Preferred Sales & Service

Dear *** ***.This letter is being sent directly to you in response to the complaint you filed with the Revdex.com of San Diego, specifically with regard to the legal services rendered in your case which was handled by our office.First, without dealing with the particular facts of
the criminal charges that were pending against you, you contacted our office specifically with regard to a letter you received notifying you that a warrant had been issued for your arrestThe warrant had issued on August 25, 2016, and you contacted our office with regard to representation on August 30, You entered into a contract for legal services with our office in the amount of $5,which was a flat fee to cover not only recalling the warrant, but also handling the case in its entirety, short of proceeding to trial.Again, without detailing the criminal charges against you, the allegations in this matter, they resulted in the filing of serious misdemeanor charges stemming from serious allegations with an alleged victimIn addition, the alleged crime was of the ***e or similar nature of a crime for which you had been previously convictedThus, the flat fee charged in this matter was incredibly reasonable by any standardIn addition, and as you correctly point out, my office was willing to work with you with regard to a payment plan on this matter, pursuant to the fee agreement We had reachedA payment plan was arranged such that you paid a lump sum up front of $3,500.00, and the payments for the balance were due in increments of $due on the 15th of each month thereafter until the balance was paid in fullIn fact, and as you fail to point out, you asked several times to have those payments either postponed or split in half to accommodate your financesOur office agreed to do that on both occasions when requested, despite having no legal obligation to do so.As was thoroughly explained to you at the time you hired our office, the courts in SanDiego County have recently enlisted a system for recalling warrants based on their lack of resources to accommodate warrant recall hearings on a wabasisThus, the required procedureis for an attorney to appear at court and make an appointment for a warrant recall hearing, which was done the very ***e day you hired our officeSee Exhibit A, attached hereto, calendar requestAs reflected therein, the earliest day the court had available for that particular hearing was September 12, Although this means that you had a warrant outstanding for that period of time, this was the only solution and it was done as quickly and efficiently as possible.As would be reflective of the time and attention that was spent on your case, in the period between August 30, and September 12, 2016, you called for updates no fewer than ten Separate times, sometimes multiple times in one dayAlthough there would be no new information until after the Court date presently set for September 12, an attorney or other representative from my office would always take time to explain things in detail and answer each and every one of your questions or inquiries.At the Court date on September 12, 2016, my office appeared on your behalf without you being present, recalled the warrant and initiated the case, appearing as attorney of recordMy office was informed at that time that due to the nature and seriousness of the charges, your presence was required at each and every future hearingAs such, the Court on its own motion continued the matter until you could be presentEven without you present, the warrant was immediately recalled and the case was initiated based on my offices representation.Immediately after court, my office contacted and updated you, informing you that you would have to make arrangements to be present in courtMy office made certain to get assurances from the court that, although you had not been booked or arrested on this case and that the Judge was not intending to have you booked or arrested at that initial appearance, albeit over the prosecutors vehement objectionsThus, my office additionally gave you assurances at that time as to the initial proceedings and that you would not be taken into custody, which was your ultimate COCCITI.Throughout the pendency of your case, the prosecution continuously insisted they wanted you to serve no less than days of custody and be placed on formal probation, due to the aggravated facts in this case, the multiple witnesses to the offense, as well as your prior criminal conviction of the essentially identical conductTherefore, and as you correctly cited, through my office's effective negotiations with the prosecution, as well as numerous thorough discussions with the Judge herself, it was decided that you would enter a plea directly to the CourtThat decision was a decision you made after significant discussion as to all possible options and outcomesAnd that decision was decidedly the best option for you because the Judge had indicated, among other things, that the maximum amount of custody you would receive would be sixty days.And in fact, prior to your sentencing hearing on this matter, my office continued to thoroughly prepare you for that particular outcome, as well as thoroughly prepare to argue as to why you should receive no custody whatsoeverThis included multiple additional phone calls, emails, and in-person meetings with my officeThis also included the preparation and filing of a thorough statement in mitigation of over twenty-eight pages which was submitted to the Court on your behalfWhen it came down to sentencing, in fact, the admissions you yourself made during the probation interview were so egregious and shocking, the Court concluded it had no choice but to sentence you to the sixty days of custody, which was not the maximum as you so incorrectly stateThe court could have sentenced you up to one year for this particular offenseGiven the nature and circumstances of the offense, it's very likely any other judge would have sentenced you to the maximum.Further, and as was the circumstance throughout the pendency of your case, my office continued to provide you with unwavering care and attention to your needs as a clientI know for a fact that my office specifically repeated to you over and over to simply "expect that you are going to do the sixty days' because that was what the Judge had in fact indicatedThe best possible result was precisely what happened in your case, because my office spared no expense or time limitation in your case addressing each and every aspect.As to your fee, my office policy has always been to negotiate a flat fee based on the particular needs of the client, their particular charge and criminal history, as well as the amount of work that is anticipated to be required to effectively represent our clientsYour case was reasonably negoatiated at first, but you received care and representation far above and beyond the scope of what was initially contemplated on our behalfYour constant phone calls, questions, emails, and meetings were all addressed and handled professionallyIn hindsight, if my office knew back when the terms of your retainer agreement was initially negotiated just exactly how many hours would be involved in your representation, your fee would at least be double, if not triple, what it wasAll said and done my office likely spent over 60+ hours working on your caseHad this been a case charged by the hour, at a regular attorney rate of $an hour, you can simply do the math to understand the scope of this matter.Finally, and most importantly, your characterization in your complaint does not accurately reflect the lengths my office went to represent youFurther, your complaint does not accurately reflect the willingness my office was to work with you on the fees in this matterTime and time again we agreed to a lower payment, so long as that payment was made and you communicated with our officeAnd that is exactly what occurred: the last payment was made to our office on December 22, in the amount of $which had been agreed upon prior - of note, this is half of the amount initially agreed upon per payment and was the second time we had agreed to do soAs of today’s date, you still have $due and owing to our office, which we had agreed to wait to collect on until you contacted us after your release from custodyInstead of you contacting us to tell us when that final payment would be made, you initiated the instant complaint.Sincerely,

Review: I [redacted] financed a vehicle on 8/22/12 and added an extended warranty for $1,684. On 8/25/12 I notified the dealer [redacted] # (XXX)XXX-XXXX about the vehicle not having any oil and that he sold it to me that way. He denied selling it to me that way. I then had to add oil which only lasted two weeks. I notified him again and he stated that I should wait a few months so that the warranty would cover the service on the vehicle. I just learned on 7/16/13 that the warranty contract contains 17 pages and I was only given 2 pages and that the warranty does not cover the service on my vehicle. I have 2yrs left to pay off the vehicle and I cannot drive it at this time. Can you please help me with this situation?

Sincerely,

[redacted]

Product_Or_Service: 2002 Nissan Altima

Desired Settlement: DesiredSettlementID: Refund

The warranty contract to be voided and a refund to the finance company and myself in the event that the vehicle has to be returned.

Business

Response:

Consumer Response /* (-5, 13, 2013/08/16) */

I have not been contacted from the company where I purchased the vehicle. I also have not received the entire warranty contract that I requested from the warranty company.