Initial Business Response /* (1000, 5, 2014/07/22) */
Consumer's Original Complaint and FYTP Response:
1. The company did complete any of assigned objectives.
Response -
The client signed a contract on X-XX-XX was to complete the following Items
A- 2 Power of attorney Compliance...
review calls at $325 fee each -1 to IRS and 1 to Franchise tax board.
a. Both call reviews were made within 2 days of contract by March 12th and the results were emailed to The client
B- A Franchise Tax Board Installment agreement at $1,200fee
a. FTB Installment agreement was completed April 16th for $845 / mo. due on the 28th of each month
C- IRS Offer in Compromise fee $4,525 which was revised to IRS Installment agreement or Hardship fee of $1,950.
a. OIC service and original fees were adjusted to provide an IRS installment or hardship negotiation
b. Our firm collected numerous financial documents from the client to submit the IRS to negotiate a hardship status. The client was unable to get current with his estimated tax payments for 2014. Our client agreement clearly states that staying current with tax payments to agencies are required for us to perform our services. The client was asked to make estimated tax payments and to enlist a payroll service to convert his income draws to payroll as an employee of his corporation. Both requirements were not met as required BY IRS to allow for either a payment plan or hardship status.
2. They refused to give updates as requested in writing.
Response-
A. Please see attached 9 page client history record with 135 client records which include:
B. 35 emails out to client as well as16 calls out to client updating all of the actions taken on their behalf
3. Basically took our money and did nothing.
Response-
A. The record speaks for itself.
B. FYTP made 3 separate calls to the IRS on X-XX-XX
C. FYTP made 3 separate calls to FTB.
D. Processed and computed both IRS and state financials 3 separate time to prepare for negotiating.
4. We hired this company to a do job.
Response -
A. See client history record and contract
5. The solicited a check on first contact over the phone.
Response-
A. Client signed our standard agreement and provides a voided check and signed authorization to process payments
6. We requested written updates that they would not comply to.
Response -
A. This was addresses in Item #s 2 and 3 above
7. They submitted incomplete documents to the IRS.
Response-
A. We provided the documents client submitted to us to IRS to avoid enforced collection.
8. They lied about how long the FTB was backlogged.
Response-
A. See Client record dated X-XX-XX at 9:41 am indicating a 1 to 1.5 hour wait time for FTB Corporate to respond
9. They failed to take care of objectives which will further delay our case.
Response-
A. We completed all items contracted for except the IRS hardship.
B. Which we were unable to complete IRS hardship while client was not in compliance for paying 2014 Est
10. They completely forgot to speak with the FTB regarding our Corporation so I had to go in one day before they levied our bank account to make the deal.
Response-
A. Please client history record - X-XX-XX call to FTB Corporate Unit at 11:11 am
B- Please note: No Corporation reinstatement services were contracted for.
c. Please note a voicemail was left for MS [redacted] on X-XX-XX requesting immediate callback. None was received.
11. They did not inform us that there would be a lien on our property when they attempted to make a deal with the FTB which then resulted in an agreement that was not completed due to lack of signatures.
Response-
A- Please see client record for email sent out to Clients on March 25th at 5pm reviewing lien issues.
B- Not only did we let them know about forthcoming lien we gave them the FTB option to avoid it See Below
C- Two options to avoid lien: Make payment of $5,726.17 by 3/31/14 or 12 payments of $2,520/month
D- Client declined both of those options and FYTP negotiated a payment plan for $845/month as previously mentioned
12. They basically took our money and there were no conclusive results obtained and none of the documents were completed for finality with the IRS & FTB.
Response-
A- Previously addressed in client records above
13. We had to remove their Power of Attorney to avoid any more complications with the taxes.
A. Client did not advise us of this action.
B. Client agreed to provide a written request to resolve any issues as required by the arbitration clause in our contract
14. We had to stop payment to avoid them obtaining more of our money.
Response-
A. Client did not advise us of this action which is in violation of the terms of this agreement.
15. Nothing was completed with the IRS or FTB, yet they continued to receive money.
Response-
A. Addressed in item # 2 and 3 above
16. They have not contacted us.
Response-
A. Our last 3 requests for contacts were not returned a or responded to. See client record attached
B. Voice mail from [redacted] on June 11 to MS [redacted] at 11:51 am. No reply- See client record attached
C. Email June 19th at 9:29 am from [redacted] to ** requesting contact - Not responded to.- See client record attached
D. Email on June 20th at 3:21pm from [redacted] to ** requesting contact - Not responded to- See client record attached
17. They did not receive their payment for July and as of yet have not called us regarding the payment which leads me to believe that they know I am aware of what they have done with the IRS and FTB.
Response-
A. Client did not notify us that they were not going to make their July payment
18. And that they took our money and did nothing to resolve the issues we had.
Response-
A. This statement is not accurate as proof to the contrary has been provided above
19. I have had to hire a new team of lawyers and tax people to take over our accounts with the IRS and FBT.
Response-
A. We have not been advised of this change in writing until this communication was received
B. We have not been contacted by any other tax professional in regards to records for their case
20. This is outrageous that these people are allowed to even operate.
Response-
A.
21. They refused to meet with us in person as requested many times.
Response-
A. WE have never refused to meet with client. Our office is open Monday -Friday 9-5pm weekly
22. They have not contacted us in over a month.
Response-
A. Client did not reply to last 3 requests for contact on June 11th, 19th and 20th.
23. The tax problems were created because **'s wife committing suicide and left him liable for the taxes.
Response -
A. We understand and discussed the events leading up to the tax issues and provided services to resolve them
24. This company needs to be stopped as I know we are not the only ones that this has happened to.
Response-
A. We have no unresolved Revdex.com issues with over 300 new clients each year.
Conclusion. - We provided all services contracted that we were able to complete for as detailed in Items in response #1 items A-B and C. We were unable as of yet to complete the IRS installment agreement because the client had not stayed current with their 2014 estimated income taxes and did not convert their compensation for Sub S Corp draws to a payroll service.
