Monterey Financial Services

Review: This company failed to credit my account for a payment made on 12/8/14. they have been provided with proof of payment and 2 months later have still not credited the payment.Desired Settlement: I seek proper credit for the $163.00 payment which was made timely and correction of my account and waiving of any late charges as they failed to credit the account for a payment that was debited electronically.

Business

Response:

In response to the complaint received,

[redacted] account was transferred to Monterey Financial Services from [redacted]. to service the remaining payments on her loan on 12-17-14. [redacted] provided a copy of a payment that was made to [redacted] before the transition of the account to Monterey Financial, which was not reflected in the balance received by Monterey Financial. This payment in the amount of $163.00 made on 12-8-14, has now been reconciled towards [redacted]’s account, and her account is up to date and in good standing with her next payment due on 3-10-15. Should [redacted] have further questions or concerns, I urge her to contact our office toll free at [redacted]

Sincerely,

Finance Manager

Monterey Financial

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

They state my account was properly credited but I logged in after receiving their response and my account still states the account is past due.

They haven't corrected the account online. It shows a past due balance of $195.

Review: montery finance refuses to give me my account number so I can make payments through the mail, they wont even give me the right address for them,they have been taking money out my checking account and now refused to let me start making payments through the mail,they have made me late on one payment.I want to pay them on time but they refuse to talk to me or send me the information needed to make my payments.

Product_Or_Service: dog

Account_Number: [redacted]Desired Settlement: Desired Settlement: I want them to give me proper information so I can make my monthly payments.

Business

Response:

In response to the complaint received:

Review: On March 2, 2014 I purchased a puppy (Yorkie) from [redacted]. I was presented with three payment options all three were from loan companies to finance the puppy. I was told by the sales person [redacted]) that the best option was [redacted] who are partnered with Monterey Financial. I did not know this at the time but I am now finding out this information. The loan was for $2205 .40 and I agreed to select this option as it took care of the payment of the puppy. I was then told the company required the first month payment upfront which was $ 143.79 and that was paid in store. The sales person ([redacted]) informed me that I would not be penalized if I were to pay it off early. I was also told I wouldn't have to pay interest if paid off within the first 90 days

. I contacted [redacted] the next day, March 3, 2014 and I left a message and was contacted the next day. On March 4, 2014 I was informed by a representative that the initial loan amount was for $2205.40 and if I were to pay it off within the first 90 days it would be $2536.21. Not only would they continue to take out the monthly fee of $143.79, the payment I made in store would not be subtracted neither would the monthly payments. So, lets say I paid on the 3rd month which would be within the 90 days. I would have paid 3 monthly payments of $143.79 which equals to $431.37 plus the initial payment made in store to bring the complete total to $575.16 that I would have paid altogether.

Now, if I call and say I want to pay it off I would still be charged $2536.21 when it should be $1961.05 but my payments would not go toward the balance. I don't know why but that's what I was told. I was also informed by [redacted] that I should contact Monterey Financial because that's who will be handling the payments and contract. I contacted Monterey Financial on the same day March 4, 2014 but couldn't get in touch with a representative because all agents were busy so I left a message and never received a call back. I contacted them periodically throughout the week and received the same message.

So finally on March 24, 2014 I spoke with a representative and was given my account number with them which is [redacted] and the lease number is [redacted]. They have a completely different contract I suppose because it shows online that my open balance is $5075.95. The agent stated she could get me a reduced price but how can you reduce a price I was never suppose to pay in the beginning? The agent also stated that $5075.95 is the total I would be paying once I made all of the payments. This is over half of the amount of the original loan. This is definitely extortion and falsifying contract information. I don't know if [redacted] and Monterey Financial are on the same page with what they tell their customers but there is just no way I should pay over $5000 for a $2000 puppy. This is not fair or practical for a company to mislead consumers and force them to pay over double especially when they are trying to pay you off. I haven't been in the contract a full month and I was willing to pay it off before the first payment is due which should be May 2, 2014 but they are saying April 1, 2014, remember I was told to pay the first month upfront in store. It's not fair to me as a woman, a customer, and a business owner nor is it fair for companies to get away with it like it's okay. Something has to be done about this.Desired Settlement: I want to be able to pay off this loan early like I was told I would be able to do with no penalties or interest and I want my payment(s) to applied to the balance like it should be. This is very upsetting and stressful because I haven't received any help or assistance from anyone. I am pretty much just being told I have to pay and there is nothing else that can be done about this matter. However, I am willing to pay $2000 to consider the matter resolved.

Business

Response:

Acct#: [redacted]

Attached is the copy of the Lease agreement [redacted] initiated and signed at [redacted] through [redacted] on 3/2/14. Monterey purchased the contract and booked the account into our office on 3/12/14. The first page outlines the Consumer Leasing Disclosures in section 2 and breaks down the detail of the down payment “Amount Due at Lease Signing” $143.79, as well as the monthly payment plan for the entire financed term of the loan $4888.93 and the “Purchase Option at the End of the Lease Term” for the residual fee of $330.81 versus the Disposition Fee of $165.41 if she chose to not purchase the property at the end of the lease. Section 2(a) outlines the 90 day option to purchase the pet early for a discounted price of $2536.21 plus any taxes or official fees assessed, this includes the pet cost $2080.00. Section 3 describes the tax amount $125.40. As you can see [redacted] signed and initialed multiple times throughout the 5 page agreement, clearly acknowledging these terms.

?

[redacted] contacted Monterey’s office on 3/12/14 at 2:35p. A representative was not immediately available and she chose not to leave a voicemail indicating a return call was needed. She called back at 2:45p and spoke to a representative. [redacted]’s only inquiry on the call was to obtain the account number, which was given to her. [redacted] then called on 03/24/14 to inquire further about how access her account through our website. She called back later the same day to question the balance for the optional 90 day discounted price. The representative reviewed the account and explained nothing on the contract changed when Monterey purchased the finance agreement, however if an additional payment was made at the store prior to book in with Monterey we may not have updated records and would need 24 hours to verify this information in order to obtain the correct payoff balance for the 90 day option.

