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