The client fee for the IRS Services was contracted for at $1,950.00 They have not completed their payment for that service.
The 4 payments left for $365 each month total = $1,460.00 of that fee not paid. The client is not entitled to any refund of the approximate $460.00 received towards the IRS installment agreement service based on the refund policy that they agreed to on page 10 of their client agreement.
FYTP will not pursue the remaining balance of contracted fees. FYTP will be happy to provide the client and their new tax professionals any documents and records from their case file.
Initial Consumer Rebuttal /* (3000, 11, 2014/08/10) */
1. The company did complete any of assigned objectives.
Response -
The client signed a contract on X-XX-XX was to complete the following Items
A- 2 Power of attorney Compliance review calls at $325 fee each -1 to IRS and 1 to Franchise tax board.
a. Both call reviews were made within 2 days of contract by March 12th and the results were emailed to The client
B- A Franchise Tax Board Installment agreement at $1,200fee
a. FTB Installment agreement was completed April 16th for $845 / mo. due on the 28th of each month
The FTB Installment agreement was NEVER completed. I would be happy to have a call to the FTB to be joined by the Revdex.com to confirm that the Installment Agreement was never solidified. My call to the FTB confirmed that there was no Installment Agreement due to the fact that two signatures were needed and only one was on the Agreement. We advised the FTB that Fix Your Tax Problems no longer had Power of Attorney due to their incompetence in completing the Agreement.
C- IRS Offer in Compromise fee $4,525 which was revised to IRS Installment agreement or Hardship fee of $1,950.
a. OIC service and original fees were adjusted to provide an IRS installment or hardship negotiation
b. Our firm collected numerous financial documents from the client to submit the IRS to negotiate a hardship status. The client was unable to get current with his estimated tax payments for 2014. Our client agreement clearly states that staying current with tax payments to agencies are required for us to perform our services. The client was asked to make estimated tax payments and to enlist a payroll service to convert his income draws to payroll as an employee of his corporation. Both requirements were not met as required BY IRS to allow for either a payment plan or hardship status.
2. They refused to give updates as requested in writing.
We requested that weekly updates be sent to us to which Mr. [redacted] responded that this was a fee based agreement and he no obligation to give us updates of any kind. Mr. [redacted] was present for that conversation and can confirm it.
Response-
A. Please see attached 9 page client history record with 135 client records which include:
B. 35 emails out to client as well as16 calls out to client updating all of the actions taken on their behalf
3. Basically took our money and did nothing.
Response-
A. The record speaks for itself.
The record shows that they DID NOT COMPLETE THE FTB Agreement and that it was null and void due to lack of completion of signatures on said document which can be verified by the FTB. It doesn't matter what they did as this was a FEE BASED agreement and nothing was completed. Nor did they complete the agreement with the Corporate taxes which I myself had to call ONE day before they were going to levy Mr. [redacted]'s bank account which can also be verified by the FTB.
B. FYTP made 3 separate calls to the IRS on X-XX-XX
C. FYTP made 3 separate calls to FTB.
D. Processed and computed both IRS and state financials 3 separate time to prepare for negotiating.
4. We hired this company to a do job.
Response -
A. See client history record and contract
5. The solicited a check on first contact over the phone.
Response-
A. Client signed our standard agreement and provides a voided check and signed authorization to process payments
6. We requested written updates that they would not comply to.
Response -
A. This was addresses in Item #s 2 and 3 above
7. They submitted incomplete documents to the IRS.
Response-
A. We provided the documents client submitted to us to IRS to avoid enforced collection.
8. They lied about how long the FTB was backlogged.
Response-
A. See Client record dated X-XX-XX at 9:41 am indicating a 1 to 1.5 hour wait time for FTB Corporate to respond
9. They failed to take care of objectives which will further delay our case.
Response-
A. We completed all items contracted for except the IRS hardship.
This is a bold face lie. We can prove through a call the FTB to verify the FTB Agreement was not completed.
B. Which we were unable to complete IRS hardship while client was not in compliance for paying 2014 Est
10. They completely forgot to speak with the FTB regarding our Corporation so I had to go in one day before they levied our bank account to make the deal.
Response-
A. Please client history record - X-XX-XX call to FTB Corporate Unit at 11:11 am
This call was made to the FTB for Mr. [redacted] Corporate taxes by me at 9:00 am on 6/11/2014. ** called FYTP on the morning of the 11th around 8:00 am to remind Fix Your Tax Problems that this was not completed and that his bank account was going to be levied the next day. That was the only reason they made the call at 11:11 am. By that time the negotiation was already completed.
We were told there was a two week back log. I then made the call and negotiated the terms for the Corporate Taxes. There was no two week back log as stated to Mr. [redacted] I merely called and made the deal, no problems, no waiting,
B- Please note: No Corporation reinstatement services were contracted for
Why would they call the FTB if there was no Corporation agreement???
.
c. Please note a voicemail was left for MS [redacted] on X-XX-XX requesting immediate callback. None was received.
I wasn't about to return their calls. They had screwed this up so badly that we yanked their Power of Attorney upon finding that completion of both the Corporate and FTB personal agreements were never completed. They agreed to take care of the Corporate taxes, otherwise why would they have called the FTB for the Corporate taxes on 6/11/2014????
11. They did not inform us that there would be a lien on our property when they attempted to make a deal with the FTB which then resulted in an agreement that was not completed due to lack of signatures.
Response-
A- Please see client record for email sent out to Clients on March 25th at 5pm reviewing lien issues.