It was discovered that the payment in store [redacted] was referring to was her down payment of $143.79, not an additional contractual payment towards the financed amount. Understanding [redacted]’s miscommunication at the store regarding the down payment, Monterey accepted this towards the balance of the discounted price as a courtesy to [redacted] when she called back on 4/1/14 and agreed to set up the payment in full. Monterey accepted the final payment of $2407.42 to close out the account under the 90 days payoff option. The payment was cleared the following day and the account has since been closed.

Trusting this is satisfactory,

[redacted] | Finance Supervisor

Monterey Financial Services

4095 Avenida de la Plata | Oceanside, CA 92056

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[I made the payment of 2407 to not incur more charges but that doesn't make anything satisfactory. There wasn't a miscommunication in the store because she stated directly the first month payment is due up front. You can't mistake that for anything else. I called a lot more than that and spoke with several different people. Your log books are inaccurate. At the end of the day, it is extortion and you need to get the people at [redacted] on the same page as what I signed and initialed as you stated was not what I was told I was getting not what I would be paying back. I was also told I was dealing with [redacted] to them turn around and have to deal with a completely different company. There are several middle men and no one attempts to help in the resolution. I still feel I paid too much money to have a lease less than 90 days when the original loan was $400 less. That's not honoring the ninety days. Then to be told I needed to make a payment in April when again I was told the first payment was made in store, so payment should not have been made until May. I paid $400 more than the original loan amount and I had the lease/loan for less than 30 days. I don't care how you define it to make yourself look good, it's not fair and it's not honoring the no interest if paid in full within the first 90 days and if you say well it's 30 days, it was paid in full in a month's time and I was still charged interest. Therefore, your contract and all those initials were still fraudulent because you didn't honor that. I want the $400 I overpaid thinking I wouldn't be charged, refunded back to me and that would be satisfactory. After that, I will never affiliate myself with this company again. ]

Regards,

Business

Response:

[redacted] is correct that the first payment was made in the store on the day she accepted the lease terms. However, section 2(a) is clear that the amount of $2,536.21 needed to be paid after the lease date, meaning after the first payment was made. This is not a 90 day same as cash program as [redacted] asserts. As this is a lease agreement there is no interest only a lease amount and lease factor. Nowhere within the agreed contract does it state or imply no interest if paid within 90 days. Under the “Periodic Payment” within the section 2, “Consumer Leasing Disclosure”, it was agreed that the second periodic payment would be due on April 01, 2014 not May 2014 as stated by [redacted].

[redacted]’s claims that she overpaid the contract price by $400 are inaccurate. [redacted] only paid the original cost of the pet, the applicable tax and residual payment. The original cost of the pet was $2,080.00, the tax amount was $125.41 and the residual amount was $330.81, totaling $2,536.21. [redacted] made 1 payment of $143.79 in store and a payment to Monterey Financial of $2,407.42 of which $2,392.42 was applied toward her lease amount as the payment included a $15 processing fee. The total of the amounts applied to the lease was $2,536.21, the same amount as above. Even if [redacted] felt she was only responsible for paying the amount listed in section 2(a) of the lease agreement that is all she paid.

As stated in the previous response and as outlined under “Purchase Option at End of Lease Term” within section 2 of the Lease, in order to purchase the property [redacted] would have to pay a $330.81 residual payment. The residual payment amount would need to be paid if the lease was for 1 day or for the full term of the lease if [redacted] elected to purchase and keep the pet. This amount was included in the amount given in section 2(a) of the lease agreement.

Based on the lease terms [redacted] should have made her first payment of $143.79, plus an additional $2,536.21. As she only paid, $2,536.21 she actually received a discount on the lease amount of $143.79.

Should [redacted] wish to discuss this matter further she may contact me directly at

Sincerely,

Finance Manager

Review: This company has numerous employees who yell, berate and tell me information that they have absolutely no right because they are not involved in my life. On multiple occasions I spoke with employees of this company who (while I was trying to explain my situation) began to yell at me and tell me that my "priorities weren't right". They always ended up yelling at me which in turn forced me to hang up the phone as I will not allow them or anyone else for that matter treat me with such disrespect. I finally had to block a certain person from calling me and then I blocked all except the supervisor ([redacted]) or someone above her. I believe that this company is in dire need of compassion, ethical, and moral lessons. I WILL NEVER DO BUSINESS WITH THIS COMPANY AGAIN!!!!!Desired Settlement: I would like to know that the owner of this company was made aware of how horribly his/her employees treat customers and I would like a formal apology.

Business

Response:

I apologize for any confusion or frustration [redacted]

experienced in regards to her account. As of September 01, 2013 [redacted]’s

account with Monterey Financial was 154 days past due. Upon contacting our

office on September 09, 2013 [redacted] informed us that she was in the process

of receiving a personal loan and that the bank would be mailing out a check and

that we should receive the check within 10 days. Monterey Financial requested that

[redacted] contact us on September 10, 2013 with the check number that was being

sent and to see if she could obtain a more specific time frame on the arrival

of the check as her account was in jeopardy of being placed with our collection

agency. [redacted] did not call us back as agreed and we subsequently followed up

with her for the check number and more specific delivery date details so we

could stop her account from being sent to our collection agency

Review: I had recently purchased a White Maltese from [redacted] in [redacted] on December 17, 2014. I was informed that Maltese selling price was $1,999.00 plus interest. I was informed that I would have 14 payments of $156.22. I was then informed that through Monterey Financial I was approved for $5,000.00 but I only needed to finance $1,999.00 plus interest for this Maltese.

To date my wife was checking on the statement online she saw that there was a balance of over $4,000.00. We then quickly called the company back again and they informed us that I was leasing this Maltese. I was under the impression that I purchased this Maltese. I was also unaware that this company is a paperless statement finance company. This is very unfair since we were under the impression we bought this dog. They were very misleading on this whole process and are now looking for us to make the remaining payments. I ask you who would purchase a dog for $5,000.00!!! We appreciate you looking into this matter. We will continue to make payments to reach what the purchase price was of our dog. We eagerly await your response.Desired Settlement: For the company to make the correct adjustment to the agreed purchase price of our Maltese., $1,999.00 plus the interest - $2,187.08. To date I have paid $1093.54 . I owe $1093.54 and this should be the remaining balance.

