the retainer agreement was signed, payment made and work had commenced.  At the time I was contacted, the attorney inquired generally about a refund policy, but made no specific request for a refund, nor any work product, or an invoice.  As a matter of course, as I charge a flat fee, I do not produce invoices. The next time I heard about this matter was on September 19, 2022 when I was contacted by **** of the BBB, asking about a response to this complaint.  As I never received a copy of the initial complaint, this is my first response.  The complainant never contacted me about a refund, nor did he make any request for a copy of my work product, or an invoice.  I do not believe this complaint is warranted as the complainant clearly signed a retainer agreement which states there is a flat fee for my work.  Had the complainant contacted me directly about any of these matters, I would have been more than willing to work through any of his complaints; instead he chose to file this complaint directly with the BBB.  It is my position that this complaint should be dismissed as not having any merit. 

  Customer Answer

  Date: 09/21/2022

  Please see attached retainer which states such things as fees are estimated and see attached fee sheet, which I do not have nor ever saw. Her claim of it is stated in retainer that retainer was a flat fee is simply more indication of her ethics as the only thing that says flat fee is court testimony which she did NOT provide. She never stated at anytime in any form verbal or written or electronic that the money was a flat fee. Also, if she was truly ethical or honest, when I mentioned possibly no longer needed her “supposed” service, one would think she would say something to the affect that she was going to complete the investigation and provide all the documentation and supporting documentation of said investigation since in her new words it was a “flat fee” I paid, which means to me that includes everything but the trial. I repeat, I have nothing but a cashed check to show for her “services”, use of time, effort, mileage, or in fact any expense she incurred because of me and could claim to be charging me for. I will be contacting her supposed claimed accreditations as well to share my story with them as I see strong indications she is not going to do the right thing for me and have concerns for future victims.  Thank you 

  Business Response

  Date: 10/13/2022

  I am working on a resolution to this matter and will need some more time to finalize this.

  Customer Answer

  Date: 11/02/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. 
  
  It pains me terribly to say I have agreed to a settlement offer from Linda’s lawyer, although I have not received any promised payment nor invoice which means I would like this to stay open. I looked and there is no option to say, resolution in progress. Based on her actions so far I do not trust her to send me a check and invoice. Therefore I do not want to reject but also do not want to accept.  
  Regards,
  
  ***** ******

  Business Response

  Date: 11/11/2022

  An offer was made and accepted.  My attorney is waiting for a response from Mr. ******** attorney to finalize this process.

  Customer Answer

  Date: 11/21/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.  
  I have accepted an offer of settlement from the business.  
  Regards, 
  
  ***** ******