B- Not only did we let them know about forthcoming lien we gave them the FTB option to avoid it See Below
Mr. [redacted] states he was never informed of the Lien on his Corporate taxes and did not receive said email.
C- Two options to avoid lien: Make payment of $5,726.17 by 3/31/14 or 12 payments of $2,520/month
.
D- Client declined both of those options and FYTP negotiated a payment plan for $845/month as previously mentioned
Once again the agreement is null and void to due to lack of signatures.
12. They basically took our money and there were no conclusive results obtained and none of the documents were completed for finality with the IRS & FTB.
Response-
A- Previously addressed in client records above
13. We had to remove their Power of Attorney to avoid any more complications with the taxes.
A. Client did not advise us of this action.
It's not our job to advise you of anything especially considering the mess that FYTP left us with and we have had to hire another tax accountant to fix the problems. So now we have paid for this service twice.
B. Client agreed to provide a written request to resolve any issues as required by the arbitration clause in our contract
14. We had to stop payment to avoid them obtaining more of our money.
Response-
A. Client did not advise us of this action which is in violation of the terms of this agreement.
They had already proved to us that they were not doing the job we hired them to do.
15. Nothing was completed with the IRS or FTB, yet they continued to receive money.
Response-
A. Addressed in item # 2 and 3 above
16. They have not contacted us.
Response-
A. Our last 3 requests for contacts were not returned a or responded to. See client record attached
Why we would contact you when it was already confirmed by the FTB that nothing had been completed.
B. Voice mail from [redacted] on June 11 to MS [redacted] at 11:51 am. No reply- See client record attached
C. Email June 19th at 9:29 am from [redacted] to ** requesting contact - Not responded to.- See client record attached
D. Email on June 20th at 3:21pm from [redacted] to ** requesting contact - Not responded to- See client record attached
17. They did not receive their payment for July and as of yet have not called us regarding the payment which leads me to believe that they know I am aware of what they have done with the IRS and FTB.
Response-
A. Client did not notify us that they were not going to make their July payment
Why would we continue to pay you after finding out that you had not completed anything???
18. And that they took our money and did nothing to resolve the issues we had.
Response-
A. This statement is not accurate as proof to the contrary has been provided above
I can confirm with the FTB and the Corporate FTB that nothing was completed. End of story.
19. I have had to hire a new team of lawyers and tax people to take over our accounts with the IRS and FBT.
Response-
A. We have not been advised of this change in writing until this communication was received
B. We have not
Final Business Response /* (4000, 13, 2014/08/25) */
I. Client complaint -
The FTB Installment agreement was NEVER completed. I would be happy to have a call to the FTB to be joined by the Revdex.com to confirm that the Installment Agreement was never solidified. My call to the FTB confirmed that there was no Installment Agreement due to the fact that two signatures were needed and only one was on the Agreement. We advised the FTB that Fix Your Tax Problems no longer had Power of Attorney due to their incompetence in completing the Agreement.
RESPONSE -
FYTP set up the installment agreement on April 16th on the phone with The Franchise Tax Board. Client signed and we faxed it to the FTB. Client did not advise us that the FTB was not auto debiting their account or that there was any issue.
II. Client complaint -
The record shows that they DID NOT COMPLETE THE FTB Agreement and that it was null and void due to lack of completion of signatures on said document which can be verified by the FTB. It doesn't matter what they did as this was a FEE BASED agreement and nothing was completed. Nor did they complete the agreement with the Corporate taxes which I myself had to call ONE day before they were going to levy Mr. [redacted] bank account which can also be verified by the FTB.
RESPONSE-
FYTP set up the FTB agreement as addressed above. It should be noted that fee based agreement contract has both a dispute resolution process and a refund policy that Mr [redacted] signed and agreed to. It should also be noted the client in this case is Mr. [redacted] and not [redacted].
1.Resolution Process - Binding Arbitration- See page 12 Article 3 of the signed agreement It states that client is to give us written notice of any problem so that we could be given the opportunity to address it. They did not give us any notice they just stopped replying to our requested for communication.
Article 3a. Informal Resolution of Disputes. In the event Client feels that a problem has arisen in connection with the professional services rendered by Professional to Client, Client will promptly notify Professional so that Professional may have the opportunity to resolve the matter. Notice shall be given in writing.b. Method of Initiating Arbitration. If the dispute is not resolved by mutual agreement, Client may initiate arbitration by notifying Professional to that effect and by designating an arbitrator to act on Client's behalf. Within 20 days of receipt of such notice, professional will designate an arbitrator to act on Professional's behalf. In the event that more than two parties participate, parties aligned with Client shall select one arbitrator, and parties aligned with Professional shall select a second arbitrator. The two "party" arbitrators shall select a neutral arbitrator. The controversy shall then be submitted to the three arbitrators for a final and binding decision.
2.REFUND POLICY PLEASE NOTE - Client signed a fixed fee agreement with a refund policy on page 10 Paragraph 4-c Which states there will be no refunds 4 weeks after client work begins. see Below:
4c. If this Agreement is terminated prior to completion by FYTP of the services contracted for in this Agreement, CLIENT may be entitled to a partial refund of amounts paid to FYTP. The amount of the refund, if any, will depend, in part, on the amount of work performed by FYTP and will be determined as follows:1,**Non-refundable base charge for administrative costs: $ 275 (per year) for tax return preparation; $500 for TPH, I/A, WLR or hourly representation (plus actual time spent) $ 1,250 for an OIC - . 2, Thereafter, the amount of the remaining fee paid in excess of the non-refundable base charge applicable for refund will be a percentage based upon the time expired since the file was opened as follows: Time since file opened Percentage refundable Less than 1 week 75% 1 to 2 weeks 50% 2 to 3 weeks 25% 3 to 4 weeks 10% More than 4 weeks 0%,
The date the file is opened shall be determined as the date on which Client's initial payment has cleared FYTP's bank as collected funds. For purposes of determining the amount of the refund, if any, due to CLIENT, FYTP's representation of CLIENT will terminate upon receipt by FYTP of a written notice of termination from CLIENT. CLIENT and FYTP agree that this schedule is designed to estimate, in advance, the value of the services rendered by FYTP to CLIENT.