Business

Response:

In Response to the complaint received:

[redacted] purchased a white Maltese on 12-17-14 from [redacted], as he states in his complaint. However, [redacted] entered into a lease agreement (attached), where all details of the lease terms are clearly outlined. The first page of the agreement even states:

"Important Information Concerning Your Lease"

All subsequent verbiage/detail in the agreement explicitly spell out the fact that the contract is for a lease, and indicates that the Total of Payments (the amount you will have paid by the end of the Lease) is $5311.40. The agreement also indicates that [redacted] has the option to Buyout of his lease at any time. These details are clearly outlined in item 8. Early Purchase Option and Early Termination. This information was also explained to [redacted] via telephone as recently as 7-2-15. I suggest that [redacted] review the terms of his agreement and contact a Monterey representative toll free at [redacted] to make the necessary arrangements for an Early Purchase, should he choose to do so (which would save him future lease payments).

Regards,

Finance Manager

Monterey Financial Services

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

I am rejecting their response. I purchased a Maltese from [redacted] and was under the impression when I signed the contract that it was for the purchase price of $1999.99 plus interest for 14 months. [redacted] the person selling me the Maltese told me that I was approved for $5,000.00. [redacted] then said, “I could buy a few more dogs.” I told her to just finance me for the Maltese.

After being there for over 2 hours, there were all kinds of confusion with getting the sale to go through my email address. They were having a hard time sending me information. So, we did it over the phone and the papers were faxed to the store. By this time my patience was exhausted so that when they started putting papers in front of me; I initialed them and never did anyone ever told me I was financing for 5K or that I was leasing this Maltese. Again, I have a bill of sale that says, “SOLD PRICE $1,999.99. The entire transaction was very misleading and lacked transparency. I don’t know why I wasn’t given a copy of the contract when I left the store. If I had the contract I would have had time to look it over more clearly when I got home. I would have gone back with either with the Maltese or would have insisted upon them honoring what they had told me about the 14 month payment plan.

Next Point – I have more paperwork that shows me that this dog’s pedigree is supposed to be a pure breed Maltese. Maltese are small dogs. My dog is only 9 months old and is over 10 pounds. I don’t think it is a pure breed. So, I went online to find a test kit that I can buy for $70.00 from Amazon. I plan to purchase this kit and test my dog. The results will take about two to three weeks. [redacted] or [redacted] is fraudulent and a reasonable cash outcome can’t be agreed upon, I will hire a lawyer and will go from there. Again, I am willing to honor the deal I was told on the day of the Sale. I don’t know what terrible person or persons came up with greedy and dishonest business practice, it is wrong.

Also, I have spoken to 2 other people that had the same problem with [redacted] and [redacted]. One person purchased a TeaCup Yorkie. These dogs are small dogs but within the first few weeks the dog was getting bigger. She went back to [redacted] and they told her she can return the dog. She said I will not, you can refund me my money. She had to hire a lawyer to get $1500.00 back from the company. This needs to stop. This company needs to held accountable and not be allowed to keep scamming customers.

What it all comes down to is, I want a fair deal. I pay all my bills but it has to be fair. A month ago when this came to light I continued to pay and I will until the 14 months are done. The only difference is I will pay with a check mailed to [redacted]/Monterey Financial Services, CA and I am requesting a statement in return. I am cancelling the automatic withdrawal with my bank. I don’t trust [redacted] or Monterey with access to my money.Regards,[redacted]

Business

Response:

In response to the rejection received,

Monterey Financial Services has taken [redacted] concerns outlined in his rejection to [redacted], and has been advised that [redacted] has agreed to cancel [redacted] lease contract. Monterey Financial Services Inc. has subsequently closed the account as paid in full.

Sincerely,

Finance Manager

Monterey Financial Services

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

Review: Make my payments every month & husband lost job in July which company is aware but company calls after business hours (8-9pm). make money order nows but a week pass by & they have not recieved pyment to POBox. Post office confirms delievery b/c had to track pyment. still charges $17.50 per day late. company recieves pyment but harrasses late fees. no mail communication. stickly calls from [redacted]. assigned agent. [redacted] leaves messages for me to return calls stating we can help you for your account & when I call they are calling regarding a late fee. rude.Desired Settlement: Monterey Services should be accountable for their actions in harrasing. I would love to settle in an amount of payment & never do business with.

Business

Response:

[redacted] financed

a jewelry purchased made at [redacted] on June 05, 2013.

The retail install

contract was subsequently purchased by Monterey Financial. I have attached a copy of the retail

installment contract and transaction history for your review.

Review: Currently I am in process of fixing credit and paying back debt. I came to this company Monterey Collections Services where I recently discovered for over three years they have been continuously charging an increased amount and reporting it to the credit agencies. I called yesterday asking an explanation. The woman I spoke to who is assigned to my case was very rude, interuptive, and inconsiderate. She didnt listen to a word that I had to say and eveyrtime

I tried to explain what it was I was asking I was interupted and cut off before being forwarded to her supevisor. Additionally, she continually told me that I was confused and was putting words in her mouth after she was the one who was telling me I signed a phantom contract that they havent produced for me. They told me that for three years I hadnt paid an agreed to amount of over 3 thousand dollars to a company called premier mentoring. The services were from Armando Montelongo to teach you how to flip houses. According to them I signed a contract agreeing to pay that amount plus 18% interest on I dont know what, and they refused to explain for what.

Additionally when requested a copy of said contract I was told yes that they could email it to me, then the lady, her name being [redacted], refuted that statement and told me she could only mail it to me. I am currently deployed in Afghanistan and mail takes upwards of three weeks. The problem is the "interest" is still accruing as we speak. I checked my transunion report and it said I owed $4992. She then proceeded to correct me and say I now owe OVER 5000 dollars. When I asked for information to contact the creditor, they refused to disclose that information.