III. Complaint - Why would they call the FTB if there was no Corporation agreement???
RESPONSE- Although the client agreement did not included initially a service for the Corporate filing issue of clients corporation our agreement does allow for adding and removing services as the case evolves See contact page Page Paragraph 4-B below
4b. In the event (1) additional tax liabilities are assessed or discovered during the term of this Agreement; (2) CLIENT elects to appeal a negative decision with respect to Client's Application for an OIC; I/A & WLR or (3) there is a significant change in Client's circumstances, additional fees may be assessed under an amended agreement.
Client wants to have it both ways. First, complain that we did not call and then secondly, complain that we did call the FTB Corp Division.
IV. Complaint -I can confirm with the FTB and the Corporate FTB that nothing was completed. End of story.
RESPONSE- This has been addressed multiple times and this is inaccurate
Final Consumer Response /* (4200, 15, 2014/09/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have full authorization to speak on Mr. [redacted] behalf and always have had due to Mr. [redacted] not being capable of mentally dealing with his financial issues as he does not have the capacity to understand them. Due to Mr. [redacted] wife suicide, he has never fully recovered from this traumatic experience, mentality or emotionally. When Mr. [redacted] called FYTP he spoke with [redacted]. ** was under a great deal of stress and fear due to his tax issues which were mostly caused by his wife who tried twice to commit suicide twice in their home. He found her the first two times and then she went to a hotel the third time and succeeded in taking her life, a mile away from Mr. [redacted] house. He's has been under a therapist care for years now. Mr. [redacted] was not mentally competent to handle any of the tax issues. Your wife committing suicide is not something you recover from.
The tax issues kept compounding as Mr. [redacted] did not know what to do and was terrified and mentally not capable of dealing with the IRS and FTB. He called FYTP in hopes of getting help but they conned him out of an electronic check over the phone for their services the first day they spoke to him on the phone without ** being able to discuss it with anyone or get a second opinion. Mr. [redacted]'s title is Sales and Marketing Mgr. not tax accountant. He knew Mr. [redacted] was terrified, he told them that and they took full advantage of that fact. He had absolutely no idea what he was doing. They had never met face to face or gave references to Mr. [redacted] who did not know to ask for these items. He is not a business minded man. Mr. [redacted] inspects homes for a living and what he does know is to get up and go to work and try to pay his bills. The total for their services was $6,375.00. The second tax company who we now hired have completed everything to our satisfaction in less than a month and is charging us $1800 to do the same thing. A very big difference from what FYTP charged him.
We had asked for email updates from day one from Mr. [redacted] in writing and verbally. We continued to ask via phone and email and they would not provide us with them, Mr. [redacted] said that this was a fee based deal and he had no obligation to give us anything and then HE offered to cancel the contract. This was long after the 4 week period stated on their contract. Mr. [redacted] and I were both on the call and he can confirm what Mr. [redacted] said.
On June 2, 2014, I spoke with the FTB regarding Mr. [redacted]'s personal taxes at which time they informed me that the Agreement was null and void due to the fact that FYTP had Power of Attorney at that point and they were required to also sign the Agreement and because they did not sign the Agreement became null and void per the Franchise Tax Board. There was never one installment taken out of Mr. [redacted] bank account due to the Agreement not being signed by the Power of Attorney and Mr. [redacted]. There would be no reason to take any money out of the account as there was no valid agreement. I have full authorization to speak on Mr. [redacted] behalf and always have had due to Mr. [redacted] not being capable of mentally dealing with his financial issues as he does not have the capacity to understand them. Due to Mr. [redacted] wife committing suicide, he has never fully recovered from this traumatic experience, mentality or emotionally.
On June 4th I signed for a certified letter from the IRS regarding [redacted] Corporate taxes stating they would be levying Mr. [redacted]'s business account immediately. FYTP was supposed to have taken care of this also.
In regards to his Corporate taxes, FYTP told us several weeks before that there was a two week back-log and they would get back to us. We did not hear back from FYTP and after receiving the letter the previous day, Mr. [redacted] called FYTP the morning of June 5th and got voice-mail.
I then called the Corporate FTB at 9:00 am on June 5th to try and fix their mess, which I did. There was no waiting time on the phone, I negotiated a deal right there on the spot for Mr. [redacted] and it took less than 15 minutes. Now, we have realized in one morning that FYTP had completed nothing and did not meet any of the objectives per their contract. They did not complete the personal tax agreement with FTB and had not called the Corporate FTB back and that's when we decided to revoke their POA before anything else happened that they were not telling us about. I believe any normal person would do the same thing.
At 12:02, I again called the IRS and FTB and that is when I revoked their Power of Attorney.
They called back later that afternoon and Mr. [redacted] was too distraught to talk to them after what they had done.
Now, the afternoon of June 5th, we realize in one morning that FYTP has completed nothing and did not meet any of the objectives per their contract. They did not complete the personal tax agreement with FTB and had not called the else happened that they were not telling us about. I believe any normal person would do the same thing.
They have two previous issues listed on the Revdex.com which tells me we are not the only one. They also have a review on YELP, where they took $6000 from someone else who also lost all their money.
We do not accept their proposal. We will settle for 80% of the money back and nothing less.