I was told the "account" I had open with premier mentoring was still open and that is why it was accruing interst. I asked in order to cancel that account she told me I still had open to prevent the accrual of further interest. I was then told very rudely to "google it" (the creditors contact information). The problem with that is, the creditor is being sued and when you google armando montelongo and premier mentoring all you see is sites describing lawsuits, complaints of scams, etc. She then said she knows nothing about any of those which is questionable. If you are contracted on behalf of a company you would know something like a class action lawsuit against them. When I questioned why I owe interest, I was told by the supervisor [redacted] that they only contract with premier mentoring to collect the debt on their behalf, they didnt purchase the debt like collections agencies actually do. So ultimately, I "owe" a company an amount with a recurring interest payment that can only be closed if I pay the debt in full with nearly double the "original" cost in interest alone and my only point of contact is a collections agency who has not purchased the debt, therefore I do not owe THEM anything, who also wont release contact information to the creditor nor will they provide in a timely manner the supposed contract that I signed and agreed to an 18% interest rate.

I was also told that on that contract, there "might" be contact information to the creditor and I can contact them. Assuming its on the contract that I dont have. The other issue is that while three years ago, I never signed anything. Nothing was ever mailed to me, I didnt go online and sign anything electronically, I never met with anyone in person. All of the interaction was conducted via telephone, so there is no way I could have signed any contract. The fact is there is no reason I should even be dealing with this company if it is not them that I owe money. They are only refusing to disclose contact information so that I am forced to work through them so they can get paid by the company they "represent." They are also deliberately stalling me so that the amount that I owe goes up via this unprecedented interest rate, which means they collect more on the company's behalf and probably get paid more as a result.

ADDITIONAL INFORMATION FROM CONSUMER:

I am technically requesting both (copy of recordings & copy of contract). Per my conversation with the lady assigned to my account she told me I either authorized charges telephonically or signed a physical contract whether it is by hand or electronically. I am asking for proof of any, a recording of me agreeing to the terms or a contract with my signature on it. It has been a week thus far since I asked for these documents, and still nothing. Moreover I am requesting it in a timely manner because as we speak they are charging interest to my account, yet stalling on providing ANY documented evidence.Desired Settlement: I want contact information to premier mentoring right now. I want a writen apology outlining [redacted]'s rudeness. I want the contract that I supposedly signed now and in a timely manner not when they want to get around to it so the "interest" on my account continues to rise, which is a horrible business practice by the way i.e. deliberately stalling someone so that the amount they owe continues to rise making it harder for them to pay it off or making them pay off more than they originally would have had they received the required materials in a timely manner. I acknowledge that I probably owe money to premier mentoring. But I know for a fact there is no way I owe anything close to the original amount of 3200 dollars. I want the fair and accurate amount told to me so I can pay it off.

Business

Response:

[redacted] agreed to a verbal contract with Premier Mentoring on 7/26/10 for the financing of $3250 with an interest rate of 18% and monthly payments of $162.25 for a real estate training program. I have attached the oral fiancne paperwork worksheet to which Premier Mentoring had provided us. The loan was serviced by Montrerey Financial Services and his first payment came due on 9/10/10. He defaulted on the loan and it was transferred to Monterey Collections on 1/28/11. We did not have any contact with him until he called our office on 9/12/13. In reviewing the call recording, the rep ([redacted]) that Mr. [redacted] spoke with did not appear to be rude as I am sure that was not her intent. However I apologize if Mr. [redacted] feels she was rude. Mr. [redacted] asked for proof of debt to whcih she replied she would have to obtain it from Permier Mentoring. There was no intent to drag on the time to increase the amount of interest as it is in our best interest to resolve the matter as quickly and efficienly as possible. She answered his questions matter of factly, however there was an apparent miscoumminication between the rep and Mr. [redacted]. The rep transferred Mr [redacted] to the floor superviser (Andre) who then explained to Mr. [redacted] that he would need to pay the remaining balance to close the account and stop the interest from accruing. Mr. [redacted] then stated the interest rate accruing is incorrect and that he qualifies for the SSRA to which Andre informed him we would need to see a copy of his orders to ensure he qualifies for it. Andre provided him with his email address and direct extension for contact information. As of today, we have not yet received a copy of the orders to determin his eligibilty for the SSRA. Unfortunately when we contacted Premier Mentoring concerning the call recording of the orginal sale, they were unable to locate it since if was over 3 years old. Per the FDCPA, Mr. [redacted] had 30 days from the placement of his account with MCS to send a written request to dispute the debt, however we did not receive such request. Had he done so, the information may have been provided at that time. Mr. [redacted] acknowledges that there was a debt he is responsible for. The payoff on the account as of today is $5029.53, however in the interest of resolving the complaint, I am willing to waive all accrued interest and offer a settlement amount of $3000 to consider the account as paid in full for non-use. If this amount is received by 9/30/13, I am willing to remove the item completely from his credit as a courtesy. Should you have any further questions, please feel free to contact me directly.

Sincerely,

Collection Manager

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

First there are many things inaccurate about that last response. If youll note the attached documents and the dates, not only is the second attachment a copy of the email that I sent with attachments required which was sent on the 12th, the first attachment is also Andre Cooleys, the supervisor, response to that email, received that same day. Just because the business' personnel choose not to reveal information to the supervisory staff i.e. Mr. [redacted], does not mean the information was not sent, it means that on your end it wasn't shared.

Second, if anyone were to review the recording of my interaction with [redacted], other than of course a biased Supervisor and collections manager, they would agree she did not answer matter of factly, and was deliberately being rude and disrespectful to someone she has never even met.

Next after speaking with the Judge Advocate General, several illegalities are apparent.

First, I do qualify for the SCRA program which means any debts incurred prior to my mobilization, January of this year, are capped at 6%.

Second, per Florida state the maximum allowable legal interest rate on this type of contract is 4.75%. Because this contract is not a loan, it is an alleged agreement for services, which makes Premier Mentoring a vendor, the state judgement rate for payment to vendors is 4.75%. Were it to be a loan THAN the usury limit of 18% would hav bearing but its not so it doesnt. As the interest rate on this alleged contract is above the maximum allowable legal rate it is not enforceable.

Third, in order for a contract to be valid it has to have three things one of which being consideration. The definition of consideration in the state of Florida is "a legal concept that describes something of value in exchange for a performance or a promise of a performance." You admit that you cannot locate the alleged "verbal" agreement of me to the finance charges. On your Oral Finance Worksheet it even states that "The customer must agree verbally to the following terms." If you do not have the tape you do not have proof that I agreed to the alleged contract, your Oral Finance Worksheet lacks sufficient consideration to prove in court in addition to lacking two things, first my signature second, identification of WHAT it is I am allegedly buying per that Finance sheet.

Lastly, in the state of Florida there exists a Statute of Frauds law. Simply put this law requires that all contracts which cannot be executed within a year be in writing. According to Mr. [redacted], I allegedly agreed to charges of 3250 with 18% interest at 24 payments of of $162.25. Simple math, 24 months is not a year, as a result, per Florida state law, this contract is not enforceable.

Based on the above, I feel I can reasonably present a case in court, however it would take a long time considering my existing location outside of the US coupled with the fact I just dont feel like dragging this on furhter than it needs to go. As a result, I am prepared to offer a counteroffer with the same end result. My counteroffer is a maximum of 500$ payable only after reciept of written concent from your office. After you recieve the 500$, it should be reported as paid in full to the credit bureau and all instances completely removed from my credit as you stated in your previous response.

I hope we can finally hash this out and move forward.

Thank you for your time.

Regards,

Business

Response:

There were no attachments referncing dates and documents with Mr. [redacted]'s submission so I am unclear as to his first claim in his response. Secondly, rudeness is perception and I was not biased when reveiwing the call recording. [redacted] was assertive as the account was a defaulted balance placed in our collection agency, however she was not deliberately rude nor disrespectful as Mr. [redacted] claims.

Concerning the qulification for the SCRA, in order to obtain a rate reduction the Servicemember must make a request for the interest rate reduction in writing (which had not been previously done), must provide a copy of his military orders (which have not been recieved) and must have made installment payment prior to entering active duty. Mr. [redacted] has not made any payments whatsoever on this account. Thus he is not eligible for the SCRA as of now. Secondly, Permier Mentoring is not a vendor for the state of Floridsa as this was a oral agreement that was purchased by Monterey Financial and thus not subject to the vendor rate. The interest rate is not over the usury rate. Contracts are agreements between persons and/or legal entities, in which one party agrees to perform a service or provide goods in exchange for the payment of monh or other goods or services. The formation of a contract is accomplished when there is an offer and acceptance between the contracting parties. To be a binding contract there must be an offer and acceptance th6at involves the exchange of promises to act and/or provide goods, services or money (which are called consideration). Mr. [redacted] has admitted to the oral agrement in an email sent to Monterey and thus consideration is evident. Concerning the comment of the Statue of Frauds law, the law stipulates that the agreement that is not to be performed within the space of 1 year from the making thereof. The service was available within the year of the agreement (Mr. [redacted] chose not to use the service) and thus the law does apply.

The initial offer of accepting $3000 and waiving the inerest to settle in full the account expired on 9/30/13. In an effort to resolve this matter and move forward I am willing to counter Mr. [redacted]'s offer with the following offer of $1,000.00 paid by 10/15/13 and I will remove the credit reporting completely.

Sincerely,

[redacted]. [redacted]

Colelction Manager

Business

Response:

After reviewing the attached email from [redacted], the issue concerning the interest rate is still irrelevant as we are discounting the payoff and waiving the interest in our settlement offer. However per the SCRA rate reduction sheet Mr. [redacted] provided , it states the creditor may give you a 6% maximum interest rate on certain pre-active duty debts if you follow strict statutory steps, however these were not followed. Nevertheless, I am still willing to settle the account for $1000 if paid by 10/15/13 and will remove it from his credit report.

Sincerely,

Collections Manager

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

Sir, Regardless of any debate on the statutory requirements of the SCRA, which I think being a deployed servicemember I have a better shot at winning that argument, the one sole fact is that no matter anything anyone can argue about this alleged debt is that in the state of Florida, which is where this contract is legally executed by virture of me residing there during this time, is that this contract is not enforceable..period. The law there clearly states that any contract that cannot be executed in a year must be in writing, which I have your admission of this being a verbal contract. For the average "collections" account, 20% is an acceptable amount for almost any debt. As a result 20% of the alleged original amount of $3250 is $650, which is the maximum amount I am willing to pay. I will pay it by the 15th if this offer is accepted soon enough and as per my previous email, I receive IN WRITING this agreement via email.

Lastly all negative instances will be removed from my credit and the amount will be recorded as paid in full. Those are my terms.

Thank you for your time.

Regards,

Business

Response:

While we disagree with Mr. [redacted]'s statments or interpretation of the Florida state law, we do want to resolve this matter and move forward. I will email Mr. [redacted] with the acceptance of his terms of paying $650.00 by 10/15 to whcih we will settle in full the account and report it as such.

Sincerely,

Collections Manager

Review: I have a loan out with this company and in Aug I was informed by this company that my payment for June did not go through. I have the funds directly debited from my account and according to my statement my payment for June did go through. I sent my statement as well as 2 days after the transaction as required and yet they have done nothing to fix this. I've been back and forth with this company, they've sent my account to collections and it has reflected my credit report yet they are still taking the money out of my account. I've asked them to send me a letter showing that the funds did not go through, they refused. I asked them why did it take 2 months before contacting me to tell me that my account is supposedly past due and all they tell me is I have to pay this past due.Desired Settlement: I would like this to be removed from my credit report and taken out of collections. They are still taking money out of my account every month as scheduled

Business

Response:

[redacted] voluntarily entered into a finance contract for

furniture she purchased on February 18, 2013. As part of her finance agreement

she set her account up on automatic payments to draft directly out of her

checking account ending in [redacted] account. The first automatic payment was

scheduled on March 20, 2013. The payments for March, April and May processed

without incident. As indicated in the attached the June was payment was

returned by her bank unpaid. [redacted] has claimed that the payment was not

returned, however due to the attached notice received from our bank the funds

have been since been returned to her bank.