Corporate FTB back and that's when we decided to revoke their POA before anything
Initial Business Response /* (1000, 5, 2014/07/22) */
Consumer's Original Complaint and FYTP Response:
1. The company did complete any of assigned objectives.
Response -
The client signed a contract on X-XX-XX was to complete the following Items
A- 2 Power of attorney Compliance...
review calls at $325 fee each -1 to IRS and 1 to Franchise tax board.
a. Both call reviews were made within 2 days of contract by March 12th and the results were emailed to The client
B- A Franchise Tax Board Installment agreement at $1,200fee
a. FTB Installment agreement was completed April 16th for $845 / mo. due on the 28th of each month
C- IRS Offer in Compromise fee $4,525 which was revised to IRS Installment agreement or Hardship fee of $1,950.
a. OIC service and original fees were adjusted to provide an IRS installment or hardship negotiation
b. Our firm collected numerous financial documents from the client to submit the IRS to negotiate a hardship status. The client was unable to get current with his estimated tax payments for 2014. Our client agreement clearly states that staying current with tax payments to agencies are required for us to perform our services. The client was asked to make estimated tax payments and to enlist a payroll service to convert his income draws to payroll as an employee of his corporation. Both requirements were not met as required BY IRS to allow for either a payment plan or hardship status.
2. They refused to give updates as requested in writing.
Response-
A. Please see attached 9 page client history record with 135 client records which include:
B. 35 emails out to client as well as16 calls out to client updating all of the actions taken on their behalf
3. Basically took our money and did nothing.
Response-
A. The record speaks for itself.
B. FYTP made 3 separate calls to the IRS on X-XX-XX
C. FYTP made 3 separate calls to FTB.
D. Processed and computed both IRS and state financials 3 separate time to prepare for negotiating.
4. We hired this company to a do job.
Response -
A. See client history record and contract
5. The solicited a check on first contact over the phone.
Response-
A. Client signed our standard agreement and provides a voided check and signed authorization to process payments
6. We requested written updates that they would not comply to.
Response -
A. This was addresses in Item #s 2 and 3 above
7. They submitted incomplete documents to the IRS.
Response-
A. We provided the documents client submitted to us to IRS to avoid enforced collection.
8. They lied about how long the FTB was backlogged.
Response-
A. See Client record dated X-XX-XX at 9:41 am indicating a 1 to 1.5 hour wait time for FTB Corporate to respond
9. They failed to take care of objectives which will further delay our case.
Response-
A. We completed all items contracted for except the IRS hardship.
B. Which we were unable to complete IRS hardship while client was not in compliance for paying 2014 Est
10. They completely forgot to speak with the FTB regarding our Corporation so I had to go in one day before they levied our bank account to make the deal.
Response-
A. Please client history record - X-XX-XX call to FTB Corporate Unit at 11:11 am
B- Please note: No Corporation reinstatement services were contracted for.
c. Please note a voicemail was left for MS [redacted] on X-XX-XX requesting immediate callback. None was received.
11. They did not inform us that there would be a lien on our property when they attempted to make a deal with the FTB which then resulted in an agreement that was not completed due to lack of signatures.
Response-
A- Please see client record for email sent out to Clients on March 25th at 5pm reviewing lien issues.
B- Not only did we let them know about forthcoming lien we gave them the FTB option to avoid it See Below
C- Two options to avoid lien: Make payment of $5,726.17 by 3/31/14 or 12 payments of $2,520/month
D- Client declined both of those options and FYTP negotiated a payment plan for $845/month as previously mentioned
12. They basically took our money and there were no conclusive results obtained and none of the documents were completed for finality with the IRS & FTB.
Response-
A- Previously addressed in client records above
13. We had to remove their Power of Attorney to avoid any more complications with the taxes.
A. Client did not advise us of this action.
B. Client agreed to provide a written request to resolve any issues as required by the arbitration clause in our contract
14. We had to stop payment to avoid them obtaining more of our money.
Response-
A. Client did not advise us of this action which is in violation of the terms of this agreement.
15. Nothing was completed with the IRS or FTB, yet they continued to receive money.
Response-
A. Addressed in item # 2 and 3 above
16. They have not contacted us.
Response-
A. Our last 3 requests for contacts were not returned a or responded to. See client record attached
B. Voice mail from [redacted] on June 11 to MS [redacted] at 11:51 am. No reply- See client record attached
C. Email June 19th at 9:29 am from [redacted] to ** requesting contact - Not responded to.- See client record attached
D. Email on June 20th at 3:21pm from [redacted] to ** requesting contact - Not responded to- See client record attached
17. They did not receive their payment for July and as of yet have not called us regarding the payment which leads me to believe that they know I am aware of what they have done with the IRS and FTB.
Response-
A. Client did not notify us that they were not going to make their July payment
18. And that they took our money and did nothing to resolve the issues we had.
Response-
A. This statement is not accurate as proof to the contrary has been provided above
19. I have had to hire a new team of lawyers and tax people to take over our accounts with the IRS and FBT.
Response-
A. We have not been advised of this change in writing until this communication was received
B. We have not been contacted by any other tax professional in regards to records for their case
20. This is outrageous that these people are allowed to even operate.
Response-
A.
21. They refused to meet with us in person as requested many times.
Response-
A. WE have never refused to meet with client. Our office is open Monday -Friday 9-5pm weekly
22. They have not contacted us in over a month.
Response-
A. Client did not reply to last 3 requests for contact on June 11th, 19th and 20th.
23. The tax problems were created because **'s wife committing suicide and left him liable for the taxes.
Response -
A. We understand and discussed the events leading up to the tax issues and provided services to resolve them
24. This company needs to be stopped as I know we are not the only ones that this has happened to.
Response-
A. We have no unresolved Revdex.com issues with over 300 new clients each year.
Conclusion. - We provided all services contracted that we were able to complete for as detailed in Items in response #1 items A-B and C. We were unable as of yet to complete the IRS installment agreement because the client had not stayed current with their 2014 estimated income taxes and did not convert their compensation for Sub S Corp draws to a payroll service.