Monterey Financial treats their customers like reprobates from the start. They did not send me my loan documents or any instructions for payment until practically the first due date. WHen I paid them right away from my bank, they were very slow in receiving my bank transfer and then extracted $80 in late charges ON MY FIRST PAYMENT. They then cut off my access to my online class stating even after they received my payment plus late charges that my payment was late. I then contacted my bank and got a loan and paid them off in full. I have never been treated this badly as a customer in all my life. STAY AWAY From Career Step's partner MONTEREY FINANCIAL. They want to extract late fees. (predatory lender)

Review: This company brought my contract from another company. This company changed the date of my payment. In a letter they sent me it did not state all my payments will be due on the first of the month but my next payment which was January 1,2014. It doesn't state my February payment will be due on the 1st of the month. I cancelled a payment they took out on the 1st of feburary because the contract I signed with flex pay was for the 25th of each month not the 1st. This company cancelled my 90 day same as cash.

Which my 90 day is not up until the 27th of feburary from the contract I have and signed with flex pay. The customer service is very bad the people argue with you over the phone when you ask to speak to a supervisor. I had to change my account number because I feel they are cheating me. Im planning on taking them and flex pay to court this company over draft my account when they tried to take the second payment out. I dont want to deal with this company or flex pay ever again in my life.Desired Settlement: I just want my 90 day same as cash so this bill can get paid. I also want a written apology because the customer service is terrible.

Business

Response:

On November 25, 2013 Ms. [redacted] voluntarily financed a

gas range and television. The financed contract was subsequently purchased by

Monterey Financial. I have attached a copy of the contract for review.

Review: LA COMPANIA MONTEREY FINL ME ESTA COBRANDO UN DINERO QUE PRESTO A UNA PERSONA QUE SE HIZO PASAR POR MI. LES INFORME QUE ERA UN FRAUDE Y LA PERSONA NO ME HIZO CASO Y NO HA SOMETIDO NADA COMO CUENTA DE FRAUDE, ME ESTN DANANDO MI CRDITO, ME EXIGE UN ID CON FOTO Y POR ORDENES DE MI ABOGADO NO LAS ENVIARE. HICE QUERELLA EN LA POLICA Y COLOQUE ALERTAR DE FRAUDE CON [redacted], [redacted] Y [redacted]. YA LES ENVIE MI DECLARACIN JURADA DESDE LA OFICINA DEL ABOGADO Y AUN ESTOY ESPERANDO SU LLAMADA, LA CUAL NO HA LLEGADO YA QUE DIJERON QUE HABLARAN CON EL SUPERVISOR, ESTAS PERSONAS HAN SIDO GROSERAS CONMIGO Y PRESTARON UN DINERO A MI NOMBRE SIN TENER MIS DOCUMENTOS OFICIALES YA QUE VIVO EN [redacted] Y NUNCA HE VIAJADO A [redacted] Y MUCHO MENOS A PEDIR UN DINERO PRESTADO SIENDO ESTUDIANTE.Desired Settlement: QUIERO QUE ME BORREN ESA DEUDA PORQUE NUNCA HE COMPRADO NADA. QUIERO RECUPERAR MI TRANQUILIDAD, QUE MI ESTADO DE NERVIO NO SEA AFECTADO YA QUE ME PONEN BIEN NERVIOSA PORQUE ME ESTN HOSTIGANDO CON LAS LLAMADAS Y OBLIGNDOME A PAGAR QUE NUNCA SOLICITE Y MUCHO MENOS SOY RESPONSABLE

Business

Response:

Monterey Financial Services (MFS) financed the purchase of 3 iPads under the name of [redacted] from [redacted], an online catalog store, with a first payment due on 1/1/13. The phone numbers provided were invalid and MFS did not get in contact with the debtor until 4/12/13. The rep informed [redacted] that she needed to verify some information to determine the validity of fraud claim. There was no further contact with the debtor and due to the severity of the delinquency, the account was written off to Monterey Collections Services on 5/10/13. We attempted to call the debtor on 5/13/13, however she requested a Spanish speaking representative as she did not speak English. The rep who originally called her did not speak Spanish so the account was turned over to a Spanish rep who then called the debtor back. [redacted] spoke with the rep and she claimed that the account was fraud. The rep informed her that she would look into it and get back to her. The rep then turned the account over to a different rep to review some correspondence received that was in Spanish. Unfortunately the rep who was trying to review the correspondence from the debtor was unable to locate the letter and did not follow up with the original rep nor the debtor. We did not have any further contact with the debtor until receiving this complaint on 5/22/13. I reviewed the letter the debtor sent and then had a rep contact the debtor to further verify information to confirm the account was indeed identity theft. We followed our company policy and confirmed the account was indeed fraud due to identity theft. We called [redacted] on 5/24/13 and informed her of our findings. We have submitted to remove the trade line from her credit report and apologized for the inconvenience. [redacted] thanked us for clearing up the matter and requested a letter be sent to her explaining the cancellation of the account. Should you have any further questions, please feel free to contact me directly.

Review: I call [redacted] Tue. September 10th, 2013 and talk to him about this, I called 3 or 4 numbers before I got through. They asked for a pass code. I did not have one in the letter. So I called this number [redacted] and talk to [redacted]. He said they wouldn't try to wash out something with them. My health is not good I am on 3 blood pressure medications and I have a bad heart. Have coronary stent done in 07/28/2006. I pay my bills each month. This was a year ago and they are just now trying to get this money. They should have called me or write me about this. But no one did. This is the first time I have got anything about this.

The bank said they have has the same thing done to other people. I don't have anything I live in HUD house and live on 14,000 a year (see complaint online)[redacted]Desired Settlement: Have a hospital bill I am trying to pay and eye Dr., that I am paying each month ad bill of $400.00, hospital $600.00 so I don't have anything I hope this will help you out. I told mark that [redacted] that I don't owe this debt.

If you need to talk to me about this call me on my phone no. is [redacted].

[redacted] told me they has some problem with this company before.

Business

Response:

[redacted] purchased a [redacted] system from [redacted] on 5/11/12 (order id# [redacted]). Attached is an invoice from [redacted] showing that she paid $219.92 out of the $339.90 purchase price thus she is short $139.98. We confirmed that she still owed 2 installments with Luminess. Per the terms of the agreement (attached), the customer is repsonsible for all collection related and attorney fees. Late payment fee of $29.00 per missed or declined installment may ap[ply for processing fees and a finance charge of 1.5% per month interest fee will apply. [redacted] missed 2 of her installment payments and thus $58.00 was assesed for late charges. The account was placed with Monterey Collection Services on 8/16/13 due to the defaulted amount. A collection fee of $35.99 was added to the $199.98 balance placed. [redacted] had the option of a 30 day in home trial period which she did not exercise and thus is responsible for the debt. As of today, the payoff on the account is $213.97. We are willing to wok with [redacted] through her financial difficulties, however the debt is valid and will continue to report as a disputed open Collection account. I strongly urge [redacted] to reconsider her refusal to pay and contact our office to set up arrangements to satisfy the remaining balance.

Sincerely,

Collections Manager

I am very unhappy with Monterrey Financial, I have tried and tried to solve my problem with them. They have taken two unauthorized payments out of my account. I don't understand how they think they can continue to just do whatever they want without my consent. They are not professional at all. Please find another loan company. They are not a good loan company at all. I'm warning You!

Monterey Financial is a highly deceptive company. This company charges 16% interest per day for financing a debt. This is a scam we ended up with a balance higher than the original charge. Monterey financial does not intend for you to ever stop paying your debt. We will never do any business with this company again. This is not a company that helps you pay off anything! This company needs to be investigated for deceiving the customers with deceptive practices, high fees that you are not aware of.

Review: I called in to pay. And right away the employee begins to cut me off and not let me speak. I try to advise that I'm calling in to pay and looking for a settlement but she begins to speak louder as so I can not be a word in. Very upsetting. I ask for a manager and clearly this is the way the management teaches theyr employees how to collect cause she is the same way. I ask for a settlement and she says sarcastically, "yes their is a settlement pay the balance". She was condicending, sarcastic, smart allic, and rude just like the prior rep. She said she didn't care if I filed a complaint cause they have an A listing with the Revdex.com as if that gave them permission to belittle consumers.Desired Settlement: A settlement as requested.

Consumer

Response:

---------- Forwarded message ----------From: [redacted]>Date: Tue, Mar 17, 2015 at 5:00 PMSubject: Re: [redacted]To: General Mailbox [redacted]You may want to re read the message. As I stated prior the complaint has already been filed. Prior to your manager harassing me by email which she was not authorized to do so. But if you have a response for me regarding my account please let me know what it is. Thank youSent from my iPhone

Review: I purchased a Mini Med Pump for my Diabetes care from [redacted] in April 2014. Monterey Financial Services would be the payment contact for such materials/services. After having an allergic reactions to the adhesive and infusion sets I had no other choice but to return products to [redacted]. I informed Monterey of such return and informed them that [redacted] would update them and that payment matters would need to be post poned until return was finalized (per [redacted]). I informed them that if they had questions to contact [redacted]. I made contact with [redacted] to confirm status of my return; I was informed it was approved and that Monterey was updated. I specifically asked if there was a balance and I was informed there was none.

I thought all was well and no debt needed my attention. I began receiving calls from [redacted] from Monterey. The two of us never were able to make contact (we played phone tag). I received a call and spoke with a lady (name not provided) who in turned told me my account had a balance of $414.70 dollars and a past due amount of $150.00 (or something close to that) I was informed that if payment was not made in a week that I would be sent to collections. I informed her that I never received an invoice to know I had a balance. In short the below is my concerns: 1) An invoice/statement was never provided to me until I requested on 9/04/2014. 2)

After contacting supervisor I received only a payment history (not statement or invoice). 3) Opening balance with Monterey was $2012.27 on 4/03/14; return was completed in Mid May 2014. On 7/29/14 a DBLA Decrease Balance was noted in the amount of $ 826.60 and another on 8/20/2014 for the amount of $ 788.97 leaving a balance of $396.70 and then a $6.00 service charge for July, August and September 1st. 4) Spoke with a [redacted] (could spell wrong) stating my account is now past due 400.00+. I made payment on 9/8/2014 and informed her I would make payments weekly/monthly.Desired Settlement: I request the following: 1) All service fees ($6.00 montly) be removed from my account effective immediately. 2) That I receive an invoice/statement for all charges on account monthly and an actual one be received immediately (not a payment history). 3) That my account be removed from collections threat seeing I never received invoice to be informed I had such debt until September 2014. 4) That the payment be accepted as monthly payments. 5) That the company stop harassing me seeing payment was received on account via web. 6) That I not be asked to contact them after making payment on web so they can update the account; this should be done automatically. If they offer web payment then review themselves of any updates/payments to any account. 7) That my account be updated to on time payment.

Business

Response:

In response to the complaint received:

On 6-5-14, [redacted] ordered an insulin pump # & associated supplies from [redacted] MiniMed (Agreement & Payment plan attached). This loan was placed with Monterey Financial Services to service the payments outlined in the agreement. After [redacted] informed a Monterey representative on 7-15 that she had returned the pump, Monterey immediately reached out to [redacted] Minimed to verify the return.