The client fee for the IRS Services was contracted for at $1,950.00 They have not completed their payment for that service.
The 4 payments left for $365 each month total = $1,460.00 of that fee not paid. The client is not entitled to any refund of the approximate $460.00 received towards the IRS installment agreement service based on the refund policy that they agreed to on page 10 of their client agreement.
FYTP will not pursue the remaining balance of contracted fees. FYTP will be happy to provide the client and their new tax professionals any documents and records from their case file.
Initial Consumer Rebuttal /* (3000, 11, 2014/08/10) */
1. The company did complete any of assigned objectives.
Response -
The client signed a contract on X-XX-XX was to complete the following Items
A- 2 Power of attorney Compliance review calls at $325 fee each -1 to IRS and 1 to Franchise tax board.
a. Both call reviews were made within 2 days of contract by March 12th and the results were emailed to The client
B- A Franchise Tax Board Installment agreement at $1,200fee
a. FTB Installment agreement was completed April 16th for $845 / mo. due on the 28th of each month
The FTB Installment agreement was NEVER completed. I would be happy to have a call to the FTB to be joined by the Revdex.com to confirm that the Installment Agreement was never solidified. My call to the FTB confirmed that there was no Installment Agreement due to the fact that two signatures were needed and only one was on the Agreement. We advised the FTB that Fix Your Tax Problems no longer had Power of Attorney due to their incompetence in completing the Agreement.
C- IRS Offer in Compromise fee $4,525 which was revised to IRS Installment agreement or Hardship fee of $1,950.
a. OIC service and original fees were adjusted to provide an IRS installment or hardship negotiation
b. Our firm collected numerous financial documents from the client to submit the IRS to negotiate a hardship status. The client was unable to get current with his estimated tax payments for 2014. Our client agreement clearly states that staying current with tax payments to agencies are required for us to perform our services. The client was asked to make estimated tax payments and to enlist a payroll service to convert his income draws to payroll as an employee of his corporation. Both requirements were not met as required BY IRS to allow for either a payment plan or hardship status.
2. They refused to give updates as requested in writing.
We requested that weekly updates be sent to us to which Mr. [redacted] responded that this was a fee based agreement and he no obligation to give us updates of any kind. Mr. [redacted] was present for that conversation and can confirm it.
Response-
A. Please see attached 9 page client history record with 135 client records which include:
B. 35 emails out to client as well as16 calls out to client updating all of the actions taken on their behalf
3. Basically took our money and did nothing.
Response-
A. The record speaks for itself.
The record shows that they DID NOT COMPLETE THE FTB Agreement and that it was null and void due to lack of completion of signatures on said document which can be verified by the FTB. It doesn't matter what they did as this was a FEE BASED agreement and nothing was completed. Nor did they complete the agreement with the Corporate taxes which I myself had to call ONE day before they were going to levy Mr. [redacted]'s bank account which can also be verified by the FTB.
B. FYTP made 3 separate calls to the IRS on X-XX-XX
C. FYTP made 3 separate calls to FTB.
D. Processed and computed both IRS and state financials 3 separate time to prepare for negotiating.
4. We hired this company to a do job.
Response -
A. See client history record and contract
5. The solicited a check on first contact over the phone.
Response-
A. Client signed our standard agreement and provides a voided check and signed authorization to process payments
6. We requested written updates that they would not comply to.
Response -
A. This was addresses in Item #s 2 and 3 above
7. They submitted incomplete documents to the IRS.
Response-
A. We provided the documents client submitted to us to IRS to avoid enforced collection.
8. They lied about how long the FTB was backlogged.
Response-
A. See Client record dated X-XX-XX at 9:41 am indicating a 1 to 1.5 hour wait time for FTB Corporate to respond
9. They failed to take care of objectives which will further delay our case.
Response-
A. We completed all items contracted for except the IRS hardship.
This is a bold face lie. We can prove through a call the FTB to verify the FTB Agreement was not completed.
B. Which we were unable to complete IRS hardship while client was not in compliance for paying 2014 Est
10. They completely forgot to speak with the FTB regarding our Corporation so I had to go in one day before they levied our bank account to make the deal.
Response-
A. Please client history record - X-XX-XX call to FTB Corporate Unit at 11:11 am
This call was made to the FTB for Mr. [redacted] Corporate taxes by me at 9:00 am on 6/11/2014. ** called FYTP on the morning of the 11th around 8:00 am to remind Fix Your Tax Problems that this was not completed and that his bank account was going to be levied the next day. That was the only reason they made the call at 11:11 am. By that time the negotiation was already completed.
We were told there was a two week back log. I then made the call and negotiated the terms for the Corporate Taxes. There was no two week back log as stated to Mr. [redacted] I merely called and made the deal, no problems, no waiting,
B- Please note: No Corporation reinstatement services were contracted for
Why would they call the FTB if there was no Corporation agreement???
.
c. Please note a voicemail was left for MS [redacted] on X-XX-XX requesting immediate callback. None was received.
I wasn't about to return their calls. They had screwed this up so badly that we yanked their Power of Attorney upon finding that completion of both the Corporate and FTB personal agreements were never completed. They agreed to take care of the Corporate taxes, otherwise why would they have called the FTB for the Corporate taxes on 6/11/2014????
11. They did not inform us that there would be a lien on our property when they attempted to make a deal with the FTB which then resulted in an agreement that was not completed due to lack of signatures.
Response-
A- Please see client record for email sent out to Clients on March 25th at 5pm reviewing lien issues.
B- Not only did we let them know about forthcoming lien we gave them the FTB option to avoid it See Below
Mr. [redacted] states he was never informed of the Lien on his Corporate taxes and did not receive said email.
C- Two options to avoid lien: Make payment of $5,726.17 by 3/31/14 or 12 payments of $2,520/month
.
D- Client declined both of those options and FYTP negotiated a payment plan for $845/month as previously mentioned
Once again the agreement is null and void to due to lack of signatures.
12. They basically took our money and there were no conclusive results obtained and none of the documents were completed for finality with the IRS & FTB.
Response-
A- Previously addressed in client records above
13. We had to remove their Power of Attorney to avoid any more complications with the taxes.
A. Client did not advise us of this action.
It's not our job to advise you of anything especially considering the mess that FYTP left us with and we have had to hire another tax accountant to fix the problems. So now we have paid for this service twice.
B. Client agreed to provide a written request to resolve any issues as required by the arbitration clause in our contract
14. We had to stop payment to avoid them obtaining more of our money.
Response-
A. Client did not advise us of this action which is in violation of the terms of this agreement.
They had already proved to us that they were not doing the job we hired them to do.
15. Nothing was completed with the IRS or FTB, yet they continued to receive money.
Response-
A. Addressed in item # 2 and 3 above
16. They have not contacted us.
Response-
A. Our last 3 requests for contacts were not returned a or responded to. See client record attached
Why we would contact you when it was already confirmed by the FTB that nothing had been completed.
B. Voice mail from [redacted] on June 11 to MS [redacted] at 11:51 am. No reply- See client record attached
C. Email June 19th at 9:29 am from [redacted] to ** requesting contact - Not responded to.- See client record attached
D. Email on June 20th at 3:21pm from [redacted] to ** requesting contact - Not responded to- See client record attached
17. They did not receive their payment for July and as of yet have not called us regarding the payment which leads me to believe that they know I am aware of what they have done with the IRS and FTB.
Response-
A. Client did not notify us that they were not going to make their July payment
Why would we continue to pay you after finding out that you had not completed anything???
18. And that they took our money and did nothing to resolve the issues we had.
Response-
A. This statement is not accurate as proof to the contrary has been provided above
I can confirm with the FTB and the Corporate FTB that nothing was completed. End of story.
19. I have had to hire a new team of lawyers and tax people to take over our accounts with the IRS and FBT.
Response-
A. We have not been advised of this change in writing until this communication was received
B. We have not
Final Business Response /* (4000, 13, 2014/08/25) */
I. Client complaint -
The FTB Installment agreement was NEVER completed. I would be happy to have a call to the FTB to be joined by the Revdex.com to confirm that the Installment Agreement was never solidified. My call to the FTB confirmed that there was no Installment Agreement due to the fact that two signatures were needed and only one was on the Agreement. We advised the FTB that Fix Your Tax Problems no longer had Power of Attorney due to their incompetence in completing the Agreement.
RESPONSE -
FYTP set up the installment agreement on April 16th on the phone with The Franchise Tax Board. Client signed and we faxed it to the FTB. Client did not advise us that the FTB was not auto debiting their account or that there was any issue.
II. Client complaint -
The record shows that they DID NOT COMPLETE THE FTB Agreement and that it was null and void due to lack of completion of signatures on said document which can be verified by the FTB. It doesn't matter what they did as this was a FEE BASED agreement and nothing was completed. Nor did they complete the agreement with the Corporate taxes which I myself had to call ONE day before they were going to levy Mr. [redacted] bank account which can also be verified by the FTB.
RESPONSE-
FYTP set up the FTB agreement as addressed above. It should be noted that fee based agreement contract has both a dispute resolution process and a refund policy that Mr [redacted] signed and agreed to. It should also be noted the client in this case is Mr. [redacted] and not [redacted].
1.Resolution Process - Binding Arbitration- See page 12 Article 3 of the signed agreement It states that client is to give us written notice of any problem so that we could be given the opportunity to address it. They did not give us any notice they just stopped replying to our requested for communication.
Article 3a. Informal Resolution of Disputes. In the event Client feels that a problem has arisen in connection with the professional services rendered by Professional to Client, Client will promptly notify Professional so that Professional may have the opportunity to resolve the matter. Notice shall be given in writing.b. Method of Initiating Arbitration. If the dispute is not resolved by mutual agreement, Client may initiate arbitration by notifying Professional to that effect and by designating an arbitrator to act on Client's behalf. Within 20 days of receipt of such notice, professional will designate an arbitrator to act on Professional's behalf. In the event that more than two parties participate, parties aligned with Client shall select one arbitrator, and parties aligned with Professional shall select a second arbitrator. The two "party" arbitrators shall select a neutral arbitrator. The controversy shall then be submitted to the three arbitrators for a final and binding decision.
2.REFUND POLICY PLEASE NOTE - Client signed a fixed fee agreement with a refund policy on page 10 Paragraph 4-c Which states there will be no refunds 4 weeks after client work begins. see Below:
4c. If this Agreement is terminated prior to completion by FYTP of the services contracted for in this Agreement, CLIENT may be entitled to a partial refund of amounts paid to FYTP. The amount of the refund, if any, will depend, in part, on the amount of work performed by FYTP and will be determined as follows:1,**Non-refundable base charge for administrative costs: $ 275 (per year) for tax return preparation; $500 for TPH, I/A, WLR or hourly representation (plus actual time spent) $ 1,250 for an OIC - . 2, Thereafter, the amount of the remaining fee paid in excess of the non-refundable base charge applicable for refund will be a percentage based upon the time expired since the file was opened as follows: Time since file opened Percentage refundable Less than 1 week 75% 1 to 2 weeks 50% 2 to 3 weeks 25% 3 to 4 weeks 10% More than 4 weeks 0%,
The date the file is opened shall be determined as the date on which Client's initial payment has cleared FYTP's bank as collected funds. For purposes of determining the amount of the refund, if any, due to CLIENT, FYTP's representation of CLIENT will terminate upon receipt by FYTP of a written notice of termination from CLIENT. CLIENT and FYTP agree that this schedule is designed to estimate, in advance, the value of the services rendered by FYTP to CLIENT.