Monterey was notified by [redacted] Minimed on 8-28 that a return had been processed, and that [redacted] should receive a decrease in her overall balance in the amount of $1,615.57. [redacted] did not return 1 box of MMT-7008A, which left her remaining balance.

As a courtesy to [redacted], Monterey will adjust her account to reflect her next payment due on 10-1-14 in the amount of $52.80, and have the amount of $133.40 that is currently reflecting as past due placed to the back of the loan. This will leave her account current, and in good standing. She will receive statements accordingly. The Payment Agreement outlines the monthly service fee, which is assessed each month there is a balance with Monterey. These fees will not be removed.

I apologize for any miscommunication that [redacted] may have experienced while executing the partial return of her products. I urge [redacted] to contact Monterey Financial toll free at [redacted] to set up automatic payments to ensure timely payments, or to pay off the remaining balance to avoid any future monthly Service Fees.

Regards,

Manager

Monterey Loan Servicing

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

From my communications with the company they have made no changes to what I originally requested. I informed them that I would make weekly/monthly payments to resolve my balance. The "status" of my account to be in good standing if I make a payment by October 1st is not satisfactory to me seeing I was never informed of being late or having a balance. I am glad they will provide statements;but it is sad it had to take this for it to happen. I will make payments to them to resolve balance.

Regards,

Business

Response:

In response to the rejection received:

As stated in the original response, Monterey has changed [redacted] account status from past due, to reflect current, so for [redacted] to state no changes have been made is innaccurate. Monterey has also waived all fees assessed on the account since she first notified our office of the return (July through September), in the amount of $28. If the next due of 10-1-14 does not work for [redacted], Monterey is willing to chane her due date to a more suitable one, but she has not communicated such to our office, and as she has stated in her last 2 communications in this forum, she will be making her payments as scheduled. I urge [redacted] to contact our office, toll free at 877-775-3080 to make the necessary arrangements.

Regards,

Manager

Monterey Loan Servicing

Review: I have a loan for car repairs through this company. It is a very high interest rate loan. I was told when I opened it I had 3 months to pay it off with no interest. I spoke to a representative on the phone in September and they informed me I had until the end of December to pay it off. So I didn't worry about it because I had time.

So today, December 27, 2013 I called them and the same as cash payoff had expired on 12-19-13. The person on the phone today 12-27-13, [redacted] said it said the payoff date of 12-19-13 was in my contract. I explained to her the person on the phone in September said I had until the end of December. Because of THAT phone call I did not worry about it, and intended to pay it off today, 12-27-13. She said all calls are recorded so I asked her if she would listen to my previous phone call. She said no, there is no reason to. I said the person in my September phone call said I had until the end of the month, but it didn't matter to Whitney what the person told me because in the contract it said 12-19-13. She refused to listen to the September phone call. She was extremely rude and did not care about my personal situation one bit.Desired Settlement: I am requesting a refund of the current interest charges, and to pay off my principal balance only. I was willing to pay that off today 12-27-13, because the person I spoke to in September said I had until the end of December 2013. According to [redacted], that phone call was recorded. I would like to hear that phone call. I am ready to pay off the principal balance today. [redacted] needs some training on how to handle customers and be reprimanded because she made me feel extremely upset and taken advantage of.

Business

Response:

As [redacted] states she has a contract through Monterey

Financial for automobile repairs completed at [redacted]. The

contract was opened on September 20, 2013 and contained a 90 day same as cash

option. On the 3rd page of the attached contract under the section “90

DAYS SAME AS CASH OPTION” is the same as cash clause. The same as cash

expiration date of December 19, 2013 is printed within this clause. The terms

of the contract were agreed to by [redacted] as indicated by her signature in 5

locations and initials in an additional 3 locations.

Review: I have no idea how this company has an A+ rating. I purchased an insulin pump from [redacted] and what my insurance did not pay was set up a payment plan with Monterey. This company is relentless. Due to some confusion with my April 2013 invoice I thought I had a credit. They called on 5/9/13 to inform me I had missed a payment. I explained that I thought I had a credit and when they explained to me that I didnt I told them that I would mail a check with April's and May's payment on 5/15. I even called on the 15th to let them know the check number, the amount and the date I mailed it. My payments are not due until the 25th of the month. On Saturday 5/18, I received a "courtesy" call from them letting me know that they had still not received my payment (that was mailed 3 days earlier) and they wanted me to contact my post office and my bank. They wanted me to stop payment on my check (which is a 10.00 fee) and then pay the amount due over the phone, which they would charge me a 10.00 fee (on a 50.00 payment) and they refused to waive the fee. Keep in mind my April payment isn't even 30 days late at this time. I told them no and they told me they would go ahead and give me util 5/20 to get my payment in and then they would send me to collections. It takes 14 days to get my bill from them, but they expected my payment to reach them in 4 days. They offered to set me up on auto bill pay, but after reading other complaints about more money being taken out of your account I refuse to do that. I would have gladly paid over the phone if they would have waived the 10.00 fee to which they replied "they would not do". I was also told that I know when my bills are due and even if I haven't received a bill that I should mail my payment, b/c "paying my bills late is what is causing this problem". Not only are they rude, they refuse to work with the customer and sending a customer to collections for a payment that isn't even 30 days late and has been mailed is unheard of. I am very displeased!Desired Settlement: I would like to be able to make future payments on the web or by phone without being charged a 10.00 fee. They would have already had my payment if they would have allowed me to do that on the 15th. Also, I think they need some training to be less threatening over the phone and more helpful to the customer. I will never buy anything again that uses this company for finances.

Business

Response:

First, Monterey was never notified of this complaint filed

with the Revdex.com, or a response would have been provided within 48 hours, as is our

policy.

Set up on 10 payment to resolve issue, only to find out they give me wrong amount and is my problem. When called on why more than set up I was told my problem, and representative was as rude as could be an expressed it in cursing. Would not work with them again.

This company has the WORST customer service I have ever dealt with. The agents are rude, unprofessional, disrespectful and has no class or respect for themselves, their job or the CEO(s) of the company. They are liars and do not have any interigity about themselves or the company.