III. Complaint - Why would they call the FTB if there was no Corporation agreement???
RESPONSE- Although the client agreement did not included initially a service for the Corporate filing issue of clients corporation our agreement does allow for adding and removing services as the case evolves See contact page Page Paragraph 4-B below
4b. In the event (1) additional tax liabilities are assessed or discovered during the term of this Agreement; (2) CLIENT elects to appeal a negative decision with respect to Client's Application for an OIC; I/A & WLR or (3) there is a significant change in Client's circumstances, additional fees may be assessed under an amended agreement.
Client wants to have it both ways. First, complain that we did not call and then secondly, complain that we did call the FTB Corp Division.
IV. Complaint -I can confirm with the FTB and the Corporate FTB that nothing was completed. End of story.
RESPONSE- This has been addressed multiple times and this is inaccurate
Final Consumer Response /* (4200, 15, 2014/09/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have full authorization to speak on Mr. [redacted] behalf and always have had due to Mr. [redacted] not being capable of mentally dealing with his financial issues as he does not have the capacity to understand them. Due to Mr. [redacted] wife suicide, he has never fully recovered from this traumatic experience, mentality or emotionally. When Mr. [redacted] called FYTP he spoke with [redacted]. ** was under a great deal of stress and fear due to his tax issues which were mostly caused by his wife who tried twice to commit suicide twice in their home. He found her the first two times and then she went to a hotel the third time and succeeded in taking her life, a mile away from Mr. [redacted] house. He's has been under a therapist care for years now. Mr. [redacted] was not mentally competent to handle any of the tax issues. Your wife committing suicide is not something you recover from.
The tax issues kept compounding as Mr. [redacted] did not know what to do and was terrified and mentally not capable of dealing with the IRS and FTB. He called FYTP in hopes of getting help but they conned him out of an electronic check over the phone for their services the first day they spoke to him on the phone without ** being able to discuss it with anyone or get a second opinion. Mr. [redacted]'s title is Sales and Marketing Mgr. not tax accountant. He knew Mr. [redacted] was terrified, he told them that and they took full advantage of that fact. He had absolutely no idea what he was doing. They had never met face to face or gave references to Mr. [redacted] who did not know to ask for these items. He is not a business minded man. Mr. [redacted] inspects homes for a living and what he does know is to get up and go to work and try to pay his bills. The total for their services was $6,375.00. The second tax company who we now hired have completed everything to our satisfaction in less than a month and is charging us $1800 to do the same thing. A very big difference from what FYTP charged him.
We had asked for email updates from day one from Mr. [redacted] in writing and verbally. We continued to ask via phone and email and they would not provide us with them, Mr. [redacted] said that this was a fee based deal and he had no obligation to give us anything and then HE offered to cancel the contract. This was long after the 4 week period stated on their contract. Mr. [redacted] and I were both on the call and he can confirm what Mr. [redacted] said.
On June 2, 2014, I spoke with the FTB regarding Mr. [redacted]'s personal taxes at which time they informed me that the Agreement was null and void due to the fact that FYTP had Power of Attorney at that point and they were required to also sign the Agreement and because they did not sign the Agreement became null and void per the Franchise Tax Board. There was never one installment taken out of Mr. [redacted] bank account due to the Agreement not being signed by the Power of Attorney and Mr. [redacted]. There would be no reason to take any money out of the account as there was no valid agreement. I have full authorization to speak on Mr. [redacted] behalf and always have had due to Mr. [redacted] not being capable of mentally dealing with his financial issues as he does not have the capacity to understand them. Due to Mr. [redacted] wife committing suicide, he has never fully recovered from this traumatic experience, mentality or emotionally.
On June 4th I signed for a certified letter from the IRS regarding [redacted] Corporate taxes stating they would be levying Mr. [redacted]'s business account immediately. FYTP was supposed to have taken care of this also.
In regards to his Corporate taxes, FYTP told us several weeks before that there was a two week back-log and they would get back to us. We did not hear back from FYTP and after receiving the letter the previous day, Mr. [redacted] called FYTP the morning of June 5th and got voice-mail.
I then called the Corporate FTB at 9:00 am on June 5th to try and fix their mess, which I did. There was no waiting time on the phone, I negotiated a deal right there on the spot for Mr. [redacted] and it took less than 15 minutes. Now, we have realized in one morning that FYTP had completed nothing and did not meet any of the objectives per their contract. They did not complete the personal tax agreement with FTB and had not called the Corporate FTB back and that's when we decided to revoke their POA before anything else happened that they were not telling us about. I believe any normal person would do the same thing.
At 12:02, I again called the IRS and FTB and that is when I revoked their Power of Attorney.
They called back later that afternoon and Mr. [redacted] was too distraught to talk to them after what they had done.
Now, the afternoon of June 5th, we realize in one morning that FYTP has completed nothing and did not meet any of the objectives per their contract. They did not complete the personal tax agreement with FTB and had not called the else happened that they were not telling us about. I believe any normal person would do the same thing.
They have two previous issues listed on the Revdex.com which tells me we are not the only one. They also have a review on YELP, where they took $6000 from someone else who also lost all their money.
We do not accept their proposal. We will settle for 80% of the money back and nothing less.
Corporate FTB back and that's when we decided to revoke their POA